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, Madla, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire, Zaffirini.

Absent-excused: Luna.

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

The Reverend Richard E. Tankerson, Bethel African Methodist Episcopal Church, San Antonio, offered the invocation as follows:

O Lord, our heavenly Father, who from Your throne beholds all the dwellers upon the Earth, especially the beloved State of Texas, we heartily beseech You on behalf of the Governor of this great state, that he might always be inclined to accomplish Your will and walk in Your way. We call upon You, dear Father, to lead, instruct, and inspire the Lieutenant Governor and all the Senators of this august body, whose decisions have far-reaching implications for us all. Bless each of them so that the application of their collective power and authority might be dedicated to the advancement of Your glory, as well as to the safety, honor, and general welfare of the beautiful citizens of Texas. Fix it, Lord, so that all things may be so ordered and settled by their endeavors upon the best and surest foundations, that peace, happiness, truth, and justice might be established among us for all generations. Bring the business of this 76th Legislative Session under Your personal scrutiny so that all who share in these proceedings might become evermore conscious of a divine calling to devote their collective strength to the advancement of the common good. Through Your wonderful and glorious name we ask it all. Amen.

On motion of Senator Truan and by unanimous consent, the reading of the Journal of the proceedings of yesterday was dispensed with and the Journal was approved.

LEAVE OF ABSENCE

On motion of Senator Barrientos, Senator Luna was granted leave of absence for today on account of illness.

CO-AUTHORS OF SENATE BILL 441

On motion of Senator Ellis and by unanimous consent, Senators Gallegos, Moncrief, Shapleigh, Truan, and Zaffirini will be shown as Co-authors of SB 441.

CO-AUTHOR OF SENATE BILL 531

On motion of Senator Haywood and by unanimous consent, Senator Ratliff will be shown as Co-author of SB 531.

CO-AUTHOR OF SENATE BILL 699

On motion of Senator Carona and by unanimous consent, Senator Ellis will be shown as Co-author of SB 699.

CO-AUTHOR OF SENATE BILL 1265

On motion of Senator Ellis and by unanimous consent, Senator Haywood will be shown as Co-author of SB 1265.

CO-AUTHOR OF SENATE JOINT RESOLUTION 16

On motion of Senator Barrientos and by unanimous consent, Senator Zaffirini will be shown as Co-author of SJR 16.

CO-AUTHOR OF SENATE CONCURRENT RESOLUTION 38

On motion of Senator Shapleigh and by unanimous consent, Senator Duncan will be shown as Co-author of SCR 38.

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 1843, SB 1844, SB 1845, SB 1846.

SENATE BILLS ON FIRST READING

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

SB 1843 by Nixon

Relating to coverage of eye care services under certain health benefit plans; to civil liability of optometrists; to the regulation of optometry; providing an administrative penalty.

To Committee on Health Services.

SB 1844 by Ratliff

Relating to the allocation of certain tax revenue to the Parks and Wildlife Department.

To Committee on Finance.

SB 1845 by Bivins

Relating to amendments of permits for facilities that emit air contaminants.

To Committee on Natural Resources.

SB 1846 by Brown

Relating to the exception from required disclosure under the public information law of certain information related to peace officers killed in the line of duty.

To Committee on State Affairs.

SB 1847 by Madla

Relating to the creation of the Trans-Pecos Groundwater Conservation District. (Local Bill)

To Committee on Natural Resources.

SB 1848 by Madla

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

To Committee on Natural Resources.

SB 1849 by Gallegos

Relating to the creation of the Aldine Community Improvement District; authorizing the issuance of bonds and the imposition of taxes. (Local Bill)

To Committee on Intergovernmental Relations.

SB 1850 by Armbrister

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

To Committee on Natural Resources.

HOUSE BILLS ON FIRST READING

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

HB 142 to Committee on Criminal Justice.

HB 690 to Committee on Natural Resources.

HB 965 to Committee on Economic Development.

GUESTS PRESENTED

Senator Zaffirini was recognized and introduced to the Senate Jose L. Flores, City of Laredo Airport Director.

Senator Zaffirini also introduced a group of students from La Vernia Middle School in La Vernia.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator West was recognized and introduced to the Senate a group of college students from Paul Quinn College, Dallas Baptist University, Austin College, Southern Methodist University, Southwestern Adventist University, Texas Christian University, Texas Wesleyan University, and the University of Dallas, all of which are Texas Equalization Grant recipients and active members of Independent Colleges and Universities of Texas.

