Monday, March 29, 1999



	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, Madla, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire, Zaffirini. Absentexcused: Luna. The President announced that a quorum of the Senate was present. The Reverend Dr. Leslie K. Green, Director of Pastoral Care and Ethics, Wadley Regional Medical Center, Texarkana, accompanied by his wife, Pauline, offered the invocation as follows: Thank You, God, for this nation of ours and this great State of Texas. We give thanks for the many blessings which You have so generously given to us, especially the freedom of a democratic society where Your servants can assemble to make decisions that affect the lives of so many millions of Your children. We seek Your wisdom and Your guidance in this decisionmaking process. We pray that Your spirit of fairness and justice may always prevail. Amen. On motion of Senator Truan and by unanimous consent, the reading of the Journal of the proceedings of Thursday, March 25, 1999, was dispensed with and the Journal was approved. LEAVE OF ABSENCE On motion of Senator Barrientos, Senator Luna was granted leave of absence for today on account of illness. COAUTHOR OF SENATE BILL 5 On motion of Senator Sibley and by unanimous consent, Senator Zaffirini will be shown as Coauthor of SB 5. COAUTHORS OF SENATE BILL 441 On motion of Senator Ellis and by unanimous consent, Senators Armbrister, Cain, Lucio, Madla, and West will be shown as Coauthors of SB 441. COAUTHOR OF SENATE BILL 456 On motion of Senator Madla and by unanimous consent, Senator Zaffirini will be shown as Coauthor of SB 456. COAUTHOR OF SENATE BILL 757 On motion of Senator Duncan and by unanimous consent, Senator Shapiro will be shown as Coauthor of SB 757. COAUTHOR OF SENATE BILL 862



	On motion of Senator Gallegos and by unanimous consent, Senator Lindsay will be shown as Coauthor of SB 862. COAUTHORS OF SENATE BILL 931 On motion of Senator Madla and by unanimous consent, Senators Bivins and Cain will be shown as Coauthors of SB 931. COAUTHOR OF SENATE BILL 1035 On motion of Senator Moncrief and by unanimous consent, Senator Shapiro will be shown as Coauthor of SB 1035. COAUTHOR OF SENATE BILL 1642 On motion of Senator Nixon and by unanimous consent, Senator Wentworth will be shown as Coauthor of SB 1642. 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 1838, SB 1841. SENATE BILLS ON FIRST READING The following bills were introduced, read first time, and referred to the committees indicated: SB 1838 by Shapiro Relating to the biennial transfer of revenue to the economic stabilization fund. To Committee on Finance. SB 1839 by Bivins Relating to the duties and salary of the county attorney in Oldham County. (Local Bill) To Committee on Intergovernmental Relations. SB 1840 by Ratliff Relating to the powers of the Hopkins County Hospital District. (Local Bill) To Committee on Intergovernmental Relations. SB 1841 by Ratliff Relating to the abolition of the Texas Eminent Scholars Program. To Committee on Finance. HOUSE BILLS ON FIRST READING The following bills received from the House were read first time and referred to the committees indicated: HB 677 to Committee on Health Services. HB 688 to Committee on Jurisprudence. HB 870 to Committee on Jurisprudence. HB 1289 to Committee on Natural Resources. HB 1348 to Committee on Jurisprudence.



	HB 1615 to Committee on State Affairs. BILL SIGNED The President announced the signing of the following enrolled bill in the presence of the Senate after the caption had been read: SB 345. MESSAGE FROM THE GOVERNOR The following Message from the Governor was read and was referred to the Committee on Nominations: Austin, Texas March 25, 1999 TO THE SENATE OF THE SEVENTYSIXTH LEGISLATURE, REGULAR SESSION: I ask the advice, consent and confirmation of the Senate with respect to the following appointments: TO BE MEMBERS OF THE INTERAGENCY COUNCIL ON AUTISM AND PERVASIVE DEVELOPMENTAL DISORDERS for terms to expire February 1, 2001: Tim Cole P.O. Box 192 Montague, Texas 76251 (reappointment) Margaret Hasse Cowen 2320 Calle Esplendida Brownsville, Texas 78520 (reappointment) TO BE MEMBERS OF THE COUNCIL ON SEX OFFENDER TREATMENT for terms to expire February 1, 2005: Kristy Michelle Carr 5604 Southwest Parkway #2231 Austin, Texas 78735 (reappointment) Richard N. Mack 4513 59th Street Lubbock, Texas 79414 (replacing David Corry of Abilene whose term expired) TO BE MEMBERS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD for terms to expire January 31, 2001: Eduardo A. Lopez 5418 Fox Run Corpus Christi, Texas 78413 (reappointment) L. W. "Wayne" Mayo 2934 Whitemarsh Circle



