|
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 John McCaffrey, Saint Joseph's Catholic Church, Bryan, offered the invocation as follows: Lord, our God, we have come together in Your name to work for the good of this great State of Texas. Stay with these state Senators with Your invisible presence and pour out Your blessings on them. Make them work in a spirit of trust and love, as well as a spirit of prudence and understanding, so that they may experience an abundance of light, compassion, and peace. Let harmony reign ever among them and let them keep their eyes fixed upon You. Enable them to implement Your known will for the State of Texas, no matter what difficulty it may entail, and reward them for the good they do. Blessed are You, Lord our God, for ever and ever. 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 8 On motion of Senator West and by unanimous consent, Senator Truan will be shown as Co-author of SB 8. CO-AUTHOR OF SENATE BILL 670 On motion of Senator Brown and by unanimous consent, Senator Lucio will be shown as Co-author of SB 670. CO-AUTHOR OF SENATE BILL 786 On motion of Senator Harris and by unanimous consent, Senator Duncan will be shown as Co-author of SB 786. CO-AUTHOR OF SENATE BILL 862 On motion of Senator Gallegos and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 862. CO-AUTHOR OF SENATE BILL 1576 On motion of Senator West and by unanimous consent, Senator Truan will be shown as Co-author of SB 1576. CO-AUTHOR OF SENATE BILL 1577 | ||
|
On motion of Senator West and by unanimous consent, Senator Truan will be shown as Co-author of SB 1577. CO-AUTHOR OF SENATE BILL 1578 On motion of Senator West and by unanimous consent, Senator Truan will be shown as Co-author of SB 1578. CO-AUTHOR OF SENATE BILL 1579 On motion of Senator West and by unanimous consent, Senator Truan will be shown as Co-author of SB 1579. CO-AUTHOR OF SENATE BILL 1580 On motion of Senator West and by unanimous consent, Senator Truan will be shown as Co-author of SB 1580. SENATE RESOLUTION 350 Senator Harris offered the following resolution: WHEREAS, The Senate of the State of Texas takes great pleasure in recognizing Tillie Burgin for her outstanding work in the Dallas-Fort Worth Metroplex; and WHEREAS, Known as the Mother Teresa of Arlington, Tillie Burgin was honored in Governor Bush's State of the State Address as an example of what a private citizen can accomplish when a need becomes overwhelming; a former missionary, Tillie created Mission Arlington with substantial help from her church, the First Baptist Church of Arlington, and its pastor, Charles R. Wade; and WHEREAS, In 1986, Tillie Burgin wanted to begin Bible study groups with the low-income families living mainly in complexes surrounding the church; she found that many of the families did not have enough food or shelter, and she set out to supply those needs; and WHEREAS, Tillie found ways, with great assistance from others, to help people who were poor, hungry, and homeless, and as these needs were met, opportunities for initiating Bible study groups presented themselves; by the end of the first year, study groups were being conducted in 30 different locations; and WHEREAS, Apartment managers became aware that where Mission Metroplex groups were located, a more wholesome living environment was apparent; 10 years later, the ministry was in nearly 200 apartments, clubrooms, and storerooms; and WHEREAS, A group of cinder-block buildings and garages today, Mission Metroplex, on a typical day, helps more than 500 families receive aid; the poor are helped with money for rent or electric bills, furniture and clothing, and referrals to appropriate social agencies; Mission Metroplex runs after-school programs in poor neighborhoods, a day-care center for children from the homeless shelter, and dental and medical clinics; Tillie has nearly an army of volunteers to help her; and WHEREAS, Most of the funds to run Mission Metroplex come from private sources, and federal block-grant money has begun to pay for some of the services; and WHEREAS, The Dallas-Fort Worth Metroplex has benefitted enormously from the spirit, drive, and determination of Tillie Burgin; and WHEREAS, The accomplishments of Tillie Burgin and Mission Metroplex are most impressive, and Governor Bush's accolade to her is well deserved; now, | ||
|
therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby commend Tillie Burgin for her achievements and for initiating and creating a great success of Mission Metroplex; and, be it further RESOLVED, That a copy of this Resolution be prepared for her as an expression of the highest regard and esteem of the Texas Senate. HARRIS NELSON CARONA WEST MONCRIEF The resolution was read. On motion of Senator Brown and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof. On motion of Senator Harris, the resolution was adopted by a viva voce vote. GUEST PRESENTED Senator Harris was recognized and introduced to the Senate Tillie Burgin of Arlington. The Senate welcomed Ms. Burgin. RESOLUTIONS SIGNED The President announced the signing of the following enrolled resolutions in the presence of the Senate: SCR 35, SCR 41. GUESTS PRESENTED Senator Zaffirini was recognized and introduced to the Senate a delegation of firefighters and fire marshals from Guadalupe County. The Senate welcomed its guests. SENATE RESOLUTION 421 Senator West offered the following resolution: WHEREAS, The Senate of the State of Texas takes pride in recognizing July of 1999 as Texas Buffalo Soldiers Month and July 28, 1999, as Texas Buffalo Soldiers Capitol Salute Day; and WHEREAS, Buffalo Soldiers played a significant role in the history of the Lone Star State, and it is appropriate that the Texas Senate pay tribute to their place in our history and to their courage and dedication; and WHEREAS, The Buffalo Soldiers were African-American soldiers who fought in most of the major frontier campaigns against the Indians during the period of 1866 to 1892, as well as in the Spanish-American War; they were combatants against the Cheyenne, Kiowa, Comanche, Apache, Sioux, and Arapaho Indians; and WHEREAS, The Buffalo Soldiers were given their name by the Plains Indians and consisted of four regiments; 13 enlisted men and six officers from those regiments earned the Medal of Honor during the Indian wars; five other enlisted men received the Medal of Honor for their efforts during the Spanish-American War; and WHEREAS, Many outstanding officers served with the Buffalo Soldiers, | ||
|
including Henry O. Flipper, Benjamin H. Grierson, Abner Doubleday, William Rufus Shafter, Joseph A. Mower, and Edward Hatch; and WHEREAS, Several scholarly histories on the Buffalo Soldiers were written during the 1960s, and public interest was rekindled by the John Ford production of Sergeant Rutledge; in 1990, the Texas Buffalo Soldiers Program was founded by the Soldiers in Blue Committee in Abilene; directed by the Texas Parks and Wildlife Department, the program has expanded into a statewide initiative, reaching thousands of youths and families through living history demonstrations that are performed at state parks and other venues; and WHEREAS, The Texas Buffalo Soldier Heritage Trails of Texas Project was developed by A. C. and Gloria Jackson of Abilene, James and Robbyne Fuller of Midland, Eric Strong of Lubbock, and Ken Pollard of the Texas Parks and Wildlife Department in Austin; the project aims at involving Texas communities in the preservation of the history of the minority citizens of our state; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby pay tribute to the Buffalo Soldiers and express appreciation for their extraordinary valor and their many accomplishments on behalf of our state; and, be it further RESOLVED, That a copy of this Resolution be prepared in honor of Texas Buffalo Soldiers Month as an expression of esteem from the Texas Senate. The resolution was read and was adopted by a viva voce vote. GUESTS PRESENTED Senator West was recognized and introduced to the Senate representatives of the Texas Buffalo Soldiers Program: Captain Ken Pollard, Chaplain, Company K, 9th Regiment U.S. Cavalry, and A. C. Jackson, Co-chair, Soldiers in Blue Committee, Abilene; accompanied by representatives of Company K, 9th Regiment U.S. Cavalry; Company A, 9th Regiment U.S. Cavalry; Austin Learning Academy, Austin; and Lockhart High School American Cultures Class, Lockhart. The Senate welcomed its guests. (Senator Shapiro in Chair) SENATE RESOLUTION 417 Senator Carona offered the following resolution: WHEREAS, Throughout its history the State of Texas has maintained a commitment to the principle of protecting private property, and since 1920, members of the Texas Association of REALTORS have supported this vital principle; and WHEREAS, Each day, REALTORS provide valuable professional services that enable their fellow Texans to buy, sell, lease, develop, and manage real estate in a knowledgeable and confident manner; and WHEREAS, Over the years, Texas REALTORS have worked diligently within the regulatory process to promote and raise their business practices, and the term "REALTOR" has come to stand for competence, fairness, and integrity; and WHEREAS, The 45,000 members of the Texas Association of REALTORS have consistently supported responsible government as well as the entrepreneurial spirit that is the backbone of our state's economy, and they are indeed worthy of special | ||
|
