Thursday, April 8, 1999



	AFTER RECESS The Senate met at 8:30 a.m. and was called to order by Senator Harris. SESSION HELD FOR LOCAL AND UNCONTESTED CALENDAR The Presiding Officer announced that the time had arrived to consider bills and resolutions placed on the Local and Uncontested Calendar. Notice of consideration of the local calendar was given by Senator Harris yesterday. Pursuant to Senate Rule 9.03(d), the following bills and resolutions in the order listed were laid before the Senate, read second time, amended where applicable, passed to engrossment or third reading, read third time, and passed. The votes on suspension of the Constitutional Three-day Rule and final passage are indicated after each caption. CSSB 40 (Lucio) Relating to a study by the commissioner of education concerning the first instructional day of the school year. (29-1) Wentworth "Nay" (30-0) CSSB 63 (Gallegos) Relating to the expiration or suspension of an alcoholic beverage license or permit. (29-1) Wentworth "Nay" (30-0) SB 231 (Ellis) Relating to a statewide campaign to encourage persons to enter the technology workforce. (29-1) Wentworth "Nay" (30-0) CSSB 232 (Ellis) Relating to the notification of a court on the discharge of a person from the Texas Department of Criminal Justice or release on parole or mandatory supervision. (29-1) Wentworth "Nay" (30-0) SB 296 (Jackson) Relating to the validation of all acts, governmental proceedings, officials, bonds, and obligations of navigation districts and port authorities. (29-1) Wentworth "Nay" (30-0) CSSB 421 (Shapiro) Relating to a determination of mental competency in the prosecution of criminal cases and to the disposition of defendants found to be incompetent before trial or after conviction. (29-1) Wentworth "Nay" (30-0) CSSB 514 (Ogden) Relating to the payment and use of a bid guaranty for a state highway improvement contract. (29-1) Wentworth "Nay" (30-0) CSSB 551 (Gallegos) Relating to administrative sanctions for the sale or delivery of alcoholic beverages to unauthorized persons by certain distributors or wholesalers. (29-1) Wentworth "Nay" (30-0) (Senator Madla in Chair) CSSB 558 (Lucio) Relating to training requirements for certain child-care providers. (29-1) Wentworth "Nay" (30-0) CSSB 568 (Cain) Relating to municipal payroll deductions. (29-1) Wentworth "Nay" (30-0) SB 580 (Harris) Relating to the creation of an offense for violating a court order regarding the parent-child relationship. (29-1) Wentworth "Nay" (30-0)



	SB 581 (Harris) Relating to the requirements for and the liability of certain employers who are required to withhold child support from an employee's earnings. (29-1) Wentworth "Nay" (30-0) Senator Harris offered the following committee amendment to the bill: Committee Amendment No. 1 Amend SB 581 as follows: Strike all Section 1, Section 158.103, and renumber remaining sections accordingly. The committee amendment was read and was adopted by a viva voce vote. On motion of Senator Harris and by unanimous consent, the caption was amended to conform to the body of the bill as amended. SB 583 (Ellis) Relating to a prospective state contractor who is indebted to or owes delinquent taxes to the state. (29-1) Wentworth "Nay" (30-0) CSSB 602 (Moncrief) Relating to the membership and powers of the Interagency Council for Genetic Services. (29-1) Wentworth "Nay" (30-0) SB 639 (Bernsen) Relating to the issuance of special license plates to benefit the Texas Economic Development Corporation. (29-1) Wentworth "Nay" (30-0) SB 673 (Moncrief) Relating to the establishment and funding of a program to educate residents about anatomical gifts. (29-1) Wentworth "Nay" (30-0) SB 688 (Carona) Relating to declaring a junked motor vehicle a nuisance. (29-1) Wentworth "Nay" (30-0) SB 693 (Cain) Relating to public notice of and public hearings on proposed ad valorem tax rates. (29-1) Wentworth "Nay" (30-0) Senator Cain offered the following committee amendment to the bill: Committee Amendment No. 1 Amend SB 693 as follows: (1) Add a new SECTION 1 to read as follows: "SECTION 1. Section 26.04(e), Tax Code, is amended to read as follows: (e) By August 7 or as soon thereafter as practicable, the designated officer or employee shall submit the rates to the governing body. He shall deliver by mail to each property owner in the unit or publish in a newspaper in the form prescribed by the comptroller: (1) the effective tax rate, the rollback tax rate, and an explanation of how they were calculated; (2) the estimated amount of interest and sinking fund balances and the estimated amount of maintenance and operation or general fund balances remaining at the end of the current fiscal year that are not encumbered with or by corresponding existing debt obligation, except that for a school district, estimated funds necessary for the operation of the district prior to the receipt of the first state education aid payment in the succeeding school year shall be subtracted from the estimated fund balances; (3) a schedule of the unit's debt obligations showing: (A) the amount of principal and interest that will be paid to service the unit's debts in the next year from property tax revenue, including payments of lawfully



