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, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire, Zaffirini.

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

The Reverend Dr. Roger A. Paynter, Senior Pastor, First Baptist Church, Austin, offered the invocation as follows:

All of us spend an inordinate amount of time, O God, working on what we can make of ourselves rather than focusing on what You can make of us.

Here in this Chamber, O God, where calculation drives the day and strategy abounds and political implications weigh on every decision, help these women and men to push beyond these expectations, to not sell themselves or their callings short, to risk big actions for good ideas, to remember that the world is too dangerous for anything but truth and too small for anything but compassion.

May Your purposes be championed and the greater common good be served. Hear this our prayer, O God of us all. 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.

CO-AUTHOR OF SENATE BILL 7

On motion of Senator Sibley and by unanimous consent, Senator Lucio will be shown as Co-author of SB 7.

CO-AUTHOR OF SENATE BILL 22

On motion of Senator Nelson and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 22.

CO-AUTHORS OF SENATE BILL 23

On motion of Senator Nelson and by unanimous consent, Senators Bernsen and Lucio will be shown as Co-authors of SB 23.

CO-AUTHOR OF SENATE BILL 24

On motion of Senator Nelson and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 24.

CO-AUTHORS OF SENATE BILL 50

On motion of Senator Nelson and by unanimous consent, Senators Bernsen and Lucio will be shown as Co-authors of SB 50.

CO-AUTHORS OF SENATE BILL 58

On motion of Senator Haywood and by unanimous consent, Senators Harris and Madla will be shown as Co-authors of SB 58.

CO-AUTHORS OF SENATE BILL 86

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

CO-AUTHOR OF SENATE BILL 260

On motion of Senator Bivins and by unanimous consent, Senator Wentworth will be shown as Co-author of SB 260.

CO-AUTHOR OF SENATE BILL 330

On motion of Senator Barrientos and by unanimous consent, Senator Luna will be shown as Co-author of SB 330.

CO-AUTHOR OF SENATE BILL 458

On motion of Senator Moncrief and by unanimous consent, Senator Wentworth will be shown as Co-author of SB 458.

CO-AUTHOR OF SENATE BILL 461

On motion of Senator Nelson and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 461.

CO-AUTHOR OF SENATE BILL 549

On motion of Senator Haywood and by unanimous consent, Senator Harris will be shown as Co-author of SB 549.

CO-AUTHOR OF SENATE BILL 588

On motion of Senator Nelson and by unanimous consent, Senator Lucio will be shown as Co-author of SB 588.

CO-AUTHOR OF SENATE BILL 591

On motion of Senator Shapiro and by unanimous consent, Senator Ellis will be shown as Co-author of SB 591.

CO-AUTHOR OF SENATE BILL 592

On motion of Senator Shapiro and by unanimous consent, Senator Ellis will be shown as Co-author of SB 592.

CO-AUTHOR OF SENATE BILL 593

On motion of Senator Shapiro and by unanimous consent, Senator Ellis will be shown as Co-author of SB 593.

CO-AUTHOR OF SENATE BILL 679

On motion of Senator Shapiro and by unanimous consent, Senator Shapleigh will be shown as Co-author of SB 679.

CO-AUTHOR OF SENATE BILL 710

On motion of Senator Wentworth and by unanimous consent, Senator Ogden will be shown as Co-author of SB 710.

CO-AUTHOR OF SENATE JOINT RESOLUTION 6

On motion of Senator Nelson and by unanimous consent, Senator Harris will be shown as Co-author of SJR 6.

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.

