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 Mimi Raper, Associate Pastor, First United Methodist Church, Austin, offered the invocation as follows:

Spirit of the living God, come upon us now. Open our eyes, our ears, our minds, our very souls so that we might do justice, love kindness, and walk humbly with You. Amen.

On motion of Senator Truan and by unanimous consent, the reading of the Journal of the proceedings of Thursday, February 18, 1999, was dispensed with and the Journal was approved.

CO-AUTHOR OF SENATE BILL 58

On motion of Senator Haywood and by unanimous consent, Senator Carona will be shown as Co-author of SB 58.

CO-AUTHORS OF SENATE BILL 93

On motion of Senator Moncrief and by unanimous consent, Senators Cain and Nelson will be shown as Co-authors of SB 93.

CO-AUTHORS OF SENATE BILL 94

On motion of Senator Moncrief and by unanimous consent, Senators Cain and Nelson will be shown as Co-authors of SB 94.

CO-AUTHORS OF SENATE BILL 95

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

CO-AUTHORS OF SENATE BILL 96

On motion of Senator Moncrief and by unanimous consent, Senators Cain and Nelson will be shown as Co-authors of SB 96.

CO-AUTHOR OF SENATE BILL 114

On motion of Senator Gallegos and by unanimous consent, Senator Shapleigh will be shown as Co-author of SB 114.

CO-AUTHOR OF SENATE BILL 138

On motion of Senator Sibley and by unanimous consent, Senator Haywood will be shown as Co-author of SB 138.

CO-AUTHORS OF SENATE BILL 200

On motion of Senator Moncrief and by unanimous consent, Senators Cain and Nelson will be shown as Co-authors of SB 200.

CO-AUTHOR OF SENATE BILL 224

On motion of Senator Haywood and by unanimous consent, Senator Armbrister will be shown as Co-author of SB 224.

CO-AUTHOR OF SENATE BILL 313

On motion of Senator Madla and by unanimous consent, Senator Luna will be shown as Co-author of SB 313.

CO-AUTHORS OF SENATE BILL 348

On motion of Senator Haywood and by unanimous consent, Senators Lucio and West will be shown as Co-authors of SB 348.

CO-AUTHOR OF SENATE BILL 513

On motion of Senator Carona and by unanimous consent, Senator Shapleigh will be shown as Co-author of SB 513.

CO-AUTHOR OF SENATE CONCURRENT RESOLUTION 3

On motion of Senator Truan and by unanimous consent, Senator Zaffirini will be shown as Co-author of SCR 3.

SENATE BILLS AND RESOLUTION ON FIRST READING

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

SB 361 by Zaffirini

Relating to the continuation and functions of the Texas Commission for the Blind.

To Committee on Health Services.

SB 362 by Zaffirini

Relating to the continuation and functions of the Texas Planning Council for Developmental Disabilities.

To Committee on Human Services.

SB 363 by Zaffirini

Relating to the continuation and functions of the Governor's Committee on People with Disabilities.

To Committee on Human Services.

SB 573 by Armbrister

Relating to the authority of a municipality to implement a photographic traffic-control system; providing for imposition of a civil penalty.

To Committee on Intergovernmental Relations.

SB 574 by Armbrister

Relating to participation and credit in, contributions to, and benefits and administration of the Texas Municipal Retirement System.

To Committee on Intergovernmental Relations.

SB 575 by Armbrister

Relating to the regulation of bingo, including the authorization of linked bingo games.

To Committee on State Affairs.

SB 576 by Armbrister

Relating to class size in public schools.

To Committee on Education.

SB 577 by Armbrister

Relating to the duties of and procedures affecting a court clerk with respect to certain criminal matters.

To Committee on Criminal Justice.

SB 578 by Armbrister

Relating to the reporting of certain convictions to the Texas Department of Public Safety for the purposes of the suspension of the defendants' driver's licenses.

To Committee on Criminal Justice.

SB 579 by Armbrister

Relating to the collection of court costs in a forfeiture proceeding.

To Committee on Criminal Justice.