The Senate welcomed its guests.

(Senator Fraser in Chair)

SENATE CONCURRENT RESOLUTION 62

Senator Sibley offered the following resolution:

WHEREAS, Wednesday, April 7, 1999, has been selected by the citizens of Hood County as a special day to gather at the State Capitol to recognize and celebrate the contributions of Hood County to the heritage of the State of Texas; and

WHEREAS, Organized in 1866, Hood County was named for Confederate

General John B. Hood; and

WHEREAS, The Granbury Opera House, built in the 1880s, is restored and is now the centerpiece of Granbury's historic district which includes historic homes and fine antique shops; and

WHEREAS, Granbury, the county seat of Hood County, also is known for its celebrations and festivals and as home to the Dora Lee Langdon Cultural and Education Center of Tarleton State University; and

WHEREAS, Hood County, crossed by the Paluxy and Brazos rivers, is home to Lake Granbury, a scenic site for fishing, picnicking, and water sports; and

WHEREAS, Hood County is noted for its agribusiness, including production of hay, peanuts, and pecans; the area is noted for its rolling grasslands, sandy soil, and majestic pecan trees; and

WHEREAS, Hood County is justifiably proud of its history, culture, progressive development, and contributions to the heritage of the State of Texas; and

WHEREAS, This special day is an appropriate occasion for the Texas Legislature to recognize the citizens of Hood County and to commend them for their notable endeavors and achievements; now, therefore, be it

RESOLVED, That the 76th Legislature of the State of Texas hereby declare April 7, 1999, as Hood County Day at the Capitol and join Hood County residents as they celebrate their county's greatness; and, be it further

RESOLVED, That a copy of this resolution be prepared for the citizens of Hood County as an expression of the recognition and appreciation of the Texas Legislature.

The resolution was read.

On motion of Senator Sibley and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote.

GUESTS PRESENTED

Senator Sibley was recognized and introduced to the Senate a delegation of citizens from Hood County.

The Senate welcomed its guests.

CAPITOL PHYSICIAN

The Presiding Officer recognized Senator Duncan, who presented Dr. Patrick Hanford of Lubbock as the "Doctor for the Day."

Dr. Hanford, participating in the "Capitol Physician" program sponsored by the Texas Academy of Family Physicians, was made welcome by the Senate.

SENATE RESOLUTION 541

Senator Haywood offered the following resolution:

WHEREAS, The Senate of the State of Texas proudly recognizes the Midwestern State University men's basketball team for earning a 1999 conference championship by winning the Lone Star Conference post-season tournament; and

WHEREAS, The Lone Star Conference is the largest athletic conference in the National Collegiate Athletic Association; the conference originated in 1931 and

consists of 17 members; Midwestern State University was admitted in 1994; and

WHEREAS, In addition to winning the conference championship, season highlights for the Midwestern State University basketball team included playing before a Lone Star Conference record of 5,425 fans at the Abilene Christian game, finishing as the third highest scoring team in the nation, and tying with another school as the Most Improved Team in the National Collegiate Athletic Association Division II; and

WHEREAS, Throughout the season, team members have showed remarkable talent and have manifested the fine skills and discipline instilled in them by head coach Jeff Ray, assistant coach Greg Giddings, student assistant coach Jay Lyle, volunteer coach Dr. Gerald Stockton, head trainer Dan Brown, graduate assistant trainer Charlie Post, and student assistant trainer Bill Hardie; and

WHEREAS, The team's dedicated players are Edgar Arteaga, Tony Avezzano, Rodney Beasley, Charlie Bennett, Donald Hamilton, Dan Haythorn, Jerome Jackson, Richard Johnson, Adam Mason, Jonathan Pastusek, Craig Snodgrass, and Terrence Thomas; and

WHEREAS, Also deserving credit for this year's conference championship are Dr. Louis J. Rodriguez, president of the university since 1981, Dr. Bob McBee, the university's athletic director, and Stan Wagnon, the director of sports information/marketing and promotions; and

WHEREAS, Exhibiting perseverance and respect for the highest ideals of American sportsmanship, the Midwestern State University men's basketball team has brought honor to the university and to the state; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby commend the Midwestern State University men's basketball team on its victory and extend congratulations to the coaches and trainers and to each of the players; and, be it further

RESOLVED, That copies of this Resolution be prepared for the team members as a token of esteem from the Texas Senate.

The resolution was again read.

The resolution was previously adopted on Wednesday, March 31, 1999.