SENATE RESOLUTION 314

Senator West offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pride in recognizing the citizens of DeSoto on the occasion of the city's 50th anniversary of incorporation, which takes place March 3, 1999; and

WHEREAS, The City of DeSoto began as one of the oldest settlements in North Texas; in 1847, 11 years after Texas won its independence from Mexico, families began settling in the area, and in 1848, T. J. Johnson built a tiny general merchandise store near the "crossroads"; and

WHEREAS, A post office was established in 1881, and the settlement was given the name of DeSoto in honor of Dr. Thomas Hernando DeSoto Stewart, a beloved physician who was dedicated to the community; and

WHEREAS, Following World War II, the settlement began to grow, and the residents felt the need to incorporate to improve an inadequate water distribution system; an election to incorporate was held, and on March 3, 1949, the City of DeSoto was created; and

WHEREAS, The City of DeSoto became the 19th organized municipality in Dallas County and has been served by 17 mayors since its incorporation; and

WHEREAS, In celebration of the city's history and 50th anniversary, a reception has been planned for March 16, 1999, in which the city's founding citizens, longtime residents, and former elected officials will be honored; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby congratulate the citizens of DeSoto on their city's 50th anniversary and extend best wishes to them for a joyous anniversary celebration; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the City of DeSoto as a memento of this special event.

WEST

NELSON

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

GUESTS PRESENTED

Senator West, joined by Senator Nelson, was recognized and introduced to the Senate Mayor Richard Rozier and Mayor Pro Tempore Michael Hurtt of the City

of DeSoto.

The Senate welcomed its guests.

SENATE RESOLUTION 137

Senator Barrientos offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pleasure in recognizing Maria Guadalupe Ramos for her selection as the 1999 Bilingual Teacher of the Year by the National Association for Bilingual Education; and

WHEREAS, Sponsored by Scholastic, Incorporated, a leader in the publishing of educational materials, candidates are judged on the quality of their professional development, educational philosophy, performance, and community service; and

WHEREAS, Nominees are submitted by the states, and the award goes to a teacher who teaches prekindergarten through 12th grade, has demonstrated her ability to inspire limited-English proficient students from varied backgrounds to excel, and has distinguished herself as a leader; and

WHEREAS, A teacher of a multiage dual language class of first through third grades at Harris Elementary School, she is also the program administrator for the Reading One-One Tutorial Program at her school; and

WHEREAS, Serving on the Parent-Teacher Association and the School District Curriculum Council, Lupe Ramos has shown her devotion to her community by her actions; and

WHEREAS, One of the most inspiring things about her innovative approach to bilingual education is how well the different students in her classes relate to each other, even in different languages; they are excited about being bilingual and value each other's culture and abilities; and

WHEREAS, Recognized as an excellent instructor, Lupe Ramos is a veteran educator with 20 years of experience in the classroom; and

WHEREAS, An exceptionally resourceful and dedicated teacher, Lupe Ramos is an enthusiastic educator with a warm sense of humor who has distinguished herself in her profession; and

WHEREAS, Her students have greatly benefitted from her skillful teaching methods, her sincere concern for the individual, and her wise counsel and encouragement; and

WHEREAS, As recipient of this honor, Lupe Ramos received a professional development scholarship, an educational trip to Mexico, and a scholarship for study in Spain; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby commend Maria Guadalupe Ramos for her superb contributions to the educational system of Texas and extend best wishes to her for many rewarding years ahead; and, be it further

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

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 Thursday, February 4, 1999.

(Senator Ratliff in Chair)

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate Maria Guadalupe Ramos, Harris Elementary School in Austin bilingual teacher and National Association for Bilingual Education 1999 Bilingual Teacher of the Year; Sheila Guzman, Harris Elementary School Principal; Della May Moore, Director of Bilingual Education Programs, Austin Independent School District; Rudy Montoya, Jr., Member, Austin Independent School District Board of Trustees; Dr. Glenn Nolly, Area Superintendent, Austin Independent School District; Lorraine Camacho, Metz Elementary School area resident; Maria Siedner, Texas Education Agency; and students from Ms. Ramos' class at Harris Elementary School.

The Senate welcomed its guests.

