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The Senate met at 1:30 p.m. pursuant to adjournment and was called to order by the President. The roll was called and the following Senators were present: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire, Zaffirini. Absent-excused: Luna. The President announced that a quorum of the Senate was present. The Reverend Bill Dunn, Saint James Episcopal Church, Conroe, offered the invocation as follows: O God, the fountain of wisdom, whose will is good and gracious, and whose law is truth: we ask You to guide and bless our elected representatives, especially Governor Bush, Lieutenant Governor Perry, and the Members of the Texas Senate, that they may enact such laws as shall please You, to the glory of Your name and the welfare of all Texans. Amen. On motion of Senator Truan and by unanimous consent, the reading of the Journal of the proceedings of Friday, April 9, 1999, was dispensed with and the Journal was approved. LEAVE OF ABSENCE On motion of Senator Barrientos, Senator Luna was granted leave of absence for today on account of illness. CO-AUTHOR OF SENATE BILL 280 On motion of Senator Bivins and by unanimous consent, Senator Wentworth will be shown as Co-author of SB 280. CO-AUTHORS OF SENATE BILL 501 On motion of Senator Shapleigh and by unanimous consent, Senators Lucio and Truan will be shown as Co-authors of SB 501. CO-AUTHOR OF SENATE BILL 1018 On motion of Senator Shapleigh and by unanimous consent, Senator Nixon will be shown as Co-author of SB 1018. CO-AUTHOR OF SENATE BILL 1120 On motion of Senator Armbrister and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 1120. CO-AUTHOR OF SENATE BILL 1128 On motion of Senator Armbrister and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 1128. CO-AUTHOR OF SENATE BILL 1435 | ||
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On motion of Senator Duncan and by unanimous consent, Senator Ratliff will be shown as Co-author of SB 1435. CO-AUTHOR OF SENATE BILL 1665 On motion of Senator Lindsay and by unanimous consent, Senator Ellis will be shown as Co-author of SB 1665. HOUSE BILLS AND RESOLUTIONS ON FIRST READING The following bills and resolutions received from the House were read first time and referred to the committees indicated: HB 76 to Committee on Jurisprudence. HB 115 to Committee on Jurisprudence. HB 134 to Committee on Criminal Justice. HB 153 to Committee on Criminal Justice. HB 330 to Committee on Human Services. HB 525 to Committee on Criminal Justice. HB 565 to Committee on Border Affairs - Special. HB 595 to Committee on State Affairs. HB 649 to Committee on Intergovernmental Relations. HB 732 to Committee on Natural Resources. HB 746 to Committee on Education. HB 765 to Committee on Health Services. HB 778 to Committee on Jurisprudence. HB 788 to Committee on Criminal Justice. HB 822 to Committee on Human Services. HB 833 to Committee on State Affairs. HB 854 to Committee on Criminal Justice. HB 856 to Committee on State Affairs. HB 875 to Committee on Human Services. HB 888 to Committee on Education. HB 924 to Committee on Criminal Justice. HB 960 to Committee on Intergovernmental Relations. HB 962 to Committee on Intergovernmental Relations. HB 1016 to Committee on State Affairs. HB 1082 to Committee on Criminal Justice. HB 1085 to Committee on State Affairs. HB 1141 to Committee on Jurisprudence. HB 1148 to Committee on Economic Development. HB 1173 to Committee on Intergovernmental Relations. HB 1233 to Committee on Natural Resources. HB 1244 to Committee on Natural Resources. HB 1254 to Committee on Jurisprudence. HB 1274 to Committee on State Affairs. HB 1297 to Subcommittee on Higher Education. HB 1400 to Committee on Health Services. HB 1433 to Committee on Education. HB 1437 to Committee on Natural Resources. | ||
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HB 1459 to Committee on Human Services. HB 1462 to Committee on Jurisprudence. HB 1506 to Committee on Intergovernmental Relations. HB 1514 to Committee on Human Services. HB 1517 to Committee on Border Affairs - Special. HB 1532 to Committee on Criminal Justice. HB 1543 to Committee on Economic Development. HB 1552 to Committee on Natural Resources. HB 1603 to Committee on Criminal Justice. HB 1611 to Committee on Human Services. HB 1625 to Committee on Natural Resources. HB 1723 to Committee on Criminal Justice. HB 1744 to Committee on Education. HB 1839 to Committee on Jurisprudence. HB 1840 to Subcommittee on Higher Education. HB 1980 to Subcommittee on Infrastructure. HB 2008 to Subcommittee on Technology and Business Growth. HB 2060 to Committee on Jurisprudence. HB 2122 to Committee on Intergovernmental Relations. HB 2159 to Subcommittee on Infrastructure. HB 2176 to Committee on Economic Development. HB 2199 to Committee on Natural Resources. HB 2200 to Committee on Intergovernmental Relations. HB 2398 to Committee on Intergovernmental Relations. HB 2450 to Committee on Economic Development. HB 2465 to Committee on Natural Resources. HB 2622 to Subcommittee on Higher Education. HB 2664 to Subcommittee on Higher Education. HCR 18 to Committee on Border Affairs - Special. HCR 19 to Committee on Border Affairs - Special. SENATE BILL AND RESOLUTION ON FIRST READING The following bill and resolution were introduced, read first time, and referred to the committees indicated: SB 1852 by Zaffirini, Wentworth Relating to the creation of the Comal County Groundwater Management District. (Local Bill) To Committee on Natural Resources. SR 605 by Moncrief Encouraging volunteer fire departments to participate in the Texas statewide emergency personnel services retirement fund. To Committee on Intergovernmental Relations. MESSAGE FROM THE GOVERNOR The following Message from the Governor was read and was referred to the Committee on Nominations: | ||