SENATE RESOLUTION 542

Senator Haywood offered the following resolution:

WHEREAS, It is with genuine pleasure that the Texas Senate recognizes the Midwestern State University women's soccer team, which recently won the 1998 Lone Star Conference tournament title as well as the regular season's championship; and

WHEREAS, The women's soccer team began competing in 1995; the Lady Indians won the 1996 tournament title and the regular season championship in 1997, but 1998 has been the first time that any team has earned both Lone Star Conference titles in the same year; and

WHEREAS, Under the excellent coaching of head coach Jeff Trimble, graduate assistant coach Rob Woodard, graduate assistant coach Stacy Lamb, head trainer Dan Brown, and student assistant trainer Kathy Mihecoby, the Lady Indians overcame some of the most formidable teams in their conference to win their championship titles; and

WHEREAS, Also deserving of recognition are Dr. Louis J. Rodriguez, president

of Midwestern State University, Dr. Bob McBee, athletic director, and Stan Wagnon, director of sports information/marketing and promotions; and

WHEREAS, The women's soccer team members Becky Athey, Adrienne Autry, Sara Barstad, Catherine Bonner, Angela Boyd, Melissa Butz, Jennifer Ealy, Sara Fusco, Candace Kelley, Lindsey Kiser, Kelli Knecht, Jamie Lamb, April Lasater, Kellie Lawrence, Stacy Metcalf, Ressa Morris, Meg Morrison, Robin Murphy, Lynette Osborne, Courtney O'Connor, Kristi Phillips, Dana Price, Stephanie Reed, Kendra Roberson, Melody Roland, Amanda Sanders, Erika Schoenrock, Nicole Shook, Shannon Spath, Lauren Traut, Heather Watson, Katie Wilson, and Holly Wooton are to be commended for their notable achievements; they ended their season with 15 consecutive wins; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby extend hearty congratulations to the Midwestern State University women's soccer team for its capture of both the regular season championship and the Lone Star Conference tournament title; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the team as an expression of the highest regard of the Texas Senate.

The resolution was again read.

The resolution was previously adopted on Wednesday, March 31, 1999.

GUESTS PRESENTED

Senator Haywood was recognized and introduced to the Senate members of the women's soccer team and men's basketball team of Midwestern State University in Wichita Falls.

The Senate welcomed its guests.

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.

Directors, Texas Turnpike Authority division of the Texas Department of Transportation Board: Samuel E. Barshop, Bexar County; Alan L. Johnson, Cameron County; Mary Q. Kelly, Bexar County.

Presiding Officer, Texas Turnpike Authority division of the Texas Department of Transportation Board: Pete Winstead, Travis County.

Member, Texas Veterans Commission: James Stewart Duncan, Harris County.

Members, Texas Statewide Emergency Services Personnel Retirement Fund State Board of Trustees (formerly Fire Fighters' Relief and Retirement Fund Board of Trustees): Timothy M. Bogisch, Guadalupe County; Kyle Allen Donaldson, Sutton County; Landon Grant McClain, Wharton County; Allen J. Scopel, Fort Bend County.

Members, State Cemetery Committee: Martin L. Allday, Travis County;

George E. Christian, Travis County; Ralph E. Wayne, Travis County.

Members, Texas State Board of Examiners of Perfusionists: Debra Sue Douglass, Tarrant County; Mo Adam Mahmood, Ph.D., El Paso County; Steven A. Raskin, Fort Bend County.

Rio Grande Compact Commissioner of Texas: Joe G. Hanson, El Paso County.

Members, Board of Pilot Commissioners for the Sabine Bar, Pass, and Tributaries: George W. Gardner, Jefferson County; George O. Hudspeth, Jefferson County; Frederick L. Jackson, Hardin County; Jean M. Sheridan, Jefferson County; Roy Nelson Steinhagen, Jefferson County.

Members, Texas State Board of Podiatric Medical Examiners: Kathryn M. Boyd, Williamson County; Donald Wayne Falknor, D.P.M., Fort Bend County; Jimmie D. Lummus, D.P.M., Tom Green County; Barbara Gail Joiner Young, Harris County.

Members, Polygraph Examiners Board: Elizabeth Perez Bellegarde, El Paso County; Edward Lawrence Hendrickson, Harris County; Robert J. Kruckemeyer, Harris County; William K. Teigen, Dallas County.