SENATE RESOLUTION 330

Senator Jackson offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pride in recognizing Clyde Winford West on the grand occasion of his 90th birthday on March 11, 1999; and

WHEREAS, Born March 11, 1909, in Centralia, Texas, Clyde was one of seven siblings born to William Jackson West and Minnie Melinda Chandler; he was educated in the Groveton public schools and finished his formal education in 1927; he married Dema Hester Moore on December 23, 1933; and

WHEREAS, Affectionately known as "Bull" and "Boo Tator" to his family and friends, Clyde was dedicated to his work as a carpenter and moved to Houston in 1941 to work in the shipyards; he moved to Pasadena the following year and became well known for the many churches he built; he also worked on Jones Hall in the Houston theater district; and

WHEREAS, Clyde and Dema were blessed with four children, Betty Lamb, Quincey James, Judge David West, and Dean West, and they recently celebrated their 65th wedding anniversary; they also have 12 grandchildren, 21 great-grandchildren, and three great-great-grandchildren; and

WHEREAS, A devout Christian and a leader in his community, Clyde is a member of First Baptist Church in Pasadena, where he still serves as a deacon and is a regular host at the men's Bible Luncheon held every Tuesday; he is a regular attendee at many of the Pasadena City Council meetings and is a member of the Pasadena Kiwanis Club; and

WHEREAS, Clyde West is an exemplary and distinguished gentleman who lives his life to the fullest, and he is a source of strength, support, and joy to his family and many friends; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby send congratulations to Clyde West on the joyous occasion of his 90th birthday and best wishes for the coming year; and, be it further

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

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

GUESTS PRESENTED

Senator Jackson was recognized and introduced to the Senate Judge David West of Pasadena and his son, Blake, who are family members of Clyde Winford West.

The Senate welcomed its guests.

CAPITOL PHYSICIAN

The "Doctor for the Day," Dr. Mark Sanders of Sugar Land, accompanied by his wife, Ami, was introduced to the Senate by Senator Brown.

The Senate expressed appreciation and gratitude to Dr. Sanders for participating in the "Capitol Physician" program sponsored by the Texas Academy of Family Physicians.

(President in Chair)

SENATE RESOLUTION 333

Senator Ogden offered the following resolution:

WHEREAS, On March 3, 1999, many proud residents of the city of Corsicana and Navarro County will gather in Austin to celebrate Corsicana/Navarro County Day at the State Capitol, and this festive event provides a fitting opportunity to extol the area's many virtues; and

WHEREAS, Navarro County encompasses more than 1,000 square miles of gently rolling prairie and woodland and is a rich repository of both abundant natural resources and colorful Texas history; originally inhabited by Native American tribes, including Iones, Kickapoos, and Comanches, the county was founded in 1846, and the cotton, tobacco, and produce crops that covered the area quickly established it as a center for agricultural trade; and

WHEREAS, In 1894, while drilling for water, city workers in Corsicana accidently struck Texas crude, and petroleum replaced peaches and pecans as the region's preeminent export; since that time, manufacturing, construction, and food processing have also taken their places as mainstays of the local economy, and the area's many attributes continue to attract new industry and investment; and

WHEREAS, Residents of Navarro County revel in their multifaceted cultural heritage, and this appreciation of their roots is reflected in such area attractions as Corsicana's Pioneer Village, a historical re-creation of a 19th-century town; the Gaston C. Gooch Library, which houses a collection of more than 44,000 pieces of Native American art that is among the finest of its kind; and the Lefty Frizzell Country Music Museum, dedicated to the life and art of local hero and country music legend Lefty Frizzell; and

WHEREAS, The region is also a sportsman's paradise, boasting outstanding fishing and boating on Richland-Chambers Lake and Navarro Mills Lake, while less

athletically inclined visitors may sample the internationally famous Corsicana fruitcake that has been the pride of Collin Street Bakery for more than a century and is the only fruitcake ever to have been granted the prestigious Culinary Merit Award by the Gourmet Society of New York; and

WHEREAS, The county seat of Corsicana was founded in the mid-1800s by early settlers and was named for the Mediterranean island of Corsica, the ancestral home of Jose Antonio Navarro, a hero of the Texas Revolution for whom Navarro County is named; the town sprang up around the McKinney Inn, which was established in 1849 by Hampton McKinney of Illinois, who operated the area's first post office from the structure; and

WHEREAS, Following the discovery of oil in the city, one of the state's first oil refineries was established in Corsicana in 1897, and in keeping with its reputation as a bold and innovative community, the city later pioneered the use of natural gas as an energy source for fuel and lighting and the use of crude oil for locomotive fuel; and