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Austin, Texas April 12, 1999 TO THE SENATE OF THE SEVENTY-SIXTH LEGISLATURE, REGULAR SESSION: I ask the advice, consent and confirmation of the Senate with respect to the following appointments: TO BE MEMBERS OF THE TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY for terms to expire January 31, 2005: Billy M. Atkinson, Jr. 21 Ellicott Way Sugar Land, Texas 77479 (replacing Wanda Lorenz of Dallas whose term expired) Kimberly Dryden 5021 Everett Avenue Amarillo, Texas 79106 (replacing Roel Martinez of McAllen whose term expired) April L. Eyeington 5758 Straub Road College Station, Texas 77845 (reappointment) Edwardo B. Franco 5022 Montego Bay Irving, Texas 75038 (replacing Lorraine Yancey of Austin whose term expired) Robert C. Mann 4916 Westbriar Fort Worth, Texas 76109 (replacing Frank Maresh of Austin whose term expired) Respectfully submitted /s/George W. Bush Governor 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 1853, SB 1854. HOUSE BILL 985 REREFERRED Senator Zaffirini submitted a Motion In Writing requesting that HB 985 be | ||
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withdrawn from the Committee on State Affairs and rereferred to the Committee on Human Services. The Motion In Writing prevailed without objection. GUEST PRESENTED Senator Truan was recognized and introduced to the Senate the United States Ambassador to Angola, Donald K. Steinberg, Special Representative of the President and Secretary of State for Global Humanitarian Demining. The Senate welcomed Ambassador Steinberg. (Senator Sibley in Chair) SENATE BILLS ON FIRST READING The following bills were introduced, read first time, and referred to the committees indicated: SB 1853 by Bivins Relating to reports on the degree, certificate, or other enrollment status of public junior college students. To Committee on Education. SB 1854 by Bivins Relating to loss of benefits by a retiree of the Teacher Retirement System of Texas who resumes teaching. To Committee on State Affairs. GUESTS PRESENTED Senator Nelson was recognized and introduced to the Senate representatives of the Southlake Youth Action Committee of Southlake. The Senate welcomed its guests. (President in Chair) SENATE RESOLUTION 598 Senator Duncan offered the following resolution: WHEREAS, The Senate of the State of Texas proudly recognizes the Lubbock Trinity Christian boys basketball team for winning the TAPPS Class 4A state basketball championship; and WHEREAS, The Runnin' Lions defeated San Antonio Castle Hills 67-65 in the semi-finals and defeated Fort Worth Christian 67-53 in the final to win the state championship; and WHEREAS, This state championship victory is the first time for the Lubbock Trinity Christian boys basketball team to capture the title; and WHEREAS, The Lions won 20 games in a row, compiled an overall record of 32-4, and were undefeated in TAPPS District 2-4A; and WHEREAS, The Runnin' Lions basketball team's success is attributable to God's goodness and blessings and to the tremendous work ethic, attitude, and enthusiasm of the team members; and | ||
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WHEREAS, The team members are Gary Andrews, Rance Bland, Billy Joe Nuefeld, Jared Duyck, Ryan Findley, Brandon Gilbert, David Hollon, Chad Huddleston, Dustin Patterson, Chris Lackey, Josh Motlong, Jeremy Brown, Beau Hughes, Matt Wester; and WHEREAS, These young men, along with head coach Todd Duncan, assistant coaches Frank Haist and Todd Hay, trainer Arnie Reyher, and student assistant coaches, Will Harriger, Jamie Eppler, and Jonathan Akers, have brought honor to God, their families, the City of Lubbock, and Trinity Christian School, and the Runnin' Lions are worthy of the recognition bestowed on them; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby pay tribute to the Runnin' Lions basketball team of Trinity Christian School on their great victory and extend congratulations to the coaches and to each of the players; and, be it further RESOLVED, That a copy of this Resolution be prepared for the team 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 Duncan, the resolution was adopted by a viva voce vote. GUESTS PRESENTED Senator Duncan was recognized and introduced to the Senate the Trinity Christian School boys basketball team of Lubbock, winners of the Texas Association of Private and Parochial Schools Class 4A state championship, accompanied by their coaches and trainers. The Senate welcomed its guests. CAPITOL PHYSICIAN Senator Moncrief was recognized and presented Dr. Robbye Richards of Fort Worth as the "Doctor for the Day." The Senate welcomed Dr. Richards and thanked her for her participation in the "Capitol Physician" program sponsored by the Texas Academy of Family Physicians. (Senator Bivins in Chair) CONCLUSION OF MORNING CALL The Presiding Officer at 2:05 p.m. announced the conclusion of morning call. SENATE BILL 711 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: SB 711, Relating to requiring certain tract owners to execute a maintenance bond for certain subdivision improvements. | ||
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The bill was read third time and was passed by a viva voce vote. SENATE RESOLUTION 599 Senator Duncan offered the following resolution: WHEREAS, The Texas Senate takes great pleasure in joining the citizens of Big Lake and Reagan County in celebration of Big Lake/Reagan County Day at the State Capitol on April 12, 1999; and WHEREAS, Located in central West Texas and the northwest corner of the Hill Country, Big Lake is the county seat and the only town in the county; it was incorporated in 1923; and WHEREAS, Created in 1903, Reagan County was formed from Tom Green County; and WHEREAS, The economic life of this largely rural county is mainly based on cotton farming, oil and gas production, and cattle, sheep, and goat ranching; and WHEREAS, Reagan County was named for John H. Reagan, an early Texan who came here in 1839; and WHEREAS, This outstanding gentleman resigned as United States Senator from Texas in 1891 to become the first chairman of