Thursday, March 4, 1999



	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. Senate Doorkeeper Don Long offered the invocation as follows: O God our Father, supreme architect of man's destiny, we bow before You in reverence as these Senators undertake the business of the State of Texas in this hour. We ask Your guidance in the deliberations in which they shall here accomplish. May the prosperity, ideals, and security of our state and country be futhered and safeguarded. May unity and harmony prevail in this Chamber and may all that is said and done here prosper the State of Texas, Your kingdom, and glorify Your holy name. God bless Lieutenant Governor Perry. 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 29 On motion of Senator Shapiro and by unanimous consent, Senator Harris will be shown as Co-author of SB 29. CO-AUTHOR OF SENATE BILL 525 On motion of Senator Luna and by unanimous consent, Senator Wentworth will be shown as Co-author of SB 525. CO-AUTHOR OF SENATE BILL 610 On motion of Senator Ogden and by unanimous consent, Senator Wentworth will be shown as Co-author of SB 610. CO-AUTHOR OF SENATE BILL 786 On motion of Senator Harris and by unanimous consent, Senator Moncrief will be shown as Co-author of SB 786.



	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 301 Senator Armbrister offered the following resolution: WHEREAS, The Senate of the State of Texas proudly recognizes the 1998-1999 Victoria High School cheerleaders and their coaches on earning first place at the National High School Cheerleading Championship in Orlando, Florida, on February 7, 1999; and WHEREAS, The Victoria High School cheerleaders earned their national championship title by competing against 73 cheerleading squads from across the United States and by receiving the highest score in their division; and WHEREAS, This talented cheerleading team previously won the state championship title at the Texas State Cheerleading Championship competition in Austin on January 23, 1999; and WHEREAS, Exhibiting perseverance and hard work throughout the year, Natalie Cole, Leah Green, Liz Lasater, Melissa Myers, Kendra Serold, Laurie Beck, Lindy Burns, Amy Reimann, Amber Clemmons, Sara Dickson, Courtney Horecka, Haley Kolle, Amanda Rodriguez, Karla Sterne, Melissa Keefe, Chelsie Luhn, and Sara Carville have worked diligently to support the sports teams at their school, and they deserve to be proud of their efforts and outstanding performance; and WHEREAS, They have devoted time and energy to practicing cheerleading routines and to physical conditioning regimens, and the admirable leadership of coaches Denise Neel and Terese Reese and the cheerleaders' disciplined schedules have been richly rewarded; and WHEREAS, The cheerleaders have also contributed to the Victoria community by participation in such activities as the Gulf Bend Mental Health and Mental Retardation Center Friendship Fest, Red Ribbon Week, and TAAS Week; and WHEREAS, This highly successful year is a tribute to the exceptional skills and the loyal enthusiasm the Victoria High School cheerleaders have consistently displayed; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby join the staff and students of Victoria High School in commending the cheerleaders and coaches for their splendid season, their support of the school teams, and their school spirit; and, be it further RESOLVED, That a copy of this Resolution be prepared for the Victoria High School cheerleaders as a token of esteem from the Texas Senate. The resolution was again read. The resolution was previously adopted on Monday, March 1, 1999.



