Tuesday, March 16, 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, 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. Absent-excused: Bivins. The President announced that a quorum of the Senate was present. The Reverend Kenneth S. Calhoun, Russell Memorial Methodist Church, Wills Point, offered the invocation as follows: Gracious God, the source of all our blessings from the past and our hope for all our tomorrows, I pray this day for the men and women sent here to this hallowed place by the people of the State of Texas. In all that they do and say may they be guided by Your spirit here with them. In their decisions give them a sense of reverence for their work. In their disagreements give them a true respect for each other. In their debates remind them that both friend and foe are Your beloved children. Bless them with compassion for all those whom they govern. Bless them with courage to speak the truth, in love and graciousness. Bless them with commitment to remain steadfast to do what is right in Your eyes. And, as in the past, so in the present and the future, God bless Texas. Amen. On motion of Senator Truan and by unanimous consent, the reading of the Journal of the proceedings of yesterday was dispensed with and the Journal was approved. LEAVE OF ABSENCE On motion of Senator Ratliff, Senator Bivins was granted leave of absence for today on account of illness. CO-AUTHORS OF SENATE BILL 37 On motion of Senator Ellis and by unanimous consent, Senators Carona, Gallegos, Lucio, Luna, Madla, Nixon, and Truan will be shown as Co-authors of SB 37.



	CO-AUTHORS OF SENATE BILL 77 On motion of Senator Truan and by unanimous consent, Senators Lucio, Shapleigh, and Zaffirini will be shown as Co-authors of SB 77. CO-AUTHORS OF SENATE BILL 114 On motion of Senator Gallegos and by unanimous consent, Senators Shapiro and Zaffirini will be shown as Co-authors of SB 114. CO-AUTHOR OF SENATE BILL 178 On motion of Senator Ratliff and by unanimous consent, Senator West will be shown as Co-author of SB 178. CO-AUTHORS OF SENATE BILL 210 On motion of Senator Truan and by unanimous consent, Senators Lucio, Shapleigh, and Zaffirini will be shown as Co-authors of SB 210. CO-AUTHOR OF SENATE BILL 275 On motion of Senator Ellis and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 275. CO-AUTHOR OF SENATE BILL 980 On motion of Senator Barrientos and by unanimous consent, Senator Madla will be shown as Co-author of SB 980. CO-AUTHORS OF SENATE BILL 1421 On motion of Senator Lucio and by unanimous consent, Senators Shapleigh, Truan, and Zaffirini will be shown as Co-authors of SB 1421. CO-AUTHOR OF SENATE BILL 1424 On motion of Senator West and by unanimous consent, Senator Carona will be shown as Co-author of SB 1424. CO-AUTHOR OF SENATE BILL 1500 On motion of Senator Lindsay and by unanimous consent, Senator Whitmire will be shown as Co-author of SB 1500. CO-AUTHOR OF SENATE BILL 1510 On motion of Senator Truan and by unanimous consent, Senator Shapleigh will be shown as Co-author of SB 1510. CO-AUTHOR OF SENATE BILL 1547 On motion of Senator Bivins and by unanimous consent, Senator Wentworth will be shown as Co-author of SB 1547. CO-AUTHOR OF SENATE BILL 1787 On motion of Senator Bivins and by unanimous consent, Senator Armbrister will be shown as Co-author of SB 1787.