SB 580 by Harris

Relating to the creation of an offense for violating a court order regarding the parent-child relationship.

To Committee on Jurisprudence.

SB 581 by Harris

Relating to the requirements for and the liability of certain employers who are required to withhold child support from an employee's earnings.

To Committee on Jurisprudence.

SB 582 by Ellis

Relating to the authority of the State Board of Education to manage the permanent school fund.

To Committee on Education.

SB 583 by Ellis

Relating to a prospective state contractor who is indebted to or owes delinquent taxes to the state.

To Committee on State Affairs.

SB 584 by Ellis

Relating to establishing the Hope adult literacy grant program to be funded by revenue from a special lottery game.

To Committee on Finance.

SB 585 by Nixon

Relating to a self-directed investment option for participants in the Employees Retirement System of Texas.

To Committee on State Affairs.

SB 586 by Nixon

Relating to requiring county approval of certain municipal annexations.

To Committee on Intergovernmental Relations.

SB 587 by Nixon

Relating to a limitation on the maximum average annual increase in the appraised value of real property for ad valorem tax purposes.

To Committee on Finance.

SB 588 by Nelson, Moncrief, Lucio, Shapiro, Cain, Lindsay, Zaffirini

Relating to the suspension of a license to carry a concealed handgun issued to a person who commits family violence.

To Committee on Criminal Justice.

SB 589 by Nelson

Relating to the creation of a municipal court of record in Farmers Branch.

To Committee on Intergovernmental Relations.

SB 590 by Truan, Armbrister, Zaffirini

Relating to the establishment of The Texas A&M University System Coastal Bend Health Education Center.

To Subcommittee on Higher Education.

SB 591 by Shapiro, Armbrister, Bernsen, Ellis, Carona, Harris, Gallegos, Haywood, Nixon, Wentworth, Lindsay

Relating to funding for school districts that open new schools or expand existing schools.

To Committee on Education.

SB 592 by Shapiro, Armbrister, Bernsen, Ellis, Carona, Harris, Gallegos, Haywood, Nixon, Wentworth, Lindsay

Relating to state assistance for school facilities in certain fast-growth school districts.

To Committee on Education.

SB 593 by Shapiro, Armbrister, Bernsen, Ellis, Carona, Harris, Gallegos, Haywood, Nixon, Wentworth, Lindsay

Relating to additional state assistance for certain school districts with high tax rates.

To Committee on Education.

SB 594 by Nelson, Bernsen, Wentworth

Relating to state assistance for certain school district instructional facilities projects.

To Committee on Education.

SB 595 by Nelson, Bernsen, Wentworth

Relating to the state funding for school district debt service.

To Committee on Education.

SB 596 by Nelson, Bernsen, Wentworth

Relating to an additional Foundation School Program allotment for schools that open or expand instructional facilities.

To Committee on Education.

SB 597 by Moncrief, Ratliff

Relating to the nursing and convalescent home trust fund.

To Committee on Health Services.

SB 598 by Duncan, Fraser

Relating to actions regarding certain computer date failures.

To Subcommittee on Technology and Business Growth.

SB 599 by Nixon

Relating to requiring ownership disclosure for certain businesses.

To Committee on Economic Development.

SB 600 by Wentworth

Relating to the regulation of automobile insurance rates.

To Committee on Economic Development.

SB 601 by Moncrief

Relating to the creation of a municipal court technology fund.

To Committee on Intergovernmental Relations.

SB 602 by Moncrief

Relating to the membership of the Texas Board of Health and the membership and powers of the Interagency Council for Genetic Services.

To Committee on Health Services.

SB 603 by Nelson

Relating to the requirement that holders of certain alcoholic beverage permits or licenses furnish a bond.

To Committee on Economic Development.

SB 604 by Nelson

Relating to imposing an administrative fee on an individual who performs community service as a condition of community supervision.

To Committee on Jurisprudence.

SB 605 by Lindsay

Relating to the regulation of fireworks by certain counties; providing a criminal penalty.

To Committee on Intergovernmental Relations.