	Richardson, Texas 75080 (replacing Leonel Garza of McAllen whose term expired) Robert A. "Pete" Seale, Jr. 3435 Westheimer #1606 Houston, Texas 77027 (reappointment) James Melvin Synatzske P.O. Box 1663 Stephenville, Texas 76401 (reappointment) Respectfully submitted, /s/George W. Bush Governor SENATE BILL 1590 REREFERRED Senator Zaffirini submitted a Motion In Writing requesting that SB 1590 be withdrawn from the Committee on State Affairs and rereferred to the Committee on Human Services. The Motion In Writing prevailed without objection. (Senator Lindsay in Chair) SENATE RESOLUTION 367 Senator West offered the following resolution: WHEREAS, The Senate of the State of Texas takes pride in recognizing the members of Preparation for Adult Living known as PAL and in welcoming the members of the Program Youth Leadership Committee on the occasion of their visit to the State Capitol on March 29, 1999; and WHEREAS, The committee is comprised of 11 young adults, age 16 through 20, who are current or former youths in foster care; members of the committee represent each region of Texas and serve as a voice for Texas youths in foster care; and WHEREAS, Sponsored by the Texas Department of Protective and Regulatory Services, the committee reviews policies that affect children in foster care and proposes initiatives to improve the system; and WHEREAS, Last year, the testimony from the Youth Leadership Committee to the Protective and Regulatory Services Board led to a rule change in the Texas Administrative Code, thereby helping certain youths to receive statepaid foster care during the summer between high school and college; and WHEREAS, The committee has also provided important feedback to the Protective and Regulatory Services Child Care Licensing Division on policy to ensure the privacy of youth's mail at child care facilities; it also recommended that youths have the opportunity to evaluate foster parents, placements, and Child Protective Services two months after leaving a placement; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby commend members of the Preparation for Adult Living Program Youth Leadership



	Committee on their many valuable accomplishments and extend to them best wishes for success in the future; and, be it further RESOLVED, That a copy of this Resolution be prepared for the committee as an expression of esteem from the Texas Senate. The resolution was again read. The resolution was previously adopted on Tuesday, March 9, 1999. GUESTS PRESENTED Senator West was recognized and introduced to the Senate members of the Preparation for Adult Living Program Youth Leadership Committee. The Senate welcomed its guests. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas March 29, 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 57, Relating to persons authorized to administer oaths made in Texas. HB 88, Relating to permitting a county to donate money to certain crime prevention organizations. HB 127, Relating to the participation of Texas Department of Criminal Justice inmates in community service projects performed by state agencies and local governments. HB 128, Relating to participation of the Texas Department of Criminal Justice in certain food bank programs. HB 165, Relating to peace officers from adjoining states enforcing the law in a bordering municipality in this state. HB 236, Relating to the composition of the board of directors of certain metropolitan rapid transit authorities. HB 244, Relating to a requirement that inmates of the Texas Department of Criminal Justice participate in work and educational programs. HB 264, Relating to a change of beneficiary by a retiree of the Employees Retirement System of Texas. HB 368, Relating to payroll deductions for employees of institutions of higher



