Thursday, April 29, 1999



	The Senate met at 10:00 a.m. pursuant to adjournment and was called to order by the President. The roll was called and the following Senators were present: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire, Zaffirini. Absent-excused: Luna. The President announced that a quorum of the Senate was present. Senate Doorkeeper Don Long offered the invocation as follows: O God, Thou art our God, early will we seek You, for our spirits thirst for Your wisdom and guidance in all deliberations of this legislative body. Show these Senators Your ways, O Lord; teach them Your paths of truth, gentleness, and kindness toward each other and all the peoples of this great State of Texas. Set a watch before their mouths and keep the door of their lips. Let the words of their mouths and the meditation of their hearts be acceptable in Your sight, O Lord, our strength and redeemer. 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 1859 On motion of Senator Sibley and by unanimous consent, Senators Nelson and Haywood will be shown as Co-authors of SB 1859. MESSAGE FROM THE SUPREME COURT OF TEXAS The following Message from the Supreme Court of Texas was read and was referred to the Committee on Nominations:



	ORDER OF THE SUPREME COURT OF TEXAS Misc. Docket No. 99-9080 The Supreme Court of Texas hereby appoints the following Public Members to the Board of Directors of the State Bar of Texas: Ms. Elsie Lee Huang 12625 Memorial Drive, #141 Houston, Texas 77024 Mr. George Edwards, Jr. 7402 Palisades Heights Court Houston, Texas 77095 These appointments are for terms of three years, to expire in June 2002. Ms. Huang's name was selected from a list of five submitted by the Governor pursuant to Texas Government Code 81.020. In Chambers, this 26th day of April, 1999. /s/Thomas R. Phillips, Chief Justice /s/Nathan L. Hecht, Justice /s/Craig T. Enoch, Justice /s/Priscilla R. Owen, Justice /s/James A. Baker, Justice /s/Greg Abbott, Justice /s/Deborah G. Hankinson, Justice /s/Harriet O'Neill, Justice /s/Alberto R. Gonzales, Justice MESSAGE FROM THE GOVERNOR The following Message from the Governor was read and was referred to the Committee on Nominations: Austin, Texas April 28, 1999 TO THE SENATE OF THE SEVENTY-SIXTH LEGISLATURE, REGULAR SESSION: I ask the advice, consent and confirmation of the Senate with respect to the following appointments: TO BE MEMBERS OF THE TEXAS HISTORICAL COMMISSION for terms to expire February 1, 2005: Jean Ann Ables-Flatt 209 Brookhollow Drive Terrell, Texas 75160-5005 (replacing Rose T. Trevino of Laredo whose term expired) Diane D. Bumpas 5306 Surrey Circle Dallas, Texas 75209 (replacing Jan Bullock of Austin whose term expired)



	Gail Loving Barnes 2922 Chisum Avenue Odessa, Texas 79762-7941 (replacing John Preston of Childress whose term expired) Mamie L. McKnight, Ph.D. 2470 Five Mile Parkway Dallas, Texas 75233 (replacing Betty Hanna of Breckenridge whose term expired) John Liston Nau III 3217 Del Monte Houston, Texas 77019 (reappointment) Juan F. Sandoval 6243 Arapaho El Paso, Texas 79905 (replacing H. L. Long of Kilgore whose term expired) Respectfully submitted, /s/George W. Bush Governor (Senator Moncrief in Chair) REPORT OF COMMITTEE ON NOMINATIONS Senator Wentworth submitted the following report from the Committee on Nominations: We, your Committee on Nominations, to which were referred the following appointments, have had same under consideration and report them back to the Senate with a recommendation that they be confirmed. Member, Texas Rehabilitation Commission Board: Beverly Stribling, Tom Green County. Members, Texas Southern University Board of Regents: Regina Giovannini, Harris County; Alphonso Jackson, Dallas County; Willard L. Jackson, Jr., Harris County; Lori H. Moon, Dallas County; A. Martin Wickliff, Jr., Harris County; Fred S. Zeidman, Harris County. Members, Texas School for the Blind and Visually Impaired Board: Bruce Allen Best, Montgomery County; Barbara Kaldis Cherry, Nacogdoches County; Fidel Menchaca, Hidalgo County; Zena B. Pearcy, Travis County. Members, Texas Department of Economic Development Governing Board: Tucker Sterling Bridwell, Taylor County; Javier Garza, Webb County; Patricia Z. Holland-Branch, El Paso County; Mark Langdale, Dallas County; George T. Richardson, Jr., Lamb County; Rance G. "Randy" Sweeten, Hidalgo County; Marion Szurek, Tom Green County.



	Pecos River Compact Commissioner for Texas: Julian W. Thrasher, Jr., Ward County. Members, Texas Military Facilities Commission: Constance Belle Linbeck, Harris County; Gary McClure, Tom Green County. Members, Radiation Advisory Board: Susan E. Best, M.D., Ph.D., Dallas County; Michael S. Ford, Randall County; Walter Kim Howard, M.D., Gregg County; Dale Edward Klein, Ph.D., Travis County; Troy Marceleno, P.E., Dallas County; Bruce Anthony Matson, D.D.S., Harris County; Philip M. Wentworth, Collin County. NOTICE OF CONSIDERATION OF NOMINATIONS Senator Wentworth gave notice that he would tomorrow at the conclusion of morning call submit to the Senate for consideration nominations to agencies, boards, and commissions of the state. GUEST PRESENTED Senator Truan was recognized and introduced to the Senate Corpus Christi City Council Member and former Member of the House of Representatives, Arnold Gonzales. The Senate welcomed Mr. Gonzales. GUESTS PRESENTED Senator Armbrister was recognized and introduced to the Senate a group of students from the business law class at Smithville High School in Smithville, accompanied by their teacher. The Senate welcomed its guests. GUESTS PRESENTED Senator Shapleigh was recognized and introduced to the Senate student council members of Montwood High School in El Paso. The Senate welcomed its guests. PERMISSION TO INTRODUCE BILLS On motion of Senator Truan and by unanimous consent, Senate Rule 7.07(b) and Section 5, Article III of the Texas Constitution were suspended to permit the introduction of the following bills: SB 1887, SB 1889, SB 1890. CAPITOL PHYSICIAN Senator Zaffirini was recognized and presented Dr. Beverly Nuckols of New Braunfels, accompanied by her daughter, Summer, as the "Doctor for the Day." The Senate welcomed Dr. Nuckols and thanked her for her participation in the "Capitol Physician" program sponsored by the Texas Academy of Family Physicians.



	MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas April 29, 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 523, Relating to the application of the optional county vehicle registration fees to all-terrain vehicles. HB 673, Relating to requiring the use of protective helmets for bicycle safety. HB 861, Relating to the creation of the offense of coercing, soliciting, or inducing a child to participate in the activities of a criminal street gang. HB 908, Relating to enforcement of screening requirements for vision, hearing, and other special senses and communication disorders of children in certain licensed child-care facilities. HB 938, Relating to the investigation and prosecution of an offense motivated by bias or prejudice and to other remedies for and protections against certain hateful acts. HB 1086, Relating to liens on manufactured homes. HB 1194, Relating to the operation of a statewide rural health care system. HB 1799, Relating to the assignment or deposit of certain lottery prizes. HB 1804, Relating to the automatic admission to certain public institutions of higher education of certain graduates of high schools operated by the United States Department of Defense. HB 1876, Relating to theft of or tampering with multichannel video or information services; providing penalties. HB 1984, Relating to the consolidation of emergency communication districts. HB 2054, Relating to mechanic's, contractor's, and materialmen's liens. HB 2070, Relating to the administration and responsibilities of The University of Texas Medical Branch at Galveston. HB 2148, Relating to certain federally funded long-term care Medicaid programs. HB 2190, Relating to prima facie evidence of the offense of theft by check and to certain actions based on nonpayment of a check.



	HB 2209, Relating to the ability of a public housing authority to use a public facility corporation to promote development of residential housing and accomplish other public purposes. HB 2235, Relating to the issuance of installment sale obligations or lease-purchase obligations by certain municipalities. HB 2614, Relating to creation of a county alliance to jointly authorize the creation of a development corporation. HB 2752, Relating to joint underwriting and reinsurance advisory organizations. HB 3234, Relating to the connection of utilities in certain subdivisions in economically distressed areas. HB 3656, Relating to the participation of community-based organizations in the skills development fund. HJR 36, Proposing a constitutional amendment permitting the conversion of separate property to community property. THE HOUSE HAS CONCURRED IN SENATE AMENDMENTS TO THE FOLLOWING MEASURES: HB 1303 (Viva-voce vote) HB 1304 (Viva-voce vote) HB 1503 (Viva-voce vote) HB 1610 (Viva-voce vote) Respectfully, /s/Sharon Carter, Chief Clerk House of Representatives (President in Chair) SENATE CONCURRENT RESOLUTION 26 Senator Shapiro offered the following resolution: WHEREAS, The Legislature of the State of Texas proudly pays tribute to the members of the Texas Federation of Republican Women for their exceptional efforts on behalf of the candidates of the Republican Party; and WHEREAS, The members of the Texas Federation of Republican Women have provided a political education forum for women and have volunteered countless hours to the campaigns of Republican Party candidates; and WHEREAS, The dedication, hard work, and perseverance of these remarkable women helped ensure the election of their candidates to city, county, state, and national offices; and WHEREAS, Their outstanding accomplishments have increased the political awareness and effectiveness of thousands of women by persuading them that their participation in the political process is important and makes a difference; and WHEREAS, Organized 19 years after the formation of the National Federation of Republican Women in 1938, the Texas Federation of Republican Women is widely recognized as one of the largest women's political organizations in Texas; and



	WHEREAS, Under the able guidance of its leaders, the Texas Federation of Republican Women will continue to assure a leadership role for women in the Republican Party; now, therefore, be it RESOLVED, That the 76th Legislature hereby recognize the members of the Texas Federation of Republican Women and commend them for their outstanding accomplishments; and, be it further RESOLVED, That a copy of this resolution be prepared as an expression of the high regard of the Texas Legislature. 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 Shapiro and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote. GUESTS PRESENTED Senator Shapiro, joined by Senator Nelson, was recognized and introduced to the Senate representatives of the Texas Federation of Republican Women. The Senate welcomed its guests. REMARKS ORDERED PRINTED On motion of Senator Truan and by unanimous consent, the following remarks were ordered reduced to writing and printed in the Senate Journal: Senator Shapiro: Mr. President and Members, all these lovely, fine women in the gallery, certainly Senator Nelson as one and I as two, are here because we believe that these fine ladies have worked and worked and worked in the trenches. Texas Federation of Republican Women has been an organization for over 50 years. They organized 19 years after the formation of the National Federation of Republican Women. Just as Democratic women work for Democratic candidates, we believe that these women are the backbone of our organization. Each of them, individually as well as collectively, represent the best in Texas. They know and they understand the political process. They know and they understand the issues, and they're willing to get up, and they're willing to work, not only in their own communities but on a state level as well. Many of these women are themselves elected officials in a variety of ways and different places. We have a group of women that are here representing them on the floor that I would like to specifically introduce to you: Jan Kennedy, who is President of TFRW and also serves as a fine mayor; and we have Marian Burton; we have Claire Johnson; and we have Mary Jo Arndt. Mary Jo is President of the National Federation of Republican Women. Members, we are very proud. I'm going to give Senator Nelson a moment to be able to share in this moment of pride. We thank each and every one of you for being here today. We hope you have a grand day in the Capitol, and we hope that you'll come back often. We know how important your Capitol is to you and you are to it. Thank you. Senator Nelson: Thank you Mr. President and Members. I join Senator Shapiro in welcoming a dynamic group of Texans to our State Capitol. Members, the



	citizens in red seated in the gallery are corporate presidents, they're mayors, they're school board presidents, they're teachers, they're doctors, they are wives, and they are mothers, and they all share a common interest and that is good government. It is with pleasure that I acknowledge the hard work and many hours of volunteerism that these members have put in, not just in the political process but hours of volunteer work toward literacy in this state, for which we are most grateful. The members of the Texas Federation of Republican Women network welcome our National President. Mary Jo is a friend of mine, and we are delighted to have you here in Texas. Thank you Mr. President. Senator Zaffirini: Mr. President, I join my colleagues Senator Shapiro and Senator Nelson and the Republican men, as the only Democratic woman in the Texas Senate, to say welcome to this fine group of women. And thank you for your good help. Senator Fraser: I'm sure everyone is going to want to say hello, but I want to say a quick welcome to the ladies from Senate District 24 and also Claire, that's from my district. All of us as elected officials realize that we're here because of the hard work of the people in this room, and we thank you so much for everything you do. Senator Brown: Thank you Mr. President and Members. I too am pleased to rise to welcome all the hard-working and dedicated ladies that are represented in the gallery in red. You know, traditionally, at some point the Dean of the Senate always moves to have the Lieutenant Governor's name and all the Members of the Senate added to the resolution. Of course, I will do that at the appropriate time, Mr. President. I will add the name of all, well, perhaps I will add the name of some of the Members of the Senate. But, it is a pleasure for all of us. Although some of us are not affiliated with the same party represented by the ladies that are dressed in red, I think they all recognize that in addition to being good, hard-working people within the Republican Party, they're also good citizens, good parents, good family members, and great Texans. So, I know that my colleagues will join me in welcoming them to the Texas Senate today. Senator Carona: Thank you Mr. President. My colleagues have already echoed my sentiments. I just welcome you ladies here today, and a special welcome to the Dallas County Council of Republican Women. Senator Wentworth: Thank you Mr. President. I can't sit here without standing and welcoming all these Republican women. I have the distinction of having more Republican women live in my Senate District than anybody else in the Texas Senate, as exhibited, at least in part, by the fact that Jan Kennedy, this year's President from New Braunfels, lives in my district, and the fact that Diane Thompson from Boerne was last year's state President of the Texas Federation of Republican Women. I hope my wife is here somewhere, but I can't spot her in all this sea of red. Welcome and we're very delighted to have you all in Austin. Senator Lindsay: Thank you Mr. President. I wouldn't miss an opportunity to join in my colleagues welcoming this group up here. Senator Ogden: Mr. President, Members, I just wanted to thank the Republican women that are in the gallery. I just finished a one-year campaign for this job,