SB 606 by Fraser

Relating to requiring the Texas Department of Transportation to conduct a study of strategic deployment routes and highways used by the military.

To Committee on Veteran Affairs and Military Installations.

SB 607 by Fraser

Relating to developing and maintaining a database of the state's defense contractors.

To Committee on Veteran Affairs and Military Installations.

SB 608 by Fraser

Relating to exempting certain military personnel from the requirements of the Texas Academic Skills Program.

To Committee on Education.

SB 609 by Lindsay

Relating to the duties of an attorney ad litem in a suit affecting the parent-child relationship.

To Committee on Jurisprudence.

SB 610 by Ogden, Wentworth

Relating to the creation of a judicial district composed of Williamson County.

To Committee on Jurisprudence.

SB 611 by Ogden, Wentworth

Relating to the appointment and duties of criminal magistrates for certain courts of Williamson County.

To Committee on Intergovernmental Relations.

SB 612 by Ogden, Wentworth

Relating to the creation of a county court at law in Williamson County.

To Committee on Intergovernmental Relations.

SB 613 by Carona

Relating to the disclosure of certain records maintained or obtained by the comptroller of public accounts of the State of Texas.

To Committee on State Affairs.

SB 614 by Sibley

Relating to proportionate responsibility of persons who cannot feasibly be joined in a lawsuit.

To Subcommittee on Technology and Business Growth.

SB 615 by Zaffirini

Relating to immunization requirements for children living near the border with the United Mexican States.

To Committee on Border Affairs - Special.

SB 616 by Brown

Relating to the financial obligations of the state under a contract between the Texas Lottery Commission and a lottery operator.

To Committee on Finance.

SB 617 by Harris

Relating to the penalty for practicing chiropractic without a license.

To Committee on Health Services.

SB 618 by Harris

Relating to removal of an unauthorized vehicle; providing a civil penalty.

To Committee on State Affairs.

SB 619 by Harris

Relating to county expenses paid from the interest on certain court registry funds.

To Committee on Jurisprudence.

SB 620 by Harris

Relating to the eligibility of a delinquent child support obligor to receive state grants or loans or receive payment on state contracts.

To Committee on Jurisprudence.

SB 621 by Gallegos

Relating to conditions of employment for peace officers employed by certain transportation authorities.

To Committee on Intergovernmental Relations.

SCR 33 by Ratliff

Granting Gibson Recycling, Inc., permission to sue the state and the Texas Natural Resource Conservation Commission.

To Committee on Jurisprudence.

CAPITOL PHYSICIAN

Senator Lucio was recognized and presented Dr. Efraim Vela of McAllen as the "Doctor for the Day."

The Senate welcomed Dr. Vela 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 22, 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 60, Encouraging state government and business leaders to support and attend the Texas Prayer Breakfast.

HCR 82, Recognizing February 24, 1999, as Snyder Day at the State Capitol.

HCR 98, In memory of Sarah Elisabeth Worley of Denton.

Respectfully,

Sharon Carter, Chief Clerk

House of Representatives

MESSAGE FROM THE GOVERNOR

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

Austin, Texas

February 18, 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 MEMBERS OF THE TEXAS BOARD OF HEALTH for terms to expire February 1, 2005:

Beverly Harris Robinson, Ph.D.

6315 Hidden Hollow

Windcrest, Texas 78239-2722

(replacing David L. Collins of

Houston whose term expired)

Margo Sneller Scholin

6348 Sewanee Street

Houston, Texas 77005

(replacing Ruth F. Stewart of

San Antonio whose term expired)

TO BE MEMBERS OF TEXAS WOMAN'S UNIVERSITY BOARD OF REGENTS:

For terms to expire February 1, 2005

Jerry L. Brownlee

12970 County Road 1117

Cleburne, Texas 76031

(replacing Nan Hutchins Bailey

of Flint whose term expired)

Delia M. Reyes

15820 Knoll Trail #117

Dallas, Texas 75248

(replacing Cheryl B. Wattley of

Dallas whose term expired)

For a term to expire February 1, 2001

Carlos R. Hamilton, Jr., M.D.