recognition at this time; now, therefore, be it RESOLVED, That the Senate of the 76th Texas Legislature hereby recognize March 17, 1999, as REALTOR Appreciation Day at the State Capitol and extend a warm welcome to members of the Texas Association of REALTORS on the occasion of their visit to the State Capitol; and, be it further RESOLVED, That an official copy of this resolution be prepared for the Texas Association of REALTORS 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 Carona was recognized and introduced to the Senate a delegation of members of the Texas Association of REALTORS. The Senate welcomed its guests. CAPITOL PHYSICIAN The Presiding Officer recognized Senator Wentworth, who presented Dr. Robert Lee of Blanco as the "Doctor for the Day." Dr. Lee, participating in the "Capitol Physician" program sponsored by the Texas Academy of Family Physicians, was made welcome by the Senate. SENATE RESOLUTION 386 Senator Moncrief offered the following resolution: WHEREAS, The Texas Senate is proud to recognize the State Firemen's and Fire Marshals' Association of Texas for its invaluable work in providing protection to the citizens of our communities; and WHEREAS, Organized in 1876, the State Firemen's and Fire Marshals' Association of Texas is the oldest Texas association in existence and has provided 123 years of continuous service to its members and the State of Texas fire service; and WHEREAS, The purpose of the association is to promote, unify, represent, and educate members of the fire service community of Texas; and WHEREAS, There are more than 1,000 fire departments and more than 16,000 individual memberships from the volunteer, industrial, and career sectors of the state and more than 100 associate memberships from the related fire industry; and WHEREAS, An affiliate of the Texas Municipal League, the Texas Fire Chiefs Association was organized in 1961 to promote the fire service as a profession, to improve the methods of fire prevention, protection, and extinguishment, and to maintain high standards of professional ethics; its membership is composed of over 200 career, volunteer, and industrial fire chiefs and associate members; and WHEREAS, For the past 123 years, members of the State Firemen's and Fire Marshals' Association of Texas, and for the past 38 years, the Texas Fire Chiefs Association, have handled their responsibilities with efficiency and dedication to those they so conscientiously serve; and WHEREAS, Their meritorious work and exemplary devotion to their communities have earned the respect and admiration of all the citizens of Texas; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby commend the State Firemen's and Fire Marshals' Association of Texas and the Texas | ||
|
Fire Chiefs Association and recognize Wednesday, March 17, 1999, as "Firefighter Legislative Day"; and, be it further RESOLVED, That an official copy of this Resolution be prepared for these distinguished associations as an expression of high regard by the Texas Senate. MONCRIEF BIVINS The resolution was read. On motion of Senator Gallegos and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof. On motion of Senator Moncrief, the resolution was adopted by a viva voce vote. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas March 17, 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: HB 229, Relating to student union fees at The University of Texas of the Permian Basin. HB 251, Relating to a limitation on a juvenile's right to appeal after a plea or stipulation of evidence in juvenile court. HB 1033, Relating to the continuation and functions of the Texas Cancer Council. HB 1121, Relating to the law enforcement authority of certain investigators acting outside their county of jurisdiction. HB 1503, Relating to the continuation and functions of the Interagency Council on Early Childhood Intervention. HCR 59, Memorializing congress to pass the Conservation and Reinvestment Act of 1999. Respectfully, /s/Sharon Carter, Chief Clerk House of Representatives SENATE RESOLUTION 426 | ||
|
Senator Duncan offered the following resolution: WHEREAS, The Texas Senate is indeed proud to welcome citizens of Ward County to the State Capitol on March 17, 1999, and this festive event offers an ideal opportunity to recognize the county's many remarkable attributes; and WHEREAS, In true Irish spirit, the people of Ward County, including the residents of Monahans, Grandfalls, Barstow, Pyote, Wickett, Thorntonville, and Royalty, are noted for the "wearing of the green" not only on St. Patrick's Day, but routinely as a show of support for the Monahans Lobos; and WHEREAS, Ward County was home to both the Jumano Indians in the 1580s and the later-arriving Comanches; named for Republic of Texas leader Thomas W. Ward, it was created from Tom Green County; and WHEREAS, In the 1880s railroad stations were established in the area as was Monahans, the county seat, which functioned as a vital water stop on the Texas and Pacific Railroad; Grandfalls and Barstow were major farming communities and the backbone of the economy was cattle ranching and oil production; and WHEREAS, Today Monahans is a financial and marketing center for more than 800 square miles of cattle and oil country and Ward County's economic base includes oil, gas, sand and gravel production, and cattle ranching; and WHEREAS, The can-do spirit of Ward County citizens has brought a successful Texas Historical Main Street program, a freedom fair in July, funding to maintain the 4,000-acre Monahans Sandhills State Park, and the Million Barrel Museum built in 1928 as an oil storage facility and featuring antique oil field equipment, an amphitheater, and the relocated and restored Holman House that served as an early 20th century hotel; and WHEREAS, Additional attractions that can be enjoyed by visitors and residents alike include Imperial Reservoir and Pyote Museum and Rattlesnake Bomber Base, which was home of the 19th (B-17) Bomb Group during World War II; the museum displays artifacts of area history and mementos of the base and is located in a county park that offers picnicking, swimming, golf, tennis, and overnight camping; and WHEREAS, Ward County boasts exceptional schools, a progressive hospital, park system, and several community and convention centers, and the strong local work ethic and forward-thinking citizens attract new industry to the county, which cherishes its rich, culturally diverse history and is located not far from the hometown of the Honorable George W. Bush and his wife, Laura; and WHEREAS, Ward County residents truly exemplify the spirit of the Lone Star State and it is indeed fitting at this time that they receive legislative recognition for their county's proud heritage and their citizens' many accomplishments; now, therefore, be it RESOLVED, That the Senate of the 76th Texas Legislature hereby salute the citizens of Ward County, recognize that Ward County is the home of some of the most abundant and best tasting drinking water in the State of Texas, and extend warmest wishes to members of the delegation on the occasion of their visit to the State Capitol; and, be it further RESOLVED, That an official copy of this resolution be prepared for the citizens of Ward County 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 Duncan was recognized and introduced to the Senate a delegation of citizens from Ward County. The Senate welcomed its guests. GUESTS PRESENTED Senator Carona, joined by Senator Cain, was recognized and introduced to the Senate members of the Dallas Northeast Chamber of Commerce. The Senate welcomed its guests. (Senator Harris in Chair) SENATE RESOLUTION 410 Senator Shapiro offered the following resolution: WHEREAS, The Texas Senate is proud to welcome members of Texas Citizens for a Sound Economy (CSE) to the State Capitol on this day; and WHEREAS, the national organization, Citizens for a Sound Economy, was founded in 1984 and counts 250,000 informed, active taxpayers among its membership who seek to achieve the common goals of limited government, lower taxes, and fewer regulations; to that end, the organization focuses on researching, analyzing, and disseminating information on economic policy that is stated in straightforward terms; and WHEREAS, The state affiliate of the national organization, Texas Citizens for a Sound Economy, represents approximately 25,000 Texans who support lower taxes as well as regulatory and tort reform with the goal of making the Lone Star State an even better place in which to live and conduct business; and WHEREAS, Members of this grassroots coalition voice their views and offer solutions to challenges facing our country today by engaging policymakers and other citizens in policy debates and by hosting informative briefings and town hall meetings; and WHEREAS, CSE also strives to educate and mobilize consumers by making appearances on radio and television programs and by sponsoring advertising to promote its message; the organization works closely with its individual members, as well as activists and community leaders, to guarantee their opinions will be known in Washington and their state capitals; and WHEREAS, In addition, the association's educational affiliate, CSE Foundation, monitors the appropriations process and consistently urges Congress to reduce federal spending; and WHEREAS, Citizens for a Sound Economy encourages all taxpayers to make their voices heard, and the organization is indeed deserving of special recognition at this time; now, therefore, be it RESOLVED, That the Senate of the 76th Texas Legislature hereby recognize March 17, 1999, as Citizens for a Sound Economy Day at the State Capitol and extend to the organization's delegation best wishes for an informative and memorable visit. The resolution was read and was adopted by a viva voce vote. | ||
|
(President in Chair) CONCLUSION OF MORNING CALL The President at 10:31 a.m. announced the conclusion of morning call. COMMITTEE SUBSTITUTE SENATE BILL 30 ON SECOND READING Senator Shapiro moved to suspend the regular order of business to take up for consideration at this time: CSSB 30, Relating to parental notification before an abortion may be performed on certain minors; providing a criminal penalty. The motion prevailed by the following vote: Yeas 23, Nays 8. Yeas: Armbrister, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Fraser, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Nelson, Nixon, Ogden, Ratliff, Shapiro, Sibley, Truan, West, Zaffirini. Nays: Barrientos, Ellis, Gallegos, Luna, Moncrief, Shapleigh, Wentworth, Whitmire. The bill was read second time. Senator Shapiro offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 30, in Section 33.006(b), Family Code (committee printing page 4, line 13), by deleting "D.1.2. Strategy: Family Planning." The amendment was read. Senator Moncrief offered the following amendment to Floor Amendment No. 1: Floor Amendment No. 2 Amend Floor Amendment No. 1 to CSSB 30 as follows: 1) At the end of line 2 add: and substitute, "General Revenue Funds specifically appropriated for that purpose." The amendment to Floor Amendment No. 1 was read and failed of adoption by the following vote: Yeas 11, Nays 20. Yeas: Barrientos, Bernsen, Ellis, Gallegos, Luna, Moncrief, Shapleigh, Truan, Wentworth, West, Whitmire. Nays: Armbrister, Bivins, Brown, Cain, Carona, Duncan, Fraser, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Nelson, Nixon, Ogden, Ratliff, Shapiro, Sibley, Zaffirini. Question recurring on the adoption of Floor Amendment No. 1, the amendment was adopted by a viva voce vote. Senator West offered the following amendment to the bill: Floor Amendment No. 3 | ||