	GUESTS PRESENTED Senator Armbrister was recognized and introduced to the Senate the National High School Cheerleading champions from Victoria High School: Natalie Cole, Leah Green, Liz Lasater, Melissa Myers, Kendra Serold, Laurie Beck, Lindy Burns, Amy Reimann, Amber Clemmons, Sara Dickson, Courtney Horecka, Haley Kolle, Amanda Rodriguez, Karla Sterne, Melissa Keefe, Chelsie Luhn, and Sara Carville; accompanied by their coaches, Denise Neel and Terese Reese. The Senate welcomed its guests. SENATE RESOLUTION 265 Senator Barrientos offered the following resolution: WHEREAS, The Senate of the State of Texas proudly joins citizens throughout the country in recognizing the month of February, 1999, as Black History Month; and WHEREAS, In keeping with the purpose of Black History Month, a ceremony was held on February 5, 1999, honoring Melvin P. Sikes and the late Norman Wilfred Scales, two members of the Tuskegee Airmen, a decorated and segregated group of African American fighter pilots and crews who were trained at Tuskegee, Alabama; and WHEREAS, The City of Austin saluted these two legendary pilots by flying 100 banners with pictures of Captain Scales and Lieutenant Sikes along Congress Avenue from the Capitol to the Colorado River; and WHEREAS, Born in Charleston, Missouri, Melvin Sikes attended high school in Indianapolis, Indiana; and WHEREAS, A second lieutenant in the United States Army Air Corps from 1943 through 1946, Melvin Sikes was first trained at Shepherd Field in Wichita Falls; and WHEREAS, That same year, he qualified to train at Tuskegee, Alabama, and he was the recipient of numerous conduct and gunnery awards during his service to his country; and WHEREAS, Dr. Sikes later became the Director of Veterans Counseling Service at the Tuskegee Institute; after relocating to Austin in the 1960s, he attended The University of Texas for postdoctoral study, and then became a professor, campus consultant, and program director; he practiced as a clinical psychologist and has retired in Austin; and WHEREAS, Achieving an outstanding record, the Tuskegee Airmen destroyed or damaged over 1,000 ground and sea targets and over 400 German aircraft; they demolished a destroyer with machine gun fire, and they were most famous for a perfect bomber escort record; not one bomber was lost to enemy fighters while under the group's protection during 200 missions; the cost was exorbitant, with 56 pilots killed in combat and 32 more shot down who became prisoners of war; truly our nation has cause to be grateful to these superb patriotic fighting men; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby congratulate Dr. Melvin P. Sikes for his outstanding service which benefitted the State of Texas and the United States of America and helped secure for all citizens the blessings of liberty; and, be it further RESOLVED, That a copy of this Resolution be prepared for Dr. Melvin P. Sikes as an expression of the highest respect and esteem of 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 Monday, February 22, 1999. GUEST PRESENTED Senator Barrientos was recognized and introduced to the Senate Dr. Melvin P. Sikes of Austin, former member of the Tuskegee Airmen. The Senate welcomed Dr. Sikes. (Senator Wentworth in Chair) CAPITOL PHYSICIAN Senator Luna was recognized and presented Dr. Michael Dominguez of San Antonio as the "Doctor for the Day." The Senate welcomed Dr. Dominguez and thanked him for his participation in the "Capitol Physician" program sponsored by the Texas Academy of Family Physicians. (President in Chair) SENATE RESOLUTION 327 Senator Ogden offered the following resolution: WHEREAS, The members of the Texas Senate are proud to join the citizens of Grimes County in the celebration of Grimes County Day at the State Capitol on March 4, 1999, and this festive event offers an ideal opportunity to recognize the county's many unique attributes; and WHEREAS, Located in Southeast Texas, Grimes County is the former home of the Bidai Indians and was created from Montgomery County by the 1st Texas Legislature in 1846; it was named in honor of Jesse Grimes, who was a notable colonist, a signer of the Texas Declaration of Independence, and a state senator from Montgomery County; and WHEREAS, Local property owner Henry Fanthorp donated the land for Anderson, the county seat, and the town was named in honor of Kenneth L. Anderson, the last vice president of the Republic of Texas; home to the Fanthorp Inn State Historical Park, which includes a historic log structure inn built in 1834, Anderson is now recognized on the National Register of Historic Places, as is downtown Navasota; and WHEREAS, The centerpiece of the Welsh-design courthouse square is the Grimes County Courthouse, an Edwardian-Victorian structure built in 1894 of hand-formed red bricks and rusticated native stone with a central wooden cupola; a dramatic chapter in the building's history occurred during the 1930s with the trial of a Clyde Barrow gang member; and WHEREAS, Grimes County's largest city, Navasota, was established by the Texas Legislature in 1866 and played a pivotal role in the economic success of the cotton plantations and farms along the Brazos and Navasota rivers; the city has functioned as the main railroad terminus and shipment center for a three-county area,



	and its attractions include the Horlock History Center and a statue honoring the French explorer La Salle, who traveled the area in the late 17th century; and WHEREAS, The Brazos and Navasota rivers enrich the soil of the rolling hills in Grimes County, which also boasts such recreational treasures as the Gibbons Creek Reservoir, Washington-on-the-Brazos State Park, where the Texas Declaration of Independence was signed, and Sam Houston National Forest, all drawing cards for hunters, anglers, and other outdoor sports enthusiasts; and WHEREAS, The region's continued prosperity in recent years has centered on agribusiness, manufacturing, and tourism; among the annual festivals and events that delight visitors to Grimes County are the Renaissance Festival in Plantersville, Texian Days in Anderson, Navasota Blues Festival, Grimes County Fair, Iola Hey Day, and Richards Founders Day; and WHEREAS, The continued popularity of Grimes County as a place to live, vacation, and explore Texas history is enhanced by the county's friendly residents and by its rich historic, natural, and cultural resources, and it is a pleasure to salute this fine Texas county at this time; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby recognize March 4, 1999, as Grimes County Day at the State Capitol and extend to those residents visiting on this day best wishes for a memorable trip to the Capital City; and, be it further RESOLVED, That an official copy of this Resolution be prepared for the Grimes County delegation 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 Ogden, the resolution was adopted by a viva voce vote. GUESTS PRESENTED Senator Ogden was recognized and introduced to the Senate a delegation of citizens from Grimes County. The Senate welcomed its guests. (Senator Wentworth in Chair) SENATE RESOLUTION 348 Senator Brown offered the following resolution: WHEREAS, The Senate of the State of Texas takes great pride in honoring Lieutenant Governor Rick Perry on the auspicious occasion of his birthday on March 4, 1999; and WHEREAS, A native Texan whose family has been here for five generations, Governor Perry grew to adulthood on his family's farm in Paint Creek, Texas; an Eagle Scout, he has remained active in the Boy Scouts of America; and WHEREAS, Rick Perry attended Texas A&M University, where he joined the Corps of Cadets and was a yell leader; and WHEREAS, Earning a degree in animal science, Governor Perry graduated from Texas A&M University in 1972 and joined the United States Air Force; and