	CO-AUTHOR OF SENATE JOINT RESOLUTION 12 On motion of Senator Carona and by unanimous consent, Senator Ellis will be shown as Co-author of SJR 12. BILL SIGNED The President announced the signing of the following enrolled bill in the presence of the Senate after the caption had been read: SB 472 (signed subject to Section 49a, Article III of the Texas Constitution). GUESTS PRESENTED Senator Fraser was recognized and introduced to the Senate a group of students from Ellison High School in Killeen, accompanied by Bill Farley, faculty advisor. The Senate welcomed its guests. GUESTS PRESENTED Senator Madla was recognized and introduced to the Senate a group of students from Central Catholic School in San Antonio. The Senate welcomed its guests. SENATE RESOLUTION 397 Senator Cain offered the following resolution: WHEREAS, The Senate of the State of Texas takes pleasure in joining the residents of Van Zandt County, including the gifted and talented students from Wills Point Junior High School, their principal and advisors, the Van Zandt County Choir, and Van Zandt County and city elected officials in declaring Tuesday, March 16, 1999, as Van Zandt County Day; and WHEREAS, Van Zandt County was carved out of Henderson County and was created by an enactment of the Texas Legislature on March 20, 1948; the county was named in honor of Isaac Van Zandt, an early pioneer who was a candidate for Governor of Texas, but was stricken by yellow fever and died in 1847; and WHEREAS, The two largest towns in the county are Wills Point and Canton; Wills Point was mapped out in 1873 and originally named Iola and later named Wills Point after William Wills; the Wills Cabin has been preserved and is now being moved to a permanent park; Wills Point is considered the Bluebird Capitol of Texas and is host for the Bluebird Festival in April; and WHEREAS, Canton was mapped out in 1850 and was incorporated in 1919; it is the county seat and is home of the world-famous First Monday Trade Days, one of the largest outdoor flea markets in the world; First Monday Trade Days allows Canton to have the lowest tax rate in the county; and WHEREAS, Other towns include Edom, Edgewood, Van, Fruitvale, and Grand Saline; Edom, one of the county's oldest towns, was established in 1856 and is known for the annual Edom Art Fair, its active historical society and its civic theater; Edgewood was established in 1878 and is known for its Edgewood Heritage Park Historical Village; and WHEREAS, Van was established in 1891 and is noted for its oil fields and for the Van Area Museum of Oil and Natural History; Grand Saline, the first county seat and



	post office, was established in 1873 and is known for Morton Salt and its salt mine; it is home to the only building made completely of salt, the Grand Saline Salt Palace; and WHEREAS, Van Zandt County has a population of over 40,000 and its economy is based on oil, tourism, and agribusinesses; most of the county's annual income is from cattle, hogs, and dairy products; it is a major hay, blueberry, and sweet potato producer; the county is fortunate to have the Sabine and Neches rivers and is home to Purtis Creek State Park; and WHEREAS, Van Zandt County is becoming known for its dedication to uniting the people and communities of the county through the works of the Council of Van Zandt County Communities in sharing calendars of events, supporting countywide activities including, but not limited to, the Van Zandt County Fair and Parade, the East Texas State Fair, and the Van Zandt County Relay for Life, and especially sponsoring the legislative year visit to Austin through Van Zandt County Day focusing on legislation affecting citizens of Van Zandt County; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby express appreciation to the people of Van Zandt County for the county's many amenities and its contributions to our state and extend best wishes for a joyous Van Zandt County Day; and, be it further RESOLVED, That an official copy of this Resolution be prepared for the Van Zandt 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 Cain, the resolution was adopted by a viva voce vote. GUESTS PRESENTED Senator Cain was recognized and introduced to the Senate a group of citizens, city and county officials, and students from Van Zandt County. The Senate welcomed its guests. GUESTS PRESENTED Senator Luna was recognized and introduced to the Senate a group of students from Henry B. Gonzalez Elementary School in San Antonio. The Senate welcomed its guests. SENATE CONCURRENT RESOLUTION 41 Senator Barrientos offered the following resolution: WHEREAS, The Texas Retired Employees Association was chartered on July 14, 1977, for the purpose of enhancing and improving the status, benefits, and morale of retired state employees; and WHEREAS, The main objective of the Texas Retired Employees Association is to identify the needs of state retirees and respond appropriately by making those needs known to legislators, the Texas Employees Retirement System, and various federal agencies; and