WHEREAS, Though the city is still a leading energy producer, the community's more than 24,000 industrious residents have created a diverse economy for themselves by developing the county seat into a major hub for the retail and wholesale trade of agricultural products grown throughout the fertile Blacklands region; the city also offers area residents outstanding educational opportunities as the site of Navarro College and serves as an important commercial center for industry and health care services; and

WHEREAS, Russell Stover Candies, Inc., will further sweeten the pot of the region's economy with its brand-new Corsicana manufacturing facility; the third-largest chocolate company in the United States, the confectioner will ultimately employ 600 people to produce an assortment of boxed chocolates and seasonal items; and

WHEREAS, Navarro County and the city of Corsicana are renowned for their dynamic and forward-thinking citizenry, and even as these notable Texans look with justifiable pride on the region's past, they are eager to embrace the challenges and opportunities of the years to come; now, therefore, be it

RESOLVED, That the Senate of the 76th Texas Legislature hereby recognize March 3, 1999, as Corsicana/Navarro County Day at the State Capitol and extend a warm welcome to the members of the delegation visiting on this day; and, be it further

RESOLVED, That an official copy of this resolution be prepared for the members of the Corsicana/Navarro County delegation as an expression of high regard by the Texas Senate.

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

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate a delegation of citizens from the City of Corsicana and Navarro County.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Cain, joined by Senator Carona, was recognized and introduced to the Senate guests from the City of Seagoville: Mayor Calvin Travers; Chamber of

Commerce President Neal Wooley; Council Member Toady Bearden; George Williams, former Council Member and Dallas Independent School District Trustee; I. D. Smith, Police Chief; Sam Pratt, Warden, Federal Correctional Institution; Phil Kloster, City Manager; and Robin Gattis and Betty Martinez, teachers at Seagoville Elementary School.

The Senate welcomed its guests.

(Senator Lindsay in Chair)

GUESTS PRESENTED

Senator Armbrister was recognized and introduced to the Senate Dr. Jerome Supple, President of Southwest Texas State University; Lamar Urbanovsky, Texas State University System Chancellor; Pollyanna Stephens, Board of Regents Chair; Elizabeth T. Nash, former Chair; Thomas M. Moeller, John P. Hageman, Macedonio Villarreal, Nancy Neal, and Craig H. Vittitoe, Members, Board of Regents; Ann-Marie Laustsen, President, Southwest Texas State University's Associated Student Government; Lunelle Anderson, Chair, Capitol Celebration Committee; and other faculty, staff, students, and alumni.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Jackson was recognized and introduced to the Senate Texas A&M University Chancellor Student Advisory Board Members and Board Chair Greg Garcia.

The Senate welcomed its guests.

(President in Chair)

SENATE BILL 51 REREFERRED

Senator Nelson submitted a Motion In Writing requesting that SB 51 be withdrawn from the Committee on Human Services and rereferred to the Committee on Health Services.

The Motion In Writing prevailed without objection.

SENATE BILL 64 REREFERRED

Senator Nelson submitted a Motion In Writing requesting that SB 64 be withdrawn from the Committee on Human Services and rereferred to the Committee on Health Services.

The Motion In Writing prevailed without objection.

GUESTS PRESENTED

The President introduced to the Senate former Senator Glenn H. Kothmann of San Antonio.

The Senate welcomed Senator Kothmann.

(Senator Ellis in Chair)

SENATE RESOLUTION 310

Senator Brown offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pleasure in joining the residents of Fort Bend County in declaring Wednesday, March 3, 1999, as Fort Bend County Day; and

WHEREAS, Fort Bend County was named in honor of the old Fort Bend, a frontier outpost established on a bend of the Brazos River in 1821; and

WHEREAS, Created in 1837, the county was a major settlement site for Stephen F. Austin's first colony of settlers, the Old Three Hundred, who farmed land and established homes along the Brazos River and the Oyster Creek area; and

WHEREAS, Fort Bend County is a popular area for fishing, hunting, and vacationing; yet it has recently been named the number two location in the United States for manufacturing by the National Association of Corporate Real Estate Executives; and

