The Senate met at 1:30 p.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 Gary D. Gibbs, First Christian Church (Disciples of Christ), Bonham, accompanied by his wife, R'Cella, offered the invocation as follows:

Most loving and gracious God, we come into this hallowed Senate Chamber this day seeking Your help in all that is before these lawmakers, not only today, but in the future. We know, O God, that as You created each of us in Your image, we can only do our best with Your spirit leading us.

Father, I ask this day that You bless the men and women that make up this august body. Bless their staffs, who truly make the wheels of this body turn. Keep them ever mindful that the task they have been elected to do by their fellow citizens of Texas is truly a sacred responsibility. O God, help these leaders to seek Your presence in all the decisions that are made. Bless their families, for they too make great sacrifices as their loved ones come here to serve in this place of government.

We thank You this day, Lord, for the memory of all who have served this institution in years past, the ones who not only laid the cornerstone of dedication and faithful service to the citizens of Texas, but those who serve at present and also the future. It is a foundation that must be kept strong and nurtured in all that's good and decent. Help us, dear God, to know that in Your love for us, indeed all Your world, we too must show love and respect for one another. Give this body gathered here in Austin, Texas, wisdom in all their endeavors. Bless them, Father, keep them ever mindful that You will walk with them, if they so desire. Give these women and men Your peace that passes all understanding in their great task of lawmaking. Keep us humble, O God. Bless our nation and especially this place we love called the great State of Texas. In God's name we pray. Amen.

On motion of Senator Truan and by unanimous consent, the reading of the Journal of the proceedings of Thursday, March 18, 1999, was dispensed with and the Journal was approved.

CO-AUTHOR OF SENATE BILL 3

On motion of Senator Bivins and by unanimous consent, Senator Harris will be shown as Co-author of SB 3.

CO-AUTHOR OF SENATE BILL 40

On motion of Senator Lucio and by unanimous consent, Senator Madla will

be shown as Co-author of SB 40.

CO-AUTHOR OF SENATE BILL 327

On motion of Senator Ellis and by unanimous consent, Senator West will be shown as Co-author of SB 327.

CO-AUTHOR OF SENATE BILL 441

On motion of Senator Ellis and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 441.

CO-AUTHOR OF SENATE BILL 690

On motion of Senator Lucio and by unanimous consent, Senator Brown will be shown as Co-author of SB 690.

CO-AUTHOR OF SENATE BILL 786

On motion of Senator Harris and by unanimous consent, Senator West will be shown as Co-author of SB 786.

PERMISSION TO INTRODUCE BILL

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 bill: SB 1827.

SENATE BILLS ON FIRST READING

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

SB 1824 by Shapiro, West

Relating to the creation of the County Criminal Court No. 11 of Dallas County, Texas. (Local Bill)

To Committee on Intergovernmental Relations.

SB 1825 by Wentworth

Relating to the creation of a municipal court of record in Hill Country Village. (Local Bill)

To Committee on Intergovernmental Relations.

SB 1826 by Wentworth

Relating to the creation, administration, powers, duties, operation, and financing of the Blanco County Groundwater Conservation District. (Local Bill)

To Committee on Natural Resources.

SB 1827 by Nixon

Relating to authorizing a municipal power agency to reduce rates for electricity that are an impediment to economic development.

To Committee on Economic Development.

HOUSE BILLS ON FIRST READING

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

HB 347 to Committee on Intergovernmental Relations.

HB 957 to Committee on Intergovernmental Relations.

HB 1345 to Committee on Intergovernmental Relations.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

March 22, 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 32, Relating to the standard possession order for possession of or access to a child.

HB 149, Relating to fees assessed on the filing of certain applications or petitions for a writ of habeas corpus.

HB 692, Relating to the confidentiality of the social security number of an applicant for or holder of a license or other form of permission to practice an occupation or profession.

HB 797, Relating to the Uniform Child Custody Jurisdiction and Enforcement Act.

HCR 5, Recognizing March 22, 1999, as La Mafia Day at the Capitol.

SCR 31, Recognizing Byron and Peggy Nelson for their meritorious community service.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

CAPITOL PHYSICIAN

Senator Brown was recognized and presented Dr. J. C. DeWitt of Alvin, accompanied by his wife, Catherine, as the "Doctor for the Day."

