Thursday, April 8, 1999



	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 David E. Stine, University Baptist Church, Austin, offered the invocation as follows: Alone, O God, alone with Thee, where none could speak, nor hear, nor see the bar I've placed across my heart, I lift and bid the doors to part on rusty hinges open wide and let, just once, Your love inside. And when I turn to close the door and put the bar in place once more, my heart so filled with Thee, I find the doors could not be closed behind. Almighty God, we're assembled in this place this morning to make decisions, to represent people of this great state. It is my prayer that You would bless these Your people and that You would extend to each and every one a sense of Your power and Your presence, that every decision might be made with sensitivity to our community and to our state. Father, help us daily to be mindful of Your presence, and may we always be sensitive to do Your will. We pray for this nation and for those that are in exile across the world. May we lift those up today. This is my prayer. 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 184 On motion of Senator Barrientos and by unanimous consent, Senators Cain, Gallegos, Lucio, Moncrief, Nixon, Shapleigh, Truan, and Zaffirini will be shown as Co-authors of SB 184. CO-AUTHOR OF SENATE BILL 456 On motion of Senator Madla and by unanimous consent, Senator West will be shown as Co-author of SB 456. CO-AUTHOR OF SENATE BILL 531 On motion of Senator Haywood and by unanimous consent, Senator Cain will be shown as Co-author of SB 531. CO-AUTHORS OF SENATE BILL 695



	On motion of Senator Luna and by unanimous consent, Senators Lucio and Zaffirini will be shown as Co-authors of SB 695. CO-AUTHOR OF SENATE BILL 931 On motion of Senator Madla and by unanimous consent, Senator Haywood will be shown as Co-author of SB 931. CO-AUTHOR OF SENATE BILL 1128 On motion of Senator Armbrister and by unanimous consent, Senator Barrientos will be shown as Co-author of SB 1128. CO-AUTHOR OF SENATE BILL 1130 On motion of Senator Armbrister and by unanimous consent, Senator Barrientos will be shown as Co-author of SB 1130. CO-AUTHOR OF SENATE BILL 1237 On motion of Senator Nelson and by unanimous consent, Senator Madla will be shown as Co-author of SB 1237. CO-AUTHOR OF SENATE BILL 1457 On motion of Senator West and by unanimous consent, Senator Ellis will be shown as Co-author of SB 1457. CO-AUTHORS OF SENATE JOINT RESOLUTION 16 On motion of Senator Barrientos and by unanimous consent, Senators Cain, Gallegos, Lucio, Moncrief, Nixon, Shapleigh, and Truan will be shown as Co-authors of SJR 16. PERMISSION TO INTRODUCE BILL AND RESOLUTION 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 and resolution: SJR 44, SB 1851. SENATE BILL AND RESOLUTION ON FIRST READING The following bill and resolution were introduced, read first time, and referred to the committees indicated: SB 1851 by Wentworth, Carona, Shapleigh, Whitmire, Armbrister Relating to public access to governmental information and decisions, including revisions to the public information law; providing a penalty. To Committee on State Affairs. SJR 44 by Fraser Proposing a constitutional amendment providing for the issuance of general obligation bonds to finance grants for the restoration of county courthouses. To Committee on Finance. RESOLUTIONS SIGNED The President announced the signing of the following enrolled resolutions in the presence of the Senate: HCR 43, HCR 122. GUEST PRESENTED



