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 Malford C. Hierholzer, Austin District Superintendent, United Methodist Church, offered the invocation as follows:

O God, You have given us responsibility to care for the great affairs of this state. Guide and strengthen these Senators as they deal with the education finance bill today. Amen.

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

LEAVE OF ABSENCE

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

CO-AUTHORS OF SENATE BILL 4

On motion of Senator Bivins and by unanimous consent, Senators Shapleigh and West will be shown as Co-authors of SB 4.

CO-AUTHOR OF SENATE BILL 58

On motion of Senator Haywood and by unanimous consent, Senator Truan will be shown as Co-author of SB 58.

CO-AUTHOR OF SENATE BILL 1287

On motion of Senator Lucio and by unanimous consent, Senator Truan will be shown as Co-author of SB 1287.

CO-AUTHOR OF SENATE BILL 1507

On motion of Senator Truan and by unanimous consent, Senator Shapleigh will be shown as Co-author of SB 1507.

CO-AUTHOR OF SENATE BILL 1622

On motion of Senator Lucio and by unanimous consent, Senator Truan will be shown as Co-author of SB 1622.

HOUSE BILLS ON FIRST READING

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

HB 718 to Committee on State Affairs.

HB 3155 to Committee on Administration.

HB 3157 to Committee on Administration.

(Senator Truan in Chair)

SENATE CONCURRENT RESOLUTION 70

Senator Cain offered the following resolution:

WHEREAS, The Legislature of the State of Texas joins the residents of Wood County in declaring Wednesday, April 28, 1999, as Wood County Day; and

WHEREAS, A county of rural charm and natural beauty, Wood County is located in Northeast Texas at the western edge of the pine belt; the land is hilly and heavily forested and is drained by the Sabine River and its tributaries; and

WHEREAS, Created from Van Zandt County in 1850, the county was named for Governor George T. Wood; the area was home to the Caddo Indians until the 1820s and 1830s when settlers began arriving; Webster, the first village in the area, was established in 1845, and the first profitable industry was ranching; and

WHEREAS, Railroads such as the Texas and Pacific and the International-Great Northern arrived in the area in the early 1870s; the Missouri-Pacific arrived in 1882, and with the advent of railroad transportation, the lumber industry began to thrive; and

WHEREAS, A sweet potato curing plant was established in 1913, and specialized farming became a major industry; by 1935, the county had 101,800 acres in cultivation, and Christmas trees, hay, watermelons, poultry, and dairy products were being produced; oil was discovered at Hawkins in 1940; and

WHEREAS, Known today as a recreational and retirement county, Wood County is nicknamed "Lake Country" due to its aquatic resources, and sportsmen from all over the world are frequent visitors; the county's gigantic Lake Fork Reservoir is known as the "Best Big Bass Lake in the State"; the state's record largemouth bass was caught in the reservoir in 1993; and

WHEREAS, Communities throughout the county host year-round festivities in honor of the county's heritage and foliage; festivals include the Quitman Dogwood Fiesta in March, the Hawkins Pancake Festival, the Spring Trails in Winnsboro, the Mineola May Days Bean Festival, the Fourth of July FreedomFest, the Oil Festival in Hawkins in October, and the Winter Trails Christmas Parade in Winnsboro; and

WHEREAS, Governor Hogg Shrine State Park is located in Quitman and named for the first native-born governor of Texas, James Stephen Hogg; Governor Hogg established the Texas Railroad Commission to enforce state antitrust laws and promote fair business practices; and

WHEREAS, In spite of population growth and new development, the residents of Wood County have carefully managed to preserve natural habitats and historic sites; and

WHEREAS, Through hard work and clear-sighted goals, the citizens of Wood County have contributed significantly to the State of Texas and deserve to be proud of their efforts; now, therefore, be it

RESOLVED, That the 76th Legislature of the State of Texas hereby express appreciation to the people of this scenic county and extend best wishes to them for a joyous Wood County Day; and, be it further

RESOLVED, That a copy of this resolution be prepared for the residents of Wood County as a token of esteem from the Texas Legislature.

The resolution was read.

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

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

GUESTS PRESENTED

Senator Cain was recognized and introduced to the Senate a delegation of citizens from Wood County, accompanied by county and city officials.

Senator Cain also introduced to the Senate Miss Mineola, Brandy Bruce.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Zaffirini, joined by Senator Barrientos, was recognized and introduced to the Senate a group of students from Sims Elementary School in Austin, accompanied by their teachers, Josi Eason, Valerie Castillo, and Erica Borchers, niece of Senator Zaffirini.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Lucio was recognized and introduced to the Senate G. Wallace Jackson, Superintendent, Brownsville Independent School District, and Mike Saldana, President, Brownsville Independent School District Board of Trustees.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Ellis was recognized and introduced to the Senate a group of students from Evan E. Worthing, Sr., High School in Houston, accompanied by their teachers.

The Senate welcomed its guests.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 28, 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 160, Relating to the regulation of certain sales or solicitations made by children; providing a penalty.

HB 687, Relating to the application of the fishing license requirement to a person who is at least 65 years of age.

HB 734, Relating to the conversion of separate property to community property.

HB 751, Relating to the prosecution of the offense of graffiti.

HB 801, Relating to public participation in certain environmental permitting procedures of the Texas Natural Resource Conservation Commission.

HB 897, Relating to medical assistance payments for ambulance services.

HB 1052, Relating to creating a real estate broker's and appraiser's lien on commercial real estate; providing a penalty.

HB 1420, Relating to complaints filed with the Texas State Board of Podiatric Medical Examiners.

HB 1689, Relating to student loan repayment assistance for certain child-care workers.

HB 1748, Relating to the long-range plan for the Texas Center for Infectious Disease and the provision of tuberculosis and communicable infectious disease health care and laboratory services.

HB 1870, Relating to training required for a person previously employed as a peace officer in another state to become a licensed peace officer in Texas and to the demonstration of firearms proficiency by a person commissioned or applying for a commission as a private security officer.

HB 1976, Relating to the continuation and functions of the Commission on Human Rights.

HB 2284, Relating to a change in notice requirements for escrow agents when increasing premiums.

HB 2296, Relating to the regulation of boilers.

HB 2354, Relating to the liability of the Title IV-D agency for certain costs incurred in providing child support services.

HB 2442, Relating to the administration and funding of a premarital education handbook and certain marital education courses.

HB 2573, Relating to tertiary medical care.

HB 2615, Relating to the application of the oil and gas severance taxes to high-cost gas production and inactive oil and gas leases.

HB 2620, Relating to authorizing counties to prohibit or restrict outdoor burning; providing a criminal penalty.

HB 3089, Relating to long-term care insurance provided for certain public employees, retirees, and their family members.

HB 3091, Relating to rental car damage waivers; providing a penalty.

HB 3504, Relating to the long-range plan for the South Texas Hospital and the provision of tuberculosis and other health care services in the Lower Rio Grande Valley.

HB 3515, Relating to the nature of certain contracts included in the cash price of motor vehicles sold at retail.

HB 3651, Relating to a partnership or affiliation between certain entities and a general academic teaching institution or a medical and dental unit.

HB 3778, Relating to coordination by the Department of Protective and Regulatory Services of investigation of reports of child abuse or neglect.

HCR 247, Congratulating Leroy Walker on being named an Outstanding Teacher.

SB 355, Relating to the continuation and functions of the Texas Incentive and Productivity Commission.

SB 710, Relating to the subdivision of land outside a municipality.

(Amended)

SB 757, Relating to the State Office of Administrative Hearings.

SB 1248, Relating to Medicaid third-party recoveries; providing a penalty.

SB 1509, Relating to the maximum number and amount of certain veteran's loans.

(Amended)

SB 1555, Relating to administration of bond and other programs by the Veterans' Land Board.

(Amended)

SCR 1, Declaring Sanderson the Cactus Capital of Texas.

SCR 49, Designating the San Antonio-El Paso Overland Road a Texas Travel Trail and commemorating the Sesquicentennial Celebration of the San Antonio-El Paso Overland Road.