3713 Chevy Chase

Houston, Texas 77019

(will be filling the unexpired

term of Dr. Ronald F. Garvey of

Dallas whose term expired)

TO BE JUDGE OF THE 125TH JUDICIAL DISTRICT COURT, HARRIS COUNTY, until the next General Election and until his successor shall be duly elected and qualified:

John A. Coselli, Jr.

6403 Valerie

Bellaire, Texas 77401

Mr. Coselli will be replacing Judge Don E. Wittig of Houston who was elected

to the 14th Court of Appeals, Harris County.

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

Gale E. Burkett

400 Creekside Court

League City, Texas 77573

(replacing Lee L. Kaplan

of Houston whose term expired)

J. Jan Collmer

5525 Westgrove Drive

Dallas, Texas 75248-2030

(replacing James R. Royer of

Houston whose term expired)

Michael J. Butchko

4072 Enclave Mesa Circle

Austin, Texas 78731

(replacing William Earl Jewett

of Amarillo whose term expired)

TO BE MEMBERS OF THE TEXAS PUBLIC FINANCE AUTHORITY BOARD OF DIRECTORS for terms to expire February 1, 2005:

Helen Huey

1517 Monarch Oaks

Houston, Texas 77055

(replacing Peter Lewis of

Dallas whose term expired)

H. L. Bert Mijares, Jr.

5632 Cortina

El Paso, Texas 79912

(replacing Cheryl D. Creuzot of

Houston whose term expired)

TO BE A MEMBER OF THE VETERANS LAND BOARD for a term to expire December 29, 2002:

Darryl Ladd Pattillo

1700 Jackson Hole Cove

Austin, Texas 78746

(reappointment)

TO BE MEMBERS OF TEXAS A&M UNIVERSITY SYSTEM BOARD OF REGENTS for terms to expire February 1, 2005:

Lionel Sosa

644 Alamo Heights Boulevard

San Antonio, Texas 78209

(replacing John Lindsey of

Houston whose term expired)

R. H. "Steve" Stevens, Jr.

5251 Stamper Way

Houston, Texas 77056

(replacing T. Michael O'Connor of

Victoria whose term expired)

Susan Rudd Wynn, M.D.

6800 Bellaire Court South

Benbrook, Texas 76132

(replacing Guadalupe Lopez Rangel

of Corpus Christi whose term expired)

Respectfully submitted,

/s/George W. Bush

Governor

SENATE RESOLUTION 267

Senator Ellis offered the following resolution:

WHEREAS, Today's date, February 22, is a cause for celebration not only in honor of George Washington's Birthday but also because Senator Chris Harris turns 51 today; and

WHEREAS, Everyone's birthday is a cause for celebration, but Senator Harris's advance in years is a medical miracle and source of amazement, for much like the television program, "Six Million Dollar Man," Senator Harris is part by part replacing himself and must surely be worth at least a couple of million dollars now in replacement parts; and

WHEREAS, Senator Harris has won many awards and received recognition for his accomplishments, including special recognition from the Wall Street Journal for his innovative questioning of witnesses and most recently winning the coveted Mr. Congeniality Award of the 75th Legislative Session, which prompted his colleagues to express the desire for the Chris Harris School of Charm to be established for all who could benefit from his instruction; and

WHEREAS, Through the significant achievement of completing his education, Senator Harris proved that being dyslexic and having attention deficit disorder are not serious impediments to finishing school and that social promotion may not be such a bad thing, last Thursday's Senate Bill 1 notwithstanding; and

WHEREAS, The State of Texas commends Senator Harris for generously supporting the state budget surplus through his contributions to the tobacco tax and the gasoline tax on his assorted oversized automobiles, recreational vehicles, and trucks; and

WHEREAS, Senator Harris is especially adept in the art of legislation involving rodeo, bulldozers, cattle punching, and mudding and continues to hone his expertise in these areas; and

WHEREAS, Senator Harris is universally wished a happy birthday with special best wishes from several former attorney generals and directors of the State School for the Deaf; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby extend sincere greetings for a happy birthday with many happy returns to Senator Chris Harris; and, be it further

RESOLVED, That a copy of this Resolution be prepared for Senator Harris as an expression of high regard from the Texas Senate.