	WHEREAS, While proudly serving his country, Rick Perry attained the rank of captain; after serving as a pilot of C-130 aircraft for four and one-half years, he returned home to join his father in the family farming and ranching operation; and WHEREAS, He married his childhood sweetheart, Anita Thigpen; the happy couple formed a strong and loving partnership and began a family; they are the proud parents of two children, Griffin and Sydney; and WHEREAS, Elected to the Texas House of Representatives in 1984, Rick Perry served on the powerful House Calendars and Appropriations committees; his excellence as a legislator was recognized by The Dallas Morning News in 1989, when the newspaper named him one of the most effective legislators of the 71st Legislature; and WHEREAS, Texans chose Rick Perry in 1990 as Commissioner of Agriculture, the first time in 40 years that an agri-businessman has been elected to that position of responsibility; he was reelected to that post in 1994 with a hefty 63 percent of the vote; and WHEREAS, Elected Lieutenant Governor in 1998, Rick Perry is the first Republican of this century to be selected for that office; and WHEREAS, Governor Perry and his family now live in Austin, where their two children go to public schools, and Governor and Mrs. Perry are members of Tarrytown Methodist Church; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby extend hearty congratulations to Lieutenant Governor Rick Perry on his 49th birthday and wish him great success in his future endeavors; and, be it further RESOLVED, That a copy of this Resolution be prepared for him as a memento of this grand occasion. The resolution was read. On motion of Senator Truan and by unanimous consent, the names of the Senators were added to the resolution as signers thereof. On motion of Senator Brown, the resolution was adopted by a viva voce vote. RESOLUTIONS SIGNED The Presiding Officer announced the signing of the following enrolled resolutions in the presence of the Senate: HCR 15, HCR 29, SCR 36. GUESTS PRESENTED Senator Zaffirini was recognized and introduced to the Senate students from the honors government class at Laredo Community College: Laura Marissa Arce, Ronnie Castro, Araceli Elizondo, Ediza Garcia, Ivan Gaxiola, Virginia Lynn Hathorn, Melissa Hernandez, Maria Leticia Inocencio, Teresita Lezama, Yessica Nunez, Daniela Alessandra Ochoa, Wendy L. Ornelas, Alvaro Perez, Marissa E. Perez, Nenetzin Angelica Reyes, Jesus Gerardo Sifuentes, Noemi Yvette Solis, and Mirna Vergara; accompanied by Ron Olson, Director of the honors programs, and Steve Lewis, instructor of the honors government class. The Senate welcomed its guests.



	(President in Chair) GUESTS PRESENTED Senator Barrientos was recognized and introduced to the Senate members of the Community Action Agency Workers of Texas. The Senate welcomed its guests. MOTION IN WRITING Senator Sibley submitted the following Motion In Writing: March 3, 1999 Mr. President: I move to suspend all necessary rules to require that in order to be eligible for consideration on second reading, all floor amendments to CSSB 7 must be filed with the Secretary of the Senate at least forty-eight (48) hours, excluding Saturday and Sunday, prior to the date and time the Senate convenes to take up and consider CSSB 7 on second reading. The author of CSSB 7 shall give each Senator at least seven (7) days notice in writing of the date upon which the author intends to seek recognition to suspend the rules to take up and consider the bill on second reading. Respectfully submitted, /s/David Sibley The Motion In Writing was adopted without objection. REPORT OF COMMITTEE ON NOMINATIONS Senator Wentworth submitted the following report from the Committee on Nominations: We, your Committee on Nominations, to which were referred the following appointments, have had same under consideration and report them back to the Senate with a recommendation that they be confirmed. Commissioner, Public Utility Commission of Texas: Brett Alan Perlman, Harris County. Member, Texas Transportation Commission: John W. Johnson, Harris County. Member, Texas Alcoholic Beverage Commission: John T. Steen, Jr., Bexar County. Member, Texas Higher Education Coordinating Board: Robert W. Shepard, Cameron County. Chair, Texas Higher Education Coordinating Board: Pamela Pitzer Willeford, Travis County. Vice-chair, Texas Higher Education Coordinating Board: Martin Basaldúa, M.D., Harris County. Members, State Commission on Judicial Conduct: Elizabeth "Dee" Greene Coats, Harris County; Gilbert M. Martinez, Travis County.