WHEREAS, Fort Bend County is currently gaining national recognition for its quality of human resources, amazing growth, and economic vibrance; the county enjoyed the second fastest population growth of any United States county through the first half of the nineties; and

WHEREAS, The county is leading the state in job creation at three times the state average for new manufacturing jobs, and American Demographics named Fort Bend County the nation's third best address for managerial and professional workers; and

WHEREAS, Fort Bend County residents have an award-winning school system and a strong economy, and they provide much of the state's rice, corn, and nursery crops; and

WHEREAS, While Fort Bend County offers the opportunities generated by fast growing communities, its natural beauty and rural charm have been retained, and the residents of Fort Bend County deserve to be proud of their efforts and planning; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby extend best wishes to the people of Fort Bend County for a joyous and celebratory Fort Bend County Day; and, be it further

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

BROWN

ARMBRISTER

ELLIS

The resolution was again read.

On motion of Senator Armbrister 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, March 1, 1999.

GUESTS PRESENTED

Senator Brown, joined by Senators Ellis and Armbrister, was recognized and introduced to the Senate a delegation of citizens from Fort Bend County, accompanied by Fred Hartman, Chair, Rosenberg-Richmond Area Chamber of Commerce, and Doug Goff, Chair, Fort Bend Chamber of Commerce.

The Senate welcomed its guests.

(Senator Ratliff in Chair)

RESOLUTIONS SIGNED

The Presiding Officer announced the signing of the following enrolled resolutions in the presence of the Senate: HCR 46, HCR 107.

(President in Chair)

CONCLUSION OF MORNING CALL

The President at 11:02 a.m. announced the conclusion of morning call.

COMMITTEE SUBSTITUTE

SENATE BILL 86 ON THIRD READING

On motion of Senator Nelson and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its third reading and final passage:

CSSB 86, Relating to the protection of telecommunications and electric services customers; providing penalties.

The bill was read third time.

Senator Nelson offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 86 in SECTION 3 by striking Section 17.157 and substituting a new Section 17.157 to read as follows:

Sec. 17.157. DISPUTES. (a) The commission is authorized to resolve disputes between a retail customer and a billing utility, service provider, telecommunications utility, retail electric provider, or electric utility.

(b) In exercising its authority under Subsection (a), the commission may:

(1) order a billing utility, service provider, retail electric provider, or electric utility to produce information or records;

(2) require that all contracts, bills, and other communications from a billing utility, service provider, retail electric provider, or electric utility display a working toll-free telephone number that customers may call with complaints and inquiries;

(3) require a billing utility, service provider, retail electric provider, or electric utility to refund or credit overcharges or unauthorized charges with interest if the billing utility, service provider, retail electric provider, or electric utility has failed to comply with commission rules or a contract with the customer;

(4) order appropriate relief to ensure that a customer's choice of a telecommunications service provider, a retail electric provider, or an electric utility that encompasses a geographic area in which more than one provider has been certificated is honored;

(5) require the continuation of service to a residential or small commercial customer while a dispute is pending regarding charges the customer has alleged were unauthorized; and

(6) investigate an alleged violation.

(c) The commission shall adopt procedures for the resolution of disputes in a timely manner which in no event shall exceed 60 days.

On motion of Senator Nelson and by unanimous consent, the amendment was adopted by a viva voce vote.

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 86 by amending Section 17.005, to read as follows:

Sec. 17.005. PROTECTIONS FOR CUSTOMERS OF MUNICIPALLY OWNED UTILITIES. A municipally owned utility shall not be deemed to be a "service provider" or "billing agent" for purposes of Sections 17.156(b) and (e). For electric customers within a municipally owned utility's certificated service area or otherwise served through the distribution facilities, the governing body of a municipally owned utility shall adopt, implement, and enforce rules which shall have the effect of accomplishing the objectives set out in Sections 17.004(a) and (b) and 17.102. The governing body of a municipally owned utility or its designee shall have the authority and perform the dispute resolution function provided for by Section 17.157 for electric customers served within a municipally owned utility's certificated service area or otherwise served through its distribution facilities. With respect to electric customers served by a municipally owned utility outside its certificated service area or otherwise served through others' distribution facilities, after the legislature authorizes retail competition, the provisions of this chapter as administered by the commission shall apply. Nothing in this chapter shall be deemed to apply to a wholesale customer of a municipally owned utility.