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

MESSAGE FROM THE GOVERNOR

The following Message from the Governor was read and was referred to the Committee on Nominations:

Austin, Texas

March 19, 1999

TO THE SENATE OF THE SEVENTY-SIXTH LEGISLATURE, REGULAR SESSION:

I ask the advice, consent and confirmation of the Senate with respect to the following appointments:

TO BE MEMBERS OF TEXAS TECH UNIVERSITY BOARD OF REGENTS for terms to expire January 31, 2005:

Carin Marcy Barth

4001 Inverness

Houston, Texas 77019

(replacing Dr. Bernard A. Harris, Jr.

of Houston whose term expired)

Edgar Richard "Dick" Brooks

12101 Madeleine Circle

Dallas, Texas 75230

(replacing Dr. Carl Edward Noe of

Dallas whose term expired)

Brian C. Newby

4017 Gaines Court

Austin, Texas 78735

(replacing Edward E. Whitacre, Jr.

of San Antonio whose term expired)

TO BE MEMBERS OF THE GENERAL SERVICES COMMISSION for terms to expire January 31, 2005:

James A. Cox, Jr.

2805 Pecos Street

Austin, Texas 78703

(replacing Ofelia de los Santos

of McAllen whose term expired)

Tomas Cardenas, Jr.

5901 Pomona

El Paso, Texas 79912

(replacing Ramiro Guzman of

El Paso whose term expired)

TO BE A MEMBER OF THE TEXAS STATE BOARD OF PLUMBING EXAMINERS for a term to expire September 5, 2003:

Terry Wayne Moore

1507 Eastland Circle

Sachse, Texas 75048

(replacing Phillip Allen Lord

of Houston whose term expired)

Respectfully submitted,

/s/George W. Bush

Governor

SENATE RESOLUTION 437

Senator Barrientos offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pride in recognizing March 22, 1999, as American Association of Retired Persons Legislative Day at the Capitol; and

WHEREAS, The American Association of Retired Persons (AARP) was established in 1958 for the purpose of improving the lives of older Americans through service, advocacy, education, and volunteer efforts; and

WHEREAS, A nonprofit, nonpartisan association, the American Association of Retired Persons is the nation's leading organization for people age 50 and older and is designed to enrich the lives of this population and to excel as a dynamic presence in every community; and

WHEREAS, There are two million Association members in Texas, and the organization has been developing Information Centers around the state to keep the communities better informed about its services; the American Association of Retired Persons opened a Texas state office in Austin in 1995; and

WHEREAS, On March 22, 1,000 association members from across the state will be meeting with their legislators regarding their top legislative issues and will be attending a "Fight Phone Fraud Rally"; and

WHEREAS, Top priorities of the American Association of Retired Persons for the 76th Legislative Session are anti-telemarketing fraud, licensing requirements for assisted living facilities, home health, and nursing home resident protections; the American Association of Retired Persons is also an advocate for lower electric utility costs for all classes of consumers; and

WHEREAS, Throughout our state and across the nation, older citizens have benefitted greatly from the American Association of Retired Persons programs, its leadership, and its active interest in legislative issues, and the organization truly deserves recognition for the many benefits it provides; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby commend the American Association of Retired Persons for its countless contributions to the people of our state and country and extend best wishes for a successful and informative American Association of Retired Persons Legislative Day in Austin; and, be it further

RESOLVED, That a copy of this Resolution be prepared in honor of the American Association of Retired Persons as an expression of esteem from the Texas Senate.

The resolution was again read.

On motion of Senator Truan and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.

The resolution was previously adopted on Wednesday, March 17, 1999.

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate a delegation of members of the American Association of Retired Persons.

The Senate welcomed its guests.