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 Ellis, the resolution was adopted by a viva voce vote.

(Senator Carona in Chair)

SENATE RESOLUTION 199

Senator Bernsen offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize the citizens of Port Arthur on the joyous occasion of Port Arthur Day at the Capitol, which takes place February 22, 1999; and

WHEREAS, This event provides the citizens of Port Arthur with an opportunity to rejoice in the amenities of their outstanding city and to take pride in its unique contributions to the State of Texas; and

WHEREAS, Founded in 1895 by Arthur E. Stilwell, a railroad promoter, Port Arthur was destined to become the second largest oil-refining site in the nation after the nearby Spindletop eruption ushered in the great Texas oilfield boom; and

WHEREAS, Though situated in a famous oil refinery area, Port Arthur is also well known for its surrounding beauty; the McFaddin and Texas Point national wildlife refuges are to the south of the city and Pleasure Island is connected by the M. L. King-Gulfgate Bridge; and

WHEREAS, Snow geese, many species of ducks, and other waterfowl populate the enchanting marshes, and Sabine Lake and the nearby Gulf of Mexico provide for excellent freshwater and saltwater fishing opportunities; and

WHEREAS, Local citizens and tourists enjoy Sea Rim State Park and nearby Sabine Pass Battleground State Historical Park, which marks the site of a Civil War battle in which a small number of Confederates forced a large Union fleet to retreat; and

WHEREAS, Known for its commitment to educational excellence, Port Arthur is home to Lamar University at Port Arthur and was the first city in Texas to adopt the 12-grade public school system; and

WHEREAS, Port Arthur residents are hardworking, generous, and hospitable, and they have successfully preserved the beauty and charm of their city; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby commend the citizens of Port Arthur and extend best wishes to them for a rewarding and celebratory Port Arthur Day; and, be it further

RESOLVED, That a copy of this Resolution be prepared for them as an expression of high regard from the Texas Senate.

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 Bernsen, the resolution was adopted by a viva voce vote.

GUESTS PRESENTED

Senator Bernsen was recognized and introduced to the Senate a delegation of city officials and citizens of Port Arthur.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate a group of students from the first graduating class of the Dental Hygienist Program at Blinn College-Bryan Campus.

The Senate welcomed its guests.

(President in Chair)

GUESTS PRESENTED

The President introduced to the Senate Steve McKinney of the Indianapolis Colts football team and his mother, Lou Ann McKinney of West Lake Hills.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Shapleigh was recognized and introduced to the Senate a group of high school students from the El Paso Independent School District.

The Senate welcomed its guests.

CONCLUSION OF MORNING CALL

The President at 2:05 p.m. announced the conclusion of morning call.

SESSION TO CONSIDER EXECUTIVE APPOINTMENTS

The President announced the time had arrived to consider the executive appointments to agencies, boards, and commissions. Notice of submission of these names for consideration was given Thursday, February 18, 1999, by Senator Wentworth.

Senator Wentworth moved confirmation of the nominees reported Thursday by the Committee on Nominations.

The President asked if there were requests to sever nominees.

There were no requests offered.

NOMINEES CONFIRMED

The following nominees as reported by the Committee on Nominations were confirmed by the following vote: Yeas 31, Nays 0.

Member, State Board of Education, District 6, and Chair, State Board of Education: Charles G. "Chase" Untermeyer, Harris County.

Commissioner of Education: Dr. Michael Alton Moses, Travis County.

Member, Texas Natural Resource Conservation Commission: Robert J. Huston, Travis County.

Member, Public Safety Commission: M. Colleen McHugh, Nueces County.

Director, Texas Department of Housing and Community Affairs: Daisy Amos Stiner, Williamson County.

Justice, Court of Appeals, Third Court of Appeals District: Earl L. Yeakel III, Travis County.