	WHEREAS, The association also helps to establish priorities for the betterment of retirees such as retirement annuities, adequate health programs, and other benefits; and WHEREAS, The members of the organization represent a strong and united front on matters of mutual interest regarding retired state employees; and WHEREAS, "A Day at the Capitol" meeting of the association that will be held in Austin on March 16, 1999, will mark 22 years of service to the welfare of retired state employees; now, therefore, be it RESOLVED, That the 76th Legislature of the State of Texas hereby commend the Texas Retired Employees Association on its many contributions to the welfare of retired state employees; and, be it further RESOLVED, That March 16, 1999, be designated as Texas Retired Employees Association Day in Texas; and, be it further RESOLVED, That an official copy of this resolution be prepared for the Texas Retired Employees Association as an expression of high regard by the Texas Legislature. The resolution was again read. The resolution was previously adopted on Wednesday, March 3, 1999. GUESTS PRESENTED Senator Barrientos was recognized and introduced to the Senate members of the Texas Retired Employees Association. The Senate welcomed its guests. SENATE RESOLUTION 306 Senator Barrientos offered the following resolution: WHEREAS, The Senate of the State of Texas congratulates the Balcones Big League Softball Team from Austin, Texas, for winning the 1998 Big League State Championship; and WHEREAS, The 16-to-18-year-old girls on the team were elated to become the first Balcones boys or girls team to ever win a state championship, and they won the title in July with scores of 11-1 and 5-1 in the Waco tournament over a Fort Worth District team; and WHEREAS, Team manager Kevin Mercer was rightfully proud of the 1998 members of the championship team who were Jennifer Munoz, Paula Yuma, Alicia Yuma, Christina Cruz, Sarah Mercer, Sarah Miller, Tamara Birchman, Sarah Blacksmith, Catherine Mendoza, Sarah Chappell, Stephanie Campbell, Chryssa Delgado, and Patricia Hunteman; together these outstanding athletes played with an unbeatable unity of team play; and WHEREAS, Effectively controlling the Fort Worth team's ability to score, the Balcones team pitchers, Chryssa Delgado, Sarah Miller, and Patricia Hunteman, allowed their team to control the scoring in the games with its powerful offensive ability; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby commend the Balcones Big League Softball Team from Austin for winning the 1998 Big League State Championship and for becoming the first team in the 31-year history of play for the Balcones League to do so; and, be it further



	RESOLVED, That a copy of this Resolution be prepared for the champion Balcones Big League Softball Team as an expression of esteem from the Texas Senate. The resolution was again read. The resolution was previously adopted on Monday, March 1, 1999. GUESTS PRESENTED Senator Barrientos was recognized and introduced to the Senate the Balcones Big League Softball Team of Austin, accompanied by their manager. The Senate welcomed its guests. SENATE JOINT RESOLUTION 5 REREFERRED Senator Brown submitted a Motion In Writing requesting that SJR 5 be withdrawn from the Committee on State Affairs and rereferred to the Committee on Human Services. The Motion In Writing prevailed without objection. (Senator Ogden in Chair) SESSION TO CONSIDER EXECUTIVE APPOINTMENTS The Presiding Officer 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, March 11, 1999, by Senator Wentworth. Senator Wentworth moved confirmation of the nominees reported Thursday by the Committee on Nominations. The Presiding Officer 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 30, Nays 0. Absent-excused: Bivins. Members, Texas Board of Health: Jesse Curtis "J. C." Chambers, Lubbock County; Beverly Claire Harris Robinson, Ph.D., Bexar County; Margo Sneller Scholin, Harris County. Members, The Texas A&M University System Board of Regents: Lionel Sosa, Bexar County; R. H. "Steve" Stevens, Jr., Harris County; Susan Rudd Wynn, M.D., Tarrant County. Members, Texas Higher Education Coordinating Board: Kevin Paul Eltife, Smith County; Adair Wakefield Margo, El Paso County. Commissioners, Texas Animal Health Commission: Quincy Barnes, Bexar County; Tommy Bozka, Lavaca County; Charles Richard Sherron, Jefferson County; Richard C. Traylor, Zavala County.