|
Amend CSSB 30 as follows: In SECTION 1 of the bill, amend Sec. 33.002 by adding a new subsection (e) to read as follows: "(e) It shall be a defense to prosecution under this section that the physician was presented false identification by the minor seeking an abortion." The amendment was read. On motion of Senator West and by unanimous consent, Floor Amendment No. 3 was withdrawn. Senator Bernsen offered the following amendment to the bill: Floor Amendment No. 4 Amend CSSB 30 (committee report) as follows: 1. On page 1, between lines 23 and 24, insert the following: (3) "Clergy member" means a person who is an officer of a religious organization and who is duly authorized by the organization to conduct marriage ceremonies. (4) "Counselor" means: (A) a psychiatrist; (B) an individual licensed or certified as a psychologist under the Psychologists Licensing Act (Article 4512c, Vernon's Texas Civil Statutes); (C) an individual licensed as a professional counselor under the Licensed Professional Counselor Act (Article 4512g, Vernon's Texas Civil Statutes); or (D) an individual licensed as a social worker under Chapter 50, Human Resources Code. 2. On page 4, between lines 27 and 28, insert the following: Sec. 33.008. INDEPENDENT EVALUATION OF A MINOR. (a) A physician may perform an abortion without providing notice under Section 33.002(a)(1) if a clergy member or counselor: (1) in the person's professional judgment, determines that: (A) the minor is mature and sufficiently well informed to make the decision to have an abortion performed without notification to any person described by Section 33.002(a)(1); (B) the abortion would be in the best interest of the minor; or (C) notification under Section 33.002 would not be in the best interest of the minor; and (2) certifies in writing to the physician who is to perform the abortion that the person has made the determination described by Subdivision (1). (b) A physician who performs an abortion under this section shall include a copy of the certification described by Subsection (a) in the minor's medical record. The amendment was read. Senator Shapiro moved to table Floor Amendment No. 4. On motion of Senator Shapiro and by unanimous consent, the motion to table was withdrawn. Question recurring on the adoption of Floor Amendment No. 4, the amendment failed of adoption by the following vote: Yeas 10, Nays 21. Yeas: Barrientos, Bernsen, Cain, Ellis, Gallegos, Moncrief, Shapleigh, Wentworth, West, Whitmire. | ||
|
Nays: Armbrister, Bivins, Brown, Carona, Duncan, Fraser, Harris, Haywood, Jackson, Lindsay, Lucio, Luna, Madla, Nelson, Nixon, Ogden, Ratliff, Shapiro, Sibley, Truan, Zaffirini. Senator Whitmire offered the following amendment to the bill: Floor Amendment No. 5 Amend CSSB 30 as follows: Sec. 33.002., (2), line 1-44 add "the judge of a justice of the peace court" and (3), line 48 add "a justice of the peace court." Sec. 33.003(b), line 15 add "justice of the peace court." The amendment was read and failed of adoption by the following vote: Yeas 13, Nays 18. Yeas: Barrientos, Bernsen, Ellis, Gallegos, Lindsay, Lucio, Moncrief, Nelson, Shapleigh, Truan, Wentworth, West, Whitmire. Nays: Armbrister, Bivins, Brown, Cain, Carona, Duncan, Fraser, Harris, Haywood, Jackson, Luna, Madla, Nixon, Ogden, Ratliff, Shapiro, Sibley, Zaffirini. Senator Bernsen offered the following amendment to the bill: Floor Amendment No. 6 Amend CSSB 30, in Section 33.003(e) Family Code (committee printing page 2, line 43, by adding, "For purposes of this section, a guardian ad litem is any person qualified under Section 107.006, Texas Family Code, including a member of the clergy, a counselor, or any other person so qualified." The amendment was read. On motion of Senator Bernsen and by unanimous consent, Floor Amendment No. 6 was withdrawn. 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 the following vote: Yeas 23, Nays 8. Yeas: Armbrister, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Fraser, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Nelson, Nixon, Ogden, Ratliff, Shapiro, Sibley, Truan, West, Zaffirini. Nays: Barrientos, Ellis, Gallegos, Luna, Moncrief, Shapleigh, Wentworth, Whitmire. (Senator Barrientos in Chair) COMMITTEE SUBSTITUTE SENATE BILL 7 ON SECOND READING On motion of Senator Sibley 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 7, Relating to electric utility restructuring and to the powers and duties of the Public Utility Commission of Texas; providing civil and administrative penalties; making an appropriation. The bill was read second time. Senator Sibley offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 7 as follows: (1) In Section 12.005, Utilities Code, in SECTION 2 of the bill (Committee Printing page 3, line 22) insert "or by Chapter 39" between "chapter" and the comma. (2) In Section 39.201(i)(1), Utilities Code, in SECTION 33 of the bill (Committee Printing page 24, lines 20-21) strike "qualified intangible charge" and substitute "transition charge", and strike "qualified rate order" and substitute "financing order". (3) In Section 39.302(2), Utilities Code, in SECTION 33 of the bill (Committee Printing page 34, line 26) strike "39.252" and substitute "39.201". (4) In Section 39.302(4), Utilities Code, in SECTION 33 of the bill (Committee Printing page 34, line 35) strike "39.252" and substitute "39.201". (5) In Section 39.303(a), Utilities Code, in SECTION 33 of the bill (Committee Printing page 34, line 62) strike "39.252" and substitute "39.201". (6) In Section 39.303(c), Utilities Code, in SECTION 33 of the bill (Committee Printing page 35, line 3) insert "competition" between "same manner as" and "transition charges". (7) In Section 39.309(e), Utilities Code, in SECTION 33 of the bill (Committee Printing page 36, line 58) strike "financing" and substitute "transition". (8) In Section 39.309(f), Utilities Code, in SECTION 33 of the bill (Committee Printing page 36, line 69) strike "financing" and substitute "transition". (9) In Section 39.309(f), Utilities Code, in SECTION 33 of the bill (Committee Printing page 37, line 5) strike "financing" and substitute "transition". (10) In Section 39.310, Utilities Code, in SECTION 33 of the bill (Committee Printing page 37, line 12) strike "financing" and substitute "transition". (11) In Section 39.311, Utilities Code, in SECTION 33 of the bill (Committee Printing page 37, line 21) strike "financing" and substitute "transition". The amendment was read and was adopted by a viva voce vote. Senator Cain offered the following amendment to the bill: Floor Amendment No. 2 Amend CSSB 7 by adding new SECTIONS and as follows: 1. SECTION . Section 13.024 (a) and (b), Utilities Code, are amended to read as follows: | ||
|
Sec. 13.024. PROHIBITED ACTS. (a) The counsellor may not:
(b) The prohibition under Subsection (a) applies during the period of
the counsellor's service. [ 2. SECTION . Section 13.043, Utilities Code, is amended to read as follows: Sec. 13.043. PROHIBITION ON EMPLOYMENT OR REPRESENTATION. (a) A former counsel may not make any communication to or appearance before the commission or an officer or employee of the commission before the second anniversary of the date the person ceases to serve as counsel if the communication or appearance is made: (1) on behalf of another person in connection with any matter on which the person seeks official action; or (2) with the intent to influence a commission decision or action. (b) A former counsel may not represent any person or receive compensation for services rendered on behalf of any person regarding a matter before the commission before the second anniversary of the date the person ceases to serve as counsel. (c) A person commits an offense if the person violates this section. An offense under this subsection is a Class A misdemeanor. (d)
[ (1) be employed by a public utility that was in the scope of the
(2) represent a person before the commission or a court in a matter: (A) in which the
(B) that was within the
(b) The prohibition of Subsection
(d)
(c) The prohibition of Subsection
(d) The amendment was read and was adopted by a viva voce vote. Senator Sibley offered the following amendment to the bill: Floor Amendment No. 3 Amend CSSB 7 in Section 31.002(17), Utilities Code, in SECTION 8 of the bill (Committee Printing page 6, line 31) by striking "own, operate, or control" and substituting "own or operate". | ||
|