	Members, Texas Judicial Council: James R. Brickman, Dallas County; Joseph Alan Callier, Harris County; Diego Jesus Pena, Bexar County; Sharon Warfield Wilkes, Travis County. Members, University of Houston System Board of Regents: Suzette T. Caldwell, Fort Bend County; Theresa W. Chang, Harris County; George Eugene "Gene" McDavid, Harris County; Thad "Bo" Smith, Fort Bend County. Members, University of North Texas Board of Regents: Roy Gene Evans, Dallas County; George Whitfield Pepper, Tarrant County; Gayle W. Strange, Denton County; Martha Fuller Turner, Harris County. Members, Texas Commission of Licensing and Regulation: Gina Parker, McLennan County; Patricia P. Stout, Bexar County; Leopoldo R. Vasquez III, Harris County. Fire Fighters' Pension Commissioner: Morris E. Sandefer, Jr., Hardin County. Members, Texas Juvenile Probation Commission: Michael E. Cantrell, Dallas County; Mary Craft, Harris County; William E. Miller, Lubbock County; Byron K. Reed, Collin County. Members, Board of Pardons and Paroles: Paddy Lann Burwell, DeWitt County; Lafayette Collins, Williamson County; Linda Garcia, Harris County; James Paul Kiel, Jr., Smith County; Filiberto "Bert" Reyna, McLennan County; Lucinda "Cindy" Simons, Deaf Smith County. Members, Crime Stoppers Advisory Council: Vernon V. Cook, McLennan County; Janice C. Gillen, Fort Bend County; Juan F. Jorge, Harris County; Lennie C. Sims, Collingsworth County. Judge, 18th Judicial District Court, Johnson and Somervell counties: John Edward Neill, Johnson County. Presiding Judge, Third Administrative Judicial Region: B. B. Schraub, Guadalupe County. Presiding Judge, Fifth Administrative Judicial Region: Darrell Hester, Cameron County. Presiding Judge, Seventh Administrative Judicial Region: Morton Valdean Rucker II, Midland County. Presiding Judge, Ninth Administrative Judicial Region: Ray D. Anderson, Lubbock County. Members, Midwestern State University Board of Regents: Jaime Abraham Davidson, M.D., Dallas County; Carolyn Park, Tarrant County; Chaunce Olcott Thompson, Jr., Stephens County. Members, Texas State Technical College System Board of Regents: Bernie Francis, Denton County; Jere M. Lawrence, Nolan County; Amy Ruth Tschirhart, Comal County.



	(Senator Truan in Chair) NOTICE OF CONSIDERATION OF NOMINATIONS Senator Wentworth gave notice that he would on Monday, March 8, 1999, at the conclusion of morning call submit to the Senate for consideration nominations to agencies, boards, and commissions of the state. (President in Chair) GUESTS PRESENTED Senator Truan was recognized and introduced to the Senate a group of students from Moody High School in Corpus Christi, accompanied by their teachers. The Senate welcomed its guests. CONCLUSION OF MORNING CALL The President at 10:40 a.m. announced the conclusion of morning call. SENATE BILL 379 ON SECOND READING Senator Cain 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 379 be taken up for consideration at this time: SB 379, Relating to eligibility to serve on an appraisal review board. 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 379 ON THIRD READING Senator Cain moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 379 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 30, Nays 1. Nays: Wentworth. SB 379 was read third time and was passed by the following vote: Yeas 31, Nays 0. GUESTS PRESENTED Senator Fraser was recognized and introduced to the Senate a delegation of citizens from the City of Kingsland. The Senate welcomed its guests. SENATE BILL 216 ON SECOND READING Senator Duncan 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 216 be taken up for consideration at this time: SB 216, Relating to the disqualification of a person convicted of theft from selection or service as a grand juror. 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 216 ON THIRD READING Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 216 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 30, Nays 1. Nays: Wentworth. SB 216 was read third time and was passed by a viva voce vote. SENATE BILL 424 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 424 be taken up for consideration at this time: SB 424, Relating to the examination required for certification as a court reporter. 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 424 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 424 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 30, Nays 1. Nays: Wentworth. SB 424 was read third time and was passed by the following vote: Yeas 31, Nays 0. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas March 4, 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 55, Honoring Sam F. Collins on his retirement from the Sabine River Authority of Texas.



	HCR 81, Congratulating the Sabine River Authority of Texas for 50 years of service. Respectfully, /s/Sharon Carter, Chief Clerk House of Representatives GUESTS PRESENTED Senator Barrientos was recognized and introduced to the Senate students from the Good Shepherd Lutheran School of Austin kindergarten class, accompanied by their teachers, Ms. Freeman and Ms. Gleitman. The Senate welcomed its guests. SENATE BILL 217 ON SECOND READING Senator Duncan 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 217 be taken up for consideration at this time: SB 217, Relating to the exemption of certain persons from grand jury service. 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 217 ON THIRD READING Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 217 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 30, Nays 1. Nays: Wentworth. SB 217 was read third time and was passed by a viva voce vote. (Senator Lucio in Chair) HOUSE CONCURRENT RESOLUTION 55 The Presiding Officer laid before the Senate the following resolution: HCR 55, Honoring Sam F. Collins on his retirement from the Sabine River Authority of Texas. BERNSEN The resolution was read. On motion of Senator Bernsen and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote. GUESTS PRESENTED Senator Bernsen was recognized and introduced to the Senate Sam F. Collins and his wife, Sue. The Senate welcomed Mr. and Mrs. Collins.