	Members, Texas Commission on the Arts: Sue Schrier Bancroft, Denton County; Celso M. Gonzalez-Falla, Nueces County; C. Anthony "Tony" Sherman, Fort Bend County; Kathleen Birkner Stevens, Tarrant County; Catherine Blaffer Taylor, Midland County. Members, Texas Department of Housing and Community Affairs Board: Michael E. Jones, Smith County; Lydia Rangel Saenz, Dimmit County; Marsha L. Williams, Dallas County. Members, Texas Water Development Board: Jack Hunt, Harris County; Wales H. Madden, Jr., Potter County. Member, Texas State Library and Archives Commission: Sandra Pickett, Liberty County. Members, North Texas Tollway Authority Board of Directors: Donald D. Dillard, Dallas County; Jere W. Thompson, Jr., Dallas County; Marilyn Kay Walls, Johnson County. Members, Nueces River Authority Board of Directors: Scott Bledsoe III, Live Oak County; John William Howell, San Patricio County; August Linnartz, Jr., Dimmit County; Thomas M. Reding, Jr., San Patricio County; Patricia Keane Sutton, Real County; Lawrence H. Warburton, Jr., Jim Wells County. Members, On-site Wastewater Treatment Research Council: Therese M. Baer, P.E., Travis County; Barry D. Bedwell, Randall County; John Robert Blount, Harris County; Thomas Edward Dreiss, Bexar County; Franz K. Hiebert, Ph.D., Travis County; Lois Jordan Koock, Mason County; Maurice P. Short, P.E., Bowie County; Glenn A. Turner, Jefferson County; Brenton L. Wade, Tom Green County. Members, Texas Underground Facility Notification Corporation Board of Directors: Ralph Edward Alonzo, Bexar County; Charles Anthony "Tony" Boyd, Dallas County; Sheila Wilkes Brown, Travis County; Edgar Leon Carter, Collin County; Janet W. Holland, Palo Pinto County; David Hooper, San Patricio County; Lois W. Kolkhorst, Washington County; Steven F. Landon; Tarrant County; Howard T. Pebley, Jr., Hidalgo County; E. Ashley Smith, Harris County; Nancy Lou Sullivan, Mitchell County; Jose L. Valenciano, Lubbock County. CAPITOL PHYSICIAN The "Doctor for the Day," Dr. Max Latham of Sulphur Springs, accompanied by his wife, Margin, was introduced to the Senate by Senator Ratliff. The Senate expressed appreciation and gratitude to Dr. Latham for participating in the "Capitol Physician" program sponsored by the Texas Academy of Family Physicians. (President in Chair) CONCLUSION OF MORNING CALL The President at 10:30 a.m. announced the conclusion of morning call.



	COMMITTEE SUBSTITUTE SENATE BILL 24 ON SECOND 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 second reading and passage to engrossment: CSSB 24, Relating to the prosecution and punishment of certain domestic violence offenses. The bill was read second time and was passed to engrossment by a viva voce vote. RECORD OF VOTE Senator Harris asked to be recorded as voting "Nay" on the passage of the bill to engrossment. COMMITTEE SUBSTITUTE SENATE BILL 24 ON THIRD READING Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 24 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 2. Yeas: Armbrister, Barrientos, Bernsen, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Haywood, Jackson, Lindsay, Lucio, Luna, Madla, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, West, Whitmire, Zaffirini. Nays: Harris, Wentworth. Absent-excused: Bivins. CSSB 24 was read third time and was passed by a viva voce vote. RECORD OF VOTE Senator Harris asked to be recorded as voting "Nay" on the final passage of the bill. COMMITTEE SUBSTITUTE SENATE BILL 177 ON SECOND READING On motion of Senator Ratliff and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment: CSSB 177, Relating to codification of certain provisions in the General Appropriations Act that authorize, restrict, or prohibit expenditures by public entities. The bill was read second time.



