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 Dr. Bill Weaver, Senior Minister, Shady Grove Baptist Church, North Richland Hills, accompanied by his wife, Margie, offered the invocation as follows:

Jehovah God, our Father, we speak Your name with reverent awe today, proclaiming blessings for all who hear these words, knowing that these men and women who preside over Texas government must have wisdom from on high, insight that comes from intensive labors of the mind, and strength developed from individual character.

May Your wisdom prevail. May insight be the order of the day, and may character produce the strength of right measured in truth. 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-AUTHOR OF SENATE BILL 1361

On motion of Senator Harris and by unanimous consent, Senator Moncrief will be shown as Co-author of SB 1361.

CO-AUTHOR OF SENATE BILL 1446

On motion of Senator Barrientos and by unanimous consent, Senator Shapleigh will be shown as Co-author of SB 1446.

CO-AUTHOR OF SENATE BILL 1493

On motion of Senator Duncan and by unanimous consent, Senator Gallegos will be shown as Co-author of SB 1493.

CO-AUTHOR OF SENATE BILL 1509

On motion of Senator Truan and by unanimous consent, Senator Shapleigh will be shown as Co-author of SB 1509.

CO-AUTHORS OF SENATE CONCURRENT RESOLUTION 7

On motion of Senator Moncrief and by unanimous consent, Senators Fraser, Odgen, Shapleigh, and Truan will be shown as Co-authors of SCR 7.

(Senator Sibley in Chair)

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 1859, SB 1860, SB 1861, SB 1862, SB 1863, SB 1864, SB 1865.

SENATE BILLS AND RESOLUTION ON FIRST READING

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

SB 1858 by Nixon

Relating to the powers of the Sabine River Authority. (Local Bill)

To Committee on Natural Resources.

SB 1859 by Sibley, Nelson, Haywood

Relating to the creation of the Texas Woman's University System and declaring the Texas Woman's University Institute of Health Sciences a health related institution.

To Subcommittee on Higher Education.

SB 1860 by Sibley

Relating to the validity of certain devises or bequests.

To Committee on Jurisprudence.

SB 1861 by Sibley

Relating to defining a private or independent institution of higher education.

To Subcommittee on Higher Education.

SB 1862 by Ratliff

Relating to the state participation program of the Texas Water Development Board.

To Committee on Finance.

SB 1863 by Cain

Relating to voir dire requirements in civil actions.

To Committee on Jurisprudence.

SB 1864 by Gallegos

Relating to reinvestment zones and tax increment financing under the Tax Increment Financing Act, tax abatement agreements within those zones, and the administration of certain local government corporations.

To Committee on Economic Development.

SB 1865 by Harris

Relating to regulating and reporting certain political contributions and political expenditures; providing a criminal penalty.

To Committee on State Affairs.

SR 637 by Jackson

Expressing support for a United States postage stamp that will honor the brave men and women who are wounded while fighting on behalf of our country.

To Committee on Veteran Affairs and Military Installations.

MESSAGE FROM THE GOVERNOR

The following Message from the Governor was read and was referred to the Committee on Nominations:

Austin, Texas

April 13, 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 JUDGE OF THE 309TH JUDICIAL DISTRICT COURT, HARRIS COUNTY, until the next General Election and until her successor shall be duly elected and qualified:

Eva M. Guzman

12710 Timberland Trace

Houston, Texas 77065

Ms. Guzman will be replacing Judge John D. Montgomery of Houston who is deceased.

TO BE MEMBERS OF THE STATE BOARD OF DENTAL EXAMINERS for terms to expire February 1, 2005:

James Kevin Irons, D.M.D.

5509 Esquel Cove

Austin, Texas 78739

(replacing Dr. J. Hadley Hall

of Abilene whose term expired)

Amy Landess Juba

2205 South Travis

Amarillo, Texas 79109

(replacing Jerry Burley of

Houston whose term expired)

Martha Lynn Manley Malik, D.D.S.

1501 Plantation

Victoria, Texas 77904

(replacing Dr. Sheryl Beltrane

of San Antonio whose term expired)

Kent T. Starr, D.D.S.

3825 Herwol

Waco, Texas 76710

(reappointment)

Nathaniel George Tippit, Jr., D.D.S.