	GUESTS PRESENTED Senator Harris was recognized and introduced to the Senate a group of seventh-grade students from Pantego Christian Academy in Arlington. The Senate welcomed its guests. GUESTS PRESENTED Senator Fraser was recognized and introduced to the Senate a group of fourth-grade students from Rogers Elementary School in Rogers. The Senate welcomed its guests. HOUSE CONCURRENT RESOLUTION 81 The Presiding Officer laid before the Senate the following resolution: HCR 81, Congratulating the Sabine River Authority of Texas for 50 years of service. BERNSEN The resolution was read. On motion of Senator Bernsen and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote. GUESTS PRESENTED Senator Bernsen was recognized and introduced to the Senate representatives of the Sabine River Authority. The Senate welcomed its guests. HOUSE CONCURRENT RESOLUTION 3 The Presiding Officer, Senator Lucio in Chair, laid before the Senate the following resolution: HCR 3, Honoring Stephen J. "Tio" Kleberg for his lifetime achievements. TRUAN The resolution was read. On motion of Senator Truan and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote. SENATE RULE 11.18 SUSPENDED (Posting Rule) On motion of Senator Ratliff and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Finance might consider SB 818 today. MOTION TO ADJOURN On motion of Senator Truan and by unanimous consent, the Senate at 11:23 a.m. agreed to adjourn, upon completion of the introduction of bills and resolutions on first reading, until 1:30 p.m. Monday, March 8, 1999.



	SENATE BILLS AND RESOLUTIONS ON FIRST READING The following bills and resolutions were introduced, read first time, and referred to the committees indicated: SB 10 by Bivins Relating to the creation of a public education scholarship program for certain educationally disadvantaged children in certain school districts. To Committee on Education. SB 367 by Brown Relating to the continuation and functions of the Texas Board and Department of Health, including the operation of certain boards and councils administratively attached to the department; providing administrative penalties. To Committee on Health Services. SB 368 by Harris Relating to court-ordered child support, including the child support enforcement functions of the Office of the Attorney General and the sunset review of those functions. To Committee on Jurisprudence. SB 369 by Zaffirini Relating to the continuation and functions of the Texas Department of Human Services. To Committee on Human Services. SB 809 by Barrientos Relating to the establishment and use of the educationally or economically disadvantaged student recruitment and retention fund; making an appropriation. To Committee on Finance. SB 810 by Barrientos Relating to the disposition of savings resulting from a state agency's reduction in workforce or privatization of a function. To Committee on Finance. SB 811 by Barrientos Relating to establishing the Texas Commission on Participation in Education. To Committee on Education. SB 812 by Brown Relating to the recovery by the Railroad Commission of Texas of well plugging and oil field cleanup costs incurred by the commission. To Committee on Natural Resources. SB 813 by Brown Relating to the lien of the Railroad Commission of Texas on well-site equipment to secure the cost of plugging an oil or gas well. To Committee on Natural Resources. SB 814 by Brown Relating to the reimbursement of the Railroad Commission of Texas for costs incurred by the commission in relation to violations relating to safety or the prevention or control of pollution. To Committee on Natural Resources.



	SB 815 by Brown Relating to the imposition of an administrative penalty by the Railroad Commission of Texas for taking certain actions regarding false applications, reports, and documents and for tampering with gauges. To Committee on Natural Resources. SB 816 by Brown Relating to certain transactions by a gas utility. To Committee on Natural Resources. SB 817 by Brown Relating to certain ballot security procedures. To Committee on State Affairs. SB 819 by Shapleigh Relating to one-day suspensions of the sales and use tax. To Committee on Finance. SB 820 by Harris Relating to the compensatory education allotment. To Committee on Education. SB 821 by Armbrister Relating to the authority of a county to operate a water or sewer utility system; granting the power of eminent domain. To Committee on Natural Resources. SB 822 by Gallegos Relating to the enforcement of law relating to automobile wrecking and salvage yards. To Committee on Intergovernmental Relations. SB 823 by Gallegos Relating to contracts for the replacement or repair of equipment or a part of a school facility. To Committee on Education. SB 824 by Gallegos Relating to tax increment investment financing and the powers of a municipality. To Committee on Intergovernmental Relations. SB 825 by Zaffirini Relating to county restriction on the use of aerial fireworks during drought conditions. To Committee on Intergovernmental Relations. SB 826 by Lindsay Relating to the carrying of a handgun onto the premises of a church, synagogue, or other established place of worship by a concealed handgun license holder. To Committee on State Affairs. SB 827 by Shapleigh Relating to the fees paid by defendants in certain cases. To Committee on Jurisprudence.