	Senator Zaffirini, joined by Senators Shapleigh and Truan, was recognized and introduced to the Senate Dr. Gustavo Martinez. The Senate welcomed Dr. Martinez. GUEST PRESENTED Senator Shapleigh, joined by Senators Truan and Zaffirini, was recognized and introduced to the Senate Jennifer Candelaria of El Paso. The Senate welcomed Ms. Candelaria. (Senator Armbrister in Chair) SENATE RESOLUTION 579 Senator Bernsen offered the following resolution: WHEREAS, The Senate of the State of Texas takes pride in recognizing the Beaumont Chamber of Commerce for its many contributions to the citizens of Beaumont and Jefferson County; and WHEREAS, Located on the Neches River near the Big Thicket National Preserve, the City of Beaumont is the county seat of Jefferson County and is an industrial inland port that houses one of the world's largest petrochemical and refining complexes; and WHEREAS, The Beaumont Chamber of Commerce was founded in 1903 and is a volunteer-driven organization supported and funded through membership investments of a wide range of businesses, industrial and professional members, and institutions and individuals; there are currently 1,400 member companies and 1,700 voting member representatives; and WHEREAS, The chamber was organized to advance the economic, industrial, agricultural, professional, cultural, and civic welfare of the City of Beaumont and the Sabine area; the chamber encourages the growth of existing industries and businesses and assists new firms and individuals in relocating to the area; and WHEREAS, Committed to improving the lifestyle of area citizens, the Beaumont Chamber of Commerce focuses on economic development and education and follows policies that reflect the needs and concerns of the people of the whole region; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby commend the members of the Beaumont Chamber of Commerce on their dedication to the chamber's mission and their many accomplishments on behalf of the community; and, be it further RESOLVED, That a copy of this Resolution be prepared for the chamber 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 Bernsen, the resolution was adopted by a viva voce vote. GUESTS PRESENTED Senator Bernsen was recognized and introduced to the Senate a delegation from the Beaumont Chamber of Commerce.



	The Senate welcomed its guests. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas April 8, 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 381, Relating to rights of survivorship transfer of a motor vehicle or manufactured home. HB 1018, Relating to participation of cities and counties in the National Flood Insurance Program. HB 1066, Relating to dealers of certain farm and industrial equipment. HB 1193, Relating to the licensing and regulation of manufactured housing. HB 1355, Relating to the adoption of the Red River Boundary Compact. HB 1401, Relating to the continuation and functions of the Texas Commission for the Deaf and Hard of Hearing. HB 1402, Relating to the continuation and functions of the Texas Rehabilitation Commission. HB 1610, Relating to the continuation, functions, and change of the name of the Texas Planning Council for Developmental Disabilities. HB 1713, Relating to the harassment of persons by individuals imprisoned or confined in adult or juvenile correctional facilities; creating an offense. HB 1814, Relating to a local option election for the sale of mixed beverages by a food and beverage certificate holder. HCR 6, Honoring Tatum Hubbard, Miss Texas, 1998. HCR 10, In memory of LeRoy LaSalle. HCR 21, Congratulating Roy A. Roberts on the occasion of his retirement from the Brazos River Authority. HCR 22, Congratulating the Midland Lee High School Rebels for their Class 5A Division II highschool football championship. HCR 25, Honoring the Trinidad Trojans as the six-man high school football state champions. HCR 37, In memory of Norman Nagle Moser.



	HCR 38, Congratulating Walter G. Hall, Sr., on being named Galveston County's 1998 Citizen of the Year. HCR 39, In memory of Page Keeton. HCR 47, In memory of former State Representative Renal Rosson. HCR 48, Honoring the Colorado River Municipal Water District for 50 years of service to West Texans. HCR 51, Honoring Dr. Jack Christie for his fine work for the State Board of Education. HCR 69, Honoring the 50th anniversary of the partnership between The Odessa American and Freedom Communications, Inc. HCR 70, In memory of Robert Marvin Bird. HCR 71, In memory of the Reverend Carl J. Grissom. HCR 72, In memory of the Reverend Jim R. Wilson. HCR 73, In memory of Dr. Orman Lanier "Lanny" Kimbrough IV. HCR 74, In memory of Florence McCarley Walker. HCR 78, Celebrating the birth of Meredith Suzanne Satterwhite. HCR 89, In memory of Sarah Elisabeth Worley of Denton. HCR 94, In memory of Dr. Jack Burton. HCR 95, In memory of Q. L. "Shorty" Hall. HCR 104, Commemorating the Texas Forts Trail. HCR 105, In memory of Dr. Saul Severino Trevino. HCR 112, Congratulating Lois Jean Moore on her retirement from the Harris County Hospital District. SB 395, Relating to the employment of a person by counties with civil service systems. SCR 55, Declaring March 30, 1999, as Waco Day at the State Capitol. Respectfully, /s/Sharon Carter, Chief Clerk House of Representatives SENATE RESOLUTION 566 Senator Lucio offered the following resolution: WHEREAS, The Texas Senate takes pride in recognizing April 8, 1999, as "GO TEXAN" day at the Capitol in honor of the significant role Texas agriculture has played in our history and the economy of our state and the unveiling of the "GO TEXAN" Program established by the Texas Department of Agriculture to promote Texas agricultural products; and