SENATE RESOLUTION 454

Senator Gallegos offered the following resolution:

WHEREAS, For 18 years Tejano legend La Mafia has created and performed a singular brand of music for countless fans throughout the world, and it is indeed a privilege to welcome the members of this internationally renowned group to the State Capitol; and

WHEREAS, Based in Houston, La Mafia's current lineup includes Oscar De la Rosa, David de la Garza, Armando "Mando" Lichtenberger, Jr., Eutimio "Tim" Ruiz, and Michael Aguilar; these notable musicians have recently completed their much-anticipated new album, Euforia, which represents yet another major breakthrough for the band; and

WHEREAS, La Mafia's steady stream of hits runs the gamut from heart-wrenching ballads to pop-influenced cumbias to rock-laced boleros, and the popularity of the band, dubbed "los idolos de America," has continued to grow as more and more people flock to join the legions who already are ardent fans of these notable Texans; and

WHEREAS, A two-time Grammy Award winner, La Mafia was honored for Best Tejano/Mexican American Performance in 1997 and 1998; the band was also nominated for Best Latin Pop Performance in 1995 and has been recognized by numerous organizations and associations, both in the United States and abroad; and

WHEREAS, Music is a truly international language, and by sharing their uplifting melodies and evocative rhythms with the world, the members of La Mafia have made a vital contribution to our musical tapestry while having a positive effect on the lives of people from many different cultures; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby pay tribute to the members of La Mafia for their outstanding contributions to the world of music and recognize March 22, 1999, as La Mafia Day at the Capitol; and, be it further

RESOLVED, That an official copy of this Resolution be prepared for the members of La Mafia in commemoration of this event and as an expression of high regard by the Texas Senate.

The resolution was read.

On motion of Senator Truan and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.

On motion of Senator Gallegos, the resolution was adopted by a viva voce vote.

GUESTS PRESENTED

Senator Gallegos was recognized and introduced to the Senate the Tejano music group La Mafia.

The Senate welcomed La Mafia to the Senate.

BILL AND RESOLUTION SIGNED

The President announced the signing of the following enrolled bill and resolution in the presence of the Senate after the caption had been read:

SB 752, HCR 136.

GUEST PRESENTED

Senator Ellis was recognized and introduced to the Senate S. Epatha Merkerson of the television series Law & Order.

The Senate welcomed Ms. Merkerson.

GUESTS PRESENTED

Senator Armbrister was recognized and introduced to the Senate a group of students from the San Marcos Baptist Academy in San Marcos.

The Senate welcomed its guests.

SENATE RESOLUTION 346

Senator Cain offered the following resolution:

WHEREAS, On March 22, 1999, the Senate of the State of Texas is pleased to join the citizens of Fannin County in a joyous celebration of the second Fannin County Day to be held at the State Capitol; and

WHEREAS, Located in northeast Texas along the Red River Valley, Fannin County was the first original county created in 1837 by the Congress of the Republic of Texas from Red River County; and

WHEREAS, The county once consisted of land including all or parts of 26 present-day counties, spanning over 350 miles; Fannin County was reduced in size in 1846 when its western boundary was fixed; its remaining 906 square miles of rich top soil are drained by the Red River and Bois d'Arc Creek; and

WHEREAS, Named for Colonel James Walker Fannin, the Texas hero killed in the massacre at Goliad in 1836, the area attracted its first permanent settlement that same year when several families arrived to build their homes on the rolling prairie and were soon followed by others who settled along the Red River; and

WHEREAS, The county seat is the city of Bonham, founded in 1836 by Judge Bailey Inglish, who originally named the settlement Bois d'Arc after the native trees predominant in the area; the name of the town was changed to Bonham in 1844 in honor of James B. Bonham, famous messenger in the Battle of the Alamo; and

WHEREAS, Bonham is known for its favorite son, Sam Rayburn, who began his political career in the Texas House of Representatives, where he served one year as speaker; the distinguished Texan later went to Washington, D.C., where he was a congressman for 48 years and speaker of the United States House of Representatives for 17 years, longer than any other individual in history; and

WHEREAS, The Bonham Area Chamber of Commerce was established in 1886 as the Board of Trade; renamed the chamber of commerce in 1926, it has been instrumental in bringing jobs and new residents to Bonham and Fannin County, and it is the driving force for social and economic change; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby extend best wishes to the citizens of Fannin County for a most enjoyable and successful Fannin County Day; and, be it further

RESOLVED, That an official copy of this Resolution be prepared for Fannin County as a memento of this grand occasion and as an expression of high regard by the Texas Senate.

The resolution was again read.

The resolution was previously adopted on Thursday, March 4, 1999.