	SB 828 by Shapleigh Relating to supplemental environmental projects undertaken in lieu of certain penalties. To Committee on Natural Resources. SB 829 by Madla Relating to courses offered by a public junior college for joint high school and junior college credit. To Committee on Education. SB 830 by Madla Relating to billing policies of certain health care professionals and facilities; providing administrative penalties. To Committee on Health Services. SB 831 by Bernsen Relating to parental notification of the employment of an inappropriately certified or uncertified teacher. To Committee on Education. SB 832 by Bernsen Relating to restricting the employment of teachers who lack appropriate certification. To Committee on Education. SB 833 by Cain Relating to the authority of certain counties to regulate public nuisances. To Committee on Intergovernmental Relations. SB 834 by Cain Relating to including memorial signs in the Adopt-a-Highway program. To Subcommittee on Infrastructure. SB 835 by Whitmire Relating to an exemption from regulation under the Private Investigators and Private Security Agencies Act for certain peace officers. To Committee on Criminal Justice. SB 836 by Duncan, Bivins Relating to the speed limits for certain buses used to transport students to school activities. To Committee on Education. SB 837 by Wentworth Relating to the reapportionment of state legislative, congressional, and judicial districts and the creation, function, and duties of the Texas Redistricting Commission. To Committee on State Affairs. SB 838 by Wentworth Relating to service credit in the Judicial Retirement System of Texas Plan One or the Judicial Retirement System of Texas Plan Two. To Committee on State Affairs.



	SB 839 by West Relating to security bars on residential dwellings. To Committee on State Affairs. SB 840 by West Relating to the automatic expunction of certain arrest records. To Committee on Criminal Justice. SB 841 by Harris Relating to the jurisdiction of municipal courts in certain criminal cases, punishable only by a fine, that arise under the rules, orders, and resolutions of a joint airport board. To Committee on Jurisprudence. SB 842 by Carona Relating to the regulation of air conditioning and refrigeration contractors; providing penalties. To Committee on Economic Development. SB 843 by Carona Relating to the authority of certain municipalities to receive sales tax information. To Committee on Intergovernmental Relations. SB 844 by Carona Relating to the enforcement of weight limits for motor vehicles by weight enforcement officers. To Committee on Intergovernmental Relations. SB 845 by Carona Relating to disposal of certain motor vehicles. To Committee on State Affairs. SB 846 by Carona Relating to certain fees and penalties applicable to the regulation of barbers. To Committee on State Affairs. SCR 38 by Shapleigh, Duncan Showing the Legislature's support for the renewal of the McGregor Range Military Land Withdrawal (P.L. 99-606). To Committee on Veteran Affairs and Military Installations. SCR 39 by Shapleigh Encouraging Texas colleges and universities to apply existing research resources to finding new affordable solutions to address water scarcity and quality problems, including salinity and fecal coliform, in the Rio Grande. To Committee on Natural Resources. SCR 40 by Shapleigh Requesting the lieutenant governor and speaker to initiate joint sessions with legislators of bordering Mexican states to establish communications on issues pertinent to the region. To Committee on Border Affairs - Special.



	SCR 42 by Luna, Zaffirini Recognizing the Centro Alameda/Centro de Artes Latino Museum as the official Texas State Latino Museum. To Committee on Administration. SJR 26 by Ratliff, Wentworth Proposing a constitutional amendment relating to compensation for state employees serving as members of local governing boards. To Committee on State Affairs. SJR 27 by Wentworth, Moncrief Proposing a constitutional amendment to create the Texas Redistricting Commission to establish legislative and congressional districts and to revise the constitutional redistricting provisions. To Committee on State Affairs. (Senator Wentworth in Chair) MEMORIAL RESOLUTION SR 347 - by Lucio: In memory of Praxedis Orive, Jr., of Brownsville. CONGRATULATORY RESOLUTIONS SR 336 - by Cain: Congratulating Travis Richards of Terrell. SR 337 - by Cain: Congratulating Ben and Velma Tonick of Dallas. SR 338 - by Haywood: Congratulating Larry David Carroll of Jacksboro. SR 341 - by Moncrief: Congratulating Forrest M. Markward of Fort Worth. SR 342 - by Moncrief: Congratulating the Foundation of Women's Resources, the City of Dallas, and the National Trust for Historic Preservation. SR 343 - by Zaffirini: Congratulating the Laredo Commission for Women and its Laredo Women's Hall of Fame. SR 344 - by Cain, Carona: Congratulating HomeBank in Seagoville and East Dallas. SR 346 - by Cain: Congratulating the citizens of Fannin County. SR 349 - by Cain, Carona: Congratulating Johnathan Colby McMahon of Rockwall. HCR 7 - (Ratliff): Honoring former State Representive Pete Patterson. HCR 8 - (Ellis): Honoring the Reverend Charles Lewis Jackson for his 30 years as pastor of Pleasant Grove Missionary Baptist Church. HCR 93 - (Madla): Congratulating Ricardo Romo on his appointment as president of The University of Texas at San Antonio. MISCELLANEOUS RESOLUTION SR 345 - by Cain: Declaring March 10, 1999, Hunt County Day at the State Capitol.