	WHEREAS, Agriculture is the state's second largest industry, and Texas is the second leading state in the nation in agricultural cash receipts, earning nearly $15 billion a year, and agriculture employs one in five working Texans; and WHEREAS, The "GO TEXAN" Program will enhance the marketing of Texas agricultural products through a partnership between the Texas Department of Agriculture and producers, commodity organizations, cooperatives and other organizations, and small businesses to increase consumer awareness and expand markets for Texas agricultural products; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby recognize all Texans associated with Texas agriculture and the "GO TEXAN" Program and recognize April 8, 1999, as "GO TEXAN" day at the Capitol; and, be it further RESOLVED, That an official copy of this Resolution be prepared in honor of the Texas agricultural industry and the "GO TEXAN" Program as an expression of appreciation by the Texas Senate. The resolution was read and was adopted by a viva voce vote. SENATE RESOLUTION 495 Senator Barrientos offered the following resolution: WHEREAS, The Senate of the State of Texas is proud to recognize Mount Sinai Missionary Baptist Church of Austin, Texas, on the grand occasion of its 100th anniversary, which is being celebrated April 11, 1999; and WHEREAS, The Mount Sinai Missionary Baptist Church has its roots in the small congregation that met regularly in 1899 in the homes of Carrie Walton and Mr. and Mrs. Denmon; the group eventually obtained property at Poquito and 22nd Street and organized their church; and WHEREAS, Nearly a century later, in 1986, the congregation outgrew the 22nd Street edifice and moved to a site on 38 1/2 Street; in 1994, the church moved to its present location at 5900 Cameron Road; and WHEREAS, Over the years, the Mount Sinai Missionary Baptist Church has ministered faithfully to the spiritual needs of innumerable Christians; and WHEREAS, Due to the guidance and wise stewardship of its pastors, and the outstanding leadership of its current pastor, A. W. Anthony Mays, the church has continued to grow and to undertake many worthy projects within the community; and WHEREAS, Several ministries were added to the church in 1994, including a Women's Ministry, Music Ministry, Marriage Ministry, and Youth Ministry; the Mount Sinai Christian Academy now has an enrollment of 115, and the entire church congregation has expanded to 3,000; the church has a 21-class school, two Bible study classes, and a growing scholarship fund; and WHEREAS, Mount Sinai Missionary Baptist Church has become an invaluable source of strength for its members during their hardships and in times of bereavement; and WHEREAS, The celebration of its 100th anniversary is an expression of the church's enduring commitment to its holy mission and its dedication to tradition and unity among Christians; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby extend best wishes to the clergy and members of Mount Sinai Missionary Baptist