COMMITTEE SUBSTITUTE

SENATE BILL 166 ON SECOND READING

Senator Carona moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that CSSB 166 be taken up for consideration at this time:

CSSB 166, Relating to the meaning of a tenant turnover date in connection with requirements for security devices for residential rental property.

The motion prevailed by the following vote: Yeas 31, Nays 0.

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

COMMITTEE SUBSTITUTE

SENATE BILL 166 ON THIRD READING

Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 166 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 1.

Nays: Wentworth.

CSSB 166 was read third time and was passed by a viva voce vote.

SENATE BILL 204 ON SECOND READING

Senator Carona moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that SB 204 be taken up for consideration at this time:

SB 204, Relating to permitting county officers and employees to receive reduced airline fares while engaged in official county business.

The motion prevailed by the following vote: Yeas 31, Nays 0.

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

SENATE BILL 204 ON THIRD READING

Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 204 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 1.

Nays: Wentworth.

SB 204 was read third time and was passed by a viva voce vote.

(Senator Ogden in Chair)

SENATE BILL 307 ON SECOND READING

Senator Carona moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that SB 307 be taken up for consideration at this time:

SB 307, Relating to the postal service instructions for return service included on the exterior of an ad valorem tax bill.

The motion prevailed by the following vote: Yeas 31, Nays 0.

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

SENATE BILL 307 ON THIRD READING

Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 307 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 1.

Nays: Wentworth.

SB 307 was read third time and was passed by a viva voce vote.

(President in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 345 ON SECOND READING

Senator Bivins moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that CSSB 345 be taken up for consideration at this time:

CSSB 345, Relating to the formula funding and tuition charged for certain excess credit hours of undergraduate students attending institutions of higher education.

The motion prevailed by the following vote: Yeas 31, Nays 0.

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

COMMITTEE SUBSTITUTE

SENATE BILL 345 ON THIRD READING

Senator Bivins moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 345 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 1.

Nays: Wentworth.

CSSB 345 was read third time and was passed by the following vote: Yeas 31, Nays 0.

COMMITTEE SUBSTITUTE

SENATE JOINT RESOLUTION 15 ON SECOND READING

Senator Harris moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that CSSJR 15 be taken up for consideration at this time:

CSSJR 15, Proposing a constitutional amendment relating to transactions by an incapacitated person in connection with a homestead.

The motion prevailed by the following vote: Yeas 31, Nays 0.

The resolution was read second time.

Senator Harris offered the following amendment to the resolution:

Floor Amendment No. 1

Amend CSSJR 15, in SECTION 1, by striking the second sentence of Subsection (t) (Committee Printing page 1, lines 19 through 22).

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

On motion of Senator Harris and by unanimous consent, the caption was amended to conform to the body of the resolution as amended.

The resolution as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE JOINT RESOLUTION 15 ON THIRD READING

Senator Harris moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSJR 15 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 1.

Nays: Wentworth.

CSSJR 15 was read third time and was passed by the following vote: Yeas 31, Nays 0.

COMMITTEE SUBSTITUTE

SENATE BILL 18 ON SECOND READING

Senator Zaffirini moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that CSSB 18 be taken up for consideration at this time:

CSSB 18, Relating to the representation of the state by the attorney general in certain cases involving nursing facilities.

The motion prevailed by the following vote: Yeas 31, Nays 0.

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

COMMITTEE SUBSTITUTE

SENATE BILL 18 ON THIRD READING

Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 18 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 1.

Nays: Wentworth.

CSSB 18 was read third time and was passed by the following vote: Yeas 31, Nays 0.

SENATE BILL 97 ON SECOND READING

Senator Harris moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that SB 97 be taken up for consideration at this time:

SB 97, Relating to long-term care for public employees.

The motion prevailed by the following vote: Yeas 31, Nays 0.

The bill was read second time.

Senator Harris offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 97 as follows:

On page 4, line 16, strike "and assess charges against carriers and the premiums of enrollees".

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

Senator Shapleigh offered the following amendment to the bill:

Floor Amendment No. 2

Amend SB 97 in SECTION 1 of the bill, added Section 4(b), Article 3.50-2A, Insurance Code, as follows:

(1) At the end of Subdivision (7), strike "and".