THE HOUSE HAS CONCURRED IN SENATE AMENDMENTS TO THE FOLLOWING MEASURES:

HB 1345 (140 ayes, 0 nays, 1 present not voting)

HB 1348 (Viva-voce vote)

HB 1356 (Viva-voce vote)

HCR 80 (Viva-voce vote)

THE HOUSE HAS GRANTED THE REQUEST OF THE SENATE FOR THE APPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWING MEASURES:

SB 167

House Conferees: Goolsby - Chair/Bosse/Dukes/Hamric/Siebert

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

CAPITOL PHYSICIAN

The Presiding Officer, Senator Truan in Chair, recognized Senator Barrientos, who presented Dr. Denise Taylor of Austin as the "Doctor for the Day."

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

AT EASE

The Presiding Officer at 10:35 a.m. announced the Senate would stand At Ease subject to the call of the Chair.

IN LEGISLATIVE SESSION

Senator Truan at 10:48 a.m. called the Senate to order as In Legislative Session.

GUEST PRESENTED

Senator Ogden was recognized and introduced to the Senate Miss Ruth Mantor of Taylor.

The Senate welcomed Miss Mantor.

BIRTHDAY GREETINGS EXTENDED

Senator Lucio, joined by Senator Haywood, announced that today is Tiffany Mahaffee's birthday. Tiffany is an employee of Senator Haywood.

The Senate extended birthday greetings to Ms. Mahaffee.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 28, 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:

HCR 126, In memory of the Honorable Ed Howard.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

GUESTS PRESENTED

Senator Sibley was recognized and introduced to the Senate representatives of the Ranger Historical Preservation Society.

The Senate welcomed its guests.

(President in Chair)

CONCLUSION OF MORNING CALL

The President at 11:00 a.m. announced the conclusion of morning call.

(Senator Truan in Chair)

(President in Chair)

(Senator Sibley in Chair)

(President in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 4 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 4, Relating to public school finance and to public education.

The bill was read second time.

Senator Bivins offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 4 as follows:

(1) Strike SECTION 1 of the bill, amending Section 41.002, Education Code (committee report, page 1, lines 11 through 14).

(2) In SECTION 2 of the bill, in the introductory language (committee report, page 1, line 15), strike "Effective September 1, 2000,".

(3) In SECTION 3 of the bill, in the introductory language (committee report, page 1, line 19), strike "(e)" and substitute "(f)".

(4) In SECTION 3 of the bill, in amended Section 41.002(e), Education Code (committee report, page 1, lines 56 and 57), strike "for the [1997-1998, 1998-1999, and ] 1999-2000 school year [years ]," and substitute "[for the 1997-1998, 1998-1999, and 1999-2000 school years, ]".

(5) In SECTION 3 of the bill, in amended Section 41.002(e), Education Code (committee report, page 2, line 5), strike "This subsection expires September 1, 2000" and substitute "Subsection (c) does not apply to a district to which this subsection applies [This subsection expires September 1, 2000 ]".

(6) In SECTION 3 of the bill, following amended Section 41.002(e), Education Code (committee report, page 2, between lines 5 and 6), insert the following:

(f) For purposes of Subsection (e), a school district's effective tax rate is determined by dividing the total amount of taxes collected by the district for the applicable school year less any amounts paid into a tax increment fund under Chapter 311, Tax Code, by the quotient of the district's taxable value of property, as determined under Subchapter M, Chapter 403, Government Code, divided by 100. [This subsection expires September 1, 2000. ]

(7) Strike SECTION 4 of the bill, amending Section 42.101, Education Code (committee report, page 2, lines 6 through 14).

(8) In SECTION 5 of the bill, in the introductory language, (committee report, page 2, line 15), strike "Effective September 1, 2000,".

(9) In SECTION 11 of the bill, in the introductory language (committee report, page 3, lines 66 and 67), strike "Subsections (a) and (c), Section 42.253, Education Code, are amended" and substitute "Section 42.253, Education Code, is amended by amending Subsections (a) and (c) and adding Subsection (e-1)".

(10) In SECTION 11 of the bill, following amended Section 42.253(c), Education Code (committee report, page 4, between lines 15 and 16), insert the following:

(e-1) For the 1999-2000 and 2000-2001 school years, in accordance with rules adopted by the commissioner, the commissioner shall recompute the limit authorized under Subsection (e) for each school district that receives assistance under Subchapter I based on taxes in connection with which the district formerly received assistance under Subchapter F. A decision of the commissioner under this subsection is final and may not be appealed. This subsection expires September 1, 2001.

(11) In SECTION 12 of the bill, in amended Section 42.302(a), Education Code (committee report, page 4, line 30), strike "$22.50" and substitute "$23.10".

(12) Between SECTIONS 18 and 19 of the bill (committee report, page 8, between lines 15 and 16), insert the following new SECTION, appropriately numbered:

SECTION . Effective September 1, 1999, Section 21.402, Education Code, is amended by adding Subsections (a-1) and (a-2) to read as follows:

(a-1) Notwithstanding Subsection (a), and except as provided by Subsection (e), for the 1999-2000 school year, a school district must pay each classroom teacher or full-time librarian not less than the minimum monthly salary, based on the employee's level of experience, as follows:

Years Experience 0 1 2 3 4

Salary 2,461 2,524 2,581 2,639 2,696

Years Experience 5 6 7 8 9

Salary 2,817 2,938 3,059 3,172 3,278

Years Experience 10 11 12 13 14

Salary 3,379 3,473 3,564 3,649 3,728

Years Experience 15 16 17 18 19

Salary 3,805 3,876 3,944 4,008 4,068

Years Experience 20

Salary 4,126

(a-2) Subsection (a-1) and this subsection expire September 1, 2000.

(13) In SECTION 19 of the bill, in the introductory language (committee report, page 8, line 16), strike "September 1, 1999", and substitute "September 1, 2000".

(14) Between SECTIONS 23 and 24 of the bill (committee report, page 13, between lines 24 and 25), insert the following new SECTION, appropriately numbered:

SECTION . Sections 403.302(h) and (i), Government Code, are amended to read as follows:

(h) For purposes of Section [Sections 41.0011 and ] 42.2511, Education Code, for the 1998 and 1999 [1996 and 1997 ] tax years, the comptroller shall certify to the commissioner of education:

(1) a final value for each school district computed on a residence homestead exemption under Section 1-b(c), Article VIII, Texas Constitution, of $5,000; and

(2) a final value for each school district computed on:

(A) a residence homestead exemption under Section 1-b(c), Article VIII, Texas Constitution, of $15,000; and

(B) the effect of the additional limitation on tax increases under Section 1-b(d), Article VIII, Texas Constitution, as proposed by HJR 4, 75th Legislature, Regular Session, 1997.

(i) Subsection (h) and this subsection expire September 1, 2001 [1999 ].

(15) In SECTION 27 of the bill, in amended Section 824.804(a), Government Code (committee report, page 14, lines 45 and 46), strike "79 percent" and substitute "59 [79 ] percent".

(16) Between SECTIONS 32 and 33 of the bill (committee report, page 15, between lines 55 and 56), insert the following new SECTION, appropriately numbered:

SECTION . (a) For the 1999-2000 and 2000-2001 school years, the commissioner of education shall increase the entitlement under the Foundation School Program of a school district that experiences additional salary cost resulting from the change in the minimum salary schedule under Section 21.402, Education Code, as amended by this Act, that is not offset as specified in Subsection (b) of this section by the increase in the basic allotment under Section 42.101, Education Code, and the guaranteed yield under Section 42.302 as amended by this Act, or the increase in the equalized wealth level under Section 41.002, Education Code, as amended by this Act, for the appropriate school year. For each of those years, the amount of additional salary cost is computed by determining what the district's salary cost would have been if the appropriate minimum salary schedule prescribed by Section 21.402, Education Code, as amended by this Act, had been in effect for the 1998-1999 school year and comparing the difference between that cost and the amount the district was required to pay under the minimum salary schedule that was in effect for the 1998-1999 school year to the additional state funding the district would have received as a result of the appropriate change to the basic allotment if that change had been in effect for the 1998-1999 school year. For this purpose, the commissioner shall use 1998-1999 employment and salary data as reported through the Public Education Information Management Systems (PEIMS).