8405 Burkhart Road

Houston, Texas 77055

(replacing Dr. Miro Pavelka

of Richardson whose term expired)

TO BE MEMBERS OF THE COASTAL WATER AUTHORITY BOARD OF DIRECTORS for terms to expire April 1, 2001:

Darryl L. King

13802 Glade Hollow Drive

Houston, Texas 77032

(reappointment)

Gary R. Nelson

P.O. Box 1080

Mont Belvieu, Texas 77580

(reappointment)

TO BE MEMBERS OF THE BRAZOS RIVER AUTHORITY BOARD OF DIRECTORS for terms to expire February 1, 2005:

Andrew Jackson

16311 Quail Nest Court

Missouri City, Texas 77489

(replacing Hulen M. Davis of

Prairie View whose term expired)

Joe B. Hinton

4001 Bosque Ridge Road

Crawford, Texas 76638

(replacing Lee M. Kidd of

Denver City whose term expired)

Celeste L. Kotter

P.O. Box 600

Marlin, Texas 76661

(replacing Johnoween Smyth Mathis

of Hearne whose term expired)

Robert Bruce Lane

Route 1 Box 189

Clifton, Texas 76634

(replacing David Lengefeld

of Hamilton whose term expired)

Steve D. Peña

#13 Old Oaks Drive

Round Rock, Texas 78664

(replacing Horace R. Grace

of Killeen whose term expired)

M. Lance Phillips

310 South Ross

Mexia, Texas 76667

(replacing Everet E. Kennemer

of Lake Jackson whose term

expired)

Janet Kay Sparks

502 Hyde Park

Cleburne, Texas 76031

(replacing Karen C. Matkin

of Waco whose term expired)

Respectfully submitted,

/s/George W. Bush

Governor

SENATE CONCURRENT RESOLUTION 17

ON SECOND READING

On motion of Senator Brown and by unanimous consent, the regular order of business and Senate Rule 5.14(a) were suspended to take up for consideration at this time on its second reading:

SCR 17, Honoring Thomas L. Heffernan for his 40 years of continuous service to the Parks and Wildlife Department.

The resolution was read second time and was adopted by a viva voce vote.

GUESTS PRESENTED

Senator Brown was recognized and introduced to the Senate Thomas Heffernan and his wife, Eileen.

The Senate welcomed Mr. and Mrs. Heffernan.

COMMITTEE SUBSTITUTE

SENATE BILL 1169 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 1169, Relating to advertising in the Texas driver's handbook.

The bill was read third time and was passed by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 1026 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:

CSSB 1026, Relating to cooperative programs between certain educational institutions under which students may work at the Lyndon B. Johnson Space Center.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1026 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 CSSB 1026 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 1026 was read third time and was passed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

CAPITOL PHYSICIAN

The "Doctor for the Day," Dr. Sukhdev Peganyee of Houston, was introduced to the Senate by Senator Ellis.

The Senate expressed appreciation and gratitude to Dr. Peganyee for participating in the "Capitol Physician" program sponsored by the Texas Academy of Family Physicians.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 14, 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 156, Relating to the application of the open meetings law to certain gatherings at which a governmental body receives information from third persons, including government employees.

HB 580, Relating to automated external defibrillator devices.

HB 585, Relating to the authority of library districts to receive gifts, grants, and donations.

HB 1037, Relating to the appraisal for ad valorem tax purposes of property located in more than one appraisal district.

HB 1373, Relating to allocation of principal and income in certain trusts.

HB 1707, Relating to registration of certain motor vehicles by a county tax assessor-collector.

HB 1732, Relating to testing of certain equine animals for equine infectious anemia; providing a criminal penalty.

HB 1739, Relating to membership, service credit, benefits, and administration of the statewide retirement system for emergency services personnel; providing an administrative penalty.

HB 2353, Relating to the designation of the primary residence of certain children.

HB 2514, Relating to certain workers' compensation programs conducted to increase worker safety.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

GUEST PRESENTED

Senator Zaffirini was recognized and introduced to the Senate Andrew Traeger of Seguin, serving today as an Honorary Senate Page. Andrew is a grandson of former Senator John A. Traeger.

The Senate welcomed Andrew.

GUESTS PRESENTED

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

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Wentworth was recognized and introduced to the Senate a group of third-grade students from Saint Luke's Episcopal School in San Antonio, accompanied by their teacher.

The Senate welcomed its guests.

COMMITTEE SUBSTITUTE

SENATE BILL 1076 ON SECOND READING

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

CSSB 1076, Relating to certain types of noncredit insurance and other

products offered in connection with a consumer loan.