	Senator Ratliff offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 177, in SECTION 3 of the bill (Committee Printing page 4, line 30), between "Subsections (b), (c), and (d)," and "a state agency" by inserting "and Chapter 466 pertaining to the state lottery,". The amendment was read and was adopted by a viva voce vote. On motion of Senator Ratliff 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 177 ON THIRD READING Senator Ratliff moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 177 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 1. Nays: Wentworth. Absent-excused: Bivins. CSSB 177 was read third time and was passed by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 178 ON SECOND READING On motion of Senator Ratliff and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment: CSSB 178, Relating to codification of certain state agency practices and duties currently prescribed by the General Appropriations Act. The bill was read second time. Senator Ratliff offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 178 as follows: (1) In SECTION 30 of the bill (Committee Printing page 9, line 33), strike "the administrative head or the presiding officer of the governing body of the institution certifies to the Legislative Budget Board that an appropriation of educational and general funds will not be required in the future to operate, maintain, repair, or construct a building on the property." and substitute "done consistently with rules and regulations adopted by the Higher Education Coordinating Board pursuant to its power to adopt such rules and regulations under Section 61, Education Code." (2) In SECTION 32 of the bill, at the end of Subsection (a) (Committee Printing page 9, line 66), add "This section does not prohibit an agency from entering into a professional services contract with a corporation, firm, or other business entity that employs a former or retired employee of the agency within one year of the employee leaving the agency, provided that the former or retired



	employee does not perform services on projects for the corporation, firm, or other business entity that the employee worked on while employed by the agency." The amendment was read and was adopted by a viva voce vote. Senator Sibley offered the following amendment to the bill: Floor Amendment No. 2 Amend CSSB 178 by inserting the following as new SECTION 21, and renumbering the subsequent SECTIONS appropriately: SECTION 21. Section 2161.001(2), Government Code, is amended to read as follows: (2) "Historically underutilized business" means an entity with its principal place of business in Texas and which is: (A) a corporation formed for the purpose of making a profit in which 51 percent or more of all classes of the shares of stock or other equitable securities are owned by one or more socially disadvantaged persons who have a proportionate interest and actively participate in the corporation's control, operation, and management; (B) a sole proprietorship created for the purpose of making a profit that is completely owned, operated, and controlled by a socially disadvantaged person; (C) a partnership formed for the purpose of making a profit in which 51 percent or more of the assets and interest in the partnership are owned by one or more socially disadvantaged persons who have a proportionate interest and actively participate in the partnership's control, operation, and management; (D) a joint venture in which each entity in the venture is a historically underutilized business, as determined under another paragraph of this subdivision; or (E) a supplier contract between a historically underutilized business as determined under another paragraph of this subdivision and a prime contractor under which the historically underutilized business is directly involved in the manufacture or distribution of the goods or otherwise warehouses and ships the goods. The amendment was read and was adopted by a viva voce vote. RECORD OF VOTE Senator Nelson asked to be recorded as voting "Nay" on the adoption of Floor Amendment No. 2. On motion of Senator Ratliff 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. RECORD OF VOTE Senator Nelson asked to be recorded as voting "Nay" on the passage of the bill to engrossment. COMMITTEE SUBSTITUTE SENATE BILL 178 ON THIRD READING Senator Ratliff moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 178 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 2.