The amendment was read and was adopted by a viva voce vote. (Senator Truan in Chair) Senator Bernsen offered the following amendment to the bill: Floor Amendment No. 4 Amend CSSB 7 as follows: In Section 6, Subsection 31.002(19) of the bill (page 6, line 46) by inserting at the end of the subsection: "A utility subject to plenary Federal Energy Regulatory Commission authority may form a separate transmission utility and a separate distribution utility." The amendment was read. On motion of Senator Bernsen and by unanimous consent, Floor Amendment No. 4 was withdrawn. Senator Wentworth offered the following amendment to the bill: Floor Amendment No. 5 Amend CSSB 7 in SECTION 7 of the bill, in amended Section 35.004, Utilities Code, by adding Section 35.004(f) to read as follows: (f) The commission shall allow the reasonable costs of a statewide weather monitoring network in a transmission-owning utility's annual cost of transmission. In this subsection, "weather monitoring network" means a closely spaced automated weather observation network with real-time data collection and dissemination referred to as "MesoNet." The amendment was read. On motion of Senator Sibley, Floor Amendment No. 5 was tabled by the following vote: Yeas 23, Nays 6. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Cain, Carona, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Luna, Moncrief, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, West, Zaffirini. Nays: Brown, Duncan, Ellis, Nixon, Truan, Wentworth. Absent: Madla, Whitmire. Senator Sibley offered the following amendment to the bill: Floor Amendment No. 6 Amend CSSB 7 as follows: (1) In Section 35.103(a), Utilities Code, in SECTION 18 of the bill (Committee Printing page 8, line 66) strike "The" and substitute "Except as provided in Section 35.104, the". (2) In Section 35.104, Utilities Code, in SECTION 18 of the bill (Committee Printing page 9, line 6) insert before "In a certificated" the following new sentence: "Sections 35.102, 35.103, and 35.105 shall not apply to the rates, retail service area, facilities or public retail customers of a municipally owned electric utility that has not adopted customer choice or an electric cooperative that has not adopted customer choice." | ||
|
(3) In Section 35.104, Utilities Code, in SECTION 18 of the bill (Committee Printing page 9, line 7) insert "of an electric utility" between "service area" and "in which customer choice has not been introduced,". (4) In Section 35.105, Utilities Code, in SECTION 18 of the bill (Committee Printing page 9, line 11) strike ", a municipally owned utility, or an electric cooperative". (5) In Section 35.105, Utilities Code, in SECTION 18 of the bill (Committee Printing page 9, line 15) add to the end of the section, "The rates of a municipally owned utility or electric cooperative shall be set in accordance with the provisions of Chapter 40 and 41, respectively." The amendment was read and was adopted by the following vote: Yeas 23, Nays 7. Yeas: Armbrister, Barrientos, Bernsen, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Haywood, Jackson, Lucio, Luna, Moncrief, Nelson, Shapiro, Sibley, Truan, Wentworth, West, Whitmire, Zaffirini. Nays: Bivins, Harris, Lindsay, Nixon, Ogden, Ratliff, Shapleigh. Absent: Madla. Senator Sibley offered the following amendment to the bill: Floor Amendment No. 7 Amend CSSB 7 in Section 37.060(i), Utilities Code, in SECTION 27 of the bill (Committee Printing page 11, lines 38-48) by striking subsection (i) and substituting the following: (i) Notwithstanding Subsection (h), if requested by a municipally owned utility that is providing customer choice to all of its retail customers, the commission shall examine all areas within the municipally owned utility's service area that are also certificated to one or more other retail electric utilities and after notice and hearing, may amend the retail electric utilities' certificates so that only one retail electric utility is certificated to provide distribution services in the area, provided that: (1) the application is filed with the commission within 12 months of the effective date of this provision and is limited to single certification of the area within the municipality's boundaries as of February 1, 1999; (2) the commission preserves the right of an electric utility or an electric cooperative to serve its existing customers including any property owned or leased by any customer; and (3) the municipality is a "member city" of a municipal power agency as that term is used in Section 40.059. The amendment was read. Senator Sibley offered the following amendment to Floor Amendment No. 7: Floor Amendment No. 8 Amend Floor Amendment No. 7 to CSSB 7 as follows: (1) Strike "subsection (h)," on line 4 of the amendment and substitute "any other provision of this section". | ||
|
(2) Strike "that is providing customer choice to all of its retail customers" at lines 5 and 6 of the amendment. The amendment was read and was adopted by a viva voce vote. Question recurring on the adoption of Floor Amendment No. 7 as amended, the amendment as amended was adopted by a viva voce vote. Senator Cain offered the following amendment to the bill: Floor Amendment No. 9 Amend CSSB 7, SECTION 31, Sec. 38.005(c), by inserting "local neighborhood or" between the word "any" and the word "geographic". The amendment was read and was adopted by a viva voce vote. Senator Armbrister offered the following amendment to the bill: Floor Amendment No. 10 Amend CSSB 7 as follows: (1) in SECTION 33, Subsection 39.001(a) of the bill (Committee Printing page 13, line 3), by inserting "The legislature finds that the production and sale of electricity is not by definition or necessity a monopoly warranting regulation of rates, operations, and services, and that the public interest in competitive electric markets requires that, except for transmission and distribution services and for the recovery of stranded costs, electric services and their prices should be determined by customer choices and the normal forces of competition. As a result, this" between "(a)" and "This", and striking "This"; (2) in SECTION 33, Subsection 39.001(b) of the bill (Committee Printing page 13, line 19), by adding at the end of the Subsection "(4) protect the competitive process in a manner that ensures the confidentiality of competitively sensitive information during the transition to a competitive market and after the commencement of customer choice."; (3) in SECTION 33, by adding after the end of Subsection 39.001(b) of the bill (Committee Printing page 13, line 19), "(c) Regulatory authorities shall not make rules or issue orders regulating competitive electric services, prices, or competitors, or restricting or conditioning competition, except as expressly provided in this chapter, and shall not discriminate against any participant, or type of participant, during the transition to a competitive market and in the competitive market."; (4) in SECTION 33, Subdivision 39.607(e)(2) of the bill (Committee Printing page 41, line 41), by striking "or adopted" and adding after the word "commission" at the end of the subdivision "and may submit comments to the commission on such proposed rules"; (5) in SECTION 33, Subdivision 39.607(e)(4) of the bill (Committee Printing page 41, lines 46-47), by inserting ", market power" between "costs" and "and", striking "and market power", inserting ", and regulation" between "power" and "on", and inserting "the normal forces of" between "on" and "competition"; and (6) in SECTION 33, Subsection 39.157(a) of the bill (Committee Printing page 22, lines 38-50), by inserting "For the purposes of this section, "market power abuse" means conduct that violates the prohibitions in Subsection (a), (b), or (c) of Section 15.05 of the Business and Commerce Code. (b)" between "(a)" and | ||
|
"The", inserting "for" between "monitor" and "market", striking ", transmission, distribution,", inserting "may invoke the remedies provided for in Subsection 15.20(a) of the Business and Commerce Code" between "commission" and "shall", striking "shall require reasonable mitigation of the market power by ordering the construction of additional transmission or distribution facilities, by requiring a reduction of generation capacity through the auction of generation capacity entitlements, by setting appropriate restrictions on sales of electricity, by establishing limitations on the use of generation, transmission, or distribution facilities, or by any other reasonable remedy", and adding at the end of the subsection "Alternatively, the commission may refer a finding of market power abuse to the attorney general for investigation and potential suit under Chapter 15, Title 2 of the Business and Commerce Code.". ARMBRISTER BROWN The amendment was read. Senator Armbrister offered the following amendment to Floor Amendment No. 10: Floor Amendment No. 11 Amend Floor Amendment No. 10 to CSSB 7 in Item (3) (page 1, line 25 through page 2, line 1), by striking "expressly provided" and substituting "authorized and by striking "chapter" and substituting "title". Amend Floor Amendment No. 10 to CSSB 7 by striking Item (6). ARMBRISTER BROWN The amendment to Floor Amendment No. 10 was read and was adopted by a viva voce vote. Question recurring on the adoption of Floor Amendment No. 10 as amended, the amendment as amended was adopted by a viva voce vote. Senator Sibley offered the following amendment to the bill: Floor Amendment No. 12 Amend CSSB 7 as follows: (1) In Section 39.052(c), Utilities Code, in SECTION 33 of the bill (Committee Printing page 14, line 20) strike "that was pending before the commission on" and substitute "for which a final order had not been issued by". (2) In Section 39.202(a), Utilities Code, in SECTION 33 of the bill (Committee Printing page 25, line 8) strike "that was pending before the commission on" and substitute "for which a final order had not been issued by". The amendment was read and was adopted by a viva voce vote. Senator West offered the following amendment to the bill: Floor Amendment No. 13 Amend CSSB 7 as follows: (1) In Section 39.101, Utilities Code, as added by SECTION 33 of the bill | ||
|