	education. HB 427, Relating to suits to establish county boundaries. HB 510, Relating to the composition of the Commission on Uniform State Laws. HB 592, Relating to a background check of a person who applies for certification as a qualified handgun instructor. HB 614, Relating to the acceptance of gifts, grants, donations, bequests, and devises by a county. HB 664, Relating to the sale of certain land by the Texas Department of Health. HB 665, Relating to enforcement of the Flood Control and Insurance Act in certain counties. HB 670, Relating to providing, at no cost, medical records to Texas veterans for certain purposes. HB 774, Relating to the juvenile board in Fisher, Mitchell, and Nolan counties. HB 777, Relating to the jurisdiction of a statutory probate court in certain guardianship matters. HB 794, Relating to the boundaries of the Chambers County-Cedar Bayou Navigation District. HB 836, Relating to access under the public information law to birth and death indexes. HB 846, Relating to the administration, management, operation, and authority of water districts and authorities. HB 869, Relating to authorizing the appointment of certain visiting associate judges. HB 923, Relating to regulation of licensed professional counselors. HB 952, Relating to the creation, administration, powers, duties, operation, and financing of the Spring Meadows Municipal Utility District. HB 963, Relating to the protection of playa lakes by certain home-rule municipalities. HB 985, Relating to compliance by state agencies with strategic guidelines in developing electronic benefits transfer systems. HB 986, Relating to retirement under the Texas County and District Retirement System. HB 1031, Relating to the filing of sworn statements prescribed by the constitution for public office and made by the directors of certain special districts. HB 1049, Relating to designating the Texas State Technical College System extension center in the city of Marshall as a campus of the system. HB 1063, Relating to the imposition of a graffiti eradication fee on certain persons



	in juvenile court. HB 1069, Relating to the eligibility of a water supply or sewer service corporation to be converted into a special utility district. HB 1110, Relating to the requirements for notice of violations of certain municipal ordinances. HB 1136, Relating to fees charged for certain services performed by county clerks in a pending probate action. HB 1142, Relating to records of probate and guardianship proceedings. HB 1145, Relating to the continuing education requirements for a licensed chemical dependency counselor. HB 1149, Relating to the ability of tenant representatives to serve a certain number of consecutive terms as commissioners of local housing authorities. HB 1174, Relating to preparation of an abstract of judgment in an action to establish a lien on real property. HB 1177, Relating to permissible uses of courthouse security fund and municipal court building security fund. HB 1189, Relating to the petition for creation of a civic center authority. HB 1209, Relating to the clarification of certain provisions and other technical corrections in the Family Code. HB 1269, Relating to the mandatory detention of a juvenile for allegedly engaging in certain conduct. HB 1303, Relating to the authority of the San Leon Municipal Utility District of Galveston County to install and assess for street lighting. HB 1304, Relating to the authority of the Bacliff Municipal Utility District of Galveston County to install and assess for street lighting. HB 1314, Relating to authorizing The University of Texas M. D. Anderson Cancer Center to offer certain professional degree programs. HB 1342, Relating to the practice of registered nurses and licensed vocational nurses, including the adoption of an interstate compact relating to licensing. HB 1350, Relating to the jurisdiction of the statutory county courts of Cameron County. HB 1351, Relating to execution and filing of an assumed name certificate; providing a penalty. HB 1356, Relating to possessory liens on certain motor vehicles, motorboats, vessels, or outboard motors. HB 1362, Relating to the selection of appraisers for the determination of compensation paid to a retail public utility on annexation.



	HB 1380, Relating to venue projects that may be authorized and financed by a municipality. HB 1396, Relating to the development of a licensing model for intermediate care facilities for the mentally retarded. HB 1413, Relating to the sale of land by a municipality to organizations providing housing for low-income families and individuals. HB 1477, Relating to the amount of court costs imposed for the support of the county law library. HB 1488, Relating to the student union building fee at The University of Texas at Brownsville. HB 1494, Relating to limited rights to purchase certain permanent school fund minerals other than oil and gas in Henderson County. HB 1495, Relating to eligibility for appointment to the board of a rural fire prevention district. HB 1539, Relating to validating certain conveyances of land formerly used for the superconducting super collider research facility. HB 1605, Relating to the transfer of cases by statutory probate courts. HB 1848, Relating to the composition of the Texas Groundwater Protection Committee. HB 1889, Relating to the dissolution of the Ranger Hospital District of Eastland County, Texas. HB 2085, Relating to the continuation and functions of the Texas Board of Health and Texas Department of Health, including the operation of certain boards and councils administratively attached to the department; providing penalties. HCR 161, Granting the house and senate permission to adjourn for more than three days during the period beginning on Wednesday, March 31, 1999 and ending on Tuesday, April 6, 1999. HCR 162, Congratulating David Garza on his promotion to the post of southwest regional director of The Enterprise Foundation. Respectfully, /s/Sharon Carter, Chief Clerk House of Representatives (President in Chair) SENATE RESOLUTION 502 Senator Moncrief offered the following resolution: WHEREAS, The Senate of the State of Texas takes pleasure in recognizing Dr. David M. Richards, president of the University of North Texas Health Science