On motion of Senator Armbrister and by unanimous consent, the amendment was read and was adopted by a viva voce vote.

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

CSSB 86 as again amended was finally passed by the following vote: Yeas 31, Nays 0.

SENATE BILL 260 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 SB 260 be taken up for consideration at this time:

SB 260, Relating to the expulsion of a public school student who assaults a school employee or volunteer.

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 260 as follows:

(1) In SECTION 1 of the bill (Committee Printing page 1, lines 11-12), strike "Subsection (b), Section 37.007, Education Code, is amended to read as follows:" and substitute "Subsections (b) and (d), Section 37.007, Education Code, are amended to read as follows:".

(2) In SECTION 1 of the bill, in amended Section 37.007, Education Code,

(Committee Printing page 1, between lines 32 and 33), add a new Subsection (d) to read as follows:

(d) A student shall be expelled if the student engages in conduct that contains the elements of any offense listed in Subsection (a), and may be expelled if the student engages in conduct that contains the elements of any offense listed in Subsection (b), against any employee or volunteer in retaliation for or as a result of the person's [employee's ] employment or association with a school district, without regard to whether the conduct occurs on or off of school property or while attending a school-sponsored or school-related activity on or off of school property.

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

On motion of Senator Bivins 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 260 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 SB 260 be placed on its third reading and final passage.

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

Nays: Wentworth.

SB 260 was read third time and was passed by the following vote: Yeas 31, Nays 0.

HOUSE CONCURRENT RESOLUTION 33

ON SECOND READING

Senator Wentworth moved to suspend the regular order of business to take up for consideration at this time on its second reading:

HCR 33, Granting permission to the YMCA Youth and Government Program to use the chambers of the senate and house of representatives, auditorium, and committee rooms on March 4-7, 1999, and on January 27-30, 2000.

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

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

COMMITTEE SUBSTITUTE

SENATE BILL 261 ON SECOND READING

Senator Moncrief 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 261 be taken up for consideration at this time:

CSSB 261, Relating to facilities and functions of facilities under the jurisdiction of the Texas Department of Mental Health and Mental Retardation.

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

The bill was read second time.

Senator Bernsen offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 261 by inserting the following appropriately numbered section:

SECTION _____. Subchapter B, Chapter 533, Health and Safety Code, is amended by adding Section 533.0345 to read as follows:

Sec. 533.0345. AUTHORITY TO TRANSFER SERVICES TO COMMUNITY CENTERS. The department may transfer operations of and services provided at the Amarillo State Center, Beaumont State Center, or Laredo State Center to a community center established under Chapter 534.

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

On motion of Senator Moncrief 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.

COMMITTEE SUBSTITUTE

SENATE BILL 261 ON THIRD READING

Senator Moncrief moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 261 be placed on its third reading and final passage.

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

Nays: Wentworth.

CSSB 261 was read third time and was passed by the following vote: Yeas 31, Nays 0.

(Senator Sibley in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 337 ON SECOND READING

Senator Madla 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 337 be taken up for consideration at this time:

CSSB 337, Relating to the distribution of the proceeds from a property tax sale.

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 337 ON THIRD READING

Senator Madla moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 337 be placed on its third reading and final passage.

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

Nays: Wentworth.

CSSB 337 was read third time and was passed by a viva voce vote.

GUESTS PRESENTED

Senator Truan was recognized and introduced to the Senate a group of students from Robert T. Wilson Elementary School in Corpus Christi, accompanied by their teachers, Joyce Meyer, Esmerelda Hernandez, Gwen Coffey, Barbara Lucas, and Maria Reeves, and their principal, Cathy Clark.

The Senate welcomed its guests.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

March 3, 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 3, Honoring Stephen J. "Tio" Kleberg for his lifetime achievements.

HCR 7, Honoring former State Representative Pete Patterson.

HCR 8, Honoring the Reverend Charles Lewis Jackson for his 30 years as pastor of Pleasant Grove Missionary Baptist Church.