GUESTS PRESENTED

Senator Cain was recognized and introduced to the Senate a delegation of citizens and county and city officials from Fannin County.

The Senate welcomed its guests.

SENATE RESOLUTION 429

Senator Bernsen offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pleasure in joining the alumni of Leadership Southeast Texas in designating Monday, March 22, 1999, as Leadership Southeast Texas Day at the Capitol; and

WHEREAS, Leadership Southeast Texas is a program of partnership of Southeast Texas, which includes the counties of Orange, Jefferson, Hardin, Tyler, Newton, Jasper, Liberty, and Chambers plus the Bolivar Peninsula of Galveston County; and

WHEREAS, Leadership Southeast Texas is an educational program designed to identify and motivate leaders in the area of Southeast Texas and to provide opportunities for leadership development; and

WHEREAS, Leadership Southeast Texas promotes better understanding of Southeast Texas including the strengths, weaknesses, obstacles, and opportunities for economic development, regional unity, and quality of life; and

WHEREAS, Leadership Southeast Texas identifies and studies timely issues which are significant to ongoing area development and encourages the initiation of innovative approaches to these issues; and

WHEREAS, Leadership Southeast Texas provides opportunities for communication and interaction with individuals outside the participants' regular professional and social acquaintances; and

WHEREAS, Leadership Southeast Texas Day in Austin provides an opportunity for alumni and new graduates to gather at the Capitol to celebrate the successes of Southeast Texas; now, therefore, be it

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

RESOLVED, That a copy of this Resolution be prepared for Leadership Southeast Texas as an expression of high regard from the Texas Senate.

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

GUESTS PRESENTED

Senator Bernsen was recognized and introduced to the Senate a delegation of members of Leadership Southeast Texas, accompanied by Alan Sanders, Chair of Leadership Southeast Texas Day.

The Senate welcomed its guests.

SENATE RESOLUTION 445

Senator Shapleigh offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pride in recognizing Heather Gilmore, who recently received an award from the El Paso Police Department; and

WHEREAS, Heather is a three-year-old El Paso resident who played a major role in the emergency care of her mother on January 29 of this year; and

WHEREAS, Heather's mother, Teresa Almengor, became ill with a severe reaction to medication and was alone at home, except for her daughter; and

WHEREAS, Teresa lost consciousness and lay helpless on the floor, and realizing that her mother seriously needed help, Heather picked up the phone and dialed 911; and

WHEREAS, Heather's astute response to the situation enabled her mother to receive the emergency care she needed and to recover from the reaction; and

WHEREAS, Heather is a bright and brave young child, and her exemplary response demonstrates the importance of teaching young children how and when to dial 911; Heather received an award for her actions from Chief Leon of the El Paso Police Department on February 26, 1999; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby commend Heather Gilmore on her exemplary actions and her significant role in providing emergency help for her mother; and, be it further

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

The resolution was read.

On motion of Senator Truan and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.

On motion of Senator Shapleigh, the resolution was adopted by a viva voce vote.

GUESTS PRESENTED

Senator Shapleigh was recognized and introduced to the Senate Heather Gilmore; her mother, Teresa Almengor; and El Paso Police Chief Carlos Leon.

The Senate welcomed its guests.

SENATE BILL 690 REREFERRED

Senator Lucio submitted a Motion In Writing requesting that SB 690 be withdrawn from the Committee on Education and rereferred to the Committee on Natural Resources.

The Motion In Writing prevailed without objection.

GUESTS PRESENTED

Senator Armbrister was recognized and introduced to the Senate a delegation from the Texas Retired Teachers Association, accompanied by Dr. Kenneth Laycock, President, and Mike Lehr, Executive Director.

The Senate welcomed its guests.

(Senator Duncan in Chair)

SESSION TO CONSIDER EXECUTIVE APPOINTMENTS

The Presiding Officer announced the time had arrived to consider the executive appointments to agencies, boards, and commissions. Notice of submission of these names for consideration was given Thursday, March 18, 1999, by Senator Wentworth.

Senator Wentworth moved confirmation of the nominees reported Thursday by the Committee on Nominations.

The Presiding Officer asked if there were requests to sever nominees.

There were no requests offered.

NOMINEES CONFIRMED

The following nominees as reported by the Committee on Nominations were confirmed by the following vote: Yeas 31, Nays 0.