	Center in Fort Worth, who is retiring in December, 1999, for his many contributions to his medical school, his city, and his state; and WHEREAS, Moving to Texas in 1981 from Ohio, he practiced family medicine there from 1961 through 1981; elected president of the Ohio Society of Osteopathic General Practitioners, he became associate dean for academic and clinical affairs at the Ohio College of Osteopathic Medicine; and WHEREAS, Taking the position of associate dean for academic affairs at what was then the Texas College of Osteopathic Medicine in Fort Worth in 1981, Dr. Richards was promoted to interim executive vice president in 1984 and president in 1986; and WHEREAS, Elevated to a health science center by the Texas Legislature in 1993, the University of North Texas Health Science Center at Fort Worth has grown and thrived under the direction of Dr. Richards; this fall, the Texas Higher Education Coordinating Board approved the establishment of a School of Public Health at the health science center; and WHEREAS, Dr. Richards is the first osteopathic physician elected to the board of the National Board of Medical Examiners; in addition, he was also one of the first osteopathic physicians appointed to the Veterans' Administration Special Medical Advisory Group; and WHEREAS, Dr. Richards has previously chaired the board of governors and the council of deans of the American Association of Colleges of Osteopathic Medicine, and locally, he chaired Fort Worth's Strategy 2000 Biomedical Technology Planning Committee, leading to the opening in 1998 of the MEDTECH business incubator; and WHEREAS, Active in civic endeavors, he is a past president of the American Heart Association of the Fort Worth metropolitan region, on the Economic Development Group of the Fort Worth Chamber of Commerce, and has served as vice chair of the board of directors for the United Way of Tarrant County; and WHEREAS, The career of service of Dr. David M. Richards has greatly enhanced the medical care available in the Fort Worth metropolitan area, and his leadership in the development of the University of North Texas Health Science Center has been invaluable; when he retires from the presidency on December 31, 1999, he will be greatly missed; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby congratulate Dr. David M. Richards on his forthcoming retirement and commend his manifold achievements; and, be it further RESOLVED, That a copy of this Resolution be prepared for him as an expression of the highest regard and esteem of 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 Moncrief, the resolution was adopted by a viva voce vote. GUEST PRESENTED Senator Moncrief was recognized and introduced to the Senate Dr. David M. Richards of Fort Worth.



	The Senate welcomed Dr. Richards. CAPITOL PHYSICIAN Senator Ratliff was recognized and presented Dr. Charles Jones of Sulphur Springs as the "Doctor for the Day." The Senate welcomed Dr. Jones and thanked him for his participation in the "Capitol Physician" program sponsored by the Texas Academy of Family Physicians. SENATE CONCURRENT RESOLUTION 57 The President laid before the Senate the following resolution: SCR 57, Declaring that all state departments and agencies be closed for a half day, beginning at noon on Friday, April 2, 1999. BARRIENTOS The resolution was read. On motion of Senator Barrientos and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote. GUESTS PRESENTED Senator Moncrief was recognized and introduced to the Senate representatives of the Fort Worth Sister City Program from Trier, Germany. The Senate welcomed its guests. SESSION TO CONSIDER EXECUTIVE APPOINTMENTS The President 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 25, 1999, by Senator Wentworth. Senator Wentworth moved confirmation of the nominees reported Thursday by the Committee on Nominations. The President asked if there were requests to sever nominees. There were no requests offered. NOMINEES CONFIRMED The following nominees as reported by the Committee on Nominations were confirmed by the following vote: Yeas 30, Nays 0. Absentexcused: Luna. Members, Finance Commission of Texas: Deborah Hinton Kovacevich, Leon County; Victor "Buddy" Puente, Jr., Tarrant County; John Snider, Shelby County; Robert V. Wingo, El Paso County. Members, Texas Healthy Kids Corporation Board of Directors: Thomas Allan Howeth, Tarrant County; Rene Daniel Pena, El Paso County; Gwyn Shea,