HCR 100, Designating March 3, 1999, as Southwest Texas State University Day.

SCR 36, In memory of "Big" Ed Wilkes.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate a group of students from Bastrop High School in Bastrop, accompanied by their teacher.

The Senate welcomed its guests.

MOTION TO ADJOURN

On motion of Senator Truan and by unanimous consent, the Senate at 11:28 a.m. agreed to adjourn, upon completion of the introduction of bills and resolutions on first reading, until 10:00 a.m. tomorrow.

SENATE BILLS ON FIRST READING

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

SB 366 by Madla

Relating to the continuation and functions of the Advisory Commission on State Emergency Communications.

To Committee on Economic Development.

SB 766 by Brown

Relating to the issuance of certain permits for the emission of air contaminants.

To Committee on Natural Resources.

SB 767 by Brown

Relating to the treatment of a patient by a physical therapist without a referral from another licensed health care professional.

To Committee on Health Services.

SB 768 by Madla

Relating to the consolidation of emergency communication districts.

To Committee on Economic Development.

SB 769 by Madla

Relating to the creation of an advanced transportation district; authorizing the imposition of a local sales and use tax for advanced transportation and local development.

To Committee on Intergovernmental Relations.

SB 770 by Shapiro

Relating to state agency internal auditing.

To Committee on State Affairs.

SB 771 by Harris

Relating to the legal representation of county officials and employees by district and county attorneys.

To Committee on Jurisprudence.

SB 772 by Harris

Relating to exempting certain persons from requirements related to the sale, exchange, or lease-purchase of a manufactured home.

To Committee on State Affairs.

SB 773 by Nelson

Relating to the management of a community mental health center under certain circumstances.

To Committee on Health Services.

SB 774 by Lucio

Relating to payment of unemployment compensation tax contributions by certain employers engaged in agriculture.

To Subcommittee on Agriculture.

SB 775 by Bivins

Relating to the regulation of motor carriers.

To Subcommittee on Infrastructure.

SB 776 by Bivins

Relating to interest on judgments in certain civil actions.

To Subcommittee on Technology and Business Growth.

SB 777 by Bernsen

Relating to a requirement that litter prevention information be included in the curriculum of certain driver education and driving safety courses.

To Committee on Education.

SB 778 by Madla

Relating to the requirements for posting a bond by a county treasurer.

To Committee on Intergovernmental Relations.

SB 779 by Madla

Relating to the payment of ad valorem taxes by electronic funds transfer.

To Committee on Intergovernmental Relations.

SB 780 by Madla

Relating to the establishment of pharmacy peer review committees.

To Committee on Health Services.

SB 781 by Madla

Relating to contracts between health care providers and health care plans.

To Committee on Economic Development.

SB 782 by Nelson, Moncrief, Bernsen

Relating to disclosure requirements for certain information held by pharmacists, pharmacies, and pharmacy benefit managers.

To Committee on Health Services.

SB 783 by Moncrief

Relating to a franchise tax credit for wages paid to persons with certain disabilities.

To Committee on Finance.

SB 784 by Moncrief

Relating to establishing a procedure to prevent the fraudulent use of an individual's identification to frustrate proper law enforcement.

To Committee on Criminal Justice.

SB 785 by Wentworth

Relating to autopsy reports.

To Committee on State Affairs.

SB 786 by Harris, Moncrief, Brown, Cain, Gallegos, Lucio, Madla, Nixon, Shapiro, Sibley, Truan, Wentworth, Whitmire, Carona, Ellis, Lindsay, Nelson, Ratliff, Zaffirini, Haywood, Duncan, West

Relating to the Texas State History Museum.

To Committee on Administration.

SB 787 by Harris

Relating to the administrative adjudication of parking offenses at certain airports operated jointly by two municipalities.

To Committee on Jurisprudence.

SB 788 by Harris

Relating to the recusal or disqualification of a district judge.

To Committee on Jurisprudence.

SB 789 by Harris

Relating to a local option election for the sale of mixed beverages in restaurants.

To Committee on Economic Development.

SB 790 by Moncrief

Relating to certain hotel facilities.