There was objection.

Senator Carona then moved to suspend the regular order of business and take up CSSB 1076 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, Gallegos, Harris, Haywood, Jackson, Lucio, Madla, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Wentworth, West, Zaffirini.

Nays: Barrientos, Ellis, Lindsay, Moncrief, Truan.

Absent: Whitmire.

Absent-excused: Luna.

The bill was read second time.

Senator Carona offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1076 as follows:

(1) On page 1, lines 19 - 22, insert the following after the comma that follows the word "offer": "subject to all applicable insurance laws of this state, including agent licensing requirements and policy form requirements,".

(2) On page 1, lines 19 - 22, strike the following: "if agent licensing requirements and policy forms comply with the applicable provisions of the Insurance Code and other insurance laws of this state".

(3) On page 2, lines 31 - 34, insert the following after the comma that follows the word "offer": "subject to all applicable insurance laws of this state, including agent licensing requirements and policy form requirements,".

(4) On page 4, lines 31 - 34, strike the following: "if agent licensing requirements and policy forms comply with the applicable provisions of the Insurance Code and other insurance laws of this state".

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

On motion of Senator Carona 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, Ellis, and Truan asked to be recorded as voting "Nay" on the passage of the bill to engrossment.

BIRTHDAY GREETINGS EXTENDED

Senator Brown was recognized and, joined by the Senate, extended birthday greetings to Darrell Azar, Bureau Chief for KTRH Radio Station in Houston.

SENATE BILL 1576 ON SECOND READING

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

SB 1576, Relating to notifying local law enforcement officials of the release of certain gang members from the institutional division of the Texas Department of Criminal Justice.

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

SENATE BILL 1576 ON THIRD READING

Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1576 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 1576 was read third time and was passed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

SENATE BILL 1577 ON SECOND READING

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

SB 1577, Relating to training for parole officers who supervise gang members released from the Texas Department of Criminal Justice on parole or mandatory supervision.

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

SENATE BILL 1577 ON THIRD READING

Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1577 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 1577 was read third time and was passed by a viva voce vote.

SENATE BILL 549 ON SECOND READING

On motion of Senator Haywood 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 549, Relating to the oversight and operations of regional planning commissions and councils of governments.

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

SENATE BILL 549 ON THIRD READING

Senator Haywood moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 549 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 549 was read third time and was passed by a viva voce vote.

GUESTS PRESENTED

Senator Lindsay was recognized and introduced to the Senate a group of students representing the Empowering Teen Leaders Program of Harris County.

The Senate welcomed its guests.

COMMITTEE SUBSTITUTE

SENATE BILL 332 ON SECOND READING

On motion of Senator Moncrief 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 332, Relating to authorizing institutions of higher education to impose a fee to support Washington, D.C., internships and abolishing the Texas-Washington, D.C., Intern Scholarship Program.

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

RECORD OF VOTE

Senator Ogden asked to be recorded as voting "Nay" on the passage of the bill to engrossment.

COMMITTEE SUBSTITUTE

SENATE BILL 332 ON THIRD READING

Senator Moncrief moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 332 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 2.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Nixon, Ratliff, Shapiro, Shapleigh, Sibley, Truan, West, Whitmire, Zaffirini.

Nays: Ogden, Wentworth.

Absent-excused: Luna.

CSSB 332 was read third time and was passed by the following vote: Yeas 29, Nays 1.

Nays: Ogden.

Absent-excused: Luna.

GUESTS PRESENTED

Senator Haywood was recognized and introduced to the Senate a delegation of citizens from the City of Wichita Falls.

The Senate welcomed its guests.

(President in Chair)

SENATE RESOLUTION 552

Senator Ogden offered the following resolution:

WHEREAS, On April 14, 1999, Washington County Day will be celebrated by the proud citizens of that illustrious county in recognition of the area's many significant contributions to the State of Texas; and

WHEREAS, Located in southeast Central Texas, Washington County has an area of 611 square miles drained principally by the Brazos River, and its picturesque rolling terrain includes the prairie and post oak belts; and

WHEREAS, The county, revered as the "Birthplace of Texas," was created in 1836 and organized the following year and is renowned as the location of Washington-on-the-Brazos, which was established in 1834 near the location of a ferry that had been continuously operated on the Brazos River since 1822; a "must see" for Texas history buffs, Washington-on-the-Brazos achieved prominence during the Texas Revolution as the site of the signing of the Texas Declaration of Independence and the drafting of the constitution of the newly born Republic of Texas; and