	Dallas County; Dorothy Nelson "Dot" Snyder, McLennan County; Kenneth D. Wells, M.D., P.A., Harris County. Members, Commission on Human Rights: Anna Maria Farias, Zavala County; David J. Manning, Tarrant County. Members, Telecommunications Infrastructure Fund Board: Roger James Benavides, Bexar County; Kay F. Karr, El Paso County. Presiding Officer, Telecommunications Infrastructure Fund Board: Thomas R. Powers, Harris County. Members, Veterans' Land Board: Neal Thomas "Tom" Jaco, Bexar County; Darryl Ladd Pattillo, Travis County. Members, Texas Judicial Council: James Boswell, Collin County; Kathleen Cardone, El Paso County. Commissioner, Canadian River Commission: Roger Stephen Cox, Randall County. Members, Texas Board of Professional Engineers: Brenda A. Bradley, P.E., Harris County; Joe Paul Jones, P.E., Tarrant County; Kathleen Campbell Walker, El Paso County. Members, Family Practice Residency Advisory Committee: Lourdes Matiana Cuellar, R.Ph., Harris County; Maria Esteve Poradek, Lubbock County. Members, Gulf Coast Waste Disposal Authority Board of Directors: Louis S. "Sam" Dell'Olio, Jr., Galveston County; Rafael Ortega, Harris County; Shirley U. Seale, Chambers County. Members, Texas Health Care Information Council: George H. Crowling, Jr., Dallas County; Bobby S. De Rossett, Smith County; Jean L. Freeman, Ph.D., Galveston County; Woody F. Gilliland, Taylor County; Robert W. Gracy, Ph.D., Tarrant County; Aman Ullah Khan, M.D., Ph.D., Dallas County; Imogen S. Papadopoulos, Harris County; Laura Ariel Puorro Stevens, Collin County. Chair, Texas Health Care Information Council: Stephen L. Turner, M.D., Hale County. Members, State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments: Michael L. Shobe, Lubbock County; Ursula Singleton, Hidalgo County; EveAnne D. Wall, Tom Green County; John Scott Westmoreland, McLennan County. Members, Statewide Health Coordinating Council: Joan Wood Biggerstaff, Collin County; James A. Endicott, Jr., Bell County; Joe C. Frush, Taylor County; Laura Prendergast Gordon, El Paso County; Charles T. Ku, D.D.S., Denton County; Adena Williams Loston, Ph.D., Harris County; P. J. Schneider, Bexar County; Susan M. Scott-Galindo, Brazos County; Rebecca UribeGarza, M.D., Webb County; David Aurelio Valdez, M.D., Bexar County; Judy Petty Wolf, Bexar County. Chair, Statewide Health Coordinating Council: Ben G. Raimer, M.D.,



	Galveston County. Members, Texas State Board of Medical Examiners District One Review Committee: Kevin R. Smith, M.D., P.A., Harris County; Frank R. Wellborne, D.O., Harris County. Member, Texas State Board of Medical Examiners District Two Review Committee: Bud Roger Siebenlist, M.D., Harrison County. Member, Texas State Board of Medical Examiners District Three Review Committee: Victor A. Diaz, M.D., El Paso County. Member, Texas State Board of Medical Examiners District Four Review Committee: Leah Raye Mabry, M.D., R.Ph., Atascosa County. Members, Texas Council on Offenders with Mental Impairments: Melissa Laura Mojica, Webb County; Susan A. Stone, J.D., M.D., Bastrop County; Judge Sharen Wilson, Tarrant County. Member, Upper Neches River Municipal Water Authority Board of Directors: Jesse D. Hickman, Anderson County. Member, School Land Board: C. Louis Renaud, Midland County. HOUSE CONCURRENT RESOLUTION 161 The President laid before the Senate the following resolution: HCR 161, Granting the house and senate permission to adjourn for more than three days during the period beginning on Wednesday, March 31, 1999, and ending on Tuesday, April 6, 1999. TRUAN The resolution was read. On motion of Senator Truan and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote. GUESTS PRESENTED Senator Lindsay was recognized and introduced to the Senate a group of students from Memorial High School in Houston and their chaperon. The Senate welcomed its guests. CONCLUSION OF MORNING CALL The President at 2:00 p.m. announced the conclusion of morning call. COMMITTEE SUBSTITUTE SENATE BILL 643 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: CSSB 643, Relating to awards for members of the state or other military forces. The bill was read second time and was passed to engrossment by a viva voce vote.