To Committee on Intergovernmental Relations.

SB 791 by Nixon, Madla

Relating to specific information logo signs in certain counties.

To Committee on State Affairs.

SB 792 by Nixon

Relating to a requirement that a payor of the proceeds from the sale of gas produced from certain gas wells furnish certain information to the payee.

To Committee on Natural Resources.

SB 793 by Nixon

Relating to the ability of certain areas located within an area proposed for annexation to incorporate as a municipality.

To Committee on Intergovernmental Relations.

SB 794 by Ellis

Relating to the periodic review and expiration of state agency rules in coordination with the sunset review process and to certain other aspects of state agency rulemaking.

To Committee on State Affairs.

SB 795 by Ellis

Relating to the disposition of surplus and salvage property of certain institutions of higher education.

To Subcommittee on Higher Education.

SB 796 by Ellis

Relating to the transfer of the powers and duties of the secretary of state relating to corporations to the comptroller of public accounts.

To Committee on State Affairs.

SB 797 by Ellis

Relating to security services in certain court buildings.

To Committee on Intergovernmental Relations.

SB 798 by Ellis

Relating to an employee of a personal bond office administering oaths to or taking

an acknowledgment or proof of a written instrument from personal bond applicants.

To Committee on Jurisprudence.

SB 799 by Ellis

Relating to the administration and operation of a pretrial services office and to the imposition of certain fees and costs.

To Committee on Jurisprudence.

SB 800 by Ellis

Relating to the summer food service program.

To Committee on Human Services.

SB 801 by Ellis

Relating to electronic access to certain state agency information.

To Committee on State Affairs.

SB 802 by Ellis

Relating to the consideration of desalinization programs in local water planning.

To Committee on Natural Resources.

SB 803 by Ellis

Relating to the sale or lease of underused lands by the state.

To Committee on State Affairs.

SB 804 by Ellis

Relating to developing a standard format for protective orders.

To Committee on Criminal Justice.

SB 805 by Ellis

Relating to the investment of the higher education fund.

To Committee on Finance.

SB 806 by Ellis

Relating to the provision of medical care services to inmates confined by the Texas Department of Criminal Justice and to certain administrative matters pertaining to the provision of those services.

To Committee on Health Services.

SB 807 by Ellis

Relating to establishing a task force to identify ways to maximize federal reimbursements to counties.

To Committee on State Affairs.

SB 808 by Ellis

Relating to auditing and evaluating the deferred maintenance needs of state institutions of higher education.

To Committee on Education.

SB 818 by Shapleigh

Relating to a sales tax exemption for clothing bought in August.

To Committee on Finance.

MEMORIAL RESOLUTIONS

SR 322 - by Wentworth: In memory of Kathryn Madge Finigan Deres of San Antonio.

SR 323 - by Barrientos: In memory of Mary Lander Keever of Houston and Austin.

CONGRATULATORY RESOLUTIONS

SR 324 - by Ellis: Congratulating Helen Janette Hefner and James Scott Sheehan of Houston.

SR 325 - by Ellis: Congratulating Lois Jean Moore of Houston.

SR 326 - by Whitmire: Congratulating Ariel Rosado of Houston.

SR 328 - by Haywood: Celebrating the Sesquicentennial of Cooke County.

SR 329 - by Haywood, Nelson: Congratulating North Central Texas College in Gainesville.

SR 331 - by Gallegos: Congratulating Elvira Bernal of Houston.

MISCELLANEOUS RESOLUTIONS

SCR 41 - by Barrientos: Designating March 16, 1999, as Texas Retired Employees Association Day.

SR 334 - by Barrientos: Declaring March 9, 1999, as Parent Association for the Retarded of Texas Day.

HCR 100 - (Armbrister): Designating March 3, 1999, as Southwest Texas State University Day.

ADJOURNMENT

Pursuant to a previously adopted motion, the Senate at 11:35 a.m. adjourned until 10:00 a.m. tomorrow.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

March 3, 1999

JURISPRUDENCE - SB 391, SCR 24

HUMAN SERVICES - SB 343

INTERGOVERNMENTAL RELATIONS - SB 752