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.

(Senator Armbrister in Chair)

CONCLUSION OF MORNING CALL

The Presiding Officer at 2:25 p.m. announced the conclusion of morning call.

COMMITTEE SUBSTITUTE

SENATE JOINT RESOLUTION 9 ON THIRD READING

Senator Duncan moved that the regular order of business be suspended and that CSSJR 9 be placed on its third reading and final passage:

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.

The motion prevailed by the following vote: Yeas 21, Nays 10.

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

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

CSSJR 9 was read third time and was passed by the following vote: Yeas 21, Nays 10. (Same as previous roll call)

GUESTS PRESENTED

Senator Sibley was recognized and introduced to the Senate the fourth-grade class from Waco Baptist Academy in Waco, accompanied by their teacher, Ms. Wilson.

The Senate welcomed its guests.

(President in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 35 ON SECOND READING

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

CSSB 35, Relating to certain processes and procedures promoting the consolidation of elections.

There was objection.

Senator Shapiro then moved to suspend the regular order of business and take up CSSB 35 for consideration at this time.

The motion prevailed by the following vote: Yeas 24, Nays 7.

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

Nays: Barrientos, Bernsen, Gallegos, Luna, Truan, Whitmire, Zaffirini.

The bill was read second time.

Senator Shapiro offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 35 in SECTION 6 of the bill, in Section 271.002(e), Election Code (committee printing page 3, line 19), by inserting after the period: "In a joint election held in a county having the position of county elections administrator, the administrator shall serve on the committee."

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

Senator Shapiro offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 35 in SECTION 1 of the bill, in Section 41.001(e), Election Code (committee printing page 1, line 50), between "election" and "in", by inserting "for an office".

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

Senator Shapleigh offered the following amendment to the bill:

Floor Amendment No. 3

Amend CSSB 35 in SECTION 6 of the bill, in Section 271.002(c), Election Code (committee printing page 3, line 12), between "subdivision" and the period, by inserting: "not later than the 60th day before the date of a general election for state and county officers or the 40th day before the date of any other election, as applicable. If the governing bodies cannot agree on the terms of the agreement, the disputed terms shall be resolved through an alternative dispute resolution procedure. The secretary of state shall prescribe a model joint election agreement and alternative dispute resolution procedure for the use of political subdivisions in implementing this section".

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

Senator Shapleigh offered the following amendment to the bill:

Floor Amendment No. 4

Amend CSSB 35 in SECTION 5 of the bill, in Section 42.0051(c), Election Code (committee printing page 2, line 48 through 51), by deleting the subsection.

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

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

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

RECORD OF VOTE

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

COMMITTEE SUBSTITUTE

SENATE BILL 35 ON THIRD READING

Senator Shapiro moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 35

be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 24, Nays 6.

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

Nays: Barrientos, Bernsen, Gallegos, Truan, Whitmire, Zaffirini.

Absent: Wentworth.

CSSB 35 was read third time and was passed by a viva voce vote.

RECORD OF VOTES

Senators Barrientos, Bernsen, Gallegos, Luna, Truan, Whitmire, and Zaffirini asked to be recorded as voting "Nay" on the final passage of the bill.

(Senator Nixon in Chair)

(Senator Sibley in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 143 ON SECOND READING

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

CSSB 143, Relating to the priority of a water right authorizing a transfer of water from a river basin in this state to another river basin.

There was objection.

Senator Brown then moved to suspend the regular order of business and take up CSSB 143 for consideration at this time.

The motion prevailed by the following vote: Yeas 25, Nays 6.

Yeas: Armbrister, Bivins, Brown, Cain, Carona, Ellis, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Luna, Madla, Moncrief, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Truan, Wentworth, West, Whitmire, Zaffirini.

Nays: Barrientos, Bernsen, Duncan, Fraser, Nixon, Sibley.

The bill was read second time.