Members, Texas State Board of Examiners of Psychologists: Betty Holmes Ray, Taylor County; M. David Rudd, Ph.D., Bell County; Nelda Smith, Gregg County; Brian H. Stagner, Ph.D., Brazos County.

Members, Texas Health Benefits Purchasing Cooperative Board of Trustees: Esperanza P. "Hope" Andrade, Bexar County; Jeffrey P. Lawlor, Travis County.

Members, Red River Authority of Texas Board of Directors: Carol Carlson, Ph.D., Archer County; William K. Daniel, Wichita County; Cliff A. Skiles, Jr., D.V.M., Deaf Smith County.

Members, Upper Colorado River Authority Board of Directors: Jack H. Brewer, Coke County; Fred R. Campbell, Concho County; Hope Wilson Huffman, Tom Green County.

NOTICE OF CONSIDERATION OF NOMINATIONS

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

GUESTS PRESENTED

Senator Haywood was recognized and introduced to the Senate a delegation of citizens from the cities of Chillicothe, Crowell, Quanah, and Vernon.

The Senate welcomed its guests.

(President in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 656 ON THIRD READING

On motion of Senator Wentworth and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its third reading and final passage:

CSSB 656, Relating to the transfer of certain products containing ephedrine to a person 17 years of age or younger; creating an offense.

The bill was read third time.

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 656 on third reading as follows:

In Section 1 of the bill, Sec. 481.1365(a)(1)(A) (page 1, line 22), insert at the end of subsection (A) following "licensed by this state" and before the semicolon: "who has obtained, as required by law, consent to the treatment of the person to whom the product is furnished".

By unanimous consent, the amendment was read and was adopted by a viva voce vote.

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

CSSB 656 as again amended was finally passed by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 456 ON SECOND READING

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

CSSB 456, Relating to facilitating and supporting efforts of certain municipalities to promote economic development by hosting the Pan American Games and the Olympic Games.

There was objection.

Senator Madla then moved to suspend the regular order of business and take up CSSB 456 for consideration at this time.

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

Yeas: Armbrister, Barrientos, Brown, Cain, Carona, Ellis, Fraser, Gallegos, Harris, Jackson, Lindsay, Lucio, Madla, Moncrief, Nixon, Ogden, Shapiro, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire, Zaffirini.

Nays: Bernsen, Bivins, Duncan, Haywood, Nelson, Ratliff.

Absent-excused: Luna.

(Senator Carona in Chair)

The bill was read second time and was passed to engrossment by the following vote: Yeas 22, Nays 8.

Yeas: Armbrister, Barrientos, Brown, Cain, Carona, Ellis, Gallegos, Harris, Jackson, Lindsay, Lucio, Madla, Moncrief, Nixon, Ogden, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire, Zaffirini.

Nays: Bernsen, Bivins, Duncan, Fraser, Haywood, Nelson, Ratliff, Shapiro.

Absent-excused: Luna.

GUESTS PRESENTED

Senator Cain was recognized and introduced to the Senate members of the White Rock Democrats of Lake Highlands in Dallas.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate a group of fifth-grade students from Barton Hills Elementary School in Austin, accompanied by their teachers.

The Senate welcomed its guests.

(President in Chair)

SENATE RESOLUTION 551

Senator Ogden offered the following resolution:

WHEREAS, The Senate of the State of Texas is honored to recognize the 1998-1999 Mexia boys basketball team for winning its first ever University Interscholastic League Class 3A championship; and

WHEREAS, Upsetting the Seminole Indians 77-71 brought to an end a drought of 31 years for the Mexia Runnin' Black Cats who had not made it to the state finals since 1968; and

WHEREAS, A crowd of 12,834 fans were on hand to witness this exciting and emotional overtime victory; a game hard fought by a team with a fierce fighting spirit and a dream of bringing home the state title; and

WHEREAS, For their valiant efforts and true championship form these fine young men, their coaches, their managers, and their trainer merit legislative recognition: J. T. Brown, Rickey Huckaby, Sam Chambers, Jesse Kimbrough, Willie Jefferson, Tedrick Mathews, Greg Dunn, Freddie Hall, Donavan Smith, Tim Hubbard, John McGilvray, James Collins, Bridger Winsor, Demar Chambers, Mikey Guthrie, head coach Terrul Henderson, assistant coaches Randy Ewers and John Fonteneaux, managers Chase Adams, Cody Bluitt, Wesley Groth, and Duke Pittman, and trainer Chris Parks; and

WHEREAS, These dedicated young men have brought honor to themselves, the community of Mexia, and the Runnin' Black Cats; their exhibition of perseverance, team unity, and respect for the highest ideals of American sportsmanship should not go unnoticed; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby commend the Mexia boys basketball team on its championship and extend congratulations to all those involved in this remarkable season; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the coaches and each of the team players as a token 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 Ogden, the resolution was adopted by a viva voce vote.