the Texas Railroad Commission; he established ethical standards of regulation, thus creating a free atmosphere for commerce, security for the railroads, and protection for the people; and WHEREAS, The home of Santa Rita Number One, the oil well which began the source of funds derived from oil for The University of Texas, Reagan County is the birth place of the Permian Basin, a major oil and gas producing area; Santa Rita Number One came in on May 28, 1923; and WHEREAS, Reagan County has been blessed with forward-thinking citizens, exceptional schools, a progressive hospital and care center, and a strong local work ethic among the population; and WHEREAS, All these local advantages should attract new industry to the county that greatly prizes its rich culturally diverse history; and WHEREAS, The many contributions of the modern and energetic citizenry of this highly regarded county are cause for great appreciation by all Texans; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby recognize Monday, April 12, 1999, as Big Lake/Reagan County Day at the State Capitol; and, be it further RESOLVED, That a copy of this Resolution be prepared as an expression of the highest esteem and regard of the Texas Senate. The resolution was read. On motion of Senator Truan and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof. On motion of Senator Duncan, the resolution was adopted by a viva voce vote. GUESTS PRESENTED Senator Duncan was recognized and introduced to the Senate a delegation of citizens from the City of Big Lake and Reagan County. The Senate welcomed its guests. (President in Chair) | ||
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COMMITTEE SUBSTITUTE SENATE BILL 970 ON SECOND READING Senator Sibley asked unanimous consent to suspend the regular order of business to take up for consideration at this time: CSSB 970, Relating to the criminal offenses applicable to gambling and gambling devices. There was objection. Senator Sibley then moved to suspend the regular order of business and take up CSSB 970 for consideration at this time. The motion prevailed by the following vote: Yeas 21, Nays 8. Yeas: Armbrister, Bivins, Brown, Cain, Carona, Duncan, Fraser, Haywood, Jackson, Lindsay, Lucio, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Sibley, Wentworth, West, Zaffirini. Nays: Barrientos, Bernsen, Ellis, Gallegos, Madla, Shapleigh, Truan, Whitmire. Absent: Harris. Absent-excused: Luna. The bill was read second time. Senator Armbrister offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 970 as follows: (1) in SECTION 1 of the bill (Committee Printing page 1, line 14) strike "Subdivision (10)" and substitute "Subdivisions (10), (11), and (12)" (2) in SECTION 1 of the bill, in proposed Section 47.01(10), Penal Code (Committee Printing page 1, line 42), by inserting after "for cash" the following: ", except that for a bonafide amusement device located on the premises of a licensed gaming venue the thing of value may be redeemable for a game card or ticket. A game card or ticket may not be redeemed for any alcoholic beverage" (2) in SECTION 1 of the bill, in proposed Section 47.01(10), Penal Code (Committee Printing page 1, line 43), by inserting after "$5" the following: ", and for that purpose the value of a game card or ticket is the dollar amount printed on the game card or ticket representing the regular purchase price of the card or ticket, or in the case of a bingo card that has no price printed on the card, the value of a game card is the dollar amount charged by the person conducting the bingo game" (3) at the end of SECTION 1 of the bill (Committee Printing page 1, between lines 54 and 55) by inserting the following: (11) "Licensed gaming venue" means a premises that is licensed or permitted for the on-premises consumption of alcoholic beverages under the Alcoholic Beverage Code and that is also: (A) licensed as a premises for the conduct of bingo under the Bingo Enabling Act (Article 179d, Vernon's Texas Civil Statutes); (B) an enclosure at which wagering is permitted at a racetrack licensed under the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes) and that also | ||
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conducts live racing; or (C) the location of a licensed ticket sales agent under Chapter 466, Government Code. (12) "Game card or ticket" means: (A) a bingo card for play at the premises on which the bona fide amusement device is located; or (B) a parimutuel ticket redeemable at a racetrack at which the bona fide amusement device is located. ARMBRISTER LUCIO The amendment was read and was adopted by a viva voce vote. On motion of Senator Sibley and by unanimous consent, the caption was amended to conform to the body of the bill as amended. The bill as amended was passed to engrossment by a viva voce vote. RECORD OF VOTES Senators Barrientos, Bernsen, Ellis, Gallegos, Madla, Shapleigh, Truan, and Whitmire asked to be recorded as voting "Nay" on the passage of the bill to engrossment. COMMITTEE SUBSTITUTE SENATE BILL 330 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: CSSB 330, Relating to the transfer and operation of the Communities In Schools program. The bill was read second time. Senator Barrientos offered the following amendment to the bill: Floor Amendment No. 1 Amend SECTION 2, CSSB 330, to read as follows: SECTION 2. Subsection (a), Section 302.021, Labor Code, is amended to read as follows: (a) The following job-training, employment, and employment-related educational programs and functions are consolidated under the authority of the division: (1) adult education programs under Subchapter H, Chapter 29, Education Code; (2) proprietary school programs under Chapter 132, Education Code; (3) apprenticeship programs under Chapter 133, Education Code; (4) postsecondary vocational and technical job-training programs that are not a part of approved courses or programs that lead to licensing, certification, or an associate degree under Chapters 61, 130, and 135, Education Code, Subchapter E, Chapter 88, Education Code, and Subchapter E, Chapter 96, Education Code; (5) employment programs under Chapter 31, Human Resources Code; | ||