(2) At the end of Subdivision (8), strike "." and substitute "; and".

(3) After Subdivision (8), add the following:

(9) members of the National Guard and their spouses, children, parents, and spouses' parents.

SHAPLEIGH

WENTWORTH

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

On motion of Senator Harris and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

The bill as amended was passed to engrossment by a viva voce vote.

SENATE BILL 97 ON THIRD READING

Senator Harris moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 97 be

placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 1.

Nays: Wentworth.

SB 97 was read third time and was passed by a viva voce vote.

SENATE BILL 109 ON SECOND READING

Senator Zaffirini moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that SB 109 be taken up for consideration at this time:

SB 109, Relating to reports of certain conduct or conditions in nursing homes and related institutions.

The motion prevailed by the following vote: Yeas 31, Nays 0.

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

SENATE BILL 109 ON THIRD READING

Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 109 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 1.

Nays: Wentworth.

SB 109 was read third time and was passed by the following vote: Yeas 31, Nays 0.

MEMORIAL RESOLUTIONS

SR 251 - by Shapleigh: In memory of Morris Abraham Galatzan of El Paso.

SR 260 - by Shapleigh: In memory of Victor C. Castillo of El Paso.

SR 262 - by Luna: In memory of Sylvia Gloria Larralde.

SR 266 - by Barrientos: In memory of the life of Captain Norman Wilfred Scales of Austin.

CONGRATULATORY RESOLUTIONS

SR 252 - by Shapleigh: Congratulating Juanita S. McCray of El Paso.

SR 253 - by Shapleigh: Congratulating Barbara Perez of El Paso.

SR 254 - by Shapleigh: Congratulating Bob Osborne of El Paso.

SR 255 - by Shapleigh: Congratulating Joyce Edwards Feinberg of El Paso.

SR 256 - by Shapleigh: Congratulating Otis Hopkins of El Paso.

SR 257 - by Shapleigh: Congratulating Stan Roberts of El Paso.

SR 258 - by Shapleigh: Congratulating Patricia Esparza of El Paso.

SR 259 - by Shapleigh: Congratulating County Judge Charles W. "Chuck" Mattox of El Paso.

SR 263 - by Nixon: Congratulating Robert D. Spencer, Dorothy Jean Tigner, and Eddie L. Upshaw of Nacogdoches County.

SR 265 - by Barrientos: Congratulating Dr. Melvin P. Sikes of Austin.

SR 268 - by Bivins: Congratulating the Midland High School Bulldogs basketball team.

SR 269 - by Bivins: Congratulating the Midland Lee High School Rebels football team.

SR 270 - by Bivins: Congratulating Leo P. and Mary L. Keeney of Amarillo.

SR 271 - by Armbrister: Congratulating the members of the Texas Retired Teachers Association.

MISCELLANEOUS RESOLUTIONS

SR 264 - by Armbrister: Recognizing February 24, 1999, as State Trucking and Moving Day.

SR 272 - by Ratliff, Brown, Lindsay: Proclaiming the week of February 21-27, 1999, as National Engineers Week in Texas.

ADJOURNMENT

On motion of Senator Truan, the Senate at 2:55 p.m. adjourned, in memory of Miguel Serrato of Galveston, father-in-law of Senator Barrientos, and Sarah Elisabeth Worley of Del Rio, until 10:00 a.m. tomorrow.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

February 22, 1999

NATURAL RESOURCES - CSSB 133

HEALTH SERVICES - CSSB 99, CSSB 122, CSSB 261

STATE AFFAIRS - SB 356, SB 408

INTERGOVERNMENTAL RELATIONS - SB 203 (Amended), CSSB 269, CSSB 212

BORDER AFFAIRS - SB 201

FINANCE - CSSB 148, CSSB 472

STATE AFFAIRS - CSSB 60, SB 191 (Amended), SB 223 (Amended), CSSB 100

CRIMINAL JUSTICE - SB 187 (Amended), CSSB 383, SB 70, SB 46 (Amended)