	Church on the jubilant occasion of its 100th anniversary; and, be it further RESOLVED, That a copy of this Resolution be prepared for the church as a token 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 Monday, March 29, 1999. GUESTS PRESENTED Senator Barrientos was recognized and introduced to the Senate the Reverend A. W. Anthony Mays of Mount Sinai Missionary Baptist Church in Austin, accompanied by his wife, Fannie. The Senate welcomed the Reverend and Mrs. Mays. SENATE RESOLUTION 574 Senator Zaffirini offered the following resolution: WHEREAS, Since 1973, the Texas Council for the Humanities, a state partner of the National Endowment for the Humanities, has cultivated our rich cultural heritage, our civic spirit, and our connections to each other; and WHEREAS, The Texas Council for the Humanities has been a force in fostering public understanding and appreciation of Texas' participation in the global community and enlarging our awareness of the role the Lone Star State can play; and WHEREAS, Over the course of the past 25 years, the Texas Council for the Humanities has funded more than 1,500 grant proposals from libraries, museums, colleges, universities, and other cultural organizations in Texas with $9.1 million, matched by sponsor cost-share and private donations totaling nearly $26 million; and WHEREAS, These grants have supported organizations in the largest metropolitan areas and in the smallest towns for programs that preserve community heritage and promote cultural understanding; and WHEREAS, This commendable organization also provides resources, workshops, classroom materials, school exhibits, and technological resources for Texas elementary and secondary teachers; and WHEREAS, With Outstanding Teacher of the Humanities Awards, the Texas Council for the Humanities recognizes teachers who are creative in bringing foreign language, history, social studies, and English language arts to their classrooms; and WHEREAS, For 25 years, the Texas Council for the Humanities has fostered ideas and values that form strong communities and nourish an appreciation for our history, literature, and philosophies; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby commend the Texas Council for the Humanities for 25 years of service to the citizens of the Lone Star State; and, be it further RESOLVED, That an official copy of this Resolution be prepared for the governing board of the Texas Council for the Humanities 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 Zaffirini, the resolution was adopted by a viva voce vote. GUESTS PRESENTED Senator Zaffirini was recognized and introduced to the Senate Richard Hull, Executive Director of the Texas Council for the Humanities, accompanied by staff members, Francis Leonard, Catherine Williams, and Yvonne Gonzalez. The Senate welcomed its guests. CONCLUSION OF MORNING CALL The Presiding Officer, Senator Armbrister in Chair, at 10:33 a.m. announced the conclusion of morning call. 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 Wednesday, April 7, 1999, by Senator Wentworth. Senator Wentworth moved confirmation of the nominees reported yesterday 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 30, Nays 0. Absent-excused: Luna. 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. 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. Members, Texas State University System Board of Regents: Patricia Diaz Dennis, Bexar County; Dionicio "Don" Flores, El Paso County; James A. Hayley, Galveston County. Members, Texas Workers' Compensation Commission: James Michael Lowrey, Brazoria County; Kenneth Lee Moore, Harris County; Lonnie Watson, Johnson County. Members, Texas Board of Criminal Justice: Judge Mary Bacon, Harris County; Don B. Jones, Midland County; William H. "Hank" Moody, Washington County. Public Counsel, Office of Public Insurance Counsel: Roderick A. Bordelon, Jr., Travis County. Counsellor, Office of Public Utility Counsel: Suzi Ray McClellan, Travis County.



	Member, Texas Commission on the Arts: Tony L. Chauveaux, Jefferson County. Members, Teacher Retirement System of Texas Board of Trustees: H. Barham Fulmer II, Smith County; Brenda L. Jackson, Dallas County; Cecilia May Moreno, Webb County. Members, State Board of Examiners for Speech Pathology and Audiology: Judith A. Chambers, Harris County; Lee Reeves, D.V.M., Collin County; R. Eric Reynolds, Tarrant County. Members, Sulphur River Basin Authority Board of Directors: Michael Wayne Huddleston, Bowie County; Charles L. Lowry, Franklin County. Members, Nursing Facility Administrators Advisory Committee: Rosalio Acosta, El Paso County; Jerry F. Anderson, Upshur County; Antonio Falcón, M.D., Starr County; Ramona Dover Kennedy, Denton County; Jewellean Mangaroo, R.N., Ph.D., Harris County; Moira A. Reinhardt, Tarrant County; Esther H. Steinberg, Fort Bend County; Jack Ray Tinsley, Collin County; Jerry Turner, Hill County. Members, Texas Strategic Military Planning Commission: Chino Chapa, Dallas County; Lewis E. Curtis III, Bexar County; Charles de Wetter, El Paso County; Tom H. Gann, Angelina County; Fred Lee Hughes, Taylor County; Samuel Loyd Neal, Jr., Nueces County; Horace G. Taylor, Bell County; Robert E. Tokerud, Dallas County. Presiding Officer, Texas Strategic Military Planning Commission: Charles Alfonso Hines, Waller County. Members, Central Colorado River Authority Board of Directors: Jack B. Horne, Coleman County; William R. Laws, Coleman County; Barbara A. Simmons, Coleman County. Members, Lower Neches Valley Authority Board of Directors: Lonnie Arrington, Jefferson County; Brian Babin, D.D.S., Tyler County; Lois Badeaux Henderson, Tyler County; Patricia M. Neild, Jefferson County; Michael "Arnold" Pierce, Hardin County; John W. Robinson, Hardin County. Members, Sabine River Authority Board of Directors: Sammy Dean Dance, Shelby County; Joyce Plummer Hugman, Gregg County; Richard A. Linkenauger, Hunt County; Ruben S. Martin III, Gregg 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. BIRTHDAY GREETINGS EXTENDED Senator Barrientos was recognized and, joined by the remaining Senators, extended birthday wishes to Senator Bernsen.



	Senator Zaffirini was recognized and, joined by the remaining Senators, extended belated birthday wishes to Senator Ellis, whose birthday was yesterday. COMMITTEE SUBSTITUTE SENATE BILL 1165 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 1165, Relating to the designation of water quality protection zones. The bill was read third time and was passed by a viva voce vote. CAPITOL PHYSICIAN Senator Zaffirini was recognized and presented Dr. Carlos N. Hornedo III of Laredo as the "Doctor for the Day." The Senate welcomed Dr. Hornedo and thanked him for his participation in the "Capitol Physician" program sponsored by the Texas Academy of Family Physicians. SENATE BILL 872 ON SECOND READING On motion of Senator Brown 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 872, Relating to the lease, transfer, sale, or exchange of Parks and Wildlife Department lands. The bill was read second time and was passed to engrossment by a viva voce vote. SENATE BILL 872 ON THIRD READING Senator Brown moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 872 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 872 was read third time and was passed by a viva voce vote. GUEST PRESENTED Senator Shapiro was recognized and introduced to the Senate former National Football League All-Pro defensive tackle for the Dallas Cowboys, Randy White. The Senate welcomed Mr. White. GUESTS PRESENTED Senator Lindsay was recognized and introduced to the Senate a delegation of citizens from the City of Houston.



	The Senate welcomed its guests. (President in Chair) SENATE JOINT RESOLUTION 16 ON SECOND READING On motion of Senator Barrientos 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: SJR 16, Proposing a constitutional amendment providing for the issuance of general obligation bonds to finance educational loans to students. The resolution was read second time and was passed to engrossment by a viva voce vote. SENATE JOINT RESOLUTION 16 ON THIRD READING Senator Barrientos moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SJR 16 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. SJR 16 was read third time and was passed by the following vote: Yeas 30, Nays 0. Absent-excused: Luna. SENATE BILL 184 ON SECOND READING On motion of Senator Barrientos 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 184, Relating to the student loan program administered by the Texas Higher Education Coordinating Board; authorizing the issuance of bonds. The bill was read second time and was passed to engrossment by a viva voce vote. SENATE BILL 184 ON THIRD READING Senator Barrientos moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 184 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 184 was read third time and was passed by the following vote: Yeas 30, Nays 0. Absent-excused: Luna. COMMITTEE SUBSTITUTE



	SENATE BILL 441 ON SECOND READING On motion of Senator Ellis 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 441, Relating to exemptions from the sales tax. The bill was read second time. Senator Barrientos offered the following amendment to the bill: Floor Amendment No. 1 Amend the committee printing of CSSB 441 as follows: 1) On page 1, line 62 strike "$200" and replace with "$100" 2) On page 2, line 2 strike "second Friday" and replace with "third Friday" The amendment was read. Senator Ellis moved to table Floor Amendment No. 1. On motion of Senator Ellis and by unanimous consent, the motion to table was withdrawn. On motion of Senator Barrientos and by unanimous consent, Floor Amendment No. 1 was withdrawn. The bill was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 441 ON THIRD READING Senator Ellis moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 441 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 441 was read third time and was passed by a viva voce vote. GUEST PRESENTED Senator Jackson was recognized and introduced to the Senate NASA Astronaut Dr. Mary Ellen Webber of Seabrook. The Senate welcomed Dr. Webber. (Senator Sibley in Chair) COMMITTEE SUBSTITUTE SENATE BILL 456 ON THIRD 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 third reading and final passage:



	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. The bill was read third time and was passed by the following vote: Yeas 22, Nays 8. Yeas: Armbrister, Barrientos, Bernsen, Brown, Cain, Ellis, Gallegos, Harris, Jackson, Lindsay, Lucio, Madla, Moncrief, Nixon, Ogden, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire, Zaffirini. Nays: Bivins, Carona, Duncan, Fraser, Haywood, Nelson, Ratliff, Shapiro. Absent-excused: Luna. GUESTS PRESENTED Senator Zaffirini was recognized and introduced to the Senate Ernesto Ancira of San Antonio. Senator Zaffirini was again recognized and introduced to the Senate a group of students from Poteet High School in Poteet; their coach, Butch Tudyk; and their sponsors, Karen Sue Woodall, Barbara Shelton, and Regina Almanza. The Senate welcomed its guests. SENATE BILL 874 ON SECOND READING On motion of Senator Brown 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 874, Relating to the general power of the Parks and Wildlife Department to contract. The bill was read second time. Senator Fraser offered the following amendment to the bill: Floor Amendment No. 1 Amend SB 874 by striking proposed SECTION 1 of the bill, and substituting the following: "SECTION 1. Subchapter B, Chapter 11, Parks and Wildlife Code, is amended by adding Section 11.0171 to read as follows: Sec. 11.0171. AUTHORITY TO CONTRACT. (a) Subject to Section 12.0251, Parks and Wildlife Code, for the purpose of carrying out the powers, duties, and responsibilities of the department, the executive director, or the executive director's designee, may negotiate, contract, or enter an agreement: (1) with: (A) the United States or any of its agencies; (B) another state or a political subdivision of another state or of this state; or (C) a nonprofit organization for research and field work; or



	(2) for professional services relating to a project of the department, including project management, design, bid, and construction administration, consistent with Subchapter A, Chapter 2254, Government Code. (b) The commission by rule shall adopt policies and procedures consistent with applicable state procurement practices for soliciting and awarding the contracts under this section." The amendment was read and was adopted by a viva voce vote. On motion of Senator Brown 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. SENATE BILL 874 ON THIRD READING Senator Brown moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 874 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 874 was read third time and was passed by a viva voce vote. SENATE RESOLUTION 572 Senator Nixon offered the following resolution: WHEREAS, Friday, March 26, 1999, will be a day long cherished and remembered by Jeffrey Russell Haley and Michele Elaine Haley, for on that day their son, William Russell Haley, was born; and WHEREAS, Weighing seven pounds, two ounces, and being 19 inches long, this healthy infant fulfilled his parents' dearest wish by arriving at 3:52 p.m.; and WHEREAS, Jeffrey has already brought a great deal of happiness to his family and has been heartily welcomed into the Haley household after much anticipation; and WHEREAS, The paternal great-grandmother of Jeffrey, Mrs. Mary Elizabeth Haley, and his paternal grandparents, Bill and Mary Haley, are particularly pleased with the new addition to the family; and WHEREAS, Jeffrey's maternal grandmother, Mrs. Jackie Genova, and his maternal grandfather, Mr. Frank Genova, are delighted with their new grandson; and WHEREAS, This fine young gentleman has won a place in many hearts, and it is appropriate that the Texas Senate welcome the new native Texan to the illustrious ranks of the citizenry of the Lone Star State; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby extend congratulations to Jeffrey Russell Haley and Michele Elaine Haley and honor William Russell Haley as one of the newest and most distinguished citizens of the State of Texas; and, be it further RESOLVED, That a copy of this Resolution be prepared for the proud parents as an expression of best wishes 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 Nixon, the resolution was adopted by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 757 ON SECOND READING On motion of Senator Duncan 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 757, Relating to the State Office of Administrative Hearings. The bill was read second time. Senator Duncan offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 757, SECTION 11, Sec. 2003.51, on page 4 at line 36 of the Committee Report, by striking "A" between "REFERRING AGENCY." and "state agency" and replacing it with the following: "Except in connection with interim appeals of orders or questions certified to an agency by an administrative law judge, as permitted by law, a" The amendment was read and 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. COMMITTEE SUBSTITUTE SENATE BILL 757 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 CSSB 757 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 757 was read third time and was passed by a viva voce vote. SENATE BILL 881 ON SECOND READING On motion of Senator Jackson 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 881, Relating to enrollment periods for employer health benefit plans.



	The bill was read second time. (President in Chair) Senator Jackson offered the following amendment to the bill: Floor Amendment No. 1 Amend SB 881 as follows: (1) On page 1, line 12, insert the following section and renumber the following sections accordingly. Section 2. Article 26.21(h). Insurance Code, is amended to read as follows: (h) The initial enrollment period for the employees and their dependents must be at least 31 days, with a 31-day open enrollment period provided annually. ~~[Such enrollment period shall consist of an entire calendar month, beginning on the first day of the month. If the month is February, the period shall last through March 2.]~~ The amendment was read and was adopted by a viva voce vote. On motion of Senator Jackson 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. SENATE BILL 881 ON THIRD READING Senator Jackson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 881 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 881 was read third time and was passed by a viva voce vote. MOTION TO PLACE COMMITTEE SUBSTITUTE SENATE BILL 1158 ON SECOND READING Senator Carona asked unanimous consent to suspend the regular order of business to take up for consideration at this time: CSSB 1158, Relating to fraudulent conduct with respect to Temporary Assistance for Needy Families (TANF) benefits. On motion of Senator Carona and by unanimous consent, the motion to suspend the regular order of business was withdrawn. GUESTS PRESENTED Senator Armbrister was recognized and introduced to the Senate a group of eighth-grade students from Crain Middle School in Victoria, accompanied by their teacher. The Senate welcomed its guests.



	SENATE RULE 11.10 SUSPENDED (Posting Rule) On motion of Senator Madla and by unanimous consent, Senate Rule 11.10 was suspended in order that the Committee on Intergovernmental Relations might meet today. CONGRATULATORY RESOLUTIONS SR 575 - by Lucio: Congratulating Courtenay S. Collins of Brownsville. SR 576 - by Lindsay: Recognizing the Texas Chapter of the American Public Works Association. SR 577 - by Lindsay: Congratulating Walker England of Katy. SR 578 - by Whitmire: Congratulating the Reverend Dwayne Butler Cook of Houston. SR 580 - by Carona: Congratulating D. R. "Shorty" Williams of Garland. ADJOURNMENT On motion of Senator Truan, the Senate at 12:08 p.m. adjourned, in memory of Sulema Beatrice Garza of Corpus Christi, until 9:00 a.m. tomorrow. APPENDIX COMMITTEE REPORTS The following committee reports were received by the Senate: April 8, 1999 NATURAL RESOURCES - SB 197, HB 1289 JURISPRUDENCE - SB 787, SB 209, SB 1007, SB 1150, SB 1163 INTERGOVERNMENTAL RELATIONS - SB 135, SB 1393 JURISPRUDENCE - SB 841 (Amended), CSSB 1346, CSSB 1735 STATE AFFAIRS - CSSB 1129 HUMAN SERVICES - CSSB 967, CSSB 1585 HEALTH SERVICES - CSSB 1833, CSSB 680, CSSB 782, CSSB 964 INTERGOVERNMENTAL RELATIONS - SB 709, SB 1824, SB 1078, SB 822, SB 1506, SB 1825, SB 1539, SB 1101 JURISPRUDENCE - CSSB 917 HEALTH SERVICES - CSSB 1223, CSSB 200 CRIMINAL JUSTICE - SB 579 (Amended), CSSB 371, CSSB 365, SB 352, SB 578, SB 1105, SB 1116, SB 1734, SB 577 (Amended), CSSB 1514, CSSB 370



	SIGNED BY GOVERNOR April 7, 1999 SB 85, SB 115