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate members of the Mexia High School Runnin' Black Cats basketball team, winners of the University Interscholastic League Class 3A championship, accompanied by their coaches.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Sibley was recognized and introduced to the Senate a group of seventh- and eighth-grade students from the Malone Independent School District, accompanied by their teachers.

The Senate welcomed its guests.

(Senator Sibley in Chair)

SENATE RESOLUTION 565

Senator Ratliff offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pride in recognizing Roy Jordan Ramsay, a student at Mount Vernon High School, who recently won the Department of Texas Veterans of Foreign Wars Voice of Democracy competition; and

WHEREAS, Roy was recognized as the first-place winner in the Department of Texas at a ceremony on January 23, 1999; his victory earned him a cash prize and a trip to Washington, D.C., where he competed with other winners from throughout the United States and finished in fourth place in the national essay contest; and

WHEREAS, The Department of Texas Veterans of Foreign Wars Voice of Democracy competition is an audio essay contest that provides high school students with the opportunity to express their beliefs about the rights and responsibilities of being an American citizen; and

WHEREAS, The theme of the 1998-1999 contest was "My Service to America," and Roy produced an award-winning essay celebrating the cause of freedom and democracy, earning first place over thousands of other young Texans who participated in the event; and

WHEREAS, Roy is a talented and industrious student and is a model for students of all ages in the State of Texas; he is the son of Laurie Manning Ramsay and State Representative Tom Ramsay; and

WHEREAS, An exemplary young man with an engaging personality, Roy strives for excellence in all of his endeavors, and he is a source of much pride to his family, his school, and his community; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby commend Roy Jordan Ramsay on his many accomplishments and extend congratulations to him on winning the Department of Texas Veterans of Foreign Wars Voice of Democracy competition; and, be it further

RESOLVED, That a copy of this Resolution be prepared for him 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 Ratliff, the resolution was adopted by a viva voce vote.

GUESTS PRESENTED

Senator Ratliff was recognized and introduced to the Senate Roy Jordan Ramsay of Mount Vernon, accompanied by his parents, Laurie Manning Ramsay and Representative Tom Ramsay.

The Senate welcomed its guests.

COMMITTEE SUBSTITUTE

SENATE BILL 76 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 76, Relating to requiring the Texas Natural Resource Conservation Commission to develop a water supply model for the Rio Grande.

The bill was read second time.

Senator Brown offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 76 as follows:

(1) In SECTION 1 of the bill, strike the introductory language and new Subsection (h), Section 16.012, Water Code (Committee printing, page 1, lines 14 through 27), and substitute the following:

Section 16.012, Water Code, is amended by adding a new Subsection (h) and redesignating existing Subsections (h), (i), and (j) as Subsections (i), (j), and (k) to read as follows:

(h) Not later than December 31, 2003, the commission shall obtain or develop an updated water supply model for the Rio Grande. Recognizing that the Rio Grande is an international river touching on three states of the United States and five states of the United Mexican States and draining an area larger than the State of Texas, the model shall encompass to the extent practicable the significant water demands within the watershed of the river as well as the unique geology and hydrology of the region. The commission may collect data from all jurisdictions that allocate the waters of the river, including jurisdictions outside this state.

(2) In SECTION 1 of the bill, redesignated and amended Subsection (i), Section 16.012, Water Code (Committee printing, page 1, lines 34 through 37), strike the last sentence.

(3) Between SECTIONS 1 and 2 of the bill, add a new SECTION 2 to the bill to read as follows:

SECTION 2. The implementation of Section 16.012(h), Water Code, as added by this Act, is contingent on the appropriation by the 77th Legislature of funds for the purpose of that subsection.

(4) Renumber existing SECTION 2 of the bill as SECTION 3.

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

Senator Zaffirini offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 76 as follows:

On page 1, line 27 (committee printing), insert the following after the period: "The model must be capable of evaluating the effects of allowing cities on the Rio Grande to receive credit for wastewater flows that are returned to the river."

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

On motion of Senator Truan 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 76 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 76 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 1.

Nays: Wentworth.

Absent-excused: Luna.