(Committee Printing, page 15, between lines 68 and 69), insert the following new subsections to read as follows: (c) A retail electric provider, power generation company, aggregator, or other entity that provides retail electric service may not refuse to provide retail electric or electric generation service or otherwise discriminate in the provision of electric service to any customer because of race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, disability, or familial status. A retail electric provider, power generation company, aggregator, or other entity that provides retail electric service may not refuse to provide retail electric or electric generation service to a customer because the customer is located in an economically distressed geographic area or qualifies for low-income affordability or energy efficiency services. The commission shall require a provider to comply with this subsection as a condition of certification or registration. (d) A retail electric provider, power generation company, aggregator, or other entity that provides retail electric service shall submit reports to the commission and office annually and on request relating to the person's compliance with this section. The commission by rule shall specify the form in which a report must be submitted. A report must include: (1) information regarding the extent of the person's coverage; (2) information regarding the service provided, compiled by zip code and census tract; and (3) any other information the commission or office considers relevant to determine compliance. (2) In current Section 39.101(c), Utilities Code, as added by the bill (Committee Printing, page 15, line 69), strike "(c)" and substitute "(e)". (3) In current Section 39.101(c), Utilities Code, as added by the bill (Committee Printing, page 16, lines 2 and 7), strike "Subsections (a) and (b)" both times it appears and substitute "Subsections (a)-(d)". (4) In current Section 39.101(d), Utilities Code, as added by the bill (Committee Printing, page 16, line 10), strike "(d)" and substitute "(f)". The amendment was read and was adopted by a viva voce vote. RECORD OF VOTE Senator Brown asked to be recorded as voting "Nay" on the adoption of Floor Amendment No. 13. Senator Nixon offered the following amendment to the bill: Floor Amendment No. 14 Amend CSSB 7 in Section 39.102, Utilities Code, as added by SECTION 33 of the bill (Committee Report Printing, page 16, between lines 34 and 35), by adding a new Section 39.102(d) to read as follows: (d) If a retail customer previously submitted testimony or evidence before the commission in favor of the construction or expansion of a nuclear or coal generation facility for which an electric utility is recovering stranded costs under this title, the customer may not choose another retail electric provider until the electric utility recovers all those stranded costs. | ||
|
The amendment was read. On motion of Senator Sibley, Floor Amendment No. 14 was tabled by the following vote: Yeas 30, Nays 1. Nays: Nixon. Senator Ratliff offered the following amendment to the bill: Floor Amendment No. 15 Amend CSSB 7 as follows: (1) In Subchapter C, Chapter 39, Utilities Code, as added by SECTION 33 of the bill (page 16, line 35), insert a new Section 39.1025, Utilities Code, to read as follows: Sec. 39.1025. SELECTION OF PROVIDER BY MUNICIPALITY. (a) Notwithstanding any other provision of this title, on or before December 31, 2001, the governing body of a municipality may notify the commission that the municipality intends to act as the sole negotiator for the purchase of electricity from retail electric providers for all residential and small commercial customers in the municipality after the introduction of customer choice. (b) The municipality may not notify the commission under Subsection (a) unless the governing body of the municipality adopts an ordinance designating the municipality as the sole negotiator for the purchase of electricity from retail electric providers for all residential and small commercial customers in the municipality. (c) On or after January 1, 2004, the governing body of the municipality shall call an election on the question of continuing to serve as the sole negotiator if the governing body receives a petition requesting the election signed by a number of registered voters of the municipality equal to at least five percent of the total vote received in the municipality by all the candidates for governor in the most recent gubernatorial general election. (d) If a majority of the qualified voters of the municipality voting at the election called for that purpose vote in favor of allowing the municipality to continue to serve as the sole negotiator: (1) the municipality shall continue this duty; and (2) another election on the question may not be held before the second anniversary of the date of the most recent election on that question. (e) If a majority of the qualified voters of the municipality voting at the election called for that purpose vote against allowing the municipality to continue to serve as the sole negotiator, each residential and small commercial customer in the municipality shall have customer choice in accordance with this subtitle on and after the 30th day after the date the election results are official. (f) The retail electric provider serving residential and small commercial customers in a municipality that votes against allowing the municipality to continue to serve as the sole negotiator may continue to serve a residential or small commercial customer in the municipality until the customer chooses service from a different retail electric provider. (g) The Election Code governs an election held under this section. (2) In Subchapter H, Chapter 39, Utilities Code, as added by SECTION 33 of the bill (page 38, line 55), insert a new Section 39.3545 to read as follows: Sec. 39.3545. MUNICIPALITY NOT REQUIRED TO OBTAIN CERTIFICATION OR TO REGISTER. A municipality acting as the sole negotiator for the purchase of electricity from retail electric providers for residential | ||
|
and small commercial customers in the municipality under Section 39.1025 is not required to obtain certification as an aggregator under Section 39.353 or to register as a municipal aggregator under Section 39.354. The amendment was read. Senator Ratliff offered the following amendment to Floor Amendment No. 15: Floor Amendment No. 16 Amend Floor Amendment No. 15 to CSSB 7 as follows; (1) Amend proposed Section 39.1025, Utilities Code, by adding Subsections (h), (i), and (j) as follows: "(h) The governing body of a municipality may, at any time, adopt an ordinance excusing itself from serving as the sole negotiator for the purchase of electricity for all residential and small commercial retail customers in the municipality. At such time, each residential and small commercial retail customer in the municipality shall have customer choice in accordance with this subtitle on and after the 30th day after the ordinance was adopted. (i) The retail electric provider serving residential and small commercial retail customers in a municipality whose governing body votes to discontinue serving as the sole negotiator may continue to serve a residential or small commercial retail customer in the municipality until the customer chooses service from a different retail electric provider. (j) This section does not apply to a municipality that owns its own utility or that is a member city, as that term is defined by 40.059(a)." (2) Amend the title of proposed Section 39.3545, Utilities Code, by striking "OBTAIN CERTIFICATION OR TO". (3) Amend proposed Section 39.3545, Utilities Code, by striking "obtain certification" and substituting "register". The amendment to Floor Amendment No. 15 was read and was adopted by a viva voce vote. Question recurring on the adoption of Floor Amendment No. 15 as amended, the amendment as amended failed of adoption by a viva voce vote. Senator Bernsen offered the following amendment to the bill: Floor Amendment No. 17 Amend CSSB 7 as follows: In Section 28, Subsection 39.104(c) of the bill (page 16, line 53) by inserting "within the State" at the end of the line following "area" and before "amounting" on line 54 and by inserting "within the State" after the word "load" and before the word "of" on line 54. The amendment was read and was adopted by a viva voce vote. Senator Nixon offered the following amendment to the bill: Floor Amendment No. 18 Amend CSSB 7 in Section 39.104, Utilities Code, as added by SECTION 33 of the | ||
|
bill (Committee Report Printing, page 17, between lines 12 and 13), by adding a new Subsection (k) to Section 39.104 to read as follows: (k) In a power region in which customer choice is delayed under Section 39.103, the commission shall establish a pilot program in accordance with the requirements prescribed by Subsections (d)-(j). The commission shall determine the duration of the pilot program and the level of participation based on the market conditions of the region. The amendment was read. On motion of Senator Sibley, Floor Amendment No. 18 was tabled by a viva voce vote. Senator Nixon offered the following amendment to the bill: Floor Amendment No. 19 Amend CSSB 7 in Section 39.151(c), Utilities Code, as added by SECTION 33 of the bill (Committee Report Printing, page 18, line 67), by adding the following after "functions set out in this section.": The commission shall supervise the formation of an independent organization to perform the regulatory functions prescribed by Subsection (a) for a power region that is located wholly or partly in this state but is not located within ERCOT. The independent organization shall file for approval from the appropriate regulatory bodies not later than December 31, 2001. The commission shall cooperate with other regulatory bodies as necessary. The amendment was read. On motion of Senator Armbrister, Floor Amendment No. 19 was tabled by a viva voce vote. (Senator Brown in Chair) Senator Sibley offered the following amendment to the bill: Floor Amendment No. 20 Amend CSSB 7 as follows: (1) In Section 39.152(a)(3), Utilities Code, in SECTION 33 of the bill (Committee Printing page 19, line 62), insert at the end of the subdivision before the period ", as determined according to Section 39.154, when customer choice is introduced". (2) In Section 39.154(a), Utilities Code, in SECTION 33 of the bill (Committee Printing page 21, lines 6-7) strike ", which capacity is available for sale to others". (3) In Section 39.154, Utilities Code, in SECTION 33 of the bill (Committee Printing page 21, line 18) insert the following new subsection (d): (d) In this chapter, "installed generation capacity" means all potentially marketable electric generation capacity, including the capacity of: (1) generating facilities that are connected with a transmission or distribution system; (2) generating facilities used to generate electricity for consumption by the | ||
|
person owning or controlling the facility; and (3) generating facilities for which the Texas Natural Resource Conservation Commission has issued a permit authorizing the initiation of construction and which are anticipated to be in operation within two years." The amendment was read and was adopted by a viva voce vote. Senator Cain offered the following amendment to the bill: Floor Amendment No. 21 Amend CSSB 7 in Section 39.157 as added by SECTION 33 of the bill (Committee Printing page 23, lines 7-9), by striking Subsection (f) and substituting the following new Subsection (f): "(f) On a finding, after notice and opportunity for hearing, that a power generation company has engaged in predatory pricing, the commission may invoke the remedies provided for in Subsection 15.20(a) of the Business and Commerce Code. Alternatively, the commission may refer a finding of predatory pricing to the attorney general for investigation and potential suit under Chapter 15, Title 2 of the Business and Commerce Code. The commission shall not find that a power generation company has engaged in predatory pricing unless it is established that the following elements are met: (1) the power generation company has an objectively reasonable expectation of recouping its losses due to the alleged predatory pricing by charging higher prices later, that is, predatory pricing is economically feasible; and (2) one of the following is met: (A) the price charged is below average variable cost; or (B) the following conditions exist: (i) there are substantial barriers to market entry; (ii) the power generation company is charging a price below its short-run profit-maximizing price and its average total cost; and (iii) the benefits of the power generation company's price depended on its tendency to discipline or eliminate competition and thereby enhance the firm's long-term ability to reap the benefits of monopoly power." The amendment was read. Senator Cain offered the following amendment to Floor Amendment No. 21: Floor Amendment No. 22 Amend Floor Amendment No. 21 to CSSB 7 as follows: In Section 39.157 (Committee Printing page 23, lines 7-9) strike Subsection (f) and substitute the following: (f) The commission may impose administrative penalties, or take another action under Subchapter B, Chapter 15, on a finding, after notice and opportunity for hearing, that a power generation company has engaged in predatory pricing. In determining whether a power generation company has engaged in predatory pricing, the commission shall apply the elements for a finding of predatory pricing under Section 15.05(a) and (b) of the Business and Commerce Code, as applied by the courts of this state. | ||
|
The amendment to Floor Amendment No. 21 was read and was adopted by a viva voce vote. Question recurring on the adoption of Floor Amendment No. 21 as amended, the amendment as amended was adopted by a viva voce vote. Senator Sibley offered the following amendment to the bill: Floor Amendment No. 23 Amend CSSB 7 as follows: 1) In Section 39.202(e), Utilities Code, in SECTION 33 of the bill (Committee Printing page 25, line 34), by striking "provided" and substituting "committed to be served". (2) In Section 39.202, Utilities Code, in SECTION 33 of the bill (Committee Printing page 25, lines 36-44) strike subsections (f) and (g) and substitute the following: (f) The following standards shall be used for measuring electric power consumption during the period prior to the onset of customer choice: (1) the consumption of residential and small commercial customers with an annual peak demand less than or equal to 20 kilowatts shall be based on the average annual consumption of those respective groups during the year 2000; and (2) consumption for all small commercial customers with an annual peak demand larger than 20 kilowatts shall be based on each customer's usage during the year 2000. If less than 12 months of consumption history exists for any such customer, then the usage history shall be supplemented with the prior history of that customer's location. For service to a new location, the annual consumption shall be determined as the transmission and distribution utility's estimate of the maximum annual kilowatt demand used in sizing the electric service to that customer multiplied by 8,760 hours, and that product multiplied by the average annual customer load factor for small commercial customers with loads greater than 20 kilowatts for the year 2000. (g) Upon determining that its affiliated retail electric provider has met the requirements of Subsection (e), an electric utility or a transmission and distribution utility shall make a filing with the commission attesting to the fact that those requirements have been met and that the restrictions of this section are no longer applicable. The commission shall accept or reject such filing within 30 days. The amendment was read and was adopted by a viva voce vote. Senator Nixon offered the following amendment to the bill: Floor Amendment No. 24 Amend CSSB 7 as follows: (1) In Section 39.202, Utilities Code, as added by SECTION 33 of the bill (Committee Report Printing, page 25, between lines 65 and 66), add a new Section 39.202(l) to read as follows: (l) An unaffiliated retail electric provider may not charge for an industrial-type customer class a rate per kilowatt hour that is more than 50 percent below the price charged to residential and small commercial customers while the price to beat applies. (2) In Section 39.352, Utilities Code, as added by SECTION 33 of the bill (Committee Report Printing, page 38, between lines 27 and 28), add a new | ||
|
Section 39.352(g) to read as follows: (g) The commission shall require a retail electric provider to offer service to residential and small commercial customers at a competitive rate as a condition of certification. The amendment was read. On motion of Senator Sibley, Floor Amendment No. 24 was tabled by a viva voce vote. Senator Ogden offered the following amendment to the bill: Floor Amendment No. 25 Amend CSSB 7 by adding subsection (l) to Section 39.202 of the bill (page 25, after line 65, Senate committee printing) to read as follows: "If the affiliated retail electric provider forgoes its right to recover stranded costs, it is not subject to the provisions of this section.". The amendment was read. On motion of Senator Ogden and by unanimous consent, Floor Amendment No. 25 was withdrawn. Senator Ogden offered the following amendment to the bill: Floor Amendment No. 26 Amend CSSB 7 as follows: (1) On page 26, after line 65, Senate committee printing, add Section 39.206 to read as follows: "Sec. 39.206 Rate For State Agencies And Public School Districts. (a) Notwithstanding any other provision of the title, in areas served by electric cooperatives and municipally owned utilities that have elected not to provide customer choice, state agencies and public school districts may not be charged a rate for power that is higher than the price to beat in the nearest qualifying power region or the lowest rate provided any customer of the electric cooperative or municipally owned utility, whichever is less.". (2) On page 42, line 9, Senate committee printing, insert "39.206," before "39.603". (3) On page 47, line 27, Senate committee printing, insert "39.206," before "39.603". The amendment was read. Senator Ogden offered the following amendment to Floor Amendment No. 26: Floor Amendment No. 27 Amend Floor Amendment No. 26 to CSSB 7 by striking line 10 through 12 and substituting " power region.". The amendment to Floor Amendment No. 26 was read and was adopted by a | ||
|
viva voce vote. Question-Shall Floor Amendment No. 26 as amended be adopted? On motion of Senator Sibley, Floor Amendment No. 26 as amended was tabled by the following vote: Yeas 24, Nays 6. Yeas: Armbrister, Barrientos, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Lindsay, Lucio, Madla, Moncrief, Nelson, Shapiro, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire, Zaffirini. Nays: Bernsen, Bivins, Jackson, Nixon, Ogden, Ratliff. Absent: Luna. (President in Chair) Senator Barrientos offered the following amendment to the bill: Floor Amendment No. 28 Amend CSSB 7 by deleting the existing Sec. 39.253 (page 27, lines 62-69 and page 28, lines 1-2) and inserting the following: Sec. 39.253. ALLOCATION OF STRANDED COSTS. (a) In allocating retail stranded costs among retail customer classes, the commission shall determine a cost allocation methodology which incorporates the following: (1) the type of generation plant for which stranded costs exist; (2) the load that the plant serves; (3) each customer class' average demand throughout the year for the output of the plant. (b) Except as provided in Sec. 39.262(k), no customer or customer class shall avoid the obligation of paying these costs. The amendment was read. On motion of Senator Sibley, Floor Amendment No. 28 was tabled by the following vote: Yeas 19, Nays 12. Yeas: Armbrister, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Harris, Haywood, Jackson, Lindsay, Moncrief, Nelson, Ogden, Ratliff, Shapiro, Sibley, Wentworth. Nays: Barrientos, Bernsen, Gallegos, Lucio, Luna, Madla, Nixon, Shapleigh, Truan, West, Whitmire, Zaffirini. Senator Sibley offered the following amendment to the bill: Floor Amendment No. 29 Amend CSSB 7 as follows: (1) In Section 39.257(b), Utilities Code, in SECTION 33 of the bill (Committee Printing page 28, line 68) insert a comma after "36.205" and strike the word "and" before "the revenues received". (2) In Section 39.257(b), Utilities Code, in SECTION 33 of the bill | ||
|
(Committee Printing page 29, line 1) insert "revenues associated with transition charges as defined by Section 39.302," between "35.007," and "and annual costs". The amendment was read and was adopted by a viva voce vote. Senator Sibley offered the following amendment to the bill: Floor Amendment No. 30 Amend CSSB 7 as follows: (1) In Section 39.301, Utilities Code, in SECTION 33 of the bill (Committee Printing page 34, line 19) add at the end of the section after the period, "The savings associated with securitization shall work to the benefit of ratepayers. The amount securitized may not exceed the present value of the revenue requirement over the life of the proposed transition bond associated with the regulatory assets or stranded costs sought to be securitized. The present value calculation shall use a discount rate equal to the proposed interest rate on the transition bonds." (2) In Section 39.262(a), Utilities Code, in SECTION 33 of the bill (Committee Printing page 30, line 28) strike the word "subchapter" and substitute "chapter". The amendment was read and was adopted by a viva voce vote. Senator Cain offered the following amendment to the bill: Floor Amendment No. 31 Amend CSSB 7 in Section 39.352, as added by SECTION 33 of the bill (Committee Printing, page 38, lines 20-22), by striking Subsection (d) and substituting the following: "(d) Notwithstanding Subdivisions (b)(1)-(3), if a retail electric provider files with the commission a signed, notarized affidavit from each retail customer with which it has contracted to provide one megawatt or more of capacity stating that the customer is satisfied that the retail electric provider meets the standards set forth in Subdivisions (b)(1)-(3) and Subsection (c), the retail electric provider shall be certified for purposes of serving those customers only, so long as it demonstrates that it meets the requirements of Subdivision (b)(4)." The amendment was read and was adopted by a viva voce vote. Senator Cain offered the following amendment to the bill: Floor Amendment No. 32 Amend CSSB 7, Sec. 39.353 by amending subsection (d) adding new subsections (f) and (g) as follows: (d) The commission
(e) An aggregator may register anytime after September 1, 2000. (f) The commission shall have up to sixty (60) days to process applications for certification filed by aggregators. (g) A certification is not required of a customer that is aggregating loads from its own location or facilities. The amendment was read. Senator Cain offered the following amendment to Floor Amendment No. 32: | ||
|
Floor Amendment No. 33 Amend Floor Amendment No. 32 to CSSB 7 as follows: (1) In Subsection (f) as proposed by the Cain amendment, strike the word "certification" and substitute "registration". (2) In Subsection (g) as proposed by the Cain amendment, strike the word "certification" and substitute the word "registration". The amendment was read and was adopted by a viva voce vote. Question recurring on the adoption of Floor Amendment No. 32 as amended, the amendment as amended was adopted by a viva voce vote. Senator Barrientos offered the following amendment to the bill: Floor Amendment No. 34 (1) Amend CSSB 7, Sec. 39.603 (page 40, line 29) by adding the words, "provided by subsections (d) through (j)" after the words "low-income electric customers". (2) Amend CSSB 7, Sec. 39.603 (page 40) by deleting lines 34 through 36, and replacing them with the following: (d) Notwithstanding Sec. 39.106(b), the commission shall adopt rules regarding programs to assist low-income electric customers. Such programs shall include: (1) Reduced electric rates as provided by subsections (e) through (j); and (2) targeted energy efficiency programs to be administered by the Texas Department of Housing and Community Affairs in coordination with existing weatherization programs. (e) Until January 1, 2002, or such time as customer choice is in effect, an electric utility may not reduce, in any manner, programs already offered to assist low-income customers. (f) Following the introduction of customer choice, the commission shall adopt rules to determine a reduced rate to be discounted off the standard retail service package as approved by the commission pursuant to Sec. 39.106, or the "price to beat" established by Sec. 39.202, whichever is lower. (g) The commission may provide for a reduced rate: (1) during periods when severe weather occurs or is likely to occur; or (2) for customers living in all-electric dwelling units or who depend on electrically-operated medical equipment. (h) A retail electric provider not subject to the "price to beat" shall be reimbursed for the difference between the reduced rate and the rate established pursuant to Sec. 39.106. A retail electric provider who is subject the "price to beat" shall be reimbursed for the difference between the reduced rate and the "price to beat." (i) A retail electric provider is prohibited from charging the customer a fee for participation in the reduced rate program. (j) For the purposes of this section, a "low-income electric customer" is an electric customer who is a qualifying low-income consumer as defined by the commission. The amendment was read and was adopted by a viva voce vote. RECORD OF VOTE | ||
|
Senator Gallegos asked to be recorded as voting "Nay" on the adoption of Floor Amendment No. 34. Senator Cain offered the following amendment to the bill: Floor Amendment No. 35 Amend CSSB 7, by striking Sec. 39.604 and substituting the following: Sec. 39.604. GOAL FOR RENEWABLE ENERGY. (a) It is the intent of the legislature that by January 1, 2007, renewable energy technologies shall constitute not less than five percent of annual retail electric energy sales in the state. (b) The introduction of competition and retail customer choice may create opportunities that will stimulate the economic development of renewable energy technologies in the state to a level that achieves the goal of Subsection (a) through reliance on market forces alone. (c) Each retail electric provider, municipally owned utility, and electric cooperative operating in the state shall obtain a minimum of one percent of its annual energy requirements from renewable energy technologies by January 1, 2002, 1.5 percent by January 1, 2004, and three percent by January 1, 2007. (d) The commission shall establish a renewable energy credits trading program. Any retail electric provider, municipally owned utility, or electric cooperative that does not satisfy the requirement of Subsection (c) shall purchase sufficient renewable energy credits to satisfy the requirement by holding renewable energy credits in lieu of capacity from renewable technologies. (e) In this section, "renewable energy technology" means any technology that exclusively relies on an energy source that is naturally regenerated over a short time and derived directly from the sun, indirectly from the sun, or from moving water other natural movements and mechanisms of the environment. Renewable energy technologies include, but are not restricted to, those that rely on energy derived directly from the sun; on wind geothermal, hydroelectric, wave or tidal energy; or on biomass or biomass-based waste products. A renewable energy technology does not rely on energy resources derived from fossil fuels, waste products from fossil fuels, or waste products from inorganic sources. The amendment was read. Senator Cain offered the following amendment to Floor Amendment No. 35: Floor Amendment No. 36 Amend Floor Amendment No. 35 to CSSB 7 as follows: (1) In Section 39.604, strike Subsections (a), (b), and (c) and substitute the following: (a) Each retail electric provider, municipally owned utility, and electric cooperative operating in the state shall obtain a minimum of 1.65 percent of its annual capacity requirements from renewable energy technologies by January 1, 2003, 2.15 percent of its annual capacity requirements from renewable energy technologies by January 1, 2005, 2.75 percent of its annual capacity requirements from renewable energy technologies by January 1, 2007, and 3 percent of its annual capacity requirements from renewable energy technologies by January 1, 2009. (2) In Subsection 39,604(d) as proposed by the Cain amendment, re-letter | ||
|
"Subsection (d)" as "Subsection (b)" and strike the reference to "Subsection (c)" and substitute "Subsection (a)". (3) In Subsection 39.604(e) as proposed by the Cain amendment, re-letter "Subsection (e)" as "Subsection (c)". The amendment to Floor Amendment No. 35 was read and was adopted by a viva voce vote. Question recurring on the adoption of Floor Amendment No. 35 as amended, the amendment as amended was adopted by a viva voce vote. Senator Sibley offered the following amendment to the bill: Floor Amendment No. 37 Amend CSSB 7 in Section 40.003, Utilities Code, in SECTION 33 of the bill (Committee Printing pages 42-43, lines 37-69 and lines 1-14 respectively) by striking Section 40.003 and substituting the following: Sec. 40.003. SECURITIZATION. (a) Municipally owned utilities and river authorities may adopt and use securitization provisions having the effect of the provisions set out in Subchapter G, Chapter 39, to recover through appropriate charges their stranded costs, at a recovery level deemed appropriate by the municipally owned utility or river authority up to 100 percent, under rules and procedures that shall be established: (1) in the case of a municipally owned utility, by the municipal governing body or a body vested with the power to manage and operate the municipally owned utility, including procedures providing for rate orders of such governing body having the effect of financing orders, providing for a separate nonbypassable charge approved by such governing body, in the nature of a transition charge, to be collected from all retail electric customers of the municipally owned utility, identified as of a date determined by such governing body, to fund the recovery of the stranded costs of the municipally owned utility and of all reasonable related expenses, as determined by such governing body, and providing for the issuance of bonds, having a term and other characteristics as determined by such governing body, as necessary to recover the amount deemed appropriate by such governing body through securitization financing; and (2) in the case of a river authority, by the commission. (b) In order to implement securitization financing pursuant to the rules and procedures established by and for a municipally owned utility under Subsection (a)(1), municipalities are hereby expressly authorized and empowered to issue bonds, notes or other obligations, including refunding bonds, payable from and secured by a lien on and pledge of the revenues collected under an order of the governing body of such municipality, and such bonds shall be issued, without an election or any requirement of giving notice of intent to issue the same, by ordinance adopted by the governing body of the municipality in such form and manner and sold on a negotiated basis or upon receipt of bids and on such terms and conditions as shall be determined by the governing body of such municipality. (c) Bonds issued pursuant to authority conferred under Subsection (a)(1) and (2) and Subsection (b) may be issued in such form and manner, with or without credit enhancement or liquidity enhancement and using such procedures as provided in Article 717k-6, Vernon's Ann. Civ. St., as amended, or other laws applicable to the | ||
|
issuance of bonds, including Article 717q, Vernon's Ann. Civ. St., Article 717k, Vernon's Ann. Civ. St., and Article 1118n-12, Vernon's Ann. Civ. St., as if such laws were fully restated herein and made a part hereof for all purposes, and a municipality or river authority shall have the right and authority to use such other laws, notwithstanding any applicable restrictions contained therein, to the extent convenient or necessary to carry out any power or authority, express or implied, granted under this Section 40.003, in the issuance of bonds by a municipality or river authority in connection with securitization financing; but the provisions herein contained shall be wholly sufficient authority for the issuance of bonds, notes or other obligations, including refunding bonds, and the performance of the other acts and procedures authorized hereby, without reference to any other laws or any restrictions or limitations contained therein; and to the extent of any conflict or inconsistency between the provisions of this authorization and any provisions of any other law or home rule charter, the authorization and power to issue bonds conferred on municipalities or river authorities under this Section 40.003 shall prevail and control. (d) The rules and procedures for securitization established by the commission under Subsection (a)(2) shall include procedures for the recovery of qualified costs pursuant to the terms of a financing order adopted by the governing body of the river authority. (e) The rules and procedures for securitization established by the commission under Subsection (a)(2) shall include rules and procedures for the issuance of transition bonds. Findings made by the governing body of a river authority in a financing order issued pursuant to the rules and procedures described in this subsection shall be conclusive, and any nonbypassable transition charge incorporated in such rate order to recover the principal, interest, and all reasonable expenses associated with any transition bonds shall constitute property rights, as described in Subchapter G, Chapter 39, and otherwise conform in all material respects to the nonbypassable transition charges set forth in Subchapter G, Chapter 39. (f) The rules and procedures established under this section shall be consistent with other law applicable to municipally owned utilities and river authorities and with the terms of any resolutions, orders, charter provisions or ordinances authorizing outstanding bonds or other indebtedness of the municipalities or river authorities. The amendment was read and was adopted by a viva voce vote. Senator Ogden offered the following amendment to the bill: Floor Amendment No. 38 Amend CSSB 7 by adding subsection (c) to Section 40.052 of the bill (page 43, after line 68, Senate committee printing) to read as follows: "(c) A municipally owned utility that chooses not to participate in customer choice has a duty to notify and inform its customers on or before March 31, 2002, of the rate they are being charged for electricity compared to the price to beat rate in the nearest qualifying power region.". Amend CSSB 7 by adding subsection (e) to Section 41.052 of the bill (page 49, after line 1, Senate committee printing) to read as follows: "(c) An electric cooperative that chooses not to participate in customer choice has a duty to notify and inform its customers on or before March 31, 2002, of the rate they | ||
|
are being charged for electricity compared to the price to beat rate in the nearest qualifying power region.". The amendment was read. Senator Ogden offered the following amendment to Floor Amendment No. 38: Floor Amendment No. 39 Amend Floor Amendment No. 38 to CSSB 7 as follows: (1) On line 5, insert after "customers" and before "on" the words "by way of notice published in a general circulation newspaper or by mail". (2) On line 12, insert after "customers" and before "on" the words "by way of notice published in a general circulation newspaper or by mail". The amendment to Floor Amendment No. 38 was read and was adopted by a viva voce vote. Question-Shall Floor Amendment No. 38 as amended be adopted? On motion of Senator Sibley, Floor Amendment No. 38 as amended was tabled by a viva voce vote. Senator Ogden offered the following amendment to the bill: Floor Amendment No. 40 Amend CSSB 7 as follows: (1) On page 46, Senate committee printing, strike line 53 through line 58, Senate committee printing and insert the following: "tax-exempt debt to member cities, or any other method.". The amendment was read. On motion of Senator Cain, Floor Amendment No. 40 was tabled by a viva voce vote. Senator Cain offered the following amendment to the bill: Floor Amendment No. 41 Amend CSSB 7, Sec. 40.059, by adding a new subsection (g) to read as follows: (g) The municipal power agency, or its successor(s) in interest, may at its option, use the rate of return method for calculating its transmission cost of service. If the rate of return method is used, then, the return component for the transmission cost of service revenue requirement shall be sufficient to meet the transmission function's pro-rata share of levelized debt service, and debt service coverage (1.50) and other annual debt obligations; provided that, the total levelized debt service does not exceed the total debt service under the current payment schedule. Any additional revenue generated by the foregoing methodology shall be applied to reduce the agency's outstanding indebtedness. The amendment was read and was adopted by a viva voce vote. | ||
|
Senator Cain offered the following amendment to the bill: Floor Amendment No. 42 Amend CSSB 7, SECTION 47, by striking subdivision (1) [Committee printing page 59, lines 8-18] and substituting the following: (1) "Utility Company" means a person: (A) who owns or operates a
gas (B) who owns or operates an electric light or electric power works, or light plant used for local sale and distribution located within an incorporated city or town in this state, or who is a retail electric provider as that term is defined in Section 31.002, Utilities Code, that makes local sales within an incorporated city or town in this state; provided, however, that a person who owns an electric light or electric power or gas plant used for distribution but who does not make retail sales to the ultimate consumer within an incorporated city or town in this state is not included in this definition. The amendment was read and was adopted by a viva voce vote. On motion of Senator Sibley and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSB 7 as amended was passed to engrossment by a viva voce vote. RECORD OF VOTES Senators Barrientos, Nixon, and Truan asked to be recorded as voting "Nay" on the passage of the bill to engrossment. COMMITTEE SUBSTITUTE SENATE BILL 7 ON THIRD READING Senator Sibley moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 7 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 2. Yeas: Armbrister, 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, West, Whitmire, Zaffirini. Nays: Barrientos, Wentworth. CSSB 7 was read third time and was passed by a viva voce vote. RECORD OF VOTES Senators Barrientos, Nixon, and Truan asked to be recorded as voting "Nay" on the final passage of the bill. NOTICE GIVEN FOR LOCAL AND UNCONTESTED CALENDAR Senator Harris announced that a Local and Uncontested Calendar had been furnished to each Member of the Senate. He then gave notice that the Local and | ||
|
Uncontested Calendar Session would be held at 9:00 a.m. tomorrow and that all bills and resolutions would be considered on second and third reading in the order in which they were listed. SENATE RULE 11.10 SUSPENDED (Posting Rule) On motion of Senator Lucio and by unanimous consent, Senate Rule 11.10 was suspended in order that the Committee on Border Affairs might meet tomorrow. MOTION TO ADJOURN On motion of Senator Truan and by unanimous consent, the Senate at 5:41 p.m. agreed to adjourn, upon conclusion of the Local and Uncontested Calendar Session, until 10:00 a.m. tomorrow. MEMORIAL RESOLUTION SR 439 - by Ellis: In memory of the Reverend Elisha Reginald Green of Houston. CONGRATULATORY RESOLUTIONS SR 433 - by Lindsay: Congratulating Steven Shanley of Houston. SR 434 - by Ellis: Congratulating Brother James Barrette of the Diocese of Galveston-Houston. SR 435 - by Cain: Congratulating James O. Daughtry of Tyler. SR 436 - by Cain: Congratulating Marty Walker of Dallas. SR 438 - by Cain, Ratliff: Congratulating the Winnsboro High School Lady Raiders basketball team. SR 440 - by Cain: Congratulating Robert H. Dedman. HCR 136 - (Whitmire): Recognizing the Saint Ambrose Catholic School rugby team. MISCELLANEOUS RESOLUTIONS SR 382 - by Nixon: Recognizing March 17, 1999, as Shelby County Day at the State Capitol. SR 437 - by Barrientos: Recognizing March 22, 1999, as American Association of Retired Persons Legislative Day at the Capitol. RECESS On motion of Senator Truan, the Senate at 5:41 p.m. recessed until 9:00 a.m. tomorrow for the Local and Uncontested Calendar Session. | ||
|
APPENDIX
COMMITTEE REPORTS The following committee reports were received by the Senate: March 17, 1999 ADMINISTRATION - SCR 37 HUMAN SERVICES - CSSB 499, SB 451, SB 1293 VETERAN AFFAIRS AND MILITARY INSTALLATIONS - CSSB 526 ECONOMIC DEVELOPMENT - CSSB 970 HEALTH SERVICES - SB 730, SB 968, SB 780, SB 524 NATURAL RESOURCES - SB 874 JURISPRUDENCE - SCR 21 (Amended), SB 422, CSSB 384, SB 952, SB 609, SB 620, SB 547, SB 409 HEALTH SERVICES - SB 1197 (Amended) SENT TO GOVERNOR March 17, 1999 SB 472 | ||