	COMMITTEE SUBSTITUTE SENATE BILL 643 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 CSSB 643 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 1. Nays: Wentworth. Absentexcused: Luna. CSSB 643 was read third time and was passed by the following vote: Yeas 30, Nays 0. Absentexcused: Luna. COMMITTEE SUBSTITUTE SENATE BILL 535 ON SECOND READING On motion of Senator Lindsay 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 535, Relating to the effect of a municipal annexation on a school district located in an annexed area. The bill was read second time and was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 535 ON THIRD READING Senator Lindsay moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 535 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 1. Nays: Wentworth. Absentexcused: Luna. CSSB 535 was read third time and was passed by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 33 ON SECOND READING On motion of Senator Shapiro and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment: CSSB 33, Relating to the prosecution and punishment of certain offenses involving the sexual exploitation of a child. The bill was read second time and was passed to engrossment by a viva voce vote.



	COMMITTEE SUBSTITUTE SENATE BILL 33 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 33 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 1. Nays: Wentworth. Absentexcused: Luna. CSSB 33 was read third time and was passed by a viva voce vote. SENATE BILL 411 ON SECOND READING Senator Duncan moved to suspend the regular order of business to take up for consideration at this time: SB 411, Relating to the offense of operating a vehicle with a child in an open bed of the vehicle or in the open bed of a trailer being towed by the vehicle. The motion prevailed by the following vote: Yeas 25, Nays 5. Yeas: Armbrister, Barrientos, Bernsen, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Lindsay, Lucio, Madla, Moncrief, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, Wentworth, West, Zaffirini. Nays: Bivins, Jackson, Nelson, Nixon, Whitmire. Absentexcused: Luna. The bill was read second time. Senator Duncan offered the following committee amendment to the bill: Committee Amendment No. 1 Amend SB 411 by striking the current language in Section 545.414(c) of the Transportation Code on page 1 at lines 1416 and replace it with the following: (c) It is a defense to prosecution under this section that the person was operating: (1) or towing the vehicle in a parade or in an emergency; (2) the vehicle to transport farm workers from one field to another field on a farmtomarket road, a ranchtomarket road or a county road outside an incorporated city limits; or (3) the vehicle on a beach. The committee amendment was read. Senator Duncan offered the following amendment to Committee Amendment No. 1: Floor Amendment No. 1 Amend Committee Amendment No. 1 to SB 411 to add a new subsection (c)(4) (after Committee Printing, page 1, line 17) to read as follows: (4) a vehicle that is the only vehicle owned or operated in a household.



	Under this subsection, "household" has the meaning assigned by Section 71.005 of the Texas Family Code. The amendment to Committee Amendment No. 1 was read and was adopted by a viva voce vote. RECORD OF VOTE Senator Harris asked to be recorded as voting "Nay" on the adoption of Floor Amendment No. 1. Question recurring on the adoption of Committee Amendment No. 1 as amended, the amendment as amended was adopted by a viva voce vote. On motion of Senator Duncan and by unanimous consent, the caption was amended to conform to the body of the bill as amended. The bill as amended was passed to engrossment by a viva voce vote. RECORD OF VOTE Senator Nixon asked to be recorded as voting "Nay" on the passage of the bill to engrossment. MOTION TO PLACE SENATE BILL 411 ON THIRD READING Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 411 be placed on its third reading and final passage. The motion was lost by the following vote: Yeas 23, Nays 7. (Not receiving fourfifths vote of Members present) Yeas: Armbrister, Barrientos, Bernsen, Brown, Cain, Carona, Duncan, Ellis, Fraser, Harris, Haywood, Lindsay, Lucio, Madla, Moncrief, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, West, Zaffirini. Nays: Bivins, Gallegos, Jackson, Nelson, Nixon, Wentworth, Whitmire. Absentexcused: Luna. (Senator Duncan in Chair) GUEST PRESENTED Senator Barrientos, joined by Senator Lucio, was recognized and introduced to the Senate Speaker of the California State Assembly Antonio R. Villaraigosa. The Senate welcomed Speaker Villaraigosa. SENATE BILL 274 RECOMMITTED On motion of Senator Bivins and by unanimous consent, SB 274 was recommitted to the Committee on Economic Development. SENATE RULE 11.18 SUSPENDED (Posting Rule) On motion of Senator West and by unanimous consent, Senate Rule 11.18 was