	ADJOURNMENT Pursuant to a previously adopted motion, the Senate at 11:30 a.m. adjourned, in memory of the life of Captain Norman Wilfred Scales of Austin and in memory of Carole Kent Kneeland of Austin and former First Lady Ima Mae Smith of Lubbock, until 1:30 p.m. Monday, March 8, 1999. APPENDIX COMMITTEE REPORTS The following committee reports were received by the Senate: March 4, 1999 VETERAN AFFAIRS AND MILITARY INSTALLATIONS - SCR 34 (Amended), SB 606 (Amended), SB 607 (Amended), SB 640, SB 641 HEALTH SERVICES - SB 556, SB 310, SB 314, CSSB 93 ECONOMIC DEVELOPMENT - SB 334, SB 335, SB 393, CSSB 394, SB 517 HEALTH SERVICES - CSSB 44 HUMAN SERVICES - SB 468 (Amended), CSSB 11 NATURAL RESOURCES - SB 658, CSSB 657, SB 509, SB 463, SB 305, SB 287, CSSB 272, SB 142 INTERGOVERNMENTAL RELATIONS - CSSB 327, SB 158, SB 395, SB 446, SB 454, SB 589, SB 611, SB 612, SB 732, CSSB 79 EDUCATION - SB 116, SB 315, SB 476 SIGNED BY GOVERNOR March 3, 1999 SCR 32 SENT TO GOVERNOR March 4, 1999 SCR 36



	In Memory of Norman Wilfred Scales Senator Barrientos offered the following resolution: (Senate Resolution 266) WHEREAS, During Black History Month, the Texas Senate is especially proud to remember the late Captain Norman Wilfred Scales as one of the daring young Tuskegee airmen who were heroes in World War II and selflessly served their country in its time of need; and WHEREAS, Captain Norman Scales grew up in Austin, Texas, and graduated from Tillotson College before joining the United States Army; he was assigned to the Air Corps for training and was the first Black pilot commissioned as a second lieutenant from Austin; and WHEREAS, Tuskegee, Alabama, was the site of his training with the segregated squadron of 926 airmen who became renowned for racking up the incredible record of disabling or destroying 400 German aircraft, as well as at least 1,000 ground and sea targets; most remarkable of all, these intrepid fighter pilots managed to achieve this record without the loss of a single bomber under their protection in the 200 missions that they flew; and WHEREAS, Because of his valor while flying 70 missions over enemy territory, Captain Scales was awarded the Distinguished Flying Cross, along with other medals, and received an honorable discharge from the Air Force Reserve in 1963; and WHEREAS, In recognition of Black History Month in Austin, the city honored Captain Norman Scales and Lieutenant Melvin Sikes, both Austin members of the Tuskegee Airmen, by flying 100 banners bearing their pictures along Congress Avenue from the State Capitol Building to the Colorado River; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby pay tribute to the memory of Captain Norman Wilfred Scales for his impressive service to his country in World War II; and, be it further RESOLVED, That a copy of this Resolution be prepared for the family of Captain Scales to commemorate his acts of heroism and as an expression of high regard and 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 Monday, February 22, 1999.



	Senator Barrientos was recognized and introduced to the Senate Mrs. Lydia Scales, wife of Captain Norman Scales of the Tuskegee Airmen. The Senate welcomed Mrs. Scales.



	In Memory of Carole Kent Kneeland Senator Barrientos offered the following resolution: (Senate Resolution 339) WHEREAS, The family and many friends of journalist Carole Kneeland were greatly saddened by her passing on January 26, 1998, and the Texas Senate joins them in mourning their loss; and WHEREAS, A Phi Beta Kappa graduate of the University of Washington, Carole Kneeland was drawn to the profession of journalism from a young age, and in 1971 she took her first job in the field, as a radio newscaster for Houston's KAUM-FM; and WHEREAS, In 1974, she joined KPRC-TV as a correspondent, and although television journalism was at that time dominated by men, she successfully challenged the attitudes of the era by lobbying for and eventually receiving "hard news" assignments; and WHEREAS, Her gifts as a journalist were increasingly evident to her professional peers across the state, and in 1976 she moved to Corpus Christi, where she anchored a weekly newsmagazine for KEDT-TV and wrote for the Corpus Christi Caller-Times; and WHEREAS, In 1978, she became Austin bureau chief for WFAA-TV in Dallas, and in 1989 she joined Austin's KVUE-TV as news director, becoming the station's vice president of news in 1996; and WHEREAS, Her innovative initiatives at KVUE included a "truth test" for political advertising and new, tougher standards for crime reporting, and her championing of rigorous journalistic ethics won her widespread recognition from her colleagues in the media, including those from the Columbia Journalism Review, "Nightline," National Public Radio, the Los Angeles Times, and Broadcasting and Cable magazine; and WHEREAS, Her outstanding stewardship of KVUE's news department was recognized in 1995, when the station was awarded the first Associated Press TV Excellence Award, and two years later she received a Certificate of Commendation for Lifetime Achievement from the Radio & Television News Directors Association and was named Broadcaster of the Year by the Texas Association of Broadcasters; and WHEREAS, Well known as a steadfast advocate of open government, she was the recipient of the 1997 James Madison Award from the Freedom of Information Foundation of Texas, and the Texas Associated Press Broadcasters have named in her honor the Carole Kent Kneeland Freedom of Information Award, given to those broadcasters who have furthered the cause of open access to the workings of government; and WHEREAS, Carole Kneeland's untimely death from cancer shocked and saddened her many friends and admirers, but her legacy of excellence in