	Yeas: Armbrister, Barrientos, Bernsen, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Luna, Madla, Moncrief, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, West, Whitmire, Zaffirini. Nays: Nelson, Wentworth. Absent-excused: Bivins. CSSB 178 was read third time and was passed by a viva voce vote. RECORD OF VOTE Senator Nelson asked to be recorded as voting "Nay" on the final passage of the bill. SENATE RESOLUTION 399 Senator Bernsen offered the following resolution: WHEREAS, On Tuesday, March 16, 1999, the proud citizens of Montgomery County will come to the State Capitol to celebrate Montgomery County Day; and WHEREAS, Some of the distinguished groups who will be attending include the Community Chamber of Commerce, the Greater Conroe/Lake Conroe Chamber of Commerce, the South Montgomery Woodlands Chamber of Commerce, and the Magnolia Chamber of Commerce; the joint project of the Montgomery County Chambers will involve a group of over 200 people traveling to Austin; and WHEREAS, The beautiful county is covered with timber, and part is in Sam Houston National Forest; many of the inhabitants work in Houston, and the local economy includes oil production and lumber; and WHEREAS, Citizens of the county are proud that one of their first citizens, Dr. Charles Bellinger Stewart, helped design the Texas Lone Star Flag; Montgomery County was officially designated the Birthplace of the Lone Star Flag by the Texas Legislature in 1997; and WHEREAS, Historical places of interest include the Heritage Museum in Conroe, the largest town in the county; the museum is the restored home of a pioneer timber family, and it was moved to its present location in 1987 to create the exhibition; and WHEREAS, Located in South Montgomery County, The Woodlands is a planned development and many of the residents living there also work in the area; the quality of life is excellent, and entertainment is provided by the Cynthia Woods Mitchell Pavilion, a Tinseltown Movie Theater, and the modern Woodlands Mall; and WHEREAS, Opportunities for recreation abound; there is Lake Woodlands, and only about 20 miles north is Lake Conroe, where boating, fishing, and other water sports are available; it is a popular area for tourists as well as weekend cottages and lakeside homes; and WHEREAS, It is indeed a pleasure and a privilege for the Texas Senate to honor this outstanding county and its fine citizens; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby congratulate the delegation coming to the State Capitol for Montgomery County Day; and, be it further



	RESOLVED, That a copy of this Resolution be prepared as an expression of the highest regard and esteem of the Texas Senate. BERNSEN NIXON The resolution was read. On motion of Senator Nixon 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, joined by Senator Nixon, was recognized and introduced to the Senate Dorothy Campbell, President, Community Chamber of Commerce; John Webb, Chair, South Montgomery Woodlands Chamber of Commerce; Andy Dill, Chair of the Board, Greater Conroe/Lake Conroe Chamber of Commerce; Anne Sundquist, President, Magnolia Chamber of Commerce; and a delegation of citizens from Montgomery County. The Senate welcomed its guests. SENATE BILL 399 ON SECOND READING On motion of Senator Shapiro and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment: SB 399, Relating to requiring registration of certain offenders under the sex offender registration program. The bill was read second time and was passed to engrossment by a viva voce vote. SENATE BILL 399 ON THIRD READING Senator Shapiro moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 399 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 1. Nays: Wentworth. Absent-excused: Bivins. SB 399 was read third time and was passed by a viva voce vote. SENATE BILL 400 ON SECOND READING On motion of Senator Shapiro and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment: SB 400, Relating to the registration of certain juvenile offenders under the sex offender registration program. The bill was read second time.



	Senator Shapiro offered the following committee amendment to the bill: Committee Amendment No. 1 Amend SB 400 as follows: (1) On page 3, line 22 after "department," and before "the" add the following: "a juvenile secure pre- or post-adjudication facility" (2) On page 5, line 14 insert the following: SECTION 6, article 62.01, Code of Criminal Procedure, as added by Chapter 572, Acts of the 72nd Legislature, Regular Session, 1991, is amended to read as follows: (3) "Penal Institution" means a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice, a confinement facility operated by or under contract with the Texas Youth Commission, or a juvenile secure pre- or post-adjudication facility operated by or under a local juvenile probation department, or a county jail Renumber all subsequent sections The committee amendment was read and was adopted by a viva voce vote. On motion of Senator Shapiro 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 400 ON THIRD READING Senator Shapiro moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 400 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 1. Nays: Wentworth. Absent-excused: Bivins. SB 400 was read third time and was passed by the following vote: Yeas 30, Nays 0. Absent-excused: Bivins. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas March 16, 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 50, Honoring Dr. Carlos Hamilton, Jr. HCR 58, Honoring South Texas College of Law for winning the national championship trophy at the 49th Annual National Moot Court Competition.