(Senator Gallegos in Chair)

Senator Nixon offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 143 by striking SECTION 1 of the bill (Committee Printing, page 1, lines 13 and 14) and substituting a new SECTION 1 to read as follows:

SECTION 1. Section 11.085(s), Water Code, is amended to read as follows:

(s) Any proposed transfer of all or a portion of a water right under this section is junior in priority to water rights granted before the time application for transfer is accepted for filing. This subsection does not apply to a transfer of water:

(1) from a reservoir under the joint authority of this state and another state; or

(2) from a reservoir to a public or private entity located outside the basin in which the reservoir is located if the entity assisted in financing the construction

of the reservoir.

The amendment was read.

On motion of Senator Brown, Floor Amendment No. 1 was tabled by the following vote: Yeas 23, Nays 6.

Yeas: Armbrister, Bivins, Brown, Carona, Ellis, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Luna, Madla, Moncrief, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, Wentworth, Zaffirini.

Nays: Barrientos, Bernsen, Cain, Fraser, Nixon, West.

Absent: Duncan, Whitmire.

Question-Shall CSSB 143 be passed to engrossment?

(President in Chair)

SENATE RULE 11.13 SUSPENDED

On motion of Senator Bivins and by unanimous consent, Senate Rule 11.13 was suspended to grant all committees permission to meet while the Senate is meeting.

COMMITTEE SUBSTITUTE

SENATE BILL 143 ON SECOND READING

The Senate resumed consideration of CSSB 143.

Question-Shall CSSB 143 be passed to engrossment?

Senator Bernsen was recognized to speak on CSSB 143.

(Senator Jackson in Chair)

(Senator Carona in Chair)

(President in Chair)

CSSB 143 was passed to engrossment by the following vote: Yeas 25, Nays 6.

Yeas: Armbrister, Bivins, Brown, Cain, Carona, Ellis, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Luna, Madla, Moncrief, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Truan, Wentworth, West, Whitmire, Zaffirini.

Nays: Barrientos, Bernsen, Duncan, Fraser, Nixon, Sibley.

MEMORIAL RESOLUTIONS

SCR 54 - by Ratliff, Moncrief, West: In memory of Ida Nance Studer of Fort Worth.

SR 457 - by Ellis: In memory of Jack Doyle of Houston.

CONGRATULATORY RESOLUTIONS

SR 444 - by Shapleigh: Congratulating Alan V. Rash of El Paso.

SR 446 - by Cain: Congratulating Mary Jane and Henry W. Odlozil.

SR 447 - by Cain: Congratulating Mary Evelyn and Leonard Mull of Dallas.

SR 448 - by Shapleigh: Congratulating Paula Rae Gates Mitchell of El Paso.

SR 449 - by Shapleigh: Congratulating Barbara Forester Coleman of El Paso.

SR 451 - by West: Congratulating the Reverend S. T. Tutson, Jr., of Dallas.

SR 455 - by Lucio: Congratulating Major Homer Gallegos of the United States Air Force Reserve.

SR 456 - by Ogden: Congratulating the Brenham State School in Brenham.

SR 458 - by Whitmire: Congratulating Nickolas D. Whitefield of Houston.

SR 462 - by Whitmire: Congratulating Timothy John Warner II of Houston.

HCR 75 - (Duncan): Honoring Sam A. Ballew on his retirement.

MISCELLANEOUS RESOLUTIONS

SR 461 - by Madla: Proclaiming March 23, 1999, as Epilepsy Day in Texas.

HCR 5 - (Gallegos): Recognizing March 22, 1999, as La Mafia Day at the Capitol.

ADJOURNMENT

On motion of Senator Brown, the Senate at 7:20 p.m. adjourned until 10:00 a.m. tomorrow.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

March 22, 1999

HUMAN SERVICES - CSSB 996

INTERGOVERNMENTAL RELATIONS - CSSB 89

FINANCE - SJR 21, SB 783

HEALTH SERVICES - CSSB 656

ECONOMIC DEVELOPMENT - SCR 9, SB 348, CSSB 274, CSSB 598, SB 231, SB 34, CSSB 172

NATURAL RESOURCES - CSSB 873

STATE AFFAIRS - SB 401, SB 483, SB 735, SB 770, SB 884, SB 908

FINANCE - CSSB 928

STATE AFFAIRS - SB 411 (Amended), CSSB 845, CSSB 1019

CRIMINAL JUSTICE - CSSB 188, CSSB 205, CSSB 258

SIGNED BY GOVERNOR

March 18, 1999

SB 472