	incurred contractual obligations providing security for the payment of the principal of and interest on bonds and other evidences of indebtedness issued on behalf of the unit by another political subdivision and, if the unit is created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, payments on debts that the unit anticipates to incur in the next calendar year; (B) the amount by which taxes imposed for debt are to be increased because of the unit's anticipated collection rate; and (C) the total of the amounts listed in Paragraphs (A)-(B), less any amount collected in excess of the previous year's anticipated collections certified as provided in Subsection (b); (4) the amount of additional sales and use tax revenue anticipated in calculations under Section 26.041. (5) a statement that the adoption of the effective tax rate would result in an increase or decrease, as applicable, of total property taxes levied in the unit as compared to last year's levy, and the amount of such increase or decrease. (6) ~~(5)~~ in the year that a taxing unit calculates an adjustment under Subsection (i) or (j), the unit shall publish a schedule that includes the following elements: (A) the name of the unit discontinuing the department, function, or activity; (B) the amount of property tax revenue spent by the unit listed under Paragraph (A) to operate the discontinued department, function, or activity in the 12 months preceding the month in which the calculations required by this chapter are made; and (C) the name of the unit that operates a distinct department, function, or activity in all or a majority of the territory of a taxing unit that has discontinued operating the distinct department, function, or activity; and (7) ~~(6)~~ in the year following the year in which a taxing unit raised its rollback rate as required by Subsection (j), the taxing unit shall publish a schedule that includes the following elements: (A) the amount of property tax revenue spent by the unit to operate the department, function, or activity for which the taxing unit raised the rollback rate as required by Subsection (j) for the 12 months preceding the month in which the calculations required by this chapter are made; and (B) the amount published by the unit in the preceding tax year under Subdivision (6)(B) ~~(5)(B)~~ ." (2) Renumber subsequent sections of the bill accordingly. The committee amendment was read and was adopted by a viva voce vote. On motion of Senator Cain and by unanimous consent, the caption was amended to conform to the body of the bill as amended. SB 731 (Harris) Relating to suits for damages for personal injury to certain persons. (29-1) Wentworth "Nay" (30-0) SB 744 (Shapleigh) Relating to requests for information under the public information law from incarcerated individuals and their agents. (29-1) Wentworth "Nay" (30-0) SB 747 (Shapleigh) Relating to determining the types of public information most often requested from state governmental bodies under the open records law.



	(29-1) Wentworth "Nay" (30-0) SB 749 (Shapleigh) Relating to the enforcement of weight limits for vehicles in a port-of-entry between Texas and Mexico. (29-1) Wentworth "Nay" (30-0) SB 754 (Lucio) Relating to the issuance of special license plates in honor of the citrus industry in Texas. (29-1) Wentworth "Nay" (30-0) CSSB 769 (Luna on behalf of Madla) Relating to the creation of an advanced transportation district and authorizing the imposition of a local sales and use tax for advanced transportation. (29-1) Wentworth "Nay" (30-0) SB 775 (Bivins) Relating to the regulation of motor carriers. (29-1) Wentworth "Nay" (30-0) CSSB 788 (Harris) Relating to claims against, including motions for the recusal or disqualification of, certain judges. (29-1) Wentworth "Nay" (30-0) CSSB 801 (Ellis) Relating to electronic access to certain state agency information. (29-1) Wentworth "Nay" (30-0) SB 817 (Brown) Relating to certain ballot security procedures. (29-1) Wentworth "Nay" (30-0) CSSB 830 (Luna on behalf of Madla) Relating to billing policies of certain health care professionals and facilities; providing administrative penalties. (29-1) Wentworth "Nay" (30-0) SB 834 (Cain) Relating to including memorial signs in the Adopt-a-Highway program. (29-1) Wentworth "Nay" (30-0) SB 846 (Carona) Relating to certain fees and penalties applicable to the regulation of barbers. (29-1) Wentworth "Nay" (30-0) SB 852 (Shapleigh) Relating to the listing of state agency Internet addresses in telephone directories. (29-1) Wentworth "Nay" (30-0) CSSB 853 (Shapleigh) Relating to requiring the comptroller of public accounts to post reports on the Internet. (29-1) Wentworth "Nay" (30-0) SB 884 (Brown) Relating to a landlord's duty to mitigate damages under certain circumstances. (29-1) Wentworth "Nay" (30-0) CSSB 888 (Harris) Relating to electronic filing of records with a county clerk. (29-1) Wentworth "Nay" (30-0) SB 894 (Ogden) Relating to improper sexual activity between certain law enforcement or correctional personnel and persons under custody; providing a penalty. (29-1) Wentworth "Nay" (30-0) SB 897 (Brown) Relating to the eligibility of political subdivisions for loans under the agricultural water conservation bond program. (29-1) Wentworth "Nay" (30-0) CSSB 898 (Brown) Relating to grants from the water loan assistance fund for certain projects. (29-1) Wentworth "Nay" (30-0) SB 901 (Sibley) Relating to dividends payable to policyholders under certain group