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(6) the senior citizens employment program under Chapter 101, Human Resources Code; (7) the work and family policies program under Chapter 81; (8) job-training programs funded under the Job Training Partnership Act (29 U.S.C. Section 1501 et seq.) and under the Workforce Investment Act of 1998 (29 U.S.C. Section 29 et seq.; (9) the job counseling program for displaced homemakers under Chapter 304; (10) [
[ (11)
[ (12)
[ (13)
[ (14)
[ (15)
[ (16)
[ (17)
[ (18)
[ (19)
[ The amendment was read and was adopted by a viva voce vote. On motion of Senator Barientos 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 330 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 CSSB 330 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 330 was read third time and was passed by a viva voce vote. COMMITTEE SUBSTITUTE | ||
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SENATE BILL 766 ON SECOND READING Senator Brown asked unanimous consent to suspend the regular order of business to take up for consideration at this time: CSSB 766, Relating to the issuance of certain permits for the emission of air contaminants. There was objection. Senator Brown then moved to suspend the regular order of business and take up CSSB 766 for consideration at this time. The motion prevailed by the following vote: Yeas 24, Nays 5. Yeas: Armbrister, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Fraser, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Wentworth, Zaffirini. Nays: Ellis, Gallegos, Truan, West, Whitmire. Absent: Barrientos. Absent-excused: Luna. The bill was read second time. Senator Ellis offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 766, committee printing, as follows: Strike SECTION 9, on page 5, lines 64 through 67, and substitute the following new SECTION 9: SECTION 9. (a) Effective September 1, 2001, Section 382.058(g), Health and Safety Code, is repealed, and the owner or operator of a facility previously exempted from permitting requirements by Section 382.058(g), Health and Safety Code, may not operate that facility unless the owner or operator has filed an application with the Texas Natural Resource Conservation Commission for a permit required by Section 382.058(a), Health and Safety Code. (b) The owner or operator of such a facility must cease operation of that facility if a permit required by Section 382.058(a), Health and Safety Code, is not obtained for that facility within 24 months after the date that the application for such a permit is determined by the Texas Natural Resource Conservation Commission to be administratively complete. The amendment was read. On motion of Senator Brown, Floor Amendment No. 1 was tabled by the following vote: Yeas 22, Nays 7. Yeas: Armbrister, Bivins, Brown, Cain, Carona, Duncan, Fraser, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Sibley, Wentworth, Zaffirini. Nays: Bernsen, Ellis, Gallegos, Shapleigh, Truan, West, Whitmire. Absent: Barrientos. | ||
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Absent-excused: Luna. Senator Truan offered the following amendment to the bill: Floor Amendment No. 2 Amend CSSB 766 by adding a new section 9 as follows and renumbering the subsequent sections accordingly: "SECTION 9. (a) Section 382.0621(d), Health and Safety Code, is repealed. (b) An increase in the amount of fees collected under Section 382.0621, Health and Safety Code, as amended by this section, that results from the repeal of Subsection (d) of that section may be applied to: (1) the small business stationary source technical and environmental compliance assistance program established under Section 382.0365, Health and Safety Code; (2) the costs of public hearings held in the locality of a facility for which a permit application is made under Section 382.0519, Health and Safety Code, as added by this Act; and (3) any other clean air program funded by fees on emissions of air contaminants. The amendment was read. On motion of Senator Brown, Floor Amendment No. 2 was tabled by the following vote: Yeas 20, Nays 10. Yeas: Armbrister, Bivins, Brown, Cain, Carona, Duncan, Fraser, Harris, Haywood, Jackson, Lindsay, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Sibley, Wentworth, Zaffirini. Nays: Barrientos, Bernsen, Ellis, Gallegos, Lucio, Madla, Shapleigh, Truan, West, Whitmire. Absent-excused: Luna. Senator West offered the following amendment to the bill: Floor Amendment No. 3 Amend CSSB 766 as follows: In SECTION 5 of the bill insert a new subsection (f), Sec. 382.0519 to read as follows: (f) This subsection does not apply to a facility located within two miles of a public or private school, nursing home or public park. An exemption provided by this section terminates January 1, 2001, for a facility operating under the exemption that is located within two miles of a public or private school, nursing home or public park. The commission by rule shall require the owners of each facility operating under the exemption and located within two miles of a public or private school, nursing home or public park to provide the commission with a plan to reduce the emissions of air contaminants from the facility by incorporating the best available control technology into the facility. The amendment was read. On motion of Senator Brown, Floor Amendment No. 3 was tabled by the following vote: Yeas 19, Nays 11. | ||
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Yeas: Armbrister, Bivins, Brown, Cain, Carona, Duncan, Fraser, Harris, Haywood, Jackson, Lindsay, Nelson, Nixon, Ogden, Ratliff, Shapiro, Sibley, Wentworth, Zaffirini. Nays: Barrientos, Bernsen, Ellis, Gallegos, Lucio, Madla, Moncrief, Shapleigh, Truan, West, Whitmire. Absent-excused: Luna. The bill was passed to engrossment by the following vote: Yeas 21, Nays 9. Yeas: Armbrister, Bivins, Brown, Cain, Carona, Duncan, Fraser, Harris, Haywood, Jackson, Lindsay, Lucio, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Sibley, Wentworth, Zaffirini. Nays: Barrientos, Bernsen, Ellis, Gallegos, Madla, Shapleigh, Truan, West, Whitmire. Absent-excused: Luna. COMMITTEE SUBSTITUTE SENATE BILL 103 ON SECOND READING Senator Bivins asked unanimous consent to suspend the regular order of business to take up for consideration at this time: CSSB 103, Relating to state assessments of public school students. There was objection. Senator Bivins then moved to suspend the regular order of business and take up CSSB 103 for consideration at this time. The motion prevailed by the following vote: Yeas 26, Nays 3. Yeas: Armbrister, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire. Nays: Barrientos, Harris, Zaffirini. Absent: Bernsen. Absent-excused: Luna. The bill was read second time. Senator West offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 103 by striking all below the enacting clause and substituting the following: ARTICLE 1. SECTION 1.01. Except as otherwise provided by this article, this article takes effect September 1, 1999. SECTION 1.02. Section 28.025(a), Education Code, is amended to read as follows: (a) The State Board of Education by rule shall determine curriculum | ||
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requirements for the minimum, recommended, and advanced high school programs that are consistent with the required curriculum under Section 28.002. A student may graduate and receive a diploma only if: (1) the student successfully completes
[
[ (2) the student successfully completes an individualized education program developed under Section 29.005. SECTION 1.03. Sections 39.023(a) and (c), Education Code, are amended to read as follows: (a) The agency shall adopt appropriate criterion-referenced assessment instruments designed to assess competencies in reading, writing, mathematics, social studies, and science. All students, except students assessed under Subsection (b) or exempted under Section 39.027, shall be assessed in: (1) mathematics, annually in grades three through 10; (2) reading
[
(3) [ (4) English language arts, in grade
10; [
(5) [ (6) science,
in grades five and 10 [ (c) The agency shall also adopt secondary facility assessment
instruments designed to be administered to students in grade 11
to assess competencies in mathematics,
[ SECTION 1.04. (a) This section takes effect only if S.B. No. 1, Acts of the 76th Legislature, Regular Session, 1999, is enacted and becomes law. If S.B. No. 1 is not enacted or does not become law, this section has no effect. | ||
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(b) Section 39.023(e), Education Code, is amended to read as follows: (e) Under rules adopted by the State Board of Education, the agency shall
release the questions and answer keys to each assessment instrument
initially administered under Subsection (a), (b),
or (c)[ SECTION 1.05. (a) This section takes effect only if S.B. No. 1, Acts of the 76th Legislature, Regular Session, 1999, is not enacted or does not become law. If S.B. No. 1 is enacted and becomes law, this section has no effect. (b) Section 39.023(e), Education Code, is amended to read as follows: (e) Under rules adopted by the State Board of Education, the agency shall
release the questions and answer keys to each assessment instrument administered
under Subsection (a), (b), or (c)[ SECTION 1.06. Section 39.025(a), Education Code, is amended to read as follows: (a) A student may not receive a high school diploma until the student
has performed satisfactorily on the secondary facility assessment instruments for
English language arts,
[ [ [ SECTION 1.07. Section 39.051(b), Education Code, is amended to read as follows: (b) Performance on the indicators adopted under this section shall be compared to state-established standards. The degree of change from one school year to the next in performance on each indicator adopted under this section shall also be considered. The indicators must be based on information that is disaggregated with respect to race, ethnicity, sex, and socioeconomic status and must include: (1) the results of assessment instruments required under Sections 39.023(a) and (c), aggregated by grade level and subject area; (2) dropout rates; (3) student attendance rates; (4) the percentage of graduating students who attain scores on the secondary facility assessment instruments required under Subchapter B that are equivalent to a | ||
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passing score on the test instrument required under Section 51.306; (5) the percentage of graduating students who meet the course requirements established for the recommended high school program by State Board of Education rule; (6) the results of the Scholastic Assessment Test (SAT) and the American College Test;
(7) [
[
(8) [ SECTION 1.08. Section 39.052(b), Education Code, is amended to read as follows: (b) The report card shall include the following information where applicable: (1) the academic excellence indicators adopted under Sections
39.051(b)(1) through (7)
[ (2) student/teacher ratios; and (3) administrative and instructional costs per student. SECTION 1.09. Sections 39.023(d) and (j), Education Code, are repealed. SECTION 1.10. The commissioner of education shall adopt rules for the implementation of Section 39.023, Education Code, as amended by this Act. The commissioner's rules must provide that: (1) notwithstanding Section 39.051, Education Code, as amended by this Act, for the 2000-2001 and 2001-2002 school years, the Texas Education Agency may include the results of student performance on the end-of-course assessment instrument in Algebra I under Section 39.023(d), Education Code, as that section existed before repeal by this Act, in evaluating the performance of school districts, campuses, and open-enrollment charter schools under Subchapter D, Chapter 39, Education Code; (2) except as provided by Subdivision (4) of this section, not later than the 2002-2003 school year, the State Board of Education shall administer each assessment instrument added by this Act; (3) except as provided by Subdivision (5) of this section, not later than the 2004-2005 school year, the Texas Education Agency shall include the results of student performance on each assessment instrument added by this Act in evaluating the performance of school districts, campuses, and open-enrollment charter schools under Subchapter D, Chapter 39, Education Code; (4) not later than the 2004-2005 school year, the State Board of Education shall administer assessment instruments under Section 39.023(b), Education Code, that correspond to the following assessment instruments required under Section 39.023(a), Education Code, as amended by this Act: (A) the mathematics assessment instrument administered in grades nine and 10; (B) the reading assessment instrument administered in grade nine; and (C) the English language arts assessment instrument administered in grade 10; (5) not later than the 2006-2007 school year, the Texas Education Agency shall include the results of student performance on each assessment instrument described by Subdivision (4) of this section in evaluating the performance of school | ||
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districts, campuses, and open-enrollment charter schools under Subchapter D, Chapter 39, Education Code; and (6) pending the introduction, as provided by Subdivision (2) of this section, of any assessment instrument added by this Act: (A) the State Board of Education shall administer each appropriate assessment instrument under Section 39.023, Education Code, as that section existed before amendment by this Act; (B) a student who performs satisfactorily on the end-of-course assessment instruments specified by Section 39.025, Education Code, as that section existed before amendment by this Act, is entitled to receive a high school diploma if the student completes all other requirements for high school graduation; and (C) the former law is continued in effect for the purposes provided by this subdivision. SECTION 1.11. (a) The commissioner of education shall conduct a study to determine the effectiveness of changes to Subchapter B, Chapter 39, Education Code, as amended by this article. This study shall include but not be limited to evaluation of the following: (1) the performance of minority students on assessments added by this article, including changes in the performance gap between minority and nonminority students; (2) the performance of students on assessments added by this article as compared to performance on national assessments; (3) the availability and utility of data on the academic performance of secondary students; and (4) the effect of the additional assessments on the dropout rate. (b) Not later than December 1, 2006, the commissioner of education shall report the results of the study to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officer of the standing committee in each house of the legislature with primary jurisdiction over public education. ARTICLE 2. SECTION 2.01. Except as otherwise provided by this article, this article takes effect September 1, 2007. SECTION 2.02. Section 28.025(a), Education Code, is amended to read as follows: (a) The State Board of Education by rule shall determine curriculum requirements for the minimum, recommended, and advanced high school programs that are consistent with the required curriculum under Section 28.002. A student may graduate and receive a diploma only if the student successfully completes: (1) the curriculum requirements identified by the board and the facility assessment instrument administered under Section 39.023(c) or each end-of-course assessment instrument required to be adopted under Section 39.023(d); or (2) an individualized education program developed under Section 29.005. SECTION 2.03. Sections 39.023(a) and (c), Education Code, are amended to read as follows: (a) The agency shall adopt appropriate criterion-referenced assessment instruments designed to assess competencies in reading, writing, mathematics, social studies, and science. All students, except students assessed under Subsection (b) or exempted under Section 39.027, shall be assessed in: (1) reading and mathematics, annually in grades three through eight; (2) writing, in grades four and eight; and | ||
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(3) social studies and science, at an appropriate grade level determined by the State Board of Education. (c) The agency shall also adopt secondary facility assessment instruments designed to assess competencies in mathematics and English language arts. The English language arts section must include the assessment of writing competencies. If a student is in a special education program under Subchapter A, Chapter 29, the student's admission, review, and dismissal committee shall determine whether any allowable modification is necessary in administering to the student an assessment instrument required under this subsection or whether the student should be exempted under Section 39.027(a)(2). The State Board of Education shall administer the assessment instruments. The State Board of Education shall adopt a schedule for the administration of secondary facility assessment instruments. Each student who did not perform satisfactorily on any secondary facility assessment instrument when initially tested shall be given multiple opportunities to retake that assessment instrument. SECTION 2.04. Section 39.023(d), Education Code, is amended to read as follows: (d) The agency shall adopt end-of-course assessment instruments for students in secondary grades who have completed Algebra I, Biology I, English II, and United States history. If a student is in a special education program under Subchapter A, Chapter 29, the student's admission, review, and dismissal committee shall determine whether any allowable modification is necessary in administering to the student an assessment instrument required under this subsection or whether the student should be exempted under Section 39.027(a)(2). SECTION 2.05. (a) This section takes effect only if S.B. No. 1, Acts of the 76th Legislature, Regular Session, 1999, is enacted and becomes law. If S.B. No. 1 is not enacted or does not become law, this section has no effect. (b) Section 39.023(e), Education Code, is amended to read as follows: (e) Under rules adopted by the State Board of Education, the agency shall release the questions and answer keys to each assessment instrument initially administered under Subsection (a), (b), (c), or (d) after the last time the instrument is administered for a school year. The agency is not required to release the questions and answer keys to an assessment instrument administered in compliance with Section 28.0211(b) before the fifth anniversary of the last date on which the assessment instrument is administered. To ensure a valid bank of questions for use each year, the agency is not required to release a question that is being field-tested and was not used to compute the student's score on the instrument. The agency shall also release, under board rule, each question that is no longer being field-tested and that was not used to compute a student's score. SECTION 2.06. (a) This section takes effect only if S.B. No. 1, Acts of the 76th Legislature, Regular Session, 1999, is not enacted or does not become law. If S.B. No. 1 is enacted and becomes law, this section has no effect. (b) Section 39.023(e), Education Code, is amended to read as follows: (e) Under rules adopted by the State Board of Education, the agency shall release the questions and answer keys to each assessment instrument administered under Subsection (a), (b), (c), or (d) after the last time the instrument is administered for a school year. To ensure a valid bank of questions for use each year, the agency is not required to release a question that is being field-tested and was not used to compute the student's score on the instrument. The agency shall also release, under board rule, each | ||
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question that is no longer being field-tested and that was not used to compute a student's score. SECTION 2.07. Section 39.025(a), Education Code, is amended to read as follows: (a) A student may not receive a high school diploma until the student has performed satisfactorily on the secondary facility assessment instruments for English language arts and mathematics administered under Section 39.023(c) or on: (1) the end-of-course assessment instruments adopted under Section 39.023(d) in Algebra I and English II; and (2) the end-of-course assessment instrument adopted under Section 39.023(d) in either Biology I or United States history. SECTION 2.08. Section 39.051(b), Education Code, is amended to read as follows: (b) Performance on the indicators adopted under this section shall be compared to state-established standards. The degree of change from one school year to the next in performance on each indicator adopted under this section shall also be considered. The indicators must be based on information that is disaggregated with respect to race, ethnicity, sex, and socioeconomic status and must include: (1) the results of assessment instruments required under Sections 39.023(a) and (c), aggregated by grade level and subject area; (2) dropout rates; (3) student attendance rates; (4) the percentage of graduating students who attain scores on the secondary facility assessment instruments required under Subchapter B that are equivalent to a passing score on the test instrument required under Section 51.306; (5) the percentage of graduating students who meet the course requirements established for the recommended high school program by State Board of Education rule; (6) the results of the Scholastic Assessment Test (SAT) and the American College Test; (7) the percentage of students taking end-of-course assessment instruments adopted under Section 39.023(d); (8) the percentage of students exempted, by exemption category, from the assessment program generally applicable under this subchapter; and (9) any other indicator the State Board of Education adopts. SECTION 2.09. Section 39.052(b), Education Code, is amended to read as follows: (b) The report card shall include the following information where applicable: (1) the academic excellence indicators adopted under Sections 39.051(b)(1) through (8); (2) student/teacher ratios; and (3) administrative and instructional costs per student. SECTION 2.10. The commissioner of education shall adopt rules for the implementation of Section 39.023, Education Code, as amended by this article. The commissioner's rules must provide that: (1) notwithstanding Section 39.051, Education Code, as amended by this article, the Texas Education Agency may include the results of student performance on any assessment instrument under Section 39.023(a), Education Code, as that section | ||
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existed before amendment by this article, in evaluating the performance of school districts, campuses, and open-enrollment charter schools under Subchapter D, Chapter 39, Education Code; and (2) pending the introduction of any assessment instrument added by this article: (A) the State Board of Education shall administer each appropriate assessment instrument under Section 39.023, Education Code, as that section existed before amendment by this article; (B) a student who performs satisfactorily on the assessment instruments specified by Section 39.025, Education Code, as that section existed before amendment by this article, is entitled to receive a high school diploma if the student completes all other requirements for high school graduation; and (C) the former law is continued in effect for the purposes provided by this subdivision. ARTICLE 3. SECTION 3.01. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended. The amendment was read and was adopted by a viva voce vote. On motion of Senator Bivins and by unanimous consent, the caption was amended to conform to the body of the bill as amended. The bill as amended was passed to engrossment by a viva voce vote. RECORD OF VOTES Senators Barrientos, Harris, and Zaffirini asked to be recorded as voting "Nay" on the passage of the bill to engrossment. COMMITTEE SUBSTITUTE SENATE BILL 103 ON THIRD READING Senator Bivins moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 103 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 26, Nays 4. Yeas: Armbrister, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, West, Whitmire. Nays: Barrientos, Harris, Wentworth, Zaffirini. Absent-excused: Luna. CSSB 103 was read third time and was passed by a viva voce vote. RECORD OF VOTES Senators Barrientos, Harris, and Zaffirini asked to be recorded as voting "Nay" on the final passage of the bill. (Senator Wentworth in Chair) | ||
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COMMITTEE SUBSTITUTE SENATE BILL 1574 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: CSSB 1574, Relating to the administration of certain programs for at-risk children and their families. The bill was read second time and was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 1574 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 CSSB 1574 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 1574 was read third time and was passed by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 295 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: CSSB 295, Relating to the servicing of a portable fire extinguisher. The bill was read second time and was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 295 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 CSSB 295 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 295 was read third time and was passed by the following vote: Yeas 30, Nays 0. Absent-excused: Luna. SENATE RULE 11.18 SUSPENDED | ||
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(Posting Rule) On motion of Senator Harris and by unanimous consent, Senate Rule 11.18 was suspended in order that the Jurisprudence subcommittee might consider the following bills today: SB 207, SB 208. SENATE RULE 11.18 SUSPENDED (Posting Rule) On motion of Senator Sibley and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Economic Development might consider SB 1114 tomorrow. MEMORIAL RESOLUTION SR 632 - by Barrientos: In memory of Emmett L. Johnson of Austin. CONGRATULATORY RESOLUTIONS SR 595 - by Nelson: Congratulating Dr. Jane Chihal. SR 596 - by Nelson: Congratulating the volunteers of the Medical Center of Lewisville. SR 597 - by Duncan: Congratulating the Lubbock Christian High School girls basketball team. SR 600 - by Truan: Congratulating H. Ken DeDominicis of Corpus Christi. SR 601 - by Cain: Congratulating Celia Scott Boswell of Mineola. SR 602 - by Cain: Congratulating Gerald Peden of Terrell. SR 603 - by Barrientos: Congratulating the Peer Assistance Leadership organization at Travis High School in Austin. SR 604 - by Barrientos: Congratulating Minnie Needham. SR 607 - by Armbrister: Congratulating Matagorda United Methodist Church of Matagorda. SR 608 - by Harris: Congratulating Barbara Cabbil. SR 609 - by Harris: Congratulating Jennifer Celone. SR 610 - by Harris: Congratulating Jennifer Dollar. SR 611 - by Harris: Congratulating Melissa Gibbons. SR 612 - by Harris: Congratulating Charlee Hagan. SR 613 - by Harris: Congratulating Vicki Hicks. SR 614 - by Harris: Congratulating Jeff Johnson. SR 615 - by Harris: Congratulating Lori Lane. SR 616 - by Harris: Congratulating Liz Lawler. SR 617 - by Harris: Congratulating Dave Perry. SR 618 - by Harris: Congratulating Kristi Phillips. | ||
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SR 619 - by Harris: Congratulating Linda Ramsey. SR 620 - by Harris: Congratulating Heidi Richardson. SR 621 - by Harris: Congratulating Sheryl Schickedanz. SR 622 - by Harris: Congratulating Shelly Rapp. SR 623 - by Harris: Congratulating Liz Schmidt. SR 624 - by Harris: Congratulating Janice Stalling. SR 625 - by Harris: Congratulating Johnny Stephens. SR 626 - by Harris: Congratulating Peggy Strybosch. SR 627 - by Harris: Congratulating Barbara Taylor. SR 628 - by Harris: Congratulating Ellen Thames. SR 629 - by Harris: Congratulating Kim Turner. SR 630 - by Harris: Congratulating Carma Whitney. SR 631 - by West: Congratulating the Young at Heart project in Dallas. HCR 140 - (Cain): Congratulating the Winnsboro High School Lady Raiders on winning the 1999 UIL Class 3A state basketball championship. HCR 162 - (Madla): Congratulating David Garza on his promotion to the post of southwest region director of The Enterprise Foundation. MISCELLANEOUS RESOLUTION SR 606 - by Armbrister: Recognizing Gonzales as the Lexington of Texas. ADJOURNMENT On motion of Senator Truan, the Senate at 4:00 p.m. adjourned until 10:00 a.m. tomorrow.
APPENDIX
COMMITTEE REPORTS The following committee reports were received by the Senate: April 12, 1999 CRIMINAL JUSTICE - SB 734, SB 1256, SB 1486, SB 1789, SB 1576, SB 1577, SB 1578, SB 650 BORDER AFFAIRS - SB 1108 (Amended), CSSB 1378 INTERGOVERNMENTAL RELATIONS - HB 1345 (Amended), SB 1508, CSSB 601, CSSB 1193, CSSB 1480, CSSB 1540, CSSB 1609 STATE AFFAIRS - CSSJR 41, CSSB 1016, SB 1533 (Amended), | ||
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SB 1794 (Amended) EDUCATION - SB 751, CSSB 947, SB 989, CSSB 1289, SB 1326, SB 1290 STATE AFFAIRS - CSSB 29, CSSB 555, CSSB 785 CRIMINAL JUSTICE - CSSB 840, CSSB 919, CSSB 6, SB 1409 (Amended), CSSB 1571, SB 1579 (Amended), CSSB 8, SB 1580 (Amended) EDUCATION - CSSB 836 NATURAL RESOURCES - SB 1731, SB 199, SB 396, SB 459, CSSB 1500, CSSB 1746, CSSB 1154, CSSB 1733 | ||