	broadcast journalism continues to inspire her colleagues, and in tribute to her lifelong contributions to the profession, they have created the Carole Kneeland Project for Responsible Television Journalism; and WHEREAS, Designed to foster the development of journalists dedicated to the same professional principles that its namesake embodied, the Carole Kneeland Project will use such means as awards, scholarships, and conferences to promote the highest standards of news gathering and reporting; and WHEREAS, In addition, the Governor's Commission for Women has launched an initiative designed to draw attention to women's health issues, and a key component of the program is the Carole Kneeland Media Awards, which recognize media professionals for outstanding reporting on women's health; Carole Kneeland's belief that journalists have a duty to provide information that helps people improve their lives made health coverage a priority for her, and an award named in her honor spotlighting coverage of women's health issues is especially fitting; and WHEREAS, Although time cannot diminish the tragedy of a rich life cut prematurely short, neither can it dim the memory of this remarkable individual, and the joy and dedication Carole Kneeland brought to her life and work will burn on brightly forever in the hearts of all those fortunate enough to have known her; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby honor the memory of Carole Kneeland and extend sincere condolences to the members of her family: her husband, Dave McNeely; her parents, Sanford and Lorrainne Kent; her brother and sister-in-law, Gale and Darsie Kent, and their children, Lindsey and Johnathan Kent; her stepdaughters and their families: Candace and David McGriffy and their daughter, Stella Marie McGriffy, and Michelle and Bob Mueller and their children, Katie, Carl, and Jenny Mueller; and, be it further RESOLVED, That an official copy of this Resolution be prepared for the members of her family as an expression of deepest sympathy from the Texas Senate, and that when the Senate adjourns this day, it do so in memory of Carole Kent Kneeland. 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 Barrientos and by unanimous consent, the resolution and was adopted by a rising vote of the Senate. Senator Barrientos was recognized and introduced to the Senate family members of Carole Kent Kneeland: her husband, Dave McNeely; her parents, Sanford and Lorrainne Kent; her brother and sister-in-law, Gale and Darsie Kent, and their children, Lindsey and Johnathan Kent;



	her stepdaughters and their families: Candace and David McGriffy and their daughter, Stella Marie McGriffy, and Michelle and Bob Mueller and their children, Katie, Carl, and Jenny Mueller. The Senate welcomed its guests and extended its condolences.



	In Memory of Ima Mae Smith Senator Duncan offered the following resolution: (Senate Resolution 335) WHEREAS, The passing of former Texas First Lady Ima Mae Smith on August 29, 1998, at the age of 86, brought a great loss to the family and friends of this beloved woman; and WHEREAS, Born on October 20, 1911, in Jack County, she graduated from Ralls High School and continued her pursuit of academic excellence at Texas Tech University, where she met her future husband, Preston Smith; and WHEREAS, An elementary school teacher by profession, she became a homemaker after her marriage to Preston Smith on June 20, 1935, in Ralls and they were blessed with two children, Preston and Jan; through the years, Mrs. Smith welcomed four grandchildren and one great-granddaughter into their close-knit family; and WHEREAS, This gracious lady was a member of the House of Representatives Wives Club and later, the Senate Ladies Club during her husband's tenure in the legislature, and her responsibilities grew when her husband was elected lieutenant governor; with his inauguration in 1968 as governor, she became the state's first lady; and WHEREAS, Mrs. Smith fulfilled her duties with compassion and grace throughout her husband's two terms in office; as first lady, her concerns included improving conditions at the state's prisons and mental institutions, and her input was instrumental in helping reform conditions for the mentally ill and in the establishment of a state school in Lubbock; her special interest in the history of the Governor's Mansion and beautification of the building and grounds led to her publication of a comprehensive brochure about the mansion; and WHEREAS, A proud supporter of her alma mater, Mrs. Smith was the first woman to be named a distinguished alumna at Texas Tech, an honor also bestowed on her by Ralls High School; and WHEREAS, Mrs. Smith was active in Lubbock civic organizations after she and her husband returned to their home from Austin; a charter member of St. John's Methodist Church, she also shared her time and energy with the Lubbock Women's Club, Zeta Tau Alpha Sorority, and the Methodist Hospital Auxiliary; and WHEREAS, Throughout her lifetime, Mrs. Smith devoted herself to her family, friends, community, and state; those who were privileged to share her friendship will long miss her presence, and treasure her memory for many



	years to come; now, therefore, be it RESOLVED, That the Senate of the 76th Texas Legislature hereby honor the memory of Ima Mae Smith and extend sincere sympathy to the members of her family: to her husband, the Honorable Preston Smith; to her children, Preston Michael Smith and Jan Smith Taylor; to her grandchildren, Kelly Smith Jones, Preston Conrad Smith, Dr. Robert Preston Schmid, and Lauren Taylor; and to her great-granddaughter, Katrina Elizabeth Jones; and, be it further RESOLVED, That an official copy of this resolution be prepared for the members of her family and that when the Texas Senate adjourns this day, it do so in memory of former Texas First Lady Ima Mae Smith. 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 Duncan and by unanimous consent, the resolution was adopted by a rising vote of the Senate.