	suspended in order that the Subcommittee on Higher Education might consider the following bills today: SB 1289, SB 1290. 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 8:30 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. MOTION TO ADJOURN On motion of Senator Truan and by unanimous consent, the Senate at 2:55 p.m. agreed to adjourn, upon conclusion of the Local and Uncontested Calendar Session, in memory of Judge Blair Reeves of San Antonio and Michelle Lima, weekend anchor and reporter for KSAT-TV of San Antonio, until 10:00 a.m. tomorrow. MEMORIAL RESOLUTIONS SR 504 by Barrientos: In memory of Jennie P. Ruiz of Austin. SR 505 by Jackson: In memory of Bruce Angel of La Porte. SR 517 by Ellis: In memory of Sonya Bemporad of Dallas. CONGRATULATORY RESOLUTIONS SCR 58 by Ratliff: Congratulating the Atlanta Independent School District. SR 485 by Cain, Nelson: Congratulating Representative Jim Pitts of Waxahachie. SR 495 by Barrientos: Congratulating Mount Sinai Missionary Baptist Church of Austin. SR 496 by Ratliff: Congratulating John Lawless of Diana. SR 497 by Ratliff: Congratulating Daniel Trimmell of Longview. SR 498 by Cain: Congratulating Savoy Elementary School in Savoy. SR 499 by Lucio: Congratulating Bertha Lucio Caballero of Brownsville. SR 503 by Nelson: Congratulating Brandon M. Hill of Arlington. SR 506 by Lindsay: Congratulating Christopher HallSheehy of Houston. SR 507 by Lindsay: Congratulating Adam Martin of Houston. SR 508 by Lindsay: Congratulating Andrew Rihn of Spring. SR 509 - by Lindsay: Congratulating Timothy William Rinko-Gay of Houston. SR 510 by Lindsay: Congratulating Clark Rumsey of Spring. SR 511 by Shapleigh: Congratulating Joyce Edwards Feinberg of El Paso. SR 512 by Shapleigh: Congratulating Ann Schwarz Goodman of El Paso.



	SR 513 by Bivins: Congratulating the Vega High School Lady Longhorns basketball team. SR 514 by Gallegos: Congratulating Beverly Lyle of Dallas. SR 516 by Barrientos: Congratulating Charles "Charlie" Harris Ferrell. SR 518 by Ellis: Congratulating Dr. Jerry and Carolyn Savelle of Crowley. SR 519 by Ellis: Congratulating Petty D. Hunter of Houston. SR 520 by Ellis: Recognizing the University of Houston College of Natural Sciences and Mathematics Alumni Association's Quest for Excellence Award. SR 521 by Cain: Congratulating Savoy High School in Savoy. SR 522 by Armbrister: Congratulating the Fayette Regional Air Center in La Grange. MISCELLANEOUS RESOLUTION HCR 61 (Barrientos): Designating February 9, 1999, as Texas Hospice Day. RECESS On motion of Senator Truan, the Senate at 2:57 p.m. recessed until 8:30 a.m. tomorrow for the Local and Uncontested Calendar Session. APPENDIX COMMITTEE REPORTS The following committee reports were received by the Senate: March 29, 1999 HEALTH SERVICES - CSSB 676, CSSB 1232 BORDER AFFAIRS - SB 749 ECONOMIC DEVELOPMENT - CSSB 63, CSSB 551 INTERGOVERNMENTAL RELATIONS - SB 553, SB 688, SB 711, SB 843, SB 1185, SB 1477, SB 1512, CSSB 568, CSSB 710, CSSB 769, CSSB 779, CSSB 790, CSSB 888, CSSB 1359, CSSB 1469, CSSB 1595, SB 844 STATE AFFAIRS - CSSB 515, SB 190, SB 583, SB 639, SB 681, SB 682, SB 744, SB 747, SB 775, SB 817, SB 834, SB 852, SB 916, SB 971, SB 987, SB 997, SB 1245, SB 1252, SB 1647, SB 1648, CSSB 514, SB 693 (Amended), CSSB 801, CSSB 853, CSSB 1035, CSSB 1169, CSSB 1280 EDUCATION - CSSB 40, CSSB 10 NATURAL RESOURCES - CSSB 631, SB 754 CRIMINAL JUSTICE - CSSB 32, CSSB 421



	FINANCE - SB 762, SB 1320, SB 1321 VETERAN AFFAIRS AND MILITARY INSTALLATIONS - SB 930 SENT TO GOVERNOR March 26, 1999 SB 85, SB 115