	HCR 136, Recognizing the St. Ambrose Catholic School rugby team. SCR 35, In memory of the Reverend Julius Lee Jackson, Sr., of Benbrook. SCR 41, Designating March 16, 1999, as Texas Retired Employees Association Day. Respectfully, /s/Sharon Carter, Chief Clerk House of Representatives (Senator Lindsay in Chair) SENATE BILL 264 ON SECOND READING Senator Duncan asked unanimous consent to suspend the regular order of business to take up for consideration at this time: SB 264, Relating to the probationary period for a police officer under the municipal civil service law. There was objection. Senator Duncan then moved to suspend the regular order of business and take up SB 264 for consideration at this time. The motion prevailed by the following vote: Yeas 25, Nays 3, Present-not voting 1. Yeas: Armbrister, Brown, Cain, Duncan, Ellis, Fraser, Gallegos, Haywood, Jackson, Lindsay, Lucio, Luna, Madla, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Wentworth, West, Whitmire, Zaffirini. Nays: Barrientos, Bernsen, Truan. Present-not voting: Harris. Absent: Carona. Absent-excused: Bivins. The bill was read second time. (President in Chair) Senator Gallegos offered the following amendment to the bill: Floor Amendment No. 1 Amend SB 264 as follows: (f) This does not apply to a city with population of 1.5 million or above. The amendment was read and was adopted by the following vote: Yeas 16, Nays 13. Yeas: Armbrister, Barrientos, Bernsen, Brown, Cain, Duncan, Gallegos, Jackson, Lindsay, Luna, Nelson, Nixon, Ogden, Shapleigh, Whitmire, Zaffirini. Nays: Ellis, Fraser, Harris, Haywood, Lucio, Madla, Moncrief, Ratliff, Shapiro, Sibley, Truan, Wentworth, West.



	Absent: Carona. Absent-excused: Bivins. Senator Nixon offered the following amendment to the bill: Floor Amendment No. 2 Amend SECTION 1 of SB 264 by adding the following at the end of Subsection (b) of Section 143.027, Local Government Code (Committee Printing, page 1, between lines 21 and 22): "This subsection does not apply to the police department of a municipality to which Subchapter I or J applies or that has adopted Chapter 174." The amendment was read. On motion of Senator Nixon and by unanimous consent, Floor Amendment No. 2 was withdrawn. On motion of Senator Duncan 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. RECORD OF VOTES Senators Barrientos, Bernsen, Cain, and Truan asked to be recorded as voting "Nay" on the passage of the bill to engrossment. SENATE BILL 264 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 264 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 24, Nays 4, Present-not voting 2. Yeas: Armbrister, Brown, Carona, Duncan, Ellis, Fraser, Gallegos, Haywood, Jackson, Lindsay, Luna, Madla, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, West, Whitmire, Zaffirini. Nays: Barrientos, Bernsen, Cain, Wentworth. Present-not voting: Harris, Lucio. Absent-excused: Bivins. SB 264 was read third time and was passed by a viva voce vote. RECORD OF VOTES Senators Barrientos, Bernsen, Cain, and Truan asked to be recorded as voting "Nay" on the final passage of the bill. Senators Harris and Lucio asked to be recorded as "Present-not voting" on the final passage of the bill.



	GUESTS PRESENTED Senator Zaffirini was recognized and introduced to the Senate the Zapata High School Mariachi Band from Zapata. The Senate welcomed its guests. GUESTS PRESENTED Senator Sibley was recognized and introduced to the Senate a delegation of County Extension Agents from District 8 of the Texas Agricultural Extension Service. The Senate welcomed its guests. MEMORIAL RESOLUTIONS SR 430 - by Wentworth: In memory of Perry Kallison of San Antonio. SR 431 - by Luna: In memory of Sarah Waldeen Martindale of San Antonio. SR 432 - by Luna: In memory of Maria Morales of San Antonio. WELCOME AND CONGRATULATORY RESOLUTIONS SR 419 - by West: Congratulating Michael W. Fields of DeSoto. SR 420 - by West: Congratulating Andrew J. Kapsos. SR 422 - by Zaffirini: Recognizing the First Bi-National Emergency Services Seminar 1999 in Laredo and Nuevo Laredo, Mexico. SR 423 - by Lucio: Congratulating the Honorable William H. Card of Harlingen. SR 424 - by Lucio: Congratulating Alis Fruia. SR 425 - by Lucio: Congratulating Amanda Richardson. SR 427 - by Madla: Welcoming members of the academic teams from Central Catholic School and Incarnate Word High School in San Antonio. SR 428 - by Madla: Congratulating the Board of Trustees of the Southwest Independent School District in Bexar County. ADJOURNMENT On motion of Senator Truan, the Senate at 11:35 a.m. adjourned, in memory of Johnny G. Economedes of Edinburg, until 10:00 a.m. tomorrow. APPENDIX SENT TO COMPTROLLER March 16, 1999 SB 472