(b) The commissioner shall increase a school district's entitlement under this section only if:

(1) the school district uses the amount of additional state funds as required by Section 20(b) of this Act to increase the salaries of classroom teachers and full-time librarians; and

(2) that amount does not fully offset the additional salary cost.

(c) A decision by the commissioner under this section is final and nonappealable.

(17) Renumber the SECTIONS of the bill accordingly.

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

Senator Cain offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 4 as follows:

In SECTION 15, Sec. 46.003, Education Code, Subsection (a) (Committee Printing Page 6, Line 36) insert ", but not less than 400" between "district" and ";".

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

Senator Shapleigh offered the following amendment to the bill:

Floor Amendment No. 3

Amend CSSB 4 as follows:

(1) In SECTION 12 of the bill, in amended Section 42.302(a), Education Code (committee report, page 4, line 34), between "C" and the comma, insert the following: "before the commissioner withholds any portion of the allotment under Section 42.152 for distribution or transfer for a specified purpose as prescribed by that section or by the General Appropriations Act".

(2) In SECTION 13 of the bill, in amended Section 42.302(a), Education Code (committee report, page 5, line 11), between "C" and the comma, insert the following: "before the commissioner withholds any portion of the allotment under Section 42.152 for distribution or transfer for a specified purpose as prescribed by that section or by the General Appropriations Act".

(3) In SECTION 20(a) of the bill (committee report, page 9, line 3), between "due to" and "the", insert "the change in the method of computing weighted average daily attendance under Section 42.302, Education Code, as amended by this Act, and".

(4) Between SECTIONS 32 and 33 of the bill (committee report, page 15, between lines 55 and 56), insert the following new SECTION, appropriately numbered, and renumber the subsequent SECTIONS accordingly:

SECTION . If the commissioner of education determines that the change in the method of computing weighted average daily attendance under Section 42.302, Education Code, as amended by this Act, would, for the 1999-2000 and 2000-2001 school years, result in an increase in foundation school fund entitlements to school districts that exceeds $100 million, the commissioner shall reduce the foundation school fund entitlements for the 1999-2000 school year in an amount necessary to fully fund the change in the method of computing weighted average daily attendance for the 2000-2001 school year. In making a reduction under this section, the commissioner shall compute weighted average daily attendance for the 1999-2000 school year by deducting from a school district's allotments under Subchapters B and C, Chapter 42, Education Code, an amount less than the full amount of each portion of the allotment under Section 42.152, Education Code, that is withheld for distribution or transfer for a specified purpose, in a manner designed to ensure that:

(1) the proportional difference in weighted average daily attendance as computed under Section 42.302, Education Code, as amended by this Act, and as computed under this section, is the same for each school district; and

(2) the amount deducted for the 1999-2000 school year under this section will fully fund the change in the method of computing weighted average daily attendance for the 2000-2001 school year.

SHAPLEIGH

LUNA

The amendment was read.

On motion of Senator Bivins, Floor Amendment No. 3 was tabled by the following vote: Yeas 18, Nays 12.

Yeas: Armbrister, Bivins, Brown, Carona, Duncan, Fraser, Harris, Haywood, Jackson, Lindsay, Lucio, Nelson, Nixon, Ogden, Ratliff, Shapiro, Sibley, Wentworth.

Nays: Barrientos, Bernsen, Cain, Ellis, Gallegos, Madla, Moncrief, Shapleigh, Truan, West, Whitmire, Zaffirini.

Absent-excused: Luna.

Senator Nixon offered the following amendment to the bill:

Floor Amendment No. 4

Amend CSSB 4 in SECTION 32(a) of the bill (committee report, page 15, line 53), between "(a)" and "Subsection (c)", by inserting "Subsection (e), Section 42.103,".

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

Senator Bivins offered the following amendment to the bill:

Floor Amendment No. 5

Amend CSSB 4 in SECTION 14 of the bill, in added Section 42.502, Education Code (committee report, page 6, line 17), by striking "$0.06" and substituting "$0.07".

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

Senator Barrientos offered the following amendment to the bill:

Floor Amendment No. 6

Amend CSSB 4, between SECTIONS 32 and 33 of the bill (committee report, page 15, between lines 55 and 56), by inserting the following new SECTION, appropriately numbered, and renumbering the subsequent SECTIONS of the bill accordingly:

SECTION . (a) If, on or after April 27, 1999, the comptroller of public accounts finds that for the fiscal biennium ending August 31, 1999, or the fiscal biennium ending August 31, 2001, the revenue estimated to be available from the undedicated portion of the general revenue fund is greater than the corresponding amount estimated by the comptroller before April 27, 1999, the increase in the estimated revenue shall be used as follows:

(1) not less than 40 percent of the increase in the estimated revenue shall be used for increasing minimum salaries for classroom teachers and full-time librarians in

an amount greater than the increase under Section 21.402, Education Code, as amended by this Act, or under Section 20 of this Act and may be delivered to school districts by increasing:

(A) the basic allotment under Section 42.101, Education Code, as amended by this Act; or

(B) the guaranteed level of state and local funds under Section 42.302, Education Code, as amended by this Act;

(2) not more than 40 percent of the increase in the estimated revenue shall be used for increasing appropriations to institutions of higher education that are made in the manner provided by Section 61.059, Education Code; and

(3) not more than 20 percent of the increase in the estimated revenue shall be used for school ad valorem tax relief or other tax relief as determined by the legislature.

(b) The legislature shall, in HB 1, Acts of the 76th Legislature, Regular Session, 1999, or other appropriate legislation, make appropriations consistent with Subsection (a) of this section.

The amendment was read.

On motion of Senator Ratliff, Floor Amendment No. 6 was tabled by the following vote: Yeas 20, Nays 10.

Yeas: Armbrister, Bivins, Brown, Carona, Duncan, Fraser, Harris, Haywood, Jackson, Lindsay, Lucio, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Sibley, Truan, Wentworth.

Nays: Barrientos, Bernsen, Cain, Ellis, Gallegos, Madla, Shapleigh, West, Whitmire, Zaffirini.

Absent-excused: Luna.

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 7

Amend CSSB 4 by adding a new section to read as follows:

"Amend Section 39.023 Education Code by adding a new Subsection (l) to read as follows:

(l) No corporation, partnership, subsidiary corporation or other legal entity shall be eligible to bid for or enter into a contract or subcontract directly or indirectly with the state for the development of, distribution or grading of any academic skills assessment instruments used as an element of accreditation or any other statewide assessments if such entity also contracts for the sale of textbooks to any school district within the state of Texas."

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

Senator Barrientos offered the following amendment to the bill:

Floor Amendment No. 8

Amend CSSB 4 as follows:

In Section 31, amend Subsection (j) on page 15, by inserting the following after line no. 48 and renumber accordingly:

(2) the tax rate that, applied to the current total value for the district, would impose taxes in an amount that would provide the same amount of funds as the

taxes paid by the district during the 1998-99 school year under 26 U.S.C. Section 3111(a), and its subsequent amendments for employees covered by the Social Security retirement program, limited to those districts that are currently required to participate in the program;

The amendment was read.

On motion of Senator Barrientos and by unanimous consent, Floor Amendment No. 8 was temporarily withdrawn.

Senator Ellis offered the following amendment to the bill:

Floor Amendment No. 9

Amend CSSB 4 by adding a new Section to read as follows:

SECTION . Section 42.155, Education Code, is amended by amending subsection (d) and adding a new subsection (e) to read as follows:

(d) A district or county may apply for and on approval of the commissioner receive an additional amount of up to 10 percent of its regular transportation allotment to be used for the transportation of children living within two miles of the school they attend who would be subject to hazardous [traffic ] conditions if they walked to school. Each board of trustees shall provide to the commissioner the definition of hazardous conditions applicable to that district and shall identify the specific hazardous areas for which the allocation is requested. A hazardous condition exists where no safe walkway is provided or where [and ] children must walk along or cross a freeway or expressway, an underpass, an overpass or a bridge, an uncontrolled major traffic artery, an industrial or commercial area, a deserted area, or an area where the crime rate is high, or another comparable condition.

(e) A district or county may not receive an allotment for transportation of children under subsection (d) who must walk along or cross a deserted area or an area where the crime rate is high, that exceeds 2 percent of its regular transportation allotment.

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

Floor Amendment No. 10 was not offered.

Senator Lucio offered the following amendment to the bill:

Floor Amendment No. 11

Amend CSSB 4 as follows:

On page 16, line 22, add new Section 35 to read as follows:

The commissioner shall study the effects of a law prohibiting a school district from beginning instruction for students for a school year before September 1. The commissioner shall include in the study the effects such a law would have on students, parents, school personnel, school districts, local economies, and the state economy. The commissioner shall report the results of the study to the legislature not later than January 31, 2001. This section expires February 1, 2001.

LUCIO

JACKSON

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

Senator Nixon offered the following amendment to the bill:

Floor Amendment No. 12

Amend CSSB 4 by inserting the following new SECTION, appropriately numbered, and renumbering the subsequent SECTIONS:

SECTION ____. (a) For the 1999-2000 and 2000-2001 school years, for a school district that is required under Chapter 41, Education Code, to take action to reduce its wealth per student, the commissioner of education shall reduce the total cost of attendance credits under Section 41.093, Education Code, if the district increases the salaries of the district's classroom teachers and full-time librarians in an amount not greater than the change in the minimum salary schedule under Section 21.402, Education Code, as amended by this Act, over the previous minimum salary schedule and the increase is not offset as specified in Subsection (b) of this section by the increase in the basic allotment under Section 42.101, Education Code, as amended by this Act, or the increase in the equalized wealth level under Section 41.002, Education Code, as amended by this Act. For each of those years, the amount of additional salary cost is computed by determining what the district's salary cost would have been if the appropriate minimum salary schedule prescribed by Section 21.402, Education Code, as amended by this Act, had been in effect for the 1998-1999 school year and comparing the difference between that cost and the amount the district was required to pay under the minimum salary schedule that was in effect for the 1998-1999 school year to the additional state funding the district would have received as a result of the changes to the basic allotment and equalized wealth level if those changes had been in effect for the 1998-1999 school year. For this purpose, the commissioner shall use 1998-1999 employment and salary data as reported through the Public Education Information Management Systems (PEIMS).

(b) The commissioner shall reduce a school district's total cost of attendance credits under this section only if:

(1) the school district uses the amount of additional state funds as required by Section 20(b) of this Act to increase the salaries of classroom teachers and full-time librarians; and

(2) that amount does not fully offset the additional salary cost.

(c) A decision by the commissioner under this section is final and nonappealable.

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

VOTE RECONSIDERED

On motion of Senator Sibley and by unanimous consent, the vote by which Floor Amendment No. 12 was adopted was reconsidered.

Question-Shall Floor Amendment No. 12 be adopted?

The amendment failed of adoption by the following vote: Yeas 9, Nays 20, Present-not voting 1.

Yeas: Barrientos, Bernsen, Fraser, Gallegos, Jackson, Nelson, Nixon, Ogden, Shapiro.

Nays: Bivins, Brown, Cain, Carona, Duncan, Ellis, Harris, Haywood, Lindsay, Lucio, Madla, Moncrief, Ratliff, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire, Zaffirini.

Present-not voting: Armbrister.

Absent-excused: Luna.

Senator Duncan offered the following amendment to the bill:

Floor Amendment No. 13

1. Amend SECTION 10 of CSSB 4 as follows:

(a) In page 3, lines 57 and 58, strike "exceeding four percent".

(b) Add to subsection 42.2521(c) at page 3, line 65, the following:

The commissioner shall first apply available funds to the purposes of subsection (a) and then to subsection (b). Adjustment under subsection (b) is contingent upon a determination by the Commissioner that sufficient funds are available for purposes of subsection (a) for both years of the current state fiscal biennium.

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

Senator Barrientos again offered the following amendment to the bill:

Floor Amendment No. 8

Amend CSSB 4 as follows:

In Section 31, amend Subsection (j) on page 15, by inserting the following after line no. 48 and renumber accordingly:

(2) the tax rate that, applied to the current total value for the district, would impose taxes in an amount that would provide the same amount of funds as the taxes paid by the district during the 1998-99 school year under 26 U.S.C. Section 3111(a), and its subsequent amendments for employees covered by the Social Security retirement program, limited to those districts that are currently required to participate in the program;

The amendment was again 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 VOTE

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

COMMITTEE SUBSTITUTE

SENATE BILL 4 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 4 be placed on its third reading and final passage.

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

Yeas: Armbrister, Bernsen, Bivins, Brown, 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: Barrientos, Wentworth.

Absent-excused: Luna.

CSSB 4 was read third time and was passed by a viva voce vote.

RECORD OF VOTE

Senator Barrientos asked to be recorded as voting "Nay" on the final passage of the bill.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 28, 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:

HCR 250, Honoring Lucille Presswood and Carter Metropolitan CME Church's Stewardship Committee.

HCR 251, Recognizing June 1-7, 1999, as National Drug Court Week.

SB 555, Relating to the award of state highway improvement contracts.

SB 648, Relating to the specification of venue for actions arising from certain major transactions.

SB 787, Relating to the administrative adjudication of parking offenses at certain airports operated jointly by two municipalities.

(Amended)

SB 950, Relating to submetered and nonsubmetered water utility service provided to residents of apartment houses and manufactured home rental communities.

SB 1055, Relating to the regulation and operation of credit unions.

SCR 70, Declaring April 28, 1999, as Wood County Day.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

BILLS AND RESOLUTIONS SIGNED

The President announced the signing of the following enrolled bills and resolutions in the presence of the Senate after the captions had been read:

SB 43, SB 70, SB 118, SB 136, SB 158, SB 160, SB 163, SB 181, SB 283, SB 284, SB 397, SB 454, SB 455, SB 533, SB 612, SB 660, SB 952, SB 968, SB 991, SB 1368, SCR 67, HB 115, HB 778, HB 986, HB 1136, HB 1142, HB 1605, HB 1848, HCR 59, HCR 88, HCR 175, HCR 176, HCR 177, HCR 205.

COMMITTEE SUBSTITUTE

SENATE BILL 1525 ON SECOND READING

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

CSSB 1525, Relating to the practice of dietetics.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1525 ON THIRD READING

Senator Madla moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1525 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 1525 was read third time and was passed by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE JOINT RESOLUTION 35 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:

CSSJR 35, Proposing a constitutional amendment providing for the issuance of bonds to augment funds for low and very low income housing.

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

RECORD OF VOTE

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

COMMITTEE SUBSTITUTE

SENATE JOINT RESOLUTION 35 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 CSSJR 35 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, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, West, Whitmire, Zaffirini.

Nays: Nelson, Wentworth.

Absent-excused: Luna.

CSSJR 35 was read third time and was passed by the following vote: Yeas 29, Nays 1.

Nays: Nelson.

Absent-excused: Luna.

COMMITTEE SUBSTITUTE

SENATE BILL 1622 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 1622, Relating to the housing trust fund.

The bill was read second time.

Senator Ratliff offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1622, adding an appropriately numbered SECTION to read as follows:

"SECTION . This Act takes effect only if a specific appropriation for the implementation of this Act is provided in HB 1 (General Appropriations Act), Acts of the 76th Legislature, Regular Session, 1999. If no specific appropriation is provided in HB 1, the General Appropriations Act, this Act has no effect."

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

On motion of Senator Lucio 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 VOTE

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

COMMITTEE SUBSTITUTE

SENATE BILL 1622 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 1622 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, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, West, Whitmire, Zaffirini.

Nays: Nelson, Wentworth.

Absent-excused: Luna.

CSSB 1622 was read third time and was passed by a viva voce vote.

RECORD OF VOTE

Senator Nelson asked to be recorded as voting "Nay" on the final passage of the bill.

(Senator Brown in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 1690 ON SECOND READING

On motion of Senator Bernsen 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 1690, Relating to coastal erosion.

The bill was read second time.

Senator Ratliff offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1690, adding an appropriately numbered SECTION to read as follows:

"SECTION . This Act takes effect only if a specific appropriation for the implementation of this Act is provided in HB 1 (General Appropriations Act), Acts of the 76th Legislature, Regular Session, 1999. If no specific appropriation is provided in HB 1, the General Appropriations Act, this Act has no effect."

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

On motion of Senator Bernsen 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 1690 ON THIRD READING

Senator Bernsen moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1690 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 1690 was read third time and was passed by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 341 ON SECOND READING

On motion of Senator Ogden 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 341, Relating to taxing the sale, use, or consumption of Internet access service.

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

COMMITTEE SUBSTITUTE

SENATE BILL 341 ON THIRD READING

Senator Ogden moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 341 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 341 was read third time and was passed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

COMMITTEE SUBSTITUTE

SENATE BILL 1226 ON SECOND READING

On motion of Senator Shapiro 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 1226, Relating to the deferred retirement option plan in the Teacher Retirement System of Texas.

The bill was read second time.

Senator Shapiro offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1226, in SECTION 3 of the bill, in Section 824.804, Government Code (committee report printing page 2), by striking subsection (d) and inserting: "Notwithstanding any other provisions to the contrary, a person who has filed an election to participate in the deferred retirement option plan in accordance with Subchapter 1, Chapter 824, Government Code, on or before August 31, 1999, shall be entitled, after September 1, 1999 and for the remainder of the member's period of participation in the deferred retirement option plan, to receive monthly transfers to the member's deferred retirement option account in the amount equal to 79 percent of the amount the member would receive that month under a standard service retirement annuity if the member had retired the preceding month.

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

On motion of Senator Shapiro 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 1226 ON THIRD READING

Senator Shapiro moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1226 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 1226 was read third time and was passed by a viva voce vote.

SENATE BILL 1567 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 1567, Relating to fees charged for misdemeanor traffic violations disposed by driving safety courses.

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

SENATE BILL 1567 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 1567 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 1567 was read third time and was passed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

COMMITTEE SUBSTITUTE

SENATE BILL 1851 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 1851, Relating to public access to governmental information and decisions, including revisions to the public information law.

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

COMMITTEE SUBSTITUTE

SENATE BILL 708 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 708, Relating to the implementation and financing of approved management plans for designated estuaries of national significance in the state.

The bill was read second time.

(President in Chair)

Senator Ratliff offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 708, adding an appropriately numbered SECTION to read as follows:

"SECTION . This Act takes effect only if a specific appropriation for the implementation of this Act is provided in HB 1 (General Appropriations Act), Acts of the 76th Legislature, Regular Session, 1999. If no specific appropriation is provided in HB 1, the General Appropriations Act, this Act has no effect."

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

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

The bill as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 708 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 708 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 708 was read third time and was passed by a viva voce vote.

SENATE BILL 1204 ON SECOND READING

On motion of Senator Cain 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 1204, Relating to the elements of and damages for trespass relating to billboards or other outdoor advertising.

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

SENATE BILL 1204 ON THIRD READING

Senator Cain moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1204 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 1204 was read third time and was passed by a viva voce vote.

SENATE BILL 1344 ON SECOND READING

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

SB 1344, Relating to the liability of an officer of a nonprofit corporation.

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

SENATE BILL 1344 ON THIRD READING

Senator Brown moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1344 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 1344 was read third time and was passed by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 526 ON SECOND READING

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

CSSB 526, Relating to providing tuition payment assistance to certain members of the state military forces attending public or private institutions of higher education.

The bill was read second time.

Senator Ratliff offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 526, adding an appropriately numbered SECTION to read as follows:

"SECTION . This Act takes effect only if a specific appropriation for the implementation of this Act is provided in HB 1 (General Appropriations Act), Acts of the 76th Legislature, Regular Session, 1999. If no specific appropriation is provided in HB 1, the General Appropriations Act, this Act has no effect."

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

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

The bill as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 526 ON THIRD READING

Senator Truan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 526 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 526 was read third time and was passed by a viva voce vote.

GUEST PRESENTED

The President introduced to the Senate former Lieutenant Governor and former Governor of the State of Texas, Preston E. Smith of Lubbock.

The Senate welcomed Governor Smith.

SENATE CONCURRENT RESOLUTION 40

ON SECOND READING

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

SCR 40, Requesting the lieutenant governor and speaker to initiate joint sessions with legislators of bordering Mexican states to establish communications on issues pertinent to the region.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1774 ON SECOND READING

On motion of Senator Zaffirini 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 1774, Relating to the suspension of a person's driver's license following the person's arrest for certain intoxication offenses and to certain procedures related to that suspension.

The bill was read second time.

Senator Zaffirini offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1774, in SECTION 11 of the bill, in proposed Section 521.251(e), Transportation Code (Committee Printing, page 5, line 3), by striking "$250" and substituting "$125".

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

Senator Lucio offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 1774, in SECTION 6 of the bill, by striking Subsection (a) of Section 724.015, Transportation Code (committee printing, page 2, line 41, through page 3, line 29), and substituting the following:

(a) Before requesting a person to submit to the taking of a specimen, the officer shall inform the person orally and in writing that:

(1) if the person refuses to submit to the taking of the specimen, that refusal may be admissible in a subsequent prosecution and may result in the immediate confiscation of the persons' license and may result in the suspension of the person's license for one year; and

(2) if the person submits to the taking of the specimen and an analysis of the specimen shows that the person had an alcohol concentration of a level specified by Chapter 49, Penal Code, the persons' license may be immediately confiscated and the person's license may be suspended for 60 days[;

[(2) if the person refuses to submit to the taking of the specimen, the person's license to operate a motor vehicle will be automatically suspended, whether or not the person is subsequently prosecuted as a result of the arrest, for:

[(A) not less than 90 days if the person is 21 years of age or older; or

[(B) not less than 120 days if the person is younger than 21 years of age;

[(3) if the person is 21 years of age or older and submits to the taking of a specimen designated by the officer and an analysis of the specimen shows the person had an alcohol concentration of a level specified by Chapter 49, Penal Code, the person's license to operate a motor vehicle will be automatically suspended for not less than 60 days, whether or not the person is subsequently prosecuted as a result of the arrest;

[(4) if the person is younger than 21 years of age and has any detectable amount of alcohol in the person's system, the person's license to operate a motor vehicle will be automatically suspended for not less than 60 days even if the person submits to the taking of the specimen, but that if the person submits to the taking of the specimen and an analysis of the specimen shows that the person had an alcohol concentration less than the level specified by Chapter 49, Penal Code, the person may be subject to criminal penalties less severe than those provided under that chapter;

[(5) if the officer determines that the person is a resident without a license to operate a motor vehicle in this state, the department will deny to the person the issuance of a license, whether or not the person is subsequently prosecuted as a result of the arrest, under the same conditions and for the same periods that would have applied to a revocation of the person's driver's license if the person had held a driver's license issued by this state; and

[(6) the person has a right to a hearing on the suspension or denial if, not later than the 15th day after the date on which the person receives the notice of suspension or denial or on which the person is considered to have received the notice by mail as provided by law, the department receives, at its headquarters in Austin, a written demand, including a facsimile transmission, or a request in another form prescribed by the department for the hearing ].

The amendment was read.

Senator Lucio offered the following amendment to Floor Amendment No. 2:

Floor Amendment No. 3

Amend Floor Amendment No. 2 to CSSB 1774 as follows:

(1) On page 1 of the amendment, at the end of amended Section 724.015(a)(1), Transportation Code, strike "and".

(2) On page 1 of the amendment, at the end of proposed Section 724.015(a)(2), Transportation Code, strike "[; " and substitute "; and".

(3) Strike page 2 of the amendment, and substitute:

years of age or older; or

[(B) not less than 120 days if the person is younger than 21 years of age;

(3) if the person is 21 years of age or older and submits to the taking of a specimen designated by the officer and an analysis of the specimen shows the person had an alcohol concentration of a level specified by Chapter 49, Penal Code, the person's license to operate a motor vehicle will be automatically suspended for not less than 60 days, whether or not the person is subsequently prosecuted as a result of the arrest;

[(4)] if the person is younger than 21 years of age and has any detectable amount of alcohol in the person's system, the officer is required to take possession of the person's license to operate a motor vehicle and the person's license to operate a motor vehicle will be automatically suspended for not less than 60 days even if the person submits to the taking of the specimen[, but that if the person submits to the taking of the specimen and an analysis of the specimen shows that the person had an alcohol concentration less than the level specified by Chapter 49, Penal Code, the person may be subject to criminal penalties less severe than those provided under that chapter;

[(5) if the officer determines that the person is a resident without a license to operate a motor vehicle in this state, the department will deny to the person the issuance of a license, whether or not the person is subsequently prosecuted as a result of the arrest, under the same conditions and for the same periods that would have applied to a revocation of the person's driver's license if the person had held a driver's

The amendment to Floor Amendment No. 2 was read and was adopted by a viva voce vote.

Question recurring on the adoption of Floor Amendment No. 2 as amended, the amendment as amended was adopted by a viva voce vote.

On motion of Senator Zaffirini 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 1774 ON THIRD READING

Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1774 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 1774 was read third time and was passed by a viva voce vote.

SENATE RULE 2.02 SUSPENDED

(Restrictions on Admission)

On motion of Senator Harris and by unanimous consent, Senate Rule 2.02 was suspended to grant a member of his staff permission to be seated at his desk during the deliberation of CSSB 1468.

COMMITTEE SUBSTITUTE

SENATE BILL 1468 ON SECOND READING

On motion of Senator Harris 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 1468, Relating to the regulation of physician collective negotiation.

The bill was read second time.

Senator Harris offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1468 as follows:

On page 4, line 27, insert the following after "cessation" and before "of": ", reduction, or limitation".

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

Senator Harris offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 1468 as follows:

On page 4, line 14, insert the following after the period:

"The collective negotiation shall represent no more than 10 percent of the licensed physicians in a defined geographic area. Either the health benefit plan or the physicians' representative shall have the right to appeal the percentage, and if conditions support such a change, a higher or lower percentage can be authorized by the Attorney General."

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

Senator Harris offered the following amendment to the bill:

Floor Amendment No. 3

Amend CSSB 1468 as follows:

On page 2, line 64 strike Subsection (a) in its entirety and substitute the new Subsection (a):

(a) Competing physicians within the service area of a health benefit plan may collectively negotiate the terms and conditions specified in Article 29.05 of this code where the health benefit plan has substantial market power. The attorney general shall make the determination of what constitutes substantial market power.

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

Senator Harris offered the following amendment to the bill:

Floor Amendment No. 4

Amend CSSB 1468 as follows:

On page 2, line 17, insert the following new Subsection (5):

(5) a "group model health maintenance organization" that is a state-certified health maintenance organization that provides the majority of its professional services through a single group medical practice which educates medical students or resident physicians through a contract with the medical school component of a Texas state-supported college or university accredited by the Accrediting Council on Graduate Medical Education or the American Osteopathic Association;

Renumber subsequent subsections accordingly.

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

Senator Harris offered the following amendment to the bill:

Floor Amendment No. 5

Amend CSSB 1468 as follows:

(1) Throughout the body of the bill, strike "collective" and substitute "joint".

(2) Throughout the body of the bill, strike "collectively" and substitute "jointly".

The 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.

The bill as amended was passed to engrossment by a viva voce vote.

RECORD OF VOTE

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

COMMITTEE SUBSTITUTE

SENATE BILL 1468 ON THIRD READING

Senator Harris moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1468 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, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, West, Whitmire, Zaffirini.

Nays: Moncrief, Wentworth.

Absent-excused: Luna.

CSSB 1468 was read third time and was passed by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 1572 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 1572, Relating to the compulsory school attendance laws and responsibility for compliance with those laws; providing penalties.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1572 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 1572 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 1572 was read third time and was passed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

SENATE BILL 977 ON SECOND READING

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

SB 977, Relating to exemptions from ad valorem and sales and use taxation of certain timber and certain items used in timber operations and the valuation of certain timber land for ad valorem tax purposes.

The bill was read second time.

Senator Ratliff offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend SB 977 as follows:

(1) Strike SECTION 14 of the bill (Introduced version, page 19, line 4 through page 22, line 17) and substitute the following:

SECTION 14. Subchapter H, Chapter 151, Tax Code, is amended by adding Section 151.3162 to read as follows:

Sec. 151.3162. TIMBER ITEMS. (a) In this section, "original producer" means a person who:

(1) harvests timber that the person owns and continues to own until the timber is processed, packed, or marketed; or

(2) grows timber, exercises predominant operational control over the growth of the timber, and bears the risk of loss of investment in the timber.

(b) The following items are exempted from the tax imposed by this chapter:

(1) seedlings of trees commonly grown for commercial timber;

(2) defoliants, desiccants, equipment, fertilizers, fungicides, herbicides, insecticides, and machinery exclusively used in the production of timber to be sold in the regular course of business;

(3) machinery and equipment used in, and pollution control equipment required as a result of, the processing, packing, or marketing of timber products by an original producer if:

(A) the processing, packing, or marketing occurs at or from a location operated by the original producer;

(B) at least 50 percent of the value of the timber products processed, packed, or marketed at or from the location is attributable to products produced by the original producer and not purchased or acquired from others; and

(C) the original producer does not process, pack, or market for consideration timber products that belong to another person with a value greater than five percent of the total value of the timber products processed, packed, or marketed by the producer; and

(4) tangible personal property sold or used to be installed as a component of an underground irrigation system exclusively used in the production of timber to be sold in the regular course of business.

(c) Two or more corporations that operate timber activities on the same or adjacent tracts of land and that are entirely owned by the same individual or a combination of the individual and the individual's spouse or children are considered to be a single original producer for the purposes of Subsection (b)(3).

(d) The exemption provided by Subsection (b) takes effect January 1, 2008. Until that date, a person is entitled to a credit or refund of a portion of the taxes paid under this chapter on an item that after January 1, 2008, will be exempted from the taxes imposed by this chapter under Subsection (b). The amount of the credit or refund is determined as follows:

(1) for an item for which the taxable event occurs on or after October 1, 2001, and before January 1, 2004, the taxpayer is entitled to a refund or credit in an amount equal to 33 percent of the tax paid on the item;

(2) for an item for which the taxable event occurs on or after January 1, 2004, and before January 1, 2006, the taxpayer is entitled to a refund or credit in an amount equal to 50 percent of the tax paid on the item; and

(3) for an item for which the taxable event occurs on or after January 1, 2006, and before January 1, 2008, the taxpayer is entitled to a refund or credit in an amount equal to 75 percent of the tax paid on the item.

(e) A taxpayer entitled to a credit or refund under Subsection (d) may elect to receive either a credit or a refund. A taxpayer who elects to receive a credit must claim the credit on the return for a period that ends not later than the first anniversary of the date on which the taxable event occurred. A taxpayer who elects to receive a refund must apply to the comptroller for the refund before or during the calendar year following the year in which the tax on the item was paid.

(2) Strike SECTION 18(c) of the bill (Introduced version, page 25, lines 20-22) and substitute the following:

(c) The following sections of this Act take effect October 1, 2001:

(1) Sections 13, 15, and 16 of this Act, amending Sections 151.3111(b), 151.317(c)(2), and 152.091, Tax Code;

(2) Section 14 of this Act, adding Section 151.3162, Tax Code; and

(3) Section 17 of this Act, repealing Section 151.3161, Tax Code.

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

RECORD OF VOTE

Senator Sibley asked to be recorded as "Present-not voting" on the adoption of Committee Amendment No. 1.

On motion of Senator Ratliff 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 VOTE

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

SENATE BILL 977 ON THIRD READING

Senator Ratliff moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 977 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, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Truan, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Sibley.

Absent-excused: Luna.

SB 977 was read third time and was passed by a viva voce vote.

RECORD OF VOTE

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

COMMITTEE SUBSTITUTE

SENATE BILL 1507 ON SECOND READING

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

CSSB 1507, Relating to the evaluation by the Texas Workforce Commission of federal trade adjustment programs designed to assist certain persons in obtaining employment.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1507 ON THIRD READING

Senator Truan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1507 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 1507 was read third time and was passed by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 1128 ON SECOND READING

On motion of Senator Armbrister 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 1128, Relating to systems and programs administered by the Teacher Retirement System of Texas.

The bill was read second time.

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1128 as follows:

In subsection (b), Section 2, proposed Article 3.50-4A, SECTION 24, strike "health". (page 16, line 9-5)

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

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 1128, page 8, line 5-5, SECTION 12, by deleting "61" and replacing it with "59".

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

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 3

Amend CSSB 1128 in SECTION 26 of the bill, amended Section 22.004(c), Education Code (committee printing, page 19), by striking "preceding" and substituting "current".

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

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 4

Amend CSSB 1128 as follows:

(1) In subsection (a), proposed Chapter 618, SECTION 27 between "provide" and "investment", insert "annuities or other". (page 18, line 10-4)

(2) In subsection (a), Section 618.004, proposed Chapter 618, SECTION 27, between "of" and "investment", insert "annuities or other". (page 18, line 10-6)

(3) In subsection (b), Section 618.005, proposed Chapter 618, SECTION 27 between "of" and "investment", insert "annuities or other". (page 18, line 10-12)

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

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 5

Amend CSSB 1128 by adding Subsection (C) to Section 618.005, page 19, Senate Committee Report:

Persons employed by an institution of higher education offering annuities or other investments authorized by Section 403(b) of the Internal Revenue Code of 1986 are not eligible to participate in this plan.

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

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 6

Amend CSSB 1128 as follows:

(1) Insert an appropriately numbered section to read as follows:

SECTION . Section 824.805, Government Code, is amended to read as follows:

Sec. 824.805. TERMINATION OF PARTICIPATION IN PLAN. (a) Except as provided by Subsection (b), a [A ] member terminates participation in the plan by:

(1) retirement;

(2) death; or

(3) expiration of the period for which participation was approved.

(b) A member participating in the plan on September 1, 1999, may, before September 1, 2000, elect to discontinue participation in the plan on a form prescribed by and filed with the retirement system. The retirement system shall make account transfers and change records for a member who elects under this subsection to discontinue participation in the plan as if the member had never participated in the plan.

(2) In SECTION 24 of the bill, added Section 2, Article 3.50-4A, Insurance Code, strike Subsection (d) (committee printing, page 9, lines 13-14) and substitute the following:

(d) In contracting for any benefits under this article, competitive bidding shall be required under rules adopted by the trustee. The rules may provide criteria to determine qualified carriers. The trustee is not required to select the lowest bid but also may consider ability to service contracts, past experiences, financial stability, and other relevant criteria. If the trustee awards a contract to an entity whose bid deviates from that advertised, the deviation shall be recorded and the reasons for the deviation shall be fully justified in the minutes of the next meeting of the trustee.

(3) In SECTION 24 of the bill, added Section 5, Article 3.50-4A, Insurance Code, strike Subsection (a) (committee printing, page 9, lines 41-46) and substitute the following:

(a) The school district employees and retirees optional insurance trust fund is created as a trust fund with the comptroller and shall be administered by the trustee on behalf of the participants in the plans of insurance coverage provided under this article.

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

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 7

Amend CSSB 1128 as follows: Strike SECTION 8 of the bill.

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

On motion of Senator Armbrister 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 1128 ON THIRD READING

Senator Armbrister moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1128 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 1128 was read third time and was passed by a viva voce vote.

GUESTS PRESENTED

Senator Armbrister was recognized and introduced to the Senate a delegation of retired teachers.

The Senate welcomed its guests.

HOUSE BILL 836 REREFERRED

Senator Zaffirini submitted a Motion In Writing requesting that HB 836 be withdrawn from the Committee on State Affairs and rereferred to the Committee on Human Services.

The Motion In Writing prevailed without objection.

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 the following bills today: HB 152, HB 234.

SENATE RULE 11.10 SUSPENDED

(Posting Rule)

On motion of Senator Sibley and by unanimous consent, Senate Rule 11.10 was suspended in order that the Committee on Economic Development might meet today.

MOTION TO ADJOURN

On motion of Senator Truan and by unanimous consent, the Senate at 4:10 p.m. agreed to adjourn, upon conclusion of the Local and Uncontested Calendar Session, in memory of Suzie Pena Sutherland of Austin and the Honorable Ed Howard of Texarkana, until 10:00 a.m. tomorrow.

MEMORIAL RESOLUTIONS

SR 767 - by Ellis: In memory of Deacon Charlie O'Neil McDonald of Cedar Creek.

SR 768 - by Luna: In memory of Adolph C. Herrera of Bexar County.

HCR 123 - (Brown): In memory of Ryan Lee "Smiley" Riddle.

CONGRATULATORY RESOLUTIONS

SR 764 - by Madla: Congratulating H. Clay "Sonny" and Elizabeth Ann Reeves Warnock of Fort Stockton.

SR 766 - by Ellis: Congratulating Franklin D. Raines.

SR 769 - by Luna: Congratulating Matthew Gregory Boothe of San Antonio.

SR 770 - by Luna: Congratulating Derrick Merrill Boothe of San Antonio.

SR 772 - by Carona: Congratulating Ellen Elizabeth Fair and Charles Toliver Terrell, Jr.

SR 773 - by Wentworth: Congratulating the Eagle Scouts of Boy Scout Troop 454.

MISCELLANEOUS RESOLUTION

SR 771 - by Carona: Recognizing May 2-8, 1999, as Brain Tumor Awareness Week.

RECESS

On motion of Senator Truan, the Senate at 4:10 p.m. recessed until 8:30 a.m. tomorrow for the Local and Uncontested Calendar Session.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

April 28, 1999

JURISPRUDENCE - CSSB 886, CSSB 1816, CSSB 975, HB 1174 (Amended), CSHB 1254, CSHB 869, HB 1373 (Amended)

STATE AFFAIRS - SB 1313, SB 1834

HUMAN SERVICES - SB 1259

HEALTH SERVICES - SB 1331, SB 1347, HB 1987, HB 1643, HB 1401, HB 573

ECONOMIC DEVELOPMENT - CSSB 215, HB 2008, CSSB 1030, CSSB 1029, CSSB 976

JURISPRUDENCE - CSSB 1781, CSSB 1711, CSSB 799, CSSB 1742

In Memory

of

Suzie Pena Sutherland

Senator Barrientos offered the following resolution:

(Senate Resolution 110)

WHEREAS, The Senate of the State of Texas joins with the citizens of Austin in mourning the loss of Suzie Pena Sutherland, who died suddenly on October 29, l998, at the age of 65; and

WHEREAS, The Public Utility Commission lost a dear friend; for the past 15 years, Suzie served the commission as an administrative assistant, office manager, organizer, and "general mom"; and

WHEREAS, Suzie Sutherland left a legacy of strict work ethics, mixed with care and support for her coworkers, emphasizing teamwork, having pride in your work and yourself, never burning any bridges, and never expecting anything from others that you do not expect from yourself; and

WHEREAS, When the new Office of Customer Protection was created in the Public Utility Commission, Suzie assumed office management responsibilities for the expanded division, and recently in recognition of her outstanding public service, a conference room was named the "Suzie Sutherland Hospitality Conference Room" in her memory; and

WHEREAS, A woman of integrity, strength, and generosity, she gave unselfishly of her time to others, and her wisdom, warmth, and valued counsel will not be forgotten by those who knew her; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby extend sincere condolences to the bereaved family of Suzie Sutherland: her sons, John, Jay, and Glenn Sutherland; and her six grandchildren; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the members of her family as an expression of deepest sympathy from the Texas Senate, and that when the Senate adjourns this day, it do so in memory of Suzie Pena Sutherland.

The resolution was again read.

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

The resolution was previously adopted on Monday, February 1, 1999.

Senator Barrientos was recognized and introduced to the Senate family members of Suzie Pena Sutherland: her son, Jay Sutherland, his wife, Patsy, and their two children, Alexandria and Tony, accompanied by aunts and uncles, co-workers, former Public Utility Commissioner Marta A. Greytok, and friends.

The Senate welcomed the family members and friends of Suzie Pena Sutherland and extended its condolences.

In Memory

of

Ed Howard

Senator Ratliff offered the following resolution:

(House Concurrent Resolution 126)

WHEREAS, The 76th Legislature of the State of Texas joins the citizens of the City of Austin, Bowie County, and the entire State of Texas in mourning the loss of one of the most respected members of the Texas Legislature, Ed Howard, who died on July 2, 1998; and

WHEREAS, Born in Hot Springs, Arkansas, on April 13, 1937, the son of Ruth and V. E. Howard, Ed Howard was known throughout his life as a man of the most unimpeachable honor; and

WHEREAS, Ed Howard's interest in politics was sparked when he was a student at Greenville High School, where he was a student government leader and a star basketball player; he was also involved in student government and basketball while attending Abilene Christian University; and

WHEREAS, After graduating with a business degree in 1959, he studied municipal administration at Texas Southern University; and

WHEREAS, Shortly after his marriage to Jo Ann Jay in 1960, the young couple moved to Texarkana to join the family business, Howard Discount Stores; however, the call of public service was strong, and in 1968 Ed Howard was elected to the House of Representatives for the 61st Legislature, representing the citizens of Bowie County; and

WHEREAS, During his freshman term, Representative Howard served on the Committee on Elections, the Committee on Governmental Affairs and Efficiency, the Committee on Oil, Gas, and Mining, and the Committee on Youth, and he quickly impressed his colleagues with his hard work, his incisive mind, and his attention to detail; and

WHEREAS, During his tenure in the Texas House in the 62nd and 63rd legislatures, Ed Howard gained positions of increasing responsibility and importance, serving on the Revenue and Taxation Committee during the 63rd Legislature; and

WHEREAS, Throughout his tenure in the Texas House, Ed passed numerous bills concerning developmental planning processes, highways, and schools, and he was instrumental in establishing the Northeast Texas Restitution Center in Bowie County; and

WHEREAS, When Ed Howard was elected to the Texas Senate to represent the 15-county District One for the 66th Legislature, he was the district's first new senator in more than 40 years, replacing his political mentor and the retiring Dean of the Senate, A. M. Aikin, Jr., of Paris; Senator Howard soon proved to the citizens of the district that he was a worthy successor to Senator Aikin; and

WHEREAS, A team player and a loyal ally of Lieutenant Governor Bill Hobby, Ed Howard was a tireless worker during Senate deliberations, and his work as chairman of the Sunset Advisory Commission, chairman of the Senate Nominations committee, and vice chairman of the Finance Committee was invaluable; appointed to the Legislative Budget Board in 1985, he also served twice as delegate to the Southern Regional Education Board; and

WHEREAS, Twice recognized by Texas Monthly as an outstanding senator, Ed Howard was cited by Texas Business magazine as one of the "Ten Best Legislators" during the 67th Legislature and also the hardest-working member of the Senate; and

WHEREAS, After announcing his impending resignation from the Texas Senate in April, 1985, he pointed with justifiable pride to his work on behalf of health insurance for retired teachers, the creation of the World Trade Council, and the establishment of restitution centers for nonviolent criminals; and

WHEREAS, Chosen president pro tempore ad interim of the Senate on September 4, 1986, for the 2nd Called Session of the 69th Legislature, Ed Howard was praised as the "conscience of the Senate"; and

WHEREAS, After leaving the Senate he associated with Clark, Thomas, Winters and Newton and later formed Ed Howard and Associates, where he continued to be known for his integrity and probity; and

WHEREAS, A faithful member of the Church of Christ, Ed Howard lived his Christian beliefs in thought, word, and action; and

WHEREAS, He had a strong and enduring commitment and an unshakeable bond with his beloved wife, Jo Ann, and together they created a warm and nurturing environment for their four children; it was in his role as husband and father that the star of this widely respected and admired man shone most brightly, and it is in that role that he will be most deeply missed; now, therefore, be it

RESOLVED, That the 76th Legislature of the State of Texas hereby extend sincere condolences to the members of the family of Ed Howard: his wife, Jo Ann; his children, Eric, Jay, Lee, and Katie; his grandchildren, Haley and Laney; and his parents, V. E. and Ruth Howard; and, be it further

RESOLVED, That a copy of this resolution be prepared for the members of his family as an expression of deepest sympathy from the Texas Legislature, and that when the legislature adjourns this day, it do so in memory of Ed Howard.

The resolution was read.

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

On motion of Senator Ratliff and by unanimous consent, the resolution was considered immediately and was adopted by a rising vote of the Senate.

On motion of Sentor Harris and by unanimous consent, the following remarks were ordered reduced to writing and printed in the Senate Journal:

Senator Ratliff: Mr. President, Members, many of you, if not most of you, served in this body with Ed Howard, either in the House or on this floor. I want to relate to you that when I was elected to the Senate, 1st District, I took that office with some trepidation, because I was trying to fill the shoes of A. M. Aikin and Ed Howard, and I considered that to be a very big set of shoes. Ed Howard served this body and over in the House with true distinction. He was one of the good guys. It always amazes me, today as I travel around the 1st District, Ed Howard was not just admired and respected, he was loved by the people of Northeast Texas. I was always honored that, once he left this body and came to Austin, as a matter of fact, he always referred to me as his Senator, because he was still, in his heart, he was still a citizen of Texarkana, Texas, Bowie County. I couldn't think of any higher honor than to be considered Ed Howard's Senator. We have his family here today. As you know, just in the last year we lost Ed to cancer at far too young an age. He left a fine family, and Jo Ann and his children and grandchildren are here with us today. I want to take this opportunity to present this resolution to you and to let you help me show this family how much we loved and how much respect we had for Ed Howard.

Senator Truan: Mr. President, I also would like to add, if I may, that I served with Ed Howard both in the House and in the Senate. Members of the Senate, when Ed Howard became a Senator he also had to fill some big shoes, for A. M. Aikin had been the Dean of the Senate for many years. And, let me say to you, he served with distinction and there was no doubt that he was recognized also, Senator Ratliff, as a Senator who had certainly represented his constituents. He was assigned many important and difficult tasks, Mr. President, by your predecessor. He distinguished himself in those particular roles. I want to add also to the resolution my support, and I will remember Ed Howard with very fond memories, Mr. President.

Senator Barrientos: Mr. President, Members, I join my voice to that of Senator Ratliff, my colleagues, Dean, and all of us who remember Ed Howard dearly. I served with him in the House and in the Senate for many years. And, after leaving the Senate, we sort of felt like the Howard family was ours here in Austin, Texas. We will remember him always, but especially I remember him fondly when he was in the House. The gentleman, you see, was a tall man and a wise calm fellow. Once he wore a beard in the House, and I'll be darned if he didn't look just like Abraham Lincoln, and he was every bit as good. God bless the Howard family.

Senator Brown: Thank you Mr. President, Members, I'm pleased to join my colleagues in recognizing our good friend, Ed Howard. I had the fortunate occasion to have his daughter, Katie, work for me in my Senate office and work with his son, Jay, and his wife. Ed Howard, I guess, did a great job representing his district, but always put his family above everything that he did. He lived an example that we often talk about. Ed Howard was truly proud of his family and proud of his wife and proud of his kids. I have to mention a story, Mr. President. Ed was always talking about the fact that he needed to get more exercise. At the time, I was a little younger and playing a lot of tennis. So, during one Special Session, he asked me if I would take him to go play tennis. And I said of course I would. So I set up a game in July at 12 noon out at the tennis court. He showed up with legs as white as Katie's dress and lasted about five minutes. But, it was a good workout for him. He was a good sport. I'll always treasure my relationship with Ed Howard, and I know that the rest of the people who worked with him feel the same way.

Senator Moncrief: Thank you Mr. President, Members, I too rise to express my feelings to this family, a very special family. Ed and I, like so many of us, served in the House together. In fact, we sat right next to each other. So, I got a real close look at how he operated. I wanted to share something with you, it's something that I'm sure some of you have heard before. It's by Ralph Waldo Emerson; it's entitled "Success": To laugh often and much; to win the respect of intelligent people and the affection of children; to earn the appreciation of honest critics and endure the betrayal of false friends; to appreciate beauty; to find the best in others; to leave the world a bit better, whether by a healthy child, or a garden patch, or a redeemed social condition; to know even one life has breathed easier because you have lived-this is to have succeeded. Ed succeeded. God bless his family.

Senator Ratliff was again recognized and introduced to the Senate family members of Senator Howard: his wife, Jo Ann; his children, Eric, Jay, Lee, and Katie; and his grandchildren, Haley and Laney.

The Senate welcomed the family members of Sentor Howard and extended its condolences.