	insurance programs. (29-1) Wentworth "Nay" (30-0) (Senator Shapiro in Chair) SB 934 (Lucio) Relating to the issuance of permits for overweight vehicles in certain counties. (29-1) Wentworth "Nay" (30-0) CSSB 953 (Luna) Relating to vacating a judgment in a deliquent tax suit. (29-1) Wentworth "Nay" (30-0) SB 971 (Nelson on behalf of Shapiro) Relating to participation by counties in an electronic voting pilot project for military voters. (29-1) Wentworth "Nay" (30-0) SB 987 (Ratliff) Relating to the issuance of Texas Young Lawyers Association license plates. (29-1) Wentworth "Nay" (30-0) CSSB 991 (Lucio) Relating to the operations of the Texas Water Bank. (29-1) Wentworth "Nay" (30-0) SB 997 (Cain) Relating to fees for certain veteran special license plates. (29-1) Wentworth "Nay" (30-0) SB 1031 (Madla) Relating to weight standards for loaves of bread. (29-1) Wentworth "Nay" (30-0) SB 1034 (Ellis) Relating to the authority of a court of appeals to purchase or acquire liability insurance. (29-1) Wentworth "Nay" (30-0) Senator Ellis offered the following committee amendment to the bill: Committee Amendment No. 1 Amend SB 1034 by striking Line 16 on Page 1 and substituting the following: "(C) a court of appeals as described by Section 22.201, Government Code." The committee amendment was read and was adopted by a viva voce vote. On motion of Senator Ellis and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSB 1035 (Moncrief) Relating to the release of motor vehicle accident reports and the disclosure of certain personal information from motor vehicle records; providing penalties. (29-1) Wentworth "Nay" (30-0) SB 1102 (Cain) Relating to the permissible concentration of alcohol in certain beverages sold or held by persons permitted to sell such beverages. (29-1) Wentworth "Nay" (30-0) CSSB 1106 (Harris) Relating to a statement of facts concerning the identity of heirs. (29-1) Wentworth "Nay" (30-0) SB 1132 (Madla) Relating to due process requirements for renewal, modification, or revocation of medical staff membership and privileges. (29-1) Wentworth "Nay" (30-0) CSSB 1141 (Zaffirini) Relating to surrogate parents for certain public education students with disabilities. (29-1) Wentworth "Nay" (30-0) SB 1157 (Carona) Relating to the reporting of certain convictions to the



	Department of Public Safety of the State of Texas. (29-1) Wentworth "Nay" (30-0) SB 1185 (Madla) Relating to the permissible number of commissioners of certain public housing authorities. (29-1) Wentworth "Nay" (30-0) SB 1192 (Harris) Relating to providing notice of a violation before filing certain suits relating to interference with a possessory interest in a child. (29-1) Wentworth "Nay" (30-0) CSSB 1198 (Moncrief) Relating to requiring certain convalescent and nursing homes to execute a surety bond. (29-1) Wentworth "Nay" (30-0) CSSB 1232 (Nelson) Relating to the regulation of birthing centers; providing an administrative penalty. (29-1) Wentworth "Nay" (30-0) SB 1233 (Nelson) Relating to the regulation of athletic trainers. (29-1) Wentworth "Nay" (30-0) SB 1235 (Nelson) Relating to the use of a medical practitioner's Federal Drug Enforcement Administration number; creating an offense. (29-1) Wentworth "Nay" (30-0) SB 1236 (Nelson) Relating to regulation of a product that is a combination of a drug and a device. (29-1) Wentworth "Nay" (30-0) SB 1297 (Brown) Relating to registering pipeline operators with the Railroad Commission of Texas. (29-1) Wentworth "Nay" (30-0) (Senator Harris in Chair) CSSB 1359 (Moncrief on behalf of Harris) Relating to the rendition and appraisal of property for ad valorem tax purposes. (29-1) Wentworth "Nay" (30-0) SB 1367 (Moncrief on behalf of Harris) Relating to legislative access to information. (29-1) Wentworth "Nay" (30-0) CSSB 1469 (Moncrief on behalf of Harris) Relating to the ad valorem tax records pertaining to the appraised value of property that is located in more than one appraisal district. (29-1) Wentworth "Nay" (30-0) SB 1477 (Brown) Relating to requiring certified food managers in certain counties. (29-1) Wentworth "Nay" (30-0) SB 1512 (Ogden) Relating to authorizing counties and municipalities to jointly establish certain recreational and cultural facilities. (29-1) Wentworth "Nay" (30-0) SB 1553 (Ellis) Relating to use of homestead property to secure debts of decedents' estates. (29-1) Wentworth "Nay" (30-0) Senator Ellis offered the following committee amendment to the bill: Committee Amendment No. 1 Amend SB 1553 by Ellis: On page one, line 23 delete "or". On page two, line 2, after "met" insert "; or". On page two, after line five, insert "(7) a reverse mortgage."