	In Memory of Johnny G. Economedes Senator Lucio offered the following resolution: (Senate Resolution 414) WHEREAS, The Senate of the State of Texas joins the citizens of Edinburg in mourning the loss of Johnny G. "the Greek" Economedes, who died recently at the age of 65; and WHEREAS, Born in Brownsville, on November 14, 1932, Johnny graduated from Pan American University with a bachelor of arts degree in physical education; he served in the United States Army during the Korean conflict and later served as the director of Parks and Recreation for the City of Edinburg from 1957 to 1972; he was also the city's swimming instructor and taught his own children to swim when they were six months old; and WHEREAS, Johnny joined the Edinburg Volunteer Fire Department in 1955, and after a series of promotions, he served as volunteer chief of the department from 1977 to 1982; he then became the first salaried fire chief of the Edinburg Fire Department, a position he held until his death; and WHEREAS, Mr. Economedes was dedicated to his work with the fire department and received many accolades over the years for his outstanding work; he was awarded the department's Firefighter of the Year award and the American Legion Fireman of the Year award in 1975; he was a past president of the Lower Rio Grande Valley Firefighter's and Fire Marshal's Association; and WHEREAS, An exemplary and distinguished gentleman, Johnny was respected locally and was nationally known for his many accomplishments and his outstanding leadership in the Edinburg community; he was honored by Lieutenant Governor Bob Bullock for his role as a loyal fire chief and received national recognition for his efforts in helping the City of Brownsville during the Amigo Store Roof Collapse; he held conferences with such national figures as Senator John Tower and Vice President George Bush regarding programs in the Valley and the Southwest Texas Border Initiative; and WHEREAS, Posthumous awards include recognition by the Rio Grande Valley Firefighter's and Fire Marshal's Association and by the City of Edinburg for his years of loyal service; he was recognized for Distinguished Service by the LRGVDC 9-1-1 Program and was honored at the 10-K Run by the Edinburg Parks and Recreation Department and at Fiesta Edinburg by the Edinburg Chamber of Commerce; he will be honored at the 8th Annual Walk for Life during National Organ/Tissue Awareness Week in April of 1999; and WHEREAS, Johnny had served as president of the Edinburg Chamber of Commerce and was co-chairman of the Edinburg Economic Development Board; he was chairman of the Hidalgo County 911 Board and served on the



	Texas A&M University Fire School Advisory Board; he also served as the coordinator of the City of Edinburg's Emergency Management Disaster Plan; and WHEREAS, A man of integrity, strength, and uncommon generosity, Johnny gave unselfishly of his time to others, and his wisdom, warmth, and valued counsel will not be forgotten by those who knew him; and WHEREAS, Johnny Economedes was a devoted husband and father who lived his life to the fullest, and he leaves behind memories that will be treasured forever by his family and many friends; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby extend sincere condolences to the bereaved family of Johnny G. Economedes: his wife, Linda Economedes; his son, Andrew Economedes; his daughter, Deanne Economedes; and his sister, Tessie Comodromos; and, be it further RESOLVED, That a copy of this Resolution be prepared for the members of his 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 Johnny Economedes. 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 Lucio and by unanimous consent, the resolution was adopted by a rising vote of the Senate. Senator Lucio was recognized and introduced to the Senate family members of Johnny G. Economedes: his wife, Linda; his son, Andrew; and his daughter, Deanne. The Senate welcomed the Economedes family and extended its condolences.