CSSB 76 was read third time and was passed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

GUEST PRESENTED

Senator Nelson was recognized and introduced to the Senate Tom Landry, former coach of the Dallas Cowboys football team, representing the Lisa Landry Childress Foundation.

The Senate welcomed Mr. Landry.

(President in Chair)

(Senator Bivins in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 779 ON SECOND READING

On motion of Senator Madla 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 779, Relating to the payment of ad valorem taxes by electronic funds transfer.

The bill was read second time.

Senator Madla offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 779 as follows;

(1) Strike SECTION 1 of the bill (Committee Printing page 1, lines 13-45) and renumber the subsequent SECTIONS accordingly.

(2) In SECTION 2 of the bill (Committee Printing page 1, lines 51-57), strike the last sentence of amended Section 31.06(a), Tax Code, and substitute the following:

A collector and a person may enter into an agreement under which the person pays taxes by electronic funds transfer. The agreement must:

(1) be in writing;

(2) be signed by the collector and the person; and

(3) specify the means or format of payment by electronic funds transfer.

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

On motion of Senator Madla 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 779 ON THIRD READING

Senator Madla moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 779 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 1.

Nays: Wentworth.

Absent-excused: Luna.

CSSB 779 was read third time and was passed by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 122 ON SECOND READING

On motion of Senator Nelson and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

CSSB 122, Relating to automated external defibrillator devices.

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

COMMITTEE SUBSTITUTE

SENATE BILL 122 ON THIRD READING

Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 122 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 1.

Nays: Wentworth.

Absent-excused: Luna.

CSSB 122 was read third time and was passed by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 1319 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 1319, Relating to procedures for tax auditing and collection.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1319 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 1319 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 1.

Nays: Wentworth.

Absent-excused: Luna.

CSSB 1319 was read third time and was passed by a viva voce vote.

SENATE BILL 1252 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 1252, Relating to broadcasting public meetings over the Internet.

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

SENATE BILL 1252 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 1252 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 1.

Nays: Wentworth.

Absent-excused: Luna.

SB 1252 was read third time and was passed by a viva voce vote.

(President in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 1165 ON SECOND READING

On motion of Senator Wentworth 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 1165, Relating to the designation of water quality protection zones.

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

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Armbrister and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Criminal Justice might consider SB 650 today.

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 11:50 a.m. agreed to adjourn, upon conclusion of the Local and Uncontested Calendar Session, in memory of Emmett Lee Johnson of Austin, until 10:00 a.m. tomorrow.

MEMORIAL RESOLUTION

HCR 43 - (Gallegos): In memory of Ervan Chew.

CONGRATULATORY RESOLUTIONS

SR 562 - by Truan: Congratulating the Expanded Nutrition Program of the Texas Agricultural Extension Service.

SR 563 - by Duncan: Congratulating R. C. Taylor Wholesale, Incorporated, in Lubbock.

SR 564 - by Duncan: Congratulating J. W. Hamby of Plainview.

SR 567 - by Barrientos: Congratulating Students Against Destructive Decisions at Anderson High School in Austin.

SR 568 - by Ellis: Congratulating Police Officer Vonda Higgins of Houston.

SR 569 - by Ellis: Congratulating Frederick A. Perrenot of Houston.

SR 570 - by Ellis: Congratulating Pastor Rudolph White, Jr., of Missouri City.

SR 571 - by Cain, Bernsen: Congratulating Tom Ellis of Paris, Texas.

SR 573 - by Haywood: Congratulating the McKinney Municipal Airport.

MISCELLANEOUS RESOLUTIONS

SR 560 - by Ogden: Declaring Ruth Mantor of Taylor a Living Texas Treasure.

SR 561 - by Moncrief: Recognizing National Tartan Day on April 6, 1999.

RECESS

On motion of Senator Truan, the Senate at 11:50 a.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:

April 7, 1999

ECONOMIC DEVELOPMENT - CSSB 1107

EDUCATION - CSSB 103, CSSB 330, CSSB 332, CSSB 491, CSSB 870, CSSB 955, CSSB 1026, CSSB 1472

STATE AFFAIRS - SB 925, SB 926, SB 1487, SB 1749, SJR 3

HEALTH SERVICES - SB 1361, SB 1085, SB 1133

BORDER AFFAIRS - SB 630, SB 304, SB 715, SB 1503

HUMAN SERVICES - SB 1049, SB 1095

ADMINISTRATION - CSSB 995, SB 1457, CSSB 1545, SB 1546

EDUCATION - CSSB 1763