WHEREAS, Modern-day Washington County boasts a thriving economy based primarily on manufacturing, agriculture, and agribusiness, as well as a flourishing tourism industry; and

WHEREAS, The county seat of Brenham is home to the celebrated Blue Bell Creameries, whose ice cream has delighted Texans for generations, and Blinn Junior College, home of the back-to-back National Football Championship team the Buccaneers; and

WHEREAS, Washington County has many stellar attractions to offer both tourists and residents alike; Somerville Lake provides some of the finest hunting and fishing to be found in the state today, and colorful bluebonnet trails dot the highways and byways during the springtime; and

WHEREAS, A number of the state's most unique and enjoyable festivals also take place in Washington County; the Washington County Fair is the oldest county fair in Texas and the town of Chappell Hill hosts the popular Bluebonnet Festival in the spring and Scarecrow Festival each fall; and

WHEREAS, Other notable celebrations occurring in Washington County include the Burton Cotton Gin Festival and Brenham's Maifest, an annual event honoring the area's proud German heritage; and

WHEREAS, Washington County has long been regarded as a hotbed of athletic excellence in the sport of baseball and the exceptional success of local players has inspired many other area athletes into taking up the bat and glove; and

WHEREAS, Adding to the rich cultural heritage of the area are Washington-on-the-Brazos State Park, the Burton Cotton Gin and Museum, the Texas Baptist Historical Museum, the Star of the Republic Museum, Brenham Heritage Museum, as well as many other notable historic sites; and

WHEREAS, Preeminent among the county's finest assets are its friendly and hospitable citizens, who have gone to great lengths to make this lovely region a county that they are proud to call home; and

WHEREAS, Renowned for Blue Bell, baseball, bluebonnets, bed and breakfasts, and the Birthplace of Texas, Washington County is truly one of the state's most outstanding counties, and the efforts of its residents in preserving its unique beauty and heritage truly merit special praise and recognition; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby designate April 14, 1999, as Washington County Day and offer sincere best wishes to the county's fine citizens for a memorable and joyous celebration; and, be it further

RESOLVED, That an official copy of this Resolution be prepared for Washington County as a memento of this special day.

The resolution was read.

On motion of Senator Truan and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.

On motion of Senator Ogden, the resolution was adopted by a viva voce vote.

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate a delegation of citizens and city and county officials from Washington County.

The Senate welcomed its guests.

(Senator Truan in Chair)

SENATE JOINT RESOLUTION 2 ON SECOND READING

On motion of Senator Sibley 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 2, Proposing a constitutional amendment to abolish the office of constable in Jack County.

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

RECORD OF VOTE

Senator Lucio asked to be recorded as voting "Nay" on the passage of the resolution to engrossment.

(Senator Brown in Chair)

SENATE JOINT RESOLUTION 2 ON THIRD READING

Senator Sibley moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SJR 2 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 2.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Madla, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, West, Whitmire, Zaffirini.

Nays: Lucio, Wentworth.

Absent-excused: Luna.

SJR 2 was read third time and was passed by the following vote: Yeas 29, Nays 1.

Nays: Lucio.

Absent-excused: Luna.

SENATE BILL 1508 ON SECOND READING

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

SB 1508, Relating to the rate and allocation of the hotel occupancy tax in certain municipalities.

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

SENATE BILL 1508 ON THIRD READING

Senator Truan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1508 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 1508 was read third time and was passed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

COMMITTEE SUBSTITUTE

SENATE BILL 1152 ON SECOND READING

On motion of Senator Bivins 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 1152, Relating to the authority of the state to obtain electricity and to sell or convey that electricity.

The bill was read second time.

Senator Bivins offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1152, in Section 2 of the bill, by deleting Section 35.105 of the Utilities Code on page 2 of the bill, lines 15 through 22 and substituting the following language "Sec. 35.105. COSTS OF SERVING STATE AGENCY. An entity described by subsection (a) shall provide any utility service, including transmission, distribution, and other services, which must include any stranded costs associated with providing service to the state at the lowest applicable rate charged for similar service to other customers."

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.

COMMITTEE SUBSTITUTE

SENATE BILL 1152 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 1152 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 1152 was read third time and was passed by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 569 ON SECOND READING

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

CSSB 569, Relating to standards for utilization review.

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

COMMITTEE SUBSTITUTE

SENATE BILL 569 ON THIRD READING

Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 569 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 569 was read third time and was passed by a viva voce vote.

GUEST PRESENTED

Senator Truan was recognized and introduced to the Senate Todd Edwards, Regional Representative for the Southern Legislative Conference of the Council of State Governments.

The Senate welcomed Mr. Edwards.

GUEST PRESENTED

Senator Nelson was recognized and introduced to the Senate Ross Dickerson of Wichita Falls, serving today as an Honorary Senate Page.

The Senate welcomed Ross.

SENATE BILL 348 ON SECOND READING

On motion of Senator Haywood 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 348, Relating to the civil liability of charitable organizations that are chambers of commerce.

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

SENATE BILL 348 ON THIRD READING

Senator Haywood moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 348 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 348 was read third time and was passed by a viva voce vote.

(President in Chair)

SENATE BILL 553 ON SECOND READING

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

SB 553, Relating to the conditions of employment for certain fire fighters.

There was objection.

Senator Gallegos then moved to suspend the regular order of business and take up SB 553 for consideration at this time.

The motion prevailed by the following vote: Yeas 19, Nays 6.

Yeas: Armbrister, Barrientos, Bernsen, Brown, Duncan, Ellis, Gallegos, Harris, Lindsay, Lucio, Madla, Moncrief, Nelson, Shapleigh, Truan, Wentworth, West, Whitmire, Zaffirini.

Nays: Haywood, Jackson, Ogden, Ratliff, Shapiro, Sibley.

Absent: Bivins, Cain, Carona, Fraser, Nixon.

Absent-excused: Luna.

The bill was read second time.

Senator Nixon offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 553 by inserting the following at the end of SECTION 1 of the bill (Committee Printing page 3, between lines 3 and 4):

Sec. 176.008. TERM OF AGREEMENT; EXTENSIONS. (a) An initial agreement under this chapter may not exceed a term of two years.

(b) A public employer and a fire fighter association recognized as the sole and exclusive meet and confer agent may agree to extend an existing agreement for a term not to exceed one year.

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

On motion of Senator Gallegos 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 553 ON THIRD READING

Senator Gallegos moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 553 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 21, Nays 5.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Duncan, Ellis, Gallegos, Harris, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Shapleigh, Sibley, Truan, West, Whitmire, Zaffirini.

Nays: Haywood, Ogden, Ratliff, Shapiro, Wentworth.

Absent: Cain, Carona, Fraser, Nixon.

Absent-excused: Luna.

SB 553 was read third time and was passed by a viva voce vote.

RECORD OF VOTES

Senators Haywood, Jackson, Ogden, Ratliff, Shapiro, and Sibley asked to be

recorded as voting "Nay" on the final passage of the bill.

COMMITTEE SUBSTITUTE

SENATE BILL 1667 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 1667, Relating to the authority of a municipality to lease or sell property used for the purpose of operating certain properties located on certain state-owned lands.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1667 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 1667 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 1667 was read third time and was passed by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 1610 ON SECOND READING

On motion of Senator Lucio 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 1610, Relating to insurance credit for the use of compressed air foam technology in fire-fighting equipment.

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

RECORD OF VOTE

Senator Brown asked to be recorded as "Present-not voting" on the passage of the bill to engrossment.

COMMITTEE SUBSTITUTE

SENATE BILL 1610 ON THIRD READING

Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1610 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 1, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Brown.

Absent-excused: Luna.

CSSB 1610 was read third time and was passed by a viva voce vote.

RECORD OF VOTE

Senator Brown asked to be recorded as "Present-not voting" on the final passage of the bill.

COMMITTEE SUBSTITUTE

SENATE BILL 1193 ON SECOND READING

On motion of Senator Lucio 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 1193, Relating to the fees imposed for the preservation and restoration of certain county records and county courthouses.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1193 ON THIRD READING

Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1193 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 1193 was read third time and was passed by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 1775 ON SECOND READING

On motion of Senator Sibley 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 1775, Relating to the regulation of certain providers of service contracts; providing penalties.

The bill was read second time.

Senator Sibley offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1775 as follows:

(1) In SECTION 1 of the bill, in Section 5(e)(4), Article 9034, Revised Statutes, (page 3, line 44), after the ";" strike "and".

(2) In SECTION 1 of the bill, in Section 5(e)(5), Article 9034, Revised Statutes (page 3, line 46), strike the "." and substitute "; and".

(3) In SECTION 1 of the bill, in Section 5, Subsection (e), Article 9034, Revised Statutes, add a new Subdivision (e)(6) (page 3, line 47) to read as follows:

"(6) service contracts sold by a motor vehicle dealer on vehicles sold by that dealer if the dealer is the provider and is licensed as a motor vehicle dealer pursuant to Subchapter D, Texas Motor Vehicle Commission Code (Article 4413(36) Vernon's Texas Civil Statutes), and covers its obligations under the service contract with a reimbursement insurance policy as defined by Section 2(11) of this article."

(4) Add a new SECTION 2 (page 7, line 25) to read as follows, and renumber the subsequent sections appropriately:

"SECTION 2. Section 348.208, Finance Code, is amended by adding Subsection (c) to read as follows:

(c) Notwithstanding any other law, service contracts sold by a retail seller of a motor vehicle to a retail buyer are not subject to 1.14-1, Insurance Code."

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.

COMMITTEE SUBSTITUTE

SENATE BILL 1775 ON THIRD READING

Senator Sibley moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1775 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 1775 was read third time and was passed by a viva voce vote.

SENATE BILL 545 ON SECOND READING

On motion of Senator Nixon 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 545, Relating to disclosure of the terms of certain real property sales to certified real estate appraisers.

The bill was read second time.

Senator Nixon offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 545 in SECTION 1 of the bill (Committee Printing, page 1, between lines 23 and 24), by inserting Section 5.012(c), Property Code, to read as follows:

(c) This section does not authorize the release of information relating to the terms of the sale of real property to the general public.

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

On motion of Senator Nixon 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 545 ON THIRD READING

Senator Nixon moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 545 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 545 was read third time and was passed by a viva voce vote.

RESOLUTIONS SIGNED

The President announced the signing of the following enrolled resolutions in the presence of the Senate: HCR 140, HCR 162.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 14, 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 1, General Appropriations Bill.

HCR 179, Declaring Gonzales to be the "Lexington of Texas."

HCR 180, Congratulating the Dallas Cowboys and the city of Wichita Falls on the success of the team's training camp.

HCR 192, Designating April 14, 1999, as Wichita Falls Day at the State Capitol.

HCR 208, Honoring Zig Ziglar.

HCR 231, In memory of Bruce McKenzie.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Armbrister and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Criminal Justice might consider SB 25 today.

HOUSE BILL ON FIRST READING

The following bill received from the House was read first time and referred to the committee indicated:

HB 1 to Committee on Finance.

MOTION TO ADJOURN

On motion of Senator Truan and by unanimous consent, the Senate at 11:55 a.m. agreed to adjourn, upon conclusion of the Local and Uncontested Calendar Session, until 10:00 a.m. tomorrow.

CONGRATULATORY RESOLUTIONS

SR 638 - by Lindsay: Congratulating Steven Rollinson of Spring.

SR 639 - by Lindsay: Congratulating Andrew Schneider of Spring.

SR 640 - by Lindsay: Congratulating William Clay Ellison of Houston.

SR 642 - by Moncrief: Congratulating Coach Lee Williams of Fort Worth.

SR 643 - by Moncrief: Congratulating Beso Kazaishvili of the Republic of Georgia.

SR 644 - by Moncrief: Congratulating Coach Robert Hughes of Fort Worth.

SR 645 - by Shapiro: Congratulating Zig Ziglar.

SR 647 - by Ogden: Congratulating Bill Erwin of College Station.

SR 648 - by Fraser: Congratulating Lucas Aaron Welch of Temple.

SR 649 - by Fraser: Congratulating Judson Prescott Hermans of Temple.

SR 650 - by Cain: Congratulating Lora Myneta Bell of Greenville.

HCR 38 - (Jackson): Congratulating Walter G. Hall, Sr., on being named Galveston County's 1998 Citizen of the Year.

RECESS

On motion of Senator Truan, the Senate at 11:55 a.m. recessed until 9:00 a.m. tomorrow for the Local and Uncontested Calendar Session.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

April 14, 1999

HEALTH SERVICES - HB 1033, SB 539, SB 567, SB 1206

STATE AFFAIRS - SB 1099, SB 1664

ECONOMIC DEVELOPMENT - SB 614, CSSB 560

NATURAL RESOURCES - CSSB 1272, SB 1302 (Amended), CSSCR 56