	and I would not be here if it had not been for their volunteer efforts. So, thank you for putting me in the Texas Senate. Senator Haywood: Mr. President, I certainly want to welcome these ladies to the Texas Senate today. Welcome everyone from District 30 especially. Thank you for being here. Senator Lucio: Mr. President and Members, in the spirit of true bipartisanship, I rise to welcome the Republican women that are here today with us. May I add that I have a lot of outstanding Republican women that live in District 27 in the Rio Grande Valley. All of us together, working together for the good of the State of Texas. Thank you very much. Senator Ellis: Thank you Mr. President. I too rise to welcome this outstanding group. I represent Houston. As you know, I am in the Democratic Party, but I had the good fortune of not having a Republican challenge in my Senatorial district. I like to think that's because I work with Senator Shapiro and I work with Senator Nelson and I work with many of you. I had an open house at my district office a couple of weeks ago. Governor Bush has done a good job of reaching out to all Texans, regardless of party, so I thought that I should do that. We had about 50 prominent Republicans from Houston show up, and I told them that my family always supported President Lincoln. All of them couldn't vote back then, but give us some time and we may come on over again. Welcome to the Texas Senate. Senator Jackson: Thank you Mr. President. It is certainly a pleasure today to rise, for the first time from the Senate floor for me, to welcome, especially, all the Republican women from Senate District 11-Houston, Galveston. They're the ones over here with the best suntan, Mr. President, from being on the beach. I just heard we had over a thousand ladies here today, which is absolutely fantastic. I just want to say thank you for taking time to participate in our state's business and government today. Thank you. (Senator Truan in Chair) GUESTS PRESENTED Senator Nelson, joined by Senator Cain, was recognized and introduced to the Senate a group of fourth- and fifth-grade gifted and talented students from Waxahachie, accompanied by their sponsor, Barbara Pickett. The Senate welcomed its guests. (President in Chair) HOUSE BILL 1351 REREFERRED Senator Shapiro submitted a Motion In Writing requesting that HB 1351 be withdrawn from the Committee on State Affairs and rereferred to the Committee on Administration. The Motion In Writing prevailed without objection.



	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: HB 1345, HB 1348, HB 1356, HCR 80, HCR 123, HCR 126. CONCLUSION OF MORNING CALL The President at 10:53 a.m. announced the conclusion of morning call. COMMITTEE SUBSTITUTE SENATE BILL 1213 ON SECOND READING On motion of Senator Whitmire 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 1213, Relating to disciplinary options available to a teacher under a school district's student code of conduct and to including discipline strategies as part of school district staff development. The bill was read second time and was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 1213 ON THIRD READING Senator Whitmire moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1213 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 1213 was read third time and was passed by the following vote: Yeas 30, Nays 0. Absent-excused: Luna. HOUSE BILL 1402 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 third reading: HB 1402, Relating to the continuation and functions of the Texas Rehabilitation Commission. The bill was read second time. Senator Madla offered the following committee amendment to the bill: Committee Amendment No. 1 Amend HB 1402 by inserting the following appropriately numbered sections of the bill and renumbering subsequent sections of the bill accordingly: SECTION 25. Section 411.117, Government Code, is amended to read as follows:



	Sec. 411.117. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS REHABILITATION COMMISSION. The Texas Rehabilitation Commission is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is: (1) an applicant for rehabilitation services of the Texas Rehabilitation Commission; [or ] (2) a client of the Texas Rehabilitation Commission; or (3) an applicant for employment whose potential duties include direct contact with clients of the Texas Rehabilitation Commission. SECTION 22. Subchapter C, Chapter 111, Human Resources Code, is amended by adding Section 111.058 to read as follows: Sec. 111.058. CRIMINAL HISTORY RECORD INFORMATION. (a) The board by rule shall establish criteria for denying a person's application for employment based on criminal history background information obtained pursuant to Section 411.117, Government Code. (b) The commission shall treat all criminal history record information as privileged and confidential and for commission use only. The committee amendment was read and was adopted by a viva voce vote. Senator Madla offered the following committee amendment to the bill: Committee Amendment No. 2 Amend HB 1402 as follows: (1) In Section 21 of the bill, on page 16, line 8, between "METHODS." and "The", insert "(a)". (2) In Section 21 of the bill, on page 16, between lines 22 and 23, insert new subsection (b) as follows: (b) Nothing in this section shall be construed to limit the commission's ability to procure goods and services from persons with disabilities. The committee amendment was read and was adopted by a viva voce vote. On motion of Senator Madla 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 third reading by a viva voce vote. HOUSE BILL 1402 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 HB 1402 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. HB 1402 was read third time and was passed by a viva voce vote. GUESTS PRESENTED Senator Carona was recognized and introduced to the Senate a group of students from Highlander School in Dallas, accompanied by their teachers. The Senate welcomed its guests.



	SENATE BILL 1276 ON THIRD READING On motion of Senator Wentworth and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its third reading and final passage: SB 1276, Relating to a misdemeanant's liability for the cost of confinement in a county jail. The bill was read third time. MOTION TO RECONSIDER VOTE Senator Truan moved to reconsider the vote by which the regular order of business was suspended for SB 1276. The motion to reconsider was lost by the following vote: Yeas 9, Nays 19. Yeas: Barrientos, Ellis, Fraser, Gallegos, Nixon, Shapleigh, Sibley, Truan, West. Nays: Armbrister, Bivins, Brown, Cain, Carona, Duncan, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Wentworth, Whitmire, Zaffirini. Absent: Bernsen, Ratliff. Absent-excused: Luna. SB 1276 was finally passed by a viva voce vote. RECORD OF VOTES Senators Barrientos, Ellis, Gallegos, Nixon, Shapleigh, Sibley, Truan, and West asked to be recorded as voting "Nay" on the final passage of the bill. (Senator Nixon in Chair) (President in Chair) COMMITTEE SUBSTITUTE SENATE JOINT RESOLUTION 45 ON SECOND READING Senator Lucio asked unanimous consent to suspend the regular order of business to take up for consideration at this time: CSSJR 45, Proposing a constitutional amendment authorizing the legislature to provide for the issuance of bonds for certain improvements to the state highway system. There was objection. Senator Lucio then moved to suspend the regular order of business and take up CSSJR 45 for consideration at this time. The motion prevailed by the following vote: Yeas 22, Nays 6.



	Yeas: Armbrister, Bivins, Brown, Duncan, Ellis, Fraser, Gallegos, Haywood, Lindsay, Lucio, Madla, Moncrief, Nixon, Ogden, Shapiro, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire, Zaffirini. Nays: Barrientos, Bernsen, Cain, Carona, Jackson, Nelson. Absent: Harris, Ratliff. Absent-excused: Luna. The resolution was read second time. Senator Cain offered the following amendment to the resolution: Floor Amendment No. 1 Amend CSSJR 45 as follows: Amend Sec. 49-k. (a) To fund improvements to the state highway system, including improvements relating to North American Free Trade Agreement-related corridors, the legislature may authorize the Texas Transportation Commission or its successor to issue bonds and enter into bond enhancement agreements that are payable from revenue received or to be received from the federal highway trust fund. ~~and other revenue deposited to the credit of the state highway fund.~~ The amendment was read. On motion of Senator Lucio, Floor Amendment No. 1 was tabled by the following vote: Yeas 16, Nays 12. Yeas: Bivins, Brown, Duncan, Fraser, Haywood, Lucio, Madla, Moncrief, Nixon, Ogden, Shapleigh, Sibley, Truan, Wentworth, West, Zaffirini. Nays: Armbrister, Barrientos, Bernsen, Cain, Carona, Ellis, Gallegos, Jackson, Lindsay, Nelson, Shapiro, Whitmire. Absent: Harris, Ratliff. Absent-excused: Luna. The resolution was passed to engrossment by the following vote: Yeas 19, Nays 9. Yeas: Bivins, Brown, Duncan, Fraser, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nixon, Ogden, Shapiro, Shapleigh, Sibley, Truan, Wentworth, West, Zaffirini. Nays: Armbrister, Barrientos, Bernsen, Cain, Carona, Ellis, Gallegos, Nelson, Whitmire. Absent: Harris, Ratliff. Absent-excused: Luna. GAVEL PRESENTED Senator Barrientos was recognized and announced to the Senate that the vote cast on the motion to table Floor Amendment No. 1 to CSSJR 45 marked Senator Zaffirini's 20,000th consecutive vote cast in the Senate. Senator Barrientos escorted Senator Zaffirini to the President's rostrum.



	The President presented Senator Zaffirini with a gavel in honor of her historic accomplishment. The Senate extended its congratulations to Senator Zaffirini. REMARKS ORDERED PRINTED On motion of Senator Truan, the following remarks by the President were ordered reduced to writing and printed in the Senate Journal: Lieutenant Governor Perry: Today, most of you in the gallery probably didn't realize that you were going to be seeing history made in this body. Senator Zaffirini, with the last vote, cast her 20,000th straight vote in the Texas Senate. Senator Zaffirini, I'd like to present you with this gavel at this particular point in time, and if you'll allow me to have it back, we'll inscribe it properly. I want to say thank you for your commitment to the State of Texas. I don't suppose there is a Senator on this floor, nor that's ever walked across this floor, that truly loves the State of Texas any more than you do-the children of the state, the health care for the people of the State of Texas. For the rest of the time that there is a Texas, there will be people that look back and say thank you. GUESTS PRESENTED Senator Carona was recognized and introduced to the Senate a group of students from the Charles A. Gill Student Council from the Dallas Independent School District. The Senate welcomed its guests. GUESTS PRESENTED Senator West was recognized and introduced to the Senate a group of second-grade students from Saint Philip's School in Dallas, accompanied by their teachers. The Senate welcomed its guests. GUESTS PRESENTED The President, on behalf of Senator Harris, introduced to the Senate Members of the House Budget Committee of Bavaria, Germany. The Senate welcomed its guests. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas April 29, 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: SB 142, Relating to enforcement of the Flood Control and Insurance Act in certain counties. (Amended) SB 222, Relating to certain prohibited activities by persons younger than 18 years of age conducted on premises covered by an alcoholic beverage license or permit; providing penalties. SB 287, Relating to the Texas parks and wildlife capital account. (Committee Substitute/Amended) SB 574, Relating to participation and credit in, contributions to, and benefits and administration of the Texas Municipal Retirement System. SB 979, Relating to the establishment of a medical services fee at Midwestern State University. (Committee Substitute) SB 1326, Relating to tuition charged for students of optometry. Respectfully, /s/Sharon Carter, Chief Clerk House of Representatives COMMITTEE SUBSTITUTE SENATE BILL 966 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 966, Relating to the financing and construction of highways by the Texas Department of Transportation. The bill was read second time. Senator Lindsay offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 966 as follows: On page 1, after line 29, amend Section 222.035(b) by adding the following: (3) In counties with a population of 2.8 million or greater, sections of Interstate 10, Interstate 45, and State Highway 59, which have an average daily traffic of 125,000 vehicles per day or greater. The amendment was read and failed of adoption by the following vote: Yeas 9, Nays 20. Yeas: Bivins, Brown, Ellis, Gallegos, Jackson, Lindsay, Lucio, Ogden, Whitmire. Nays: Armbrister, Barrientos, Bernsen, Cain, Carona, Duncan, Fraser, Haywood, Madla, Moncrief, Nelson, Nixon, Ratliff, Shapiro, Shapleigh, Sibley, Truan, Wentworth, West, Zaffirini. Absent: Harris. Absent-excused: Luna.



	Senator Shapiro offered the following amendment to the bill: Floor Amendment No. 2 Amend CSSB 966 as follows: (1) In SECTION 1 of the bill, strike the remainder of Subsection (b) after "system." (page 1, lines 16-20). (2) Strike Subsection (h) of SECTION 1 of the bill (page 3, lines 5-19). (3) On page 3, line 20, strike "(i)" and substitute "(h)". The amendment was read. On motion of Senator Lucio, Floor Amendment No. 2 was tabled by the following vote: Yeas 15, Nays 14. Yeas: Bernsen, Duncan, Fraser, Haywood, Lucio, Madla, Moncrief, Nixon, Ogden, Ratliff, Shapleigh, Sibley, Truan, Wentworth, Zaffirini. Nays: Armbrister, Barrientos, Bivins, Brown, Cain, Carona, Ellis, Gallegos, Jackson, Lindsay, Nelson, Shapiro, West, Whitmire. Absent: Harris. Absent-excused: Luna. Senator Shapiro offered the following amendment to the bill: Floor Amendment No. 3 Amend CSSB 966 as follows: (1) In SECTION 1 of the bill, strike the remainder of Subsection (b) after "system." (page 1, lines 16-20), and substitute "The commission shall give consideration to the use of such bonds in connection with the acceleration of the development of what the commission deems to be high priority projects pertaining to North American Free Trade Agreement trade corridors on the state highway system.". (2) Strike Subsection (h) of SECTION 1 of the bill (page 3, lines 5-19). (3) On page 3, line 20, strike "(i)" and substitute "(h)". The amendment was read. On motion of Senator Lucio, Floor Amendment No. 3 was tabled by the following vote: Yeas 16, Nays 13. Yeas: Armbrister, Duncan, Ellis, Fraser, Haywood, Lucio, Madla, Moncrief, Nixon, Ogden, Ratliff, Shapleigh, Sibley, Truan, Wentworth, Zaffirini. Nays: Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Gallegos, Jackson, Lindsay, Nelson, Shapiro, West, Whitmire. Absent: Harris. Absent-excused: Luna. The bill was passed to engrossment by a viva voce vote. GUESTS PRESENTED Senator Brown was recognized and introduced to the Senate a group of students from Living Stones Christian School in Alvin. The Senate welcomed its guests.



	(Senator Sibley in Chair) COMMITTEE SUBSTITUTE SENATE BILL 1561 ON SECOND READING Senator Barrientos asked unanimous consent to suspend the regular order of business to take up for consideration at this time: CSSB 1561, Relating to students who drop out of public school. There was objection. Senator Barrientos then moved to suspend the regular order of business and take up CSSB 1561 for consideration at this time. The motion prevailed by the following vote: Yeas 24, Nays 3. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Ellis, Fraser, Gallegos, Haywood, Lindsay, Lucio, Madla, Moncrief, Nelson, Nixon, Shapiro, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire, Zaffirini. Nays: Duncan, Jackson, Ogden. Absent: Carona, Harris, Ratliff. Absent-excused: Luna. The bill was read second time. Senator Barrientos offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 1561 as follows: In Section 1 of the bill, page 1, line 30, after "school" insert "or who has not received a high school graduate equivalency certificate". The amendment was read and was adopted by a viva voce vote. Senator Bivins offered the following amendment to the bill: Floor Amendment No. 2 Amend CSSB 1561 as follows: On page 1, line 31, between the words "another" and "school" insert "public or private". On page 1, beginning on line 31 and continuing on line 32, delete the words "in this country". On page 3, line 17, between "shall" and "determine", insert "make a good faith effort to". The amendment was read and was adopted by a viva voce vote. On motion of Senator Barrientos 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 Ogden asked to be recorded as voting "Nay" on the passage of the bill to engrossment.



	COMMITTEE SUBSTITUTE SENATE BILL 1561 ON THIRD READING Senator Barrientos moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1561 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 27, Nays 2. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Nixon, Ratliff, Shapiro, Shapleigh, Sibley, Truan, West, Whitmire, Zaffirini. Nays: Ogden, Wentworth. Absent: Harris. Absent-excused: Luna. CSSB 1561 was read third time and was passed by a viva voce vote. RECORD OF VOTE Senator Ogden asked to be recorded as voting "Nay" on the final passage of the bill. HOUSE BILL 1704 ON SECOND READING Senator Shapiro asked unanimous consent to suspend the regular order of business to take up for consideration at this time: HB 1704, Relating to the approval of certain permit applications by local governments. There was objection. Senator Shapiro then moved to suspend the regular order of business and take up HB 1704 for consideration at this time. The motion prevailed by the following vote: Yeas 22, Nays 3. Yeas: Armbrister, Bernsen, Bivins, Brown, Cain, Duncan, Fraser, Gallegos, Haywood, Lindsay, Lucio, Madla, Nelson, Nixon, Ogden, Shapiro, Shapleigh, Sibley, Wentworth, West, Whitmire, Zaffirini. Nays: Barrientos, Moncrief, Truan. Absent: Carona, Ellis, Harris, Jackson, Ratliff. Absent-excused: Luna. The bill was read second time. Senator Barrientos offered the following amendment to the bill: Floor Amendment No. 1 Amend HB 1704 as follows: 1) On page 1, line 38, strike proposed subsection (d) of SECTION 1. 2) On page 2, line 30 strike "1997." and replace it with "1999.", and strike everything after that in proposed Section 245.003. 3) Strike proposed Subsection (A) of SECTION 3 and renumber accordingly.



	The amendment was read and failed of adoption by the following vote: Yeas 3, Nays 23. Yeas: Barrientos, Moncrief, Truan. Nays: Armbrister, Bernsen, Bivins, Brown, Cain, Duncan, Fraser, Gallegos, Haywood, Jackson, Lindsay, Lucio, Madla, Nelson, Nixon, Ogden, Shapiro, Shapleigh, Sibley, Wentworth, West, Whitmire, Zaffirini. Absent: Carona, Ellis, Harris, Ratliff. Absent-excused: Luna. The bill was passed to third reading by a viva voce vote. RECORD OF VOTE Senator Barrientos asked to be recorded as voting "Nay" on the passage of the bill to third reading. HOUSE BILL 1704 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 HB 1704 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 25, Nays 4. Yeas: Armbrister, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Haywood, Jackson, Lindsay, Lucio, Madla, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, West, Whitmire, Zaffirini. Nays: Barrientos, Moncrief, Truan, Wentworth. Absent: Harris. Absent-excused: Luna. HB 1704 was read third time and was passed by the following vote: Yeas 26, Nays 3. Yeas: Armbrister, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Haywood, Jackson, Lindsay, Lucio, Madla, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Wentworth, West, Whitmire, Zaffirini. Nays: Barrientos, Moncrief, Truan. Absent: Harris. Absent-excused: Luna. (Senator Brown in Chair) COMMITTEE SUBSTITUTE SENATE BILL 1388 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 and passage to engrossment:



	CSSB 1388, Relating to management of property recovered in a suit for the benefit of a minor or incapacitated person. The bill was read second time. Senator Shapleigh offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 1388 as follows: In SECTION 5, by adding Subsection (c) to Section 142.008, Property Code (Committee Printing, page 2, line 36): (c) A structured settlement provided for under this section is solely for the benefit of the beneficiary of the structured settlement and is not subject to the interest payment calculations contained in Section 117.054, Local Government Code. SHAPLEIGH HARRIS The amendment was read and was adopted by a viva voce vote. On motion of Senator Shapleigh 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 1388 ON THIRD READING Senator Shapleigh moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1388 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1. Nays: Wentworth. Absent: Harris. Absent-excused: Luna. CSSB 1388 was read third time and was passed by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 374 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 374, Relating to the provision of certain long-term care services, to the continuation and functions of the Texas Department on Aging, and to the eventual consolidation of the Texas Department of Human Services and the Texas Department on Aging into a new agency on aging and disability services. The bill was read second time.



	Senator Carona offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 374 as follows: (1) In SECTION 1.06 of the bill, in added Section 101.0012, Human Resources Code (Committee Printing, page 4, between lines 54 and 55), insert: "(8) a history of funding sources for long-term care services; (9) the independent living philosophy;". (2) In SECTION 1.06 of the bill, in added Section 101.0012, Human Resources Code (Committee Printing, page 4, line 55), strike "(8)" and substitute "(10)". (3) In SECTION 1.06 of the bill, in added Section 101.0012, Human Resources Code (Committee Printing, page 4, line 64), strike "(9)" and substitute "(11)". (4) In SECTION 1.16 of the bill, in added Section 531.0235, Government Code (Committee Printing, page 7, lines 46-47), strike "the Governor's Committee on People with Disabilities,". (5) After SECTION 2.05 of the bill (Committee Printing, page 11, between lines 11 and 12), insert: SECTION 2.06. Chapter 21, Human Resources Code, is amended by adding Section 21.0033 to read as follows: Sec. 21.0033. TRAINING PROGRAM FOR BOARD MEMBERS. (a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section. (b) The training program must provide the person with information regarding: (1) the legislation that created the department and the board; (2) the federal Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.) and its subsequent amendments; (3) the programs operated by the department; (4) the role and functions of the department; (5) the rules of the department with an emphasis on the rules that relate to disciplinary and investigatory authority; (6) the current budget for the department; (7) the results of the most recent formal audit of the department; (8) a history of funding sources for long-term care services; (9) the independent living philosophy; (10) the requirements of: (A) the open meetings law, Chapter 551, Government Code; (B) the public information law, Chapter 552, Government Code; (C) the administrative procedure law, Chapter 2001, Government Code; and (D) other laws relating to public officials, including conflict of interest laws; and (11) any applicable ethics policies adopted by the department or the Texas Ethics Commission. (c) A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office. SECTION 2.07. Chapter 22, Human Resources Code, is amended by adding Section 22.0245 to read as follows:



	Sec. 22.0245. OLDER AMERICANS ACT; STATE PLAN. (a) The department shall develop this state's plan on aging, as required by the federal Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.) and its subsequent amendments. (b) The department shall conduct a statewide needs assessment for long-term care services. The assessment shall include input from: (1) area agencies on aging; (2) regional and local state agency staff; and (3) community-based organizations. (6) Renumber the sections of Article 2 accordingly. The amendment was read and was adopted by a viva voce vote. Senator Moncrief offered the following amendment to the bill: Floor Amendment No. 2 Amend CSSB 374 by striking SECTION 1.17 of the bill (Committee Printing, page 7, line 56, through page 8, line 25) and substituting the following: SECTION 1.17. (a) On September 1, 1999, the licensing and regulation of home and community support services agencies and home health medication aides under Chapter 142, Health and Safety Code, and the certification of home and community support services agencies on behalf of the United States Department of Health and Human Services for purposes of participation in the Medicare program are transferred from the Texas Department of Health to the Texas Department of Human Services. (b) On September 1, 1999, all funds, obligations, and contracts of the Texas Department of Health related to a function listed in Subsection (a) of this section are transferred to the Texas Department of Human Services. (c) On September 1, 1999, all property and records in the custody of the Texas Department of Health related to a function listed in Subsection (a) of this section and all funds appropriated by the legislature to the Texas Department of Health for a function listed in Subsection (a) of this section are transferred to the Texas Department of Human Services. (d) On September 1, 1999, all employees of the Texas Department of Health who perform duties related to a function listed in Subsection (a) of this section become employees of the Texas Department of Human Services, to be assigned duties by the commissioner of human services. (e) A rule or form adopted by the Texas Department of Health that relates to a function listed in Subsection (a) of this section is a rule or form of the Texas Department of Human Services and remains in effect until altered by the department. The secretary of state is authorized to adopt rules as necessary to expedite the implementation of this subsection. (f) The transfer of the functions listed in Subsection (a) of this section does not affect or impair any act done, any obligation, right, order, license, permit, rule, criterion, standard, or requirement existing, any investigation begun, or any penalty accrued under former law, and that law remains in effect for any action concerning those matters. (g) An action brought or proceeding commenced before the transfer required by this section is effected, including a contested case or a remand of an action or proceeding by a reviewing court, is governed by the law and rules applicable to the action or proceeding before the date of the transfer. (h) After the transfer required by this section is effected, a reference in law to the Texas Department of Health or the Texas Board of Health that relates to a



	function listed in Subsection (a) of this section means the Texas Department of Human Services and the Texas Board of Human Services, respectively. The amendment was read and was adopted by a viva voce vote. Senator Haywood offered the following amendment to the bill: Floor Amendment No. 3 Amend CSSB 374 as follows: In Sec. 531.02481 add new Subsection (e) (page 1, line 49) to read as follows, and renumber subsequent Subsection accordingly: "(e) The commissioner shall assure the maintenance of no fewer than 28 area agencies on aging in order to assure the continuation of a local system of access and assistance that is sensitive to the aging population." HAYWOOD LUCIO The amendment was read and 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 374 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 374 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1. Nays: Wentworth. Absent: Harris. Absent-excused: Luna. CSSB 374 was read third time and was passed by a viva voce vote. GUESTS PRESENTED Senator Ellis was recognized and introduced to the Senate a group of students from the fourth-grade class of Thompson Elementary School in Houston, accompanied by their teacher, Monica Higgins. The Senate welcomed its guests. GUESTS PRESENTED Senator Shapleigh was recognized and introduced to the Senate his daughter, Zoe, and the seventh-grade class at Saint Clements Episcopal School in El Paso. The Senate welcomed its guests. COMMITTEE SUBSTITUTE SENATE BILL 576 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 576, Relating to the reporting of public school class size. The bill was read second time and was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 576 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 576 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1. Nays: Wentworth. Absent: Harris. Absent-excused: Luna. CSSB 576 was read third time and was passed by the following vote: Yeas 29, Nays 0. Absent: Harris. Absent-excused: Luna. LEAVE OF ABSENCE On motion of Senator Wentworth, Senator Harris was granted leave of absence for the remainder of today on account of important business. COMMITTEE SUBSTITUTE SENATE BILL 358 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 358, Relating to the continuation and functions of the Texas Department of Mental Health and Mental Retardation. The bill was read second time. Senator Nixon offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 358 as follows: (1) In Section 9 of the bill, added Section 533.0356, Health and Safety Code, (Committee Printing, page 4, lines 23-37) strike Subsections (b)-(d) and substitute the following: (b) The department and the commission jointly may designate a local behavioral health authority in a local service area to provide mental health and chemical dependency services in that area. The board and the commission may delegate to an authority designated under this section the authority and responsibility for planning, policy development, coordination, resource allocation, and resource development for and oversight of mental health and chemical dependency services in that service area. An authority designated under this section has: (1) all the responsibilities and duties of a local mental health authority provided by Section 533.035 and by Subchapter B, Chapter 534; and



	(2) the responsibility and duty to ensure that chemical dependency services are provided in the service area as described by the statewide service delivery plan adopted under Section 461.0124. (c) In the planning and implementation of services, the authority shall give proportionate priority to mental health services and chemical dependency services that ensure that funds purchasing services are utilized in accordance with specific regulatory and statutory requirements that govern the respective funds. (d) A local mental health authority may apply to the department and commission for designation as a local behavioral health authority. (e) The department and commission, by contract or by a case-rate or capitated arrangement or another method of allocation, may disburse money, including federal money, to a local behavioral health authority for services. (f) A local behavioral health authority, with the approval of the department or the commission as provided by contract, shall use money received under Subsection (d) to ensure mental health and chemical dependency services are provided in the local service area to the same level as the level of services previously provided through: (1) the local mental health authority; and (2) the commission. (g) In determining whether to designate a local behavioral health authority for a service area and in determining the functions of the authority if designated, the department and commission shall solicit and consider written comments from any interested person including community representatives, persons who are consumers of the proposed services of the authority, and family members of those consumers. (h) An authority designated under this section shall consider ultimate costs and benefits and client care issues to ensure: (1) consumer choices of services; and (2) the best use of public money in: (A) assembling a network of service providers; and (B) determining whether to become a provider of a service or to contract that service to another organization. (i) An authority designated under this section shall demonstrate to the department and the commission that services involving state funds that the authority provides directly or through a subcontractor complies with relevant state standards. (j) The board and the commission jointly may adopt rules to govern the operations of local behavioral health authorities. The department and the commission jointly may assign the behavioral health authority the duty of providing a single point of entry for mental health and chemical dependency services. (2) Strike Section 17 of the bill (Committee Printing, page 6, lines 40-59) and substitute the following: SECTION 17. Chapter 461, Health and Safety Code, is amended by adding Section 461.0129 to read as follows: Sec. 461.0129. LOCAL BEHAVIORAL HEALTH AUTHORITIES. The commission may designate and provide services through local behavioral health authorities as provided by Section 533.0356 and rules adopted jointly with the Texas Board of Mental Health and Mental Retardation. The amendment was read and was adopted by a viva voce vote.



	Senator Nelson offered the following amendment to the bill: Floor Amendment No. 2 Amend CSSB 358 (Committee Printing) as follows: In Section 10 of the bill, Strike Line 40 through 50 and substitute the following: (d) A person with mental retardation or a person's legally authorized representative seeking residential services shall receive a clear explanation of programs and services for which the person is determined to be eligible, including state schools, community ICFs/MR, 1915 (c) waiver services, or other services. The programs and services chosen by the individual or the individual's legally authorized representative shall be documented in the individual's record. If the chosen programs or services are not available, the person or the person's legally authorized representative shall be given assistance in gaining access to alternative services and the selected waiting list. The amendment was read and was adopted by a viva voce vote. Senator Moncrief offered the following amendment to the bill: Floor Amendment No. 3 Amend CSSB 358, in Section 8 of the bill, added Section 533.0351, Health and Safety Code, as follows: (1) In Subsection (c) (Committee Printing, page 3, lines 49 and 50), strike "one representative of the public and representatives of local authorities" and substitute "representatives of local authorities, the public, consumers of local authority services, and family members of those consumers,". (2) In added Subsection (d) (Committee Printing, page 3, line 56), strike "member representing the public" and substitute "members representing the public or consumers or family members of consumers". The amendment was read and was adopted by a viva voce vote. On motion of Senator Madla 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 358 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 358 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1. Nays: Wentworth. Absent-excused: Harris, Luna. CSSB 358 was read third time and was passed by a viva voce vote. SENATE BILL 1089 ON SECOND READING On motion of Senator Duncan and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:



	SB 1089, Relating to the investment of debt service funds by school districts, junior college districts, and community college districts. The bill was read second time and was passed to engrossment by a viva voce vote. SENATE BILL 1089 ON THIRD READING Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1089 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1. Nays: Wentworth. Absent-excused: Harris, Luna. SB 1089 was read third time and was passed by the following vote: Yeas 29, Nays 0. Absent-excused: Harris, Luna. COMMITTEE SUBSTITUTE SENATE BILL 655 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 655, Relating to the creation of a defense base development authority; validating certain acts of a defense base development corporation; granting the right to issue bonds. The bill was read second time. Senator Ogden offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 655 in SECTION 1 of the bill, Sec. 378.001(b) (page 7, lines 9-11), as follows: 1. (Page 7, line 9) Delete "does not apply" and replace with "applies"; 2. (Page 7, line 10) After "possessory interest" and before "granted" insert "in real property"; and 3. (Page 7, line 11) After "378.009(a)" and before the period, insert "in the same manner as it applies to a leasehold or other possessory interest in real property constituting a project described by Subsection (k), Section 4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes)". The amendment was read and was adopted by a viva voce vote. On motion of Senator Madla 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 655 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 655 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1. Nays: Wentworth. Absent-excused: Harris, Luna. CSSB 655 was read third time and was passed by the following vote: Yeas 29, Nays 0. Absent-excused: Harris, Luna. SENATE BILL 185 ON SECOND READING On motion of Senator Barrientos and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment: SB 185, Relating to certain permissible conditions of placement on deferred disposition for offenses involving the use of alcohol, a controlled substance, or drugs. The bill was read second time and was passed to engrossment by a viva voce vote. SENATE BILL 185 ON THIRD READING Senator Barrientos moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 185 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1. Nays: Wentworth. Absent-excused: Harris, Luna. SB 185 was read third time and was passed by a viva voce vote. SENATE BILL 430 ON SECOND READING On motion of Senator Barrientos and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment: SB 430, Relating to the punishment for certain Class C habitual offenders. The bill was read second time. Senator Barrientos offered the following committee amendment to the bill: Committee Amendment No. 1 Amend SB 430 on page 2, line 3, by striking "12" and substituting "24". The committee amendment was read and was adopted by a viva voce vote.



	On motion of Senator Barrientos and by unanimous consent, the caption was amended to conform to the body of the bill as amended. The bill as amended was passed to engrossment by a viva voce vote. SENATE BILL 430 ON THIRD READING Senator Barrientos moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 430 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1. Nays: Wentworth. Absent-excused: Harris, Luna. SB 430 was read third time and was passed by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 739 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 739, Relating to the regulation of bail bondsmen; providing a criminal penalty. The bill was read second time and was passed to engrossment by a viva voce vote. RECORD OF VOTE Senator Ogden asked to be recorded as voting "Nay" on the passage of the bill to engrossment. COMMITTEE SUBSTITUTE SENATE BILL 739 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 739 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 27, Nays 2. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Nixon, Ratliff, Shapiro, Shapleigh, Sibley, Truan, West, Whitmire, Zaffirini. Nays: Ogden, Wentworth. Absent-excused: Harris, Luna. CSSB 739 was read third time and was passed by a viva voce vote. RECORD OF VOTE Senator Ogden asked to be recorded as voting "Nay" on the final passage of the bill.



	COMMITTEE SUBSTITUTE SENATE BILL 1154 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 1154, Relating to the establishment of regional development agreements between certain municipalities and special districts. The bill was read second time. Senator Bernsen offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 1154, by striking subsection (k) in SECTION 2, by adding a new subsection (k) and new subsection (l): (k) Notwithstanding any defect, ambiguity, discrepancy, invalidity, or unenforceability of a regional development agreement that has been voluntarily entered into and fully executed by the parties thereto, or any contrary law, common law doctrine, or municipal charter provision, and for the duration of any annexation deferral period established in the regional development agreement, during which a district continues to perform its obligations under the regional development agreement: (1) Sections 42.023 and 42.041(b)-(e), Local Government Code, do not apply to any land or owner of land within a district that is a party to the regional development agreement; and (2) the governing body of the municipality may not include the area covered by the regional development agreement in a municipal annexation plan and may not initiate or continue an annexation proceeding relating to that area after the effective date of this section. (l) This section shall be liberally construed so as to give effect to its legislative purposes and to sustain the validity of a regional development agreement if the agreement was entered into under or in anticipation of this section. 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 1154 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 1154 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1. Nays: Wentworth. Absent-excused: Harris, Luna. CSSB 1154 was read third time and was passed by the following vote: Yeas 29, Nays 0. Absent-excused: Harris, Luna.



	SENATE RULE 11.18 SUSPENDED (Posting Rule) On motion of Senator Shapiro and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on State Affairs might consider SB 659 today. SENATE RULE 11.18 SUSPENDED (Posting Rule) On motion of Senator Cain and by unanimous consent, Senate Rule 11.18 was suspended in order that the Subcommittee on Infrastructure might consider the following bills and resolution today: SB 1328, SB 1598, SB 1672, SB 1677, SB 1679, SCR 47. MOTION TO ADJOURN On motion of Senator Truan and by unanimous consent, the Senate at 3:33 p.m. agreed to adjourn, upon completion of the introduction of bills and resolutions on first reading, in memory of Gary Clayton Puckett of Fort Davis and Sister Bernadette Marie Bahm, O.S.U., of Laredo, until 9:00 a.m. tomorrow. SENATE BILLS AND RESOLUTION ON FIRST READING The following bills and resolution were introduced, read first time, and referred to the committees indicated: SB 1887 by Shapleigh Relating to nutritional assistance for certain legal immigrants. To Committee on Human Services. SB 1888 by Truan Relating to the creation, administration, powers, duties, operation, and financing of the Red Sands Groundwater Conservation District in Hidalgo County. (Local Bill) To Committee on Natural Resources. SB 1889 by Nelson, Moncrief Relating to the regulation of pharmacy technicians. To Committee on Health Services. SB 1890 by Madla Relating to voter eligibility in Maverick County Water Control and Improvement District No. 1. To Committee on Intergovernmental Relations. SCR 72 by Ratliff Granting Dean Lumber Company, Inc., permission to sue the state and the Texas Natural Resource Conservation Commission. To Committee on Jurisprudence. HOUSE BILLS ON FIRST READING The following bills received from the House were read first time and referred to the committees indicated:



	HB 160 to Committee on State Affairs. HB 469 to Committee on Administration. HB 687 to Committee on Natural Resources. HB 734 to Committee on Jurisprudence. HB 751 to Committee on Criminal Justice. HB 801 to Committee on Natural Resources. HB 897 to Committee on Human Services. HB 1052 to Committee on State Affairs. HB 1420 to Committee on Health Services. HB 1689 to Committee on Education. HB 1748 to Committee on Health Services. HB 1870 to Committee on Criminal Justice. HB 1976 to Committee on State Affairs. HB 2284 to Committee on Economic Development. HB 2296 to Committee on Economic Development. HB 2354 to Committee on Jurisprudence. HB 2442 to Committee on Jurisprudence. HB 2573 to Committee on Health Services. HB 2615 to Committee on Finance. HB 2620 to Committee on Intergovernmental Relations. HB 3089 to Committee on State Affairs. HB 3091 to Committee on Administration. HB 3504 to Committee on Health Services. HB 3515 to Committee on Economic Development. HB 3651 to Subcommittee on Higher Education. HB 3778 to Committee on Human Services. MEMORIAL RESOLUTIONS SR 774 - by Shapleigh: In memory of Joseph Renick Hoover of El Paso. SR 777 - by Shapleigh: In memory of Ann E. Barbee of El Paso. SR 778 - by Shapleigh: In memory of Leo Cancellare of El Paso. SR 789 - by Bivins: In memory of O. G. "Speedy" Nieman of West Texas. CONGRATULATORY RESOLUTIONS SR 775 - by Shapleigh: Congratulating United States Army Major General Dennis Cavin of Fort Bliss. SR 776 - by Shapleigh: Congratulating Bob Snead of El Paso. SR 780 - by Barrientos: Congratulating David Christian Dismukes. SR 781 - by Barrientos: Congratulating Joshua Krezinski of Austