The Senate met at 10:00 a.m. pursuant to adjournment and was called to order by the President.

The roll was called and the following Senators were present: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Luna, Madla, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire, Zaffirini.

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

Senate Doorkeeper Don Long offered the invocation as follows:

Heavenly Father, You made mankind in Your own likeness and You love what You have made. Give those whom You have placed in seats of honor and power, as Senators of Texas, a sense of awe and respect before You as their creator and Lord.

We ask that Your grace descend in abundance upon our Governor and Lieutenant Governor during this legislative session. Use the leadership of these two men as a means of counsel for the good of all the citizens of Texas. Encourage them to pursue the truth of human history and to learn from that truth. Please keep them from all harm and danger this day. God bless each and every one in this Senate Chamber today. 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 37

On motion of Senator Ellis and by unanimous consent, Senator Whitmire will be shown as Co-author of SB 37.

CO-AUTHOR OF SENATE BILL 862

On motion of Senator Gallegos and by unanimous consent, Senator Nixon will be shown as Co-author of SB 862.

PERMISSION TO INTRODUCE BILLS

On motion of Senator Truan and by unanimous consent, Senate Rule 7.07(b) and Section 5, Article III of the Texas Constitution were suspended to permit the introduction of the following bills: SB 4, SB 1823.

SENATE BILLS AND RESOLUTIONS ON FIRST READING

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

SB 4 by Bivins, Shapleigh, West

Relating to public school finance and to public education.

To Committee on Education.

SB 1822 by Fraser

Relating to the creation, administration, powers, duties, operations, and financing of Horseshoe Bay Water Control and Improvement District No. 1, Horseshoe Bay

Water Control and Improvement District No. 2, and Horseshoe Bay Water Control and Improvement District No. 3; granting authority for taxation and bonds and the power of eminent domain. (Local Bill)

To Committee on Natural Resources.

SB 1823 by Truan, Lucio

Relating to the form of a proposal guaranty for a contract of the Texas Department of Transportation.

To Committee on State Affairs.

SCR 51 by Haywood

Urging the governor to exercise his authority under Section 431.060, Government Code, to promote Colonel Elkins to the rank of Brigadier General.

To Committee on Administration.

The following resolutions, filed on March 12, 1999, were introduced, read first time, and referred to the committees indicated:

SJR 34 by Lucio, Truan, Zaffirini, Shapleigh

Proposing a constitutional amendment providing for the issuance of bonds to provide funds for low-income owner-built housing.

To Committee on Intergovernmental Relations.

SJR 35 by Lucio, Ellis, Truan, Madla

Proposing a constitutional amendment providing for the issuance of bonds to augment funds for moderate and low income housing.

To Committee on Intergovernmental Relations.

SJR 36 by Cain

Proposing a constitutional amendment to authorize an exemption or other relief from ad valorem taxation for commercial tangible personal property if the property is voluntarily rendered for taxation.

To Committee on Finance.

SJR 37 by Harris

Proposing a constitutional amendment relating to the application of equity loan law to cooperative membership fees and certificates.

To Committee on State Affairs.

SJR 38 by Ratliff

Proposing a constitutional amendment relating to contributions made to the Teacher Retirement System of Texas by the state and by individuals participating in the system.

To Committee on Education.

SJR 39 by Duncan

Proposing a constitutional amendment to exempt from ad valorem taxation certain tangible personal property held temporarily for assembling, manufacturing, processing, or other commercial purposes.

To Committee on Finance.

SJR 40 by Ogden, Duncan

Proposing a constitutional amendment to authorize the legislature to exempt from ad valorem taxation certain property of certain fraternal organizations which were

chartered by the Congress of the Republic of Texas or were organized for the mutual benefit of its members and their beneficiaries.

To Committee on Finance.

SJR 41 by Madla, Haywood

Proposing a constitutional amendment to allow a public school teacher or faculty member of a public institution of higher education to serve as a member of the legislature.

To Committee on State Affairs.

SJR 42 by Brown, Haywood

Proposing a constitutional amendment allowing the state to create a program involving the issuance of bonds backed by money received from the tobacco settlement to meet the vital infrastructure needs of the state.

To Committee on Finance.

SJR 43 by Ellis

Proposing a constitutional amendment requiring the reapportionment of the courts of appeals districts.

To Committee on Jurisprudence.

HOUSE BILLS AND RESOLUTION ON FIRST READING

The following bills and resolution received from the House were read first time and referred to the committees indicated:

HB 229 to Subcommittee on Higher Education.

HB 251 to Committee on Jurisprudence.

HB 1121 to Committee on Criminal Justice.

HCR 59 to Committee on Natural Resources.

CAPITOL PHYSICIAN

Senator Duncan was recognized and presented Dr. Hugh H. Wilson of Hale Center as the "Doctor for the Day."

The Senate welcomed Dr. Wilson and thanked him for his participation in the "Capitol Physician" program sponsored by the Texas Academy of Family Physicians.

CONCLUSION OF MORNING CALL

The President at 10:20 a.m. announced the conclusion of morning call.

GUESTS PRESENTED

Senator Duncan was recognized and introduced to the Senate a group of Cub Scouts and Boy Scouts and their leaders from Lubbock, accompanied by parents of the scouts.

The Senate welcomed its guests.

GUEST PRESENTED

The President introduced to the Senate former Treasurer of the United States Azie T. Morton.

The Senate welcomed Ms. Morton.

REPORT OF COMMITTEE ON NOMINATIONS

Senator Wentworth submitted the following report from the Committee on Nominations:

We, your Committee on Nominations, to which were referred the following appointments, have had same under consideration and report them back to the Senate with a recommendation that they be confirmed.

Adjutant General: Major General Daniel James III, Bexar County.

Member, Texas Youth Commission Governing Board: Charles R. Henry, Gray County.

Chair, Texas Youth Commission Governing Board: Leonard E. Lawrence, M.D., Bexar County.

Members, Commission on Law Enforcement Officer Standards and Education: Raymond M. Hunt, Harris County; Benigno Guadalupe Reyna, Cameron County; Charles W. Williams, Harrison County.

Members, Texas State Board of Pharmacy: Kim A. Caldwell, Collin County; Wilma Eloisa "Wiki" Jimenez Erickson, McLennan County; Doyle Eugene High, Haskell County; Donna Burkett Rogers, Bexar County.

Members, Texas State Affordable Housing Corporation Board of Directors: Jeffrey S. Baloutine, Harris County; Donald S. Currie, Cameron County; Gerardo "Jerry" Romero, El Paso County.

Presiding Officer, Texas State Affordable Housing Corporation Board of Directors: Dawn Enoch Moore, Dallas County.

Members, Texas Woman's University Board of Regents: Jerry L. Brownlee, Johnson County; Carlos Robert Hamilton, Jr., M.D., Harris County; Delia M. Reyes, Dallas County.

Members, Texas Agricultural Finance Authority Board of Directors: Gina Leigh Bulls Davis, Hansford County; Darwin D. "Dal" DeWees, Tom Green County; Sydney Michael "Mike" Golden, Brazoria County; Robert Hensley Henry, Wilbarger County; Susan Kennedy, Nacogdoches County; Renato Ramirez, Zapata County; Jane Anne Stinnett, Lubbock County.

Members, Texas Aerospace Commission: Gale E. Burkett, Galveston County; Michael J. Butchko, Travis County; J. Jan Collmer, Dallas County.

Members, Texas Public Finance Authority Board of Directors: Helen Huey, Harris County; H. L. Bert Mijares, Jr., El Paso County.

Members, Coastal Coordination Council: John Barrett, San Patricio County; William H. Clayton, Ph.D., Galveston County; Robert B. Dunkin, Cameron County;

Elizabeth A. Nisbet, Nueces County.

Members, Board of Vocational Nurse Examiners: Janette L. Bowers, Brewster County; Elmer G. Ellis, Smith County; Geneva Harvey, L.V.N., Bosque County; Minnie Catherine "Cathy" Parrott, L.V.N., Coryell County; William H. Rice, M.D., Travis County.

Members, Texas Optometry Board: Joe Wesley DeLoach, O.D., Dallas County; Judy McClendon Eidson, Bexar County; Billy Jack "B. J." Garner, O.D., Harris County; Katherine Michelle Garrett, Palo Pinto County; Donald R. Glenz, O.D., Harris County; Mark A. Latta, O.D., Randall County.

Members, Texas Incentive and Productivity Commission: Janice E. Collins, Bexar County; John Mitchell Moore, Erath County; Sherry Laine Phelps, Denton County.

Member, San Jacinto Historical Advisory Board: Nell Martin Hoover, Harris County.

Members, State Board of Barber Examiners: Harold "Wayne" Moore, Dallas County; Janis Elizabeth Wiggins, Llano County.

Members, Texas Board of Licensure for Professional Medical Physicists: Ralph Blumhardt, M.D., Bexar County; Shannon Douglass Cox, M.D., Travis County; Adrian David LeBlanc, Ph.D., Harris County; Louis B. Levy, Ph.D., Bexar County; Isabel Cristina Menendez, M.D., San Patricio County; Paul H. Murphy, Ph.D., Harris County.

Members, Texas County and District Retirement System Board of Trustees: Kathy Reeves, Midland County; John Willy, Brazoria County.

Judge, 125th Judicial District Court, Harris County: John A. Coselli, Jr., Harris County.

Member, Council on Workforce and Economic Competitiveness: Rowland K. Funderburg, Dallas County.

Members, Children's Trust Fund of Texas Council: Kathleen Rhone Ehlinger, Willacy County; Sederick E. Susberry, Harris County.

Members, Texas Cosmetology Commission: William "B. J." Joseph, Cameron County; Heliana L. Kiessling, Galveston County; Clare Taylor, Navarro County.

Members, Texas State Board of Examiners of Dietitians: Elizabeth S. "Betty" Blakely, Tom Green County; Lucinda Montemayor Flores, Cameron County; Amy W. Scott, Harris County.

NOTICE OF CONSIDERATION OF NOMINATIONS

Senator Wentworth gave notice that he would on Monday, March 22, 1999, at the conclusion of morning call submit to the Senate for consideration nominations to agencies, boards, and commissions of the state.

COMMITTEE SUBSTITUTE

SENATE BILL 93 ON SECOND READING

On motion of Senator Moncrief 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 93, Relating to the regulation of assisted living facilities and requiring disclosures by certain other facilities serving persons who are elderly or disabled.

The bill was read second time.

Senator Moncrief offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 93 as follows:

(1) In SECTION 1 of the bill, in proposed Section 247.029(c), Health and Safety Code (committee printing, page 6, between lines 44 and 45), insert the following:

"(1) an associate's degree from a public or private institution of higher education in nursing, health care management, or a related field;".

(2) In SECTION 1 of the bill, in proposed Section 247.029(c), Health and Safety Code (committee printing, page 6, line 45), strike "(1)" and substitute "(2)".

(3) In SECTION 1 of the bill, in proposed Section 247.029(c), Health and Safety Code (committee printing, page 6, line 48), strike "(2)" and substitute "(3)".

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

Senator Madla offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 93, in SECTION 1 of the bill (Committee Printing, page 6, lines 50-61), by striking proposed Section 247.030, Health and Safety Code, and substituting the following:

Sec. 247.030. FACILITIES FOR SUPERVISION OF MEDICATION AND GENERAL WELFARE. (a) The board by rule shall establish a classification and license for a facility that:

(1) provides only medication supervision, in accordance with Section 247.002(5)(B), and general supervision of residents' welfare, in accordance with Section 247.002(5)(C); and

(2) does not provide substantial assistance with the activities of daily living, as described by Section 247.002(5)(A).

(b) The board shall adopt minimum standards for an assisted living facility classified under this section, including standards imposing adequate requirements relating to medication supervision. The board shall modify accessibility and life safety code standards generally applicable to a facility licensed under this chapter as necessary for a facility classified under this section to reflect the level of services provided by the facility. The modified standards must be specifically defined by the board.

(c) Except as provided by this section, an assisted living facility classified under this section is required to comply with all requirements imposed by this chapter.

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

Senator Duncan offered the following amendment to the bill:

Floor Amendment No. 3

Amend CSSB 93 in SECTION 1 of the bill, immediately following proposed Section 247.048, Health and Safety Code (Committee Printing, page 9, between lines 32 and 33), by inserting the following:

Sec. 247.049. USE OF REGULATORY REPORTS AND DOCUMENTS. (a) Except as otherwise provided by this section, a report or other document prepared by the department that relates to regulation of an assisted living facility is not admissible as evidence in a civil action to prove that the facility violated a standard prescribed under this chapter.

(b) Subsection (a) does not:

(1) apply to the admissibility as evidence of department reports or other documents in an enforcement action in which the state or an agency or political subdivision of the state is a party, including:

(A) an action seeking injunctive relief under Section 247.044;

(B) an action seeking imposition of a civil penalty under Section 247.045; and

(C) a contested case hearing involving denial, suspension, or revocation of a license issued under this chapter;

(2) apply to the admissibility as evidence of department reports or other documents that are offered:

(A) to establish warning or notice to an assisted living facility of a relevant department determination; or

(B) under any rule or evidentiary predicate of the Texas Rules of Evidence;

(3) prohibit or limit the testimony of a department employee, in accordance with the Texas Rules of Evidence, as to observations, factual findings, conclusions, or determinations that an assisted living facility violated a standard prescribed under this chapter if the observations, factual findings, conclusions, or determinations were made in the discharge of the employee's official duties for the department; or

(4) prohibit or limit the use of department reports or other documents in depositions or other forms of discovery conducted in connection with a civil action if use of the reports or other documents appears reasonably calculated to lead to the discovery of admissible evidence.

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

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

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

RECORD OF VOTE

Senator Harris asked to be recorded as "Present-not voting" on the passage of the bill to engrossment.

COMMITTEE SUBSTITUTE

SENATE BILL 93 ON THIRD READING

Senator Moncrief moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 93

be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 1, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, 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: Wentworth.

Present-not voting: Harris.

CSSB 93 was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Harris.

GUESTS PRESENTED

Senator Bivins was recognized and introduced to the Senate a group of seventh-grade students from the honors language class of Bonham Middle School in Amarillo.

The Senate welcomed its guests.

COMMITTEE SUBSTITUTE

SENATE BILL 94 ON SECOND READING

On motion of Senator Moncrief 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 94, Relating to home health services; providing administrative penalties.

The bill was read second time.

Senator Moncrief offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 94 in SECTION 8 of the bill, in proposed Section 142.0091, Health and Safety Code (Committee Printing, page 6, lines 53-56), by striking proposed Subsection (b) and substituting the following:

(b) In developing and updating the training required by this section, the department shall consult with and include providers of home health, hospice, and personal assistance services, recipients of those services and their family members, and representatives of appropriate advocacy organizations.

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

Senator Moncrief offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 94 by striking SECTION 12 of the bill (Committee Printing, page 7, lines 63-69) and renumbering subsequent sections of the bill accordingly.

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

Senator Duncan offered the following amendment to the bill:

Floor Amendment No. 3

Amend CSSB 94 as follows:

(1) In SECTION 8 of the bill (Committee Printing, page 6, lines 43 and 44), strike "142.0092, and 142.0093" and substitute "142.0092, 142.0093, and 142.0094".

(2) In SECTION 8 of the bill, immediately following proposed Section 142.0093, Health and Safety Code (Committee Printing, page 7, between lines 12 and 13), insert the following:

Sec. 142.0094. USE OF REGULATORY SURVEY REPORTS AND OTHER DOCUMENTS. (a) Except as otherwise provided by this section, a survey report or other document prepared by the department that relates to regulation of a home and community support services agency is not admissible as evidence in a civil action to prove that the agency violated a standard prescribed under this chapter.

(b) Subsection (a) does not:

(1) apply to the admissibility as evidence of department survey reports or other documents in an enforcement action in which the state or an agency or political subdivision of the state is a party, including:

(A) an action seeking injunctive relief under Section 142.013;

(B) an action seeking imposition of a civil penalty under Section 142.014;

(C) a contested case hearing involving imposition of an administrative penalty under Section 142.017; and

(D) a contested case hearing involving denial, suspension, or revocation of a license issued under this chapter;

(2) apply to the admissibility as evidence of department survey reports or other documents that are offered:

(A) to establish warning or notice to a home and community support services agency of a relevant department determination; or

(B) under any rule or evidentiary predicate of the Texas Rules of Evidence;

(3) prohibit or limit the testimony of a department employee, in accordance with the Texas Rules of Evidence, as to observations, factual findings, conclusions, or determinations that a home and community support services agency violated a standard prescribed under this chapter if the observations, factual findings, conclusions, or determinations were made in the discharge of the employee's official duties for the department; or

(4) prohibit or limit the use of department survey reports or other documents in depositions or other forms of discovery conducted in connection with a civil action if use of the survey reports or other documents appears reasonably calculated to lead to the discovery of admissible evidence.

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

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

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

RECORD OF VOTE

Senator Harris asked to be recorded as "Present-not voting" on the passage of the bill to engrossment.

COMMITTEE SUBSTITUTE

SENATE BILL 94 ON THIRD READING

Senator Moncrief moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 94 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 1, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, 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: Wentworth.

Present-not voting: Harris.

CSSB 94 was read third time and was passed by a viva voce vote.

RECORD OF VOTE

Senator Harris asked to be recorded as "Present-not voting" on the final passage of the bill.

COMMITTEE SUBSTITUTE

SENATE BILL 30 ON THIRD READING

Senator Shapiro moved that the regular order of business be suspended and that CSSB 30 be placed on its third reading and final passage:

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 7.

Yeas: Armbrister, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Nelson, Nixon, Ogden, Ratliff, Shapiro, Sibley, Truan, West, Zaffirini.

Nays: Barrientos, Gallegos, Luna, Moncrief, Shapleigh, Wentworth, Whitmire.

Absent: Bernsen.

CSSB 30 was read third time.

Senator West offered the following amendment to the bill:

Floor Amendment No. 1

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 an affirmative defense to prosecution under this section if the minor falsely represents her age or identity to the physician to be at least 18 years of age by displaying apparently valid governmental record of identification that a reasonable person under similar circumstances would have relied on the representation. The affirmative defense does not apply if the physician is shown to have had independent knowledge of the minor's actual age or identity.

The amendment was read.

Senator Brown offered the following amendment to Floor Amendment No. 1:

Floor Amendment No. 2

Amend Floor Amendment No. 1 to CSSB 30 by adding at the end after the word "identity" "or fails to use due diligence in determining the minor's age or identity"

On motion of Senator Brown and by unanimous consent, the amendment to Floor Amendment No. 1 was read and was adopted by a viva voce vote.

Question recurring on the adoption of Floor Amendment No. 1 as amended, the amendment as amended was adopted by a viva voce vote.

RECORD OF VOTES

Senators Barrientos and Sibley asked to be recorded as voting "Nay" on the adoption of Floor Amendment No. 1 as amended.

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

CSSB 30 as again amended was finally passed 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 Carona in Chair)

SENATE JOINT RESOLUTION 22 ON SECOND READING

Senator Harris asked unanimous consent to suspend the regular order of business to take up for consideration at this time:

SJR 22, Proposing a constitutional amendment increasing the maximum size of an urban homestead to 10 acres, prescribing permissible uses of urban homesteads, and preventing the overburdening of a homestead.

There was objection.

Senator Harris then moved to suspend the regular order of business and take up SJR 22 for consideration at this time.

The motion prevailed by the following vote: Yeas 29, Nays 2.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Luna, Madla, Moncrief, Nixon, Ratliff, Shapiro, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire, Zaffirini.

Nays: Nelson, Ogden.

The resolution was read second time.

Senator Harris offered the following committee amendment to the resolution:

Committee Amendment No. 1

Amend SJR 22 as follows:

(1) On SECTION 1, line 14, after the word "home," add the following: "or as both an urban home and a place to exercise a [the ] calling or business".

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

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

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

SENATE JOINT RESOLUTION 22 ON THIRD READING

Senator Harris moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SJR 22 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 3.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Luna, Madla, Moncrief, Nixon, Ratliff, Shapiro, Shapleigh, Sibley, Truan, West, Whitmire, Zaffirini.

Nays: Nelson, Ogden, Wentworth.

SJR 22 was read third time and was passed by the following vote: Yeas 29, Nays 2.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Luna, Madla, Moncrief, Nixon, Ratliff, Shapiro, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire, Zaffirini.

Nays: Nelson, Ogden.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

March 18, 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 347, Relating to the financing of certain eligible projects for criminal justice purposes.

HB 957, Relating to the law enforcement authority and status of a reserve deputy, reserve deputy constable, reserve municipal police officer and certain other peace officers.

HB 1345, Relating to municipal or county regulation on the placing, screening, or height of amateur radio antennas.

HCR 135, In memory of Dr. Fermin Calderon.

HCR 140, Congratulating the Winnsboro High School Lady Raiders on winning the 1999 UIL Class 3A state basketball championship.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

SENATE BILL 496 ON SECOND READING

On motion of Senator Harris 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 496, Relating to increasing the maximum size of an urban homestead to 10 acres and prescribing permissible uses of rural and urban homesteads.

The bill was read second time.

Senator Harris offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend SB 496 as follows:

(1) Add a new Section 4 to read as follows:

"SECTION 4. Subsection (a), Section 5.042, Property Code, is amended to read as follows:

(a) The common-law rules known as the rule in Shelley's case, the rule forbidding a remainder to the grantor's heirs, [and ] the doctrine of worthier title, and the doctrine or rule prohibiting an existing lien upon part of a homestead from extending to another part of the homestead not charged with the debts secured by the existing lien upon part of the homestead do not apply in this state."

(2) In existing SECTION 4 (Introduced version page 2, line 14), strike "Section 2 of this Act takes" and substitute "Sections 2 and 4 of this Act take"

(3) In existing SECTION 5, in the first and second sentences of Subsection (a) (Introduced version page 2, lines 16 and 23), strike "5 of this Act" and substitute "6 of this Act"

(4) Renumber SECTIONS accordingly

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

Senator Harris offered the following committee amendment to the bill:

Committee Amendment No. 2

Amend SB 496 as follows:

(1) On lines 8 and 9, after the words "an urban home", insert the following:

"or as both an urban home and a place to exercise a calling or business"

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

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

The bill as amended was passed to engrossment by the following vote: Yeas 30, Nays 1.

Nays: Ogden.

SENATE BILL 496 ON THIRD READING

Senator Harris moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 496 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 2.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Luna, Madla, Moncrief, Nelson, Nixon, Ratliff, Shapiro, Shapleigh, Sibley, Truan, West, Whitmire, Zaffirini.

Nays: Ogden, Wentworth.

SB 496 was read third time and was passed by a viva voce vote.

RECORD OF VOTE

Senator Ogden asked to be recorded as voting "Nay" on the final passage of the bill.

(Senator Armbrister in Chair)

COMMITTEE SUBSTITUTE

SENATE JOINT RESOLUTION 12 ON SECOND READING

On motion of Senator Carona 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:

CSSJR 12, Proposing a constitutional amendment relating to the making of advances under and payment of a reverse mortgage.

The resolution was read second time and was passed to engrossment by a viva

voce vote.

COMMITTEE SUBSTITUTE

SENATE JOINT RESOLUTION 12 ON THIRD READING

Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSJR 12 be placed on its third reading and final passage.

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

Nays: Wentworth.

CSSJR 12 was read third time and was passed by the following vote: Yeas 31, Nays 0.

(President in Chair)

SENATE BILL 114 ON SECOND READING

On motion of Senator Gallegos 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 114, Relating to the standard of alcohol concentration used in defining the term "intoxicated" for the purposes of certain offenses involving intoxication.

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

SENATE BILL 114 ON THIRD READING

Senator Gallegos moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 114 be placed on its third reading and final passage.

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

Nays: Wentworth.

SB 114 was read third time and was passed by a viva voce vote.

GUESTS PRESENTED

Senator Zaffirini was recognized and introduced to the Senate Raylee Elder and Kylee Elder, serving today as Honorary Senate Pages, accompanied by their mother, Veronica Carrales Elder, and their grandmother, Teresa Carrales.

The Senate welcomed its guests.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

March 18, 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:

SB 752, Relating to residents' voting rights and the right to file for candidacy after an area is annexed by certain small and medium sized municipalities.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

SENATE BILL 388 ON SECOND READING

On motion of Senator Lucio 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 388, Relating to the criminal consequences of driving while intoxicated and to the civil consequences of failure to submit to the taking of a blood, breath, or urine specimen for analysis to determine intoxication.

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

RECORD OF VOTE

Senator West asked to be recorded as voting "Nay" on the passage of the bill to engrossment.

SENATE BILL 388 ON THIRD READING

Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 388 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 2.

Yeas: 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, Whitmire, Zaffirini.

Nays: Wentworth, West.

SB 388 was read third time and was passed by a viva voce vote.

RECORD OF VOTE

Senator West asked to be recorded as voting "Nay" on the final passage of

the bill.

SENATE BILL 528 ON SECOND READING

On motion of Senator West 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 528, Relating to the civil and criminal consequences of certain actions of a minor involving the acquisition, possession, or use of alcohol; providing penalties.

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

SENATE BILL 528 ON THIRD READING

Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 528 be placed on its third reading and final passage.

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

Nays: Wentworth.

SB 528 was read third time and was passed by a viva voce vote.

SENATE BILL 77 ON SECOND READING

On motion of Senator Truan 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 77, Relating to the making of international cooperation agreements by state agencies and political subdivisions; authorizing the issuance of bonds.

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

SENATE BILL 77 ON THIRD READING

Senator Truan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 77 be placed on its third reading and final passage.

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

Nays: Wentworth.

SB 77 was read third time and was passed by a viva voce vote.

(Senator Fraser in Chair)

SENATE BILL 210 ON SECOND READING

On motion of Senator Truan 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 210, Relating to directing certain higher education research programs to address environmental issues affecting the Texas-Mexico border region.

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

SENATE BILL 210 ON THIRD READING

Senator Truan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 210 be placed on its third reading and final passage.

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

Nays: Wentworth.

SB 210 was read third time and was passed by the following vote: Yeas 31, Nays 0.

SENATE BILL 131 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:

SB 131, Relating to the notice required to be posted at a hospital or nursing home prohibiting the carrying of a handgun by a person licensed to carry a concealed handgun.

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

SENATE BILL 131 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 SB 131 be placed on its third reading and final passage.

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

Nays: Wentworth.

SB 131 was read third time and was passed by the following vote: Yeas 31, Nays 0.

COMMITTEE SUBSTITUTE

SENATE BILL 669 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 669, Relating to certain contracting procedures for school districts and institutions of higher education.

The bill was read second time.

Senator Gallegos offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 669 by striking section 44.031(h), Education Code (committee report, page 1, line 54) and insert a new section (h) to read as follows:

(h) If school equipment or a part of a school facility is destroyed or severely damaged or, as a result of an unforeseen catastrophe or emergency, undergoes major operational or structural failure, and the board of trustees determines that the delay posed by the methods provided for in this section [competitive bidding process ] would prevent or substantially impair the conduct of classes or other essential school activities, then contracts for the replacement or repair of the equipment or the part of the school facility may be made by methods other than those [without competitive bidding as otherwise ] required by this section.

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 669 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 669 be placed on its third reading and final passage.

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

Nays: Wentworth.

CSSB 669 was read third time and was passed by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 277 ON SECOND READING

On motion of Senator Carona 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 277, Relating to attorney general decisions requested under the open records law and to the reconsideration of those decisions.

The bill was read second time.

Senator Carona offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 277 as follows:

On page 1, beginning on line 35 (Senate committee printing), strike "explaining why particular exceptions to disclosure apply" and insert "asking for a decision under this Subsection stating the exceptions that apply"

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

On motion of Senator Carona 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 277 ON THIRD READING

Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 277 be placed on its third reading and final passage.

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

Nays: Wentworth.

CSSB 277 was read third time and was passed by a viva voce vote.

(Senator Lucio in Chair)

COMMITTEE SUBSTITUTE

SENATE JOINT RESOLUTION 9 ON SECOND READING

Senator Duncan asked unanimous consent to suspend the regular order of business to take up for consideration at this time:

CSSJR 9, Proposing a constitutional amendment providing for gubernatorial appointment to fill vacancies in the offices of appellate justices and judges and for nonpartisan retention elections for those justices and judges.

There was objection.

Senator Duncan then moved to suspend the regular order of business and take up CSSJR 9 for consideration at this time.

The motion prevailed by the following vote: Yeas 22, Nays 9.

Yeas: Armbrister, Bernsen, Bivins, Brown, Cain, Duncan, Ellis, Fraser, Gallegos, Haywood, Lucio, Madla, Moncrief, Nixon, Ogden, Ratliff, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire.

Nays: Barrientos, Carona, Harris, Jackson, Lindsay, Luna, Nelson, Shapiro, Zaffirini.

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

RECORD OF VOTES

Senators Barrientos, Carona, Harris, Jackson, Lindsay, Nelson, Shapiro, Truan, and Zaffirini asked to be recorded as voting "Nay" on the passage of the resolution to engrossment.

(President in Chair)

MOTION TO PLACE

COMMITTEE SUBSTITUTE

SENATE JOINT RESOLUTION 9 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 CSSJR 9 be placed on its third reading and final passage.

The motion was lost by the following vote: Yeas 23, Nays 8. (Not receiving

four-fifths vote of Members present)

Yeas: Armbrister, Bernsen, Bivins, Brown, Cain, Duncan, Ellis, Fraser, Gallegos, Haywood, Lucio, Luna, Madla, Moncrief, Nixon, Ogden, Ratliff, Shapleigh, Sibley, Truan, West, Whitmire, Zaffirini.

Nays: Barrientos, Carona, Harris, Jackson, Lindsay, Nelson, Shapiro, Wentworth.

GUESTS PRESENTED

Senator Wentworth was recognized and introduced to the Senate his sons, Jason and Matthew Wentworth.

The Senate welcomed Jason and Matthew.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Ratliff and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Finance might consider the following bills and resolution today: SB 713, SB 783, SB 928, SJR 21.

MEMORIAL RESOLUTION

SR 441 - by Moncrief: In memory of Izean Franklin Davidson of Fort Worth.

CONGRATULATORY RESOLUTION

SR 442 - by Ratliff: Congratulating the First Baptist Church of Judson.

MISCELLANEOUS RESOLUTION

SR 443 - by Brown, Jackson: Recognizing March 23, 1999, as Brazoria County Day.

ADJOURNMENT

On motion of Senator Truan, the Senate at 1:10 p.m. adjourned until 1:30 p.m. Monday, March 22, 1999.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

March 18, 1999

HEALTH SERVICES - CSSB 196, CSSB 358

NATURAL RESOURCES - SB 707 (Amended)

INTERGOVERNMENTAL RELATIONS - SB 167, CSSB 535, SB 574, SB 778, CSSB 793

CRIMINAL JUSTICE - SB 660

SENT TO GOVERNOR

March 18, 1999

SCR 35, SCR 41, SCR 46