	The committee amendment was read and was adopted by a viva voce vote. On motion of Senator Ellis and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSB 1595 (Brown) Relating to the operation of the Angleton-Danbury Hospital District of Brazoria County, Texas; authorizing the issuance of bonds. (29-1) Wentworth "Nay" (30-0) SB 1624 (Haywood) Relating to the Hardeman County Hospital District. (29-1) Wentworth "Nay" (30-0) SB 1626 (Haywood) Relating to the Chillicothe Hospital District. (29-1) Wentworth "Nay" (30-0) SB 1627 (Haywood) Relating to the Castro County, Hansford County, and Ochiltree County hospital districts; authorizing the issuance of bonds and the imposition of taxes. (29-1) Wentworth "Nay" (30-0) SB 1628 (Haywood) Relating to the operation of the Muenster Hospital District. (29-1) Wentworth "Nay" (30-0) SB 1640 (Carona) Relating to transportation of certain alcoholic beverages. (29-1) Wentworth "Nay" (30-0) SB 1647 (Cain) Relating to the authority of the Texas Turnpike Authority division of the Texas Department of Transportation to manage its affairs, to the clarification of certain statutory provisions, and to the elimination of inconsistencies within the affected provisions. (29-1) Wentworth "Nay" (30-0) SB 1648 (Cain) Relating to the issuance of permits for the operation of certain vehicles that exceed maximum allowable weight limitations; providing criminal penalties. (29-1) Wentworth "Nay" (30-0) SB 1656 (Jackson) Relating to creating a recognition day on February 19 in honor of Texas joining the Union. (29-1) Wentworth "Nay" (30-0) SB 1657 (Jackson) Relating to the compensation of an officer, trustee, or director of a domestic insurance company. (29-1) Wentworth "Nay" (30-0) SB 1670 (Brown) Relating to the support of a child enrolled in courses for joint high school and junior college credit. (29-1) Wentworth "Nay" (30-0) Senator Brown offered the following committee amendment to the bill: Committee Amendment No. 1 Amend Section 1 of SB 1670 by replacing lines (8-12) with the following: (a) If the child is fully enrolled in an accredited secondary school in a program leading toward a high school diploma or enrolled in courses for joint high school and junior college credit pursuant to Section 130.008, Education Code, the court may render an original support order or modify an existing order providing child support past the 18th birthday of the child. The committee 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.



	CSSB 1741 (Moncrief on behalf of Harris) Relating to certain provisions of disabilities of minority. (29-1) Wentworth "Nay" (30-0) SCR 9 (Ellis) Endorsing the establishment of the Texas Institute of Science and Technology. (viva voce vote) SCR 42 (Luna) Recognizing the Centro Alameda/Centro de Artes Latino Museum as the official Texas State Latino Museum. (29-1) Shapleigh "Nay" Senate bills authored by Senator Wentworth will be read on three several days. They will be laid before the Senate, read second time, amended where applicable, and passed to engrossment. At the next Local and Uncontested Calendar Session they will be read third time and passed. The vote on passage to engrossment or final passage is indicated after each caption. SB 916 (Wentworth) Relating to notices of open meetings posted by the secretary of state. (engrossment viva voce vote) SB 1001 (Wentworth) Relating to multicounty statutory probate courts. (engrossment viva voce vote) SB 1005 (Wentworth) Relating to the jurisdiction of a statutory probate court in certain matters relating to decedents' estates. (engrossment viva voce vote) CSSB 1280 (Wentworth) Relating to an exemption from the requirements of the open meetings law for certain negotiations involving the Texas Lottery Commission. (engrossment viva voce vote) BILLS REMOVED FROM LOCAL AND UNCONTESTED CALENDAR Senator West and Senator Harris requested in writing that SB 515 be removed from the Local and Uncontested Calendar. Senator Carona, author of the bill, requested in writing that SB 651 be removed from the Local and Uncontested Calendar. Senator Ratliff and Senator Duncan requested in writing that SB 930 be removed from the Local and Uncontested Calendar. SESSION CONCLUDED FOR LOCAL AND UNCONTESTED CALENDAR Senator Harris announced that the session to consider bills and resolutions placed on the Local and Uncontested Calendar was concluded. ADJOURNMENT Pursuant to a previously adopted motion, the Senate at 9:18 a.m. adjourned, in memory of Emmett Lee Johnson of Austin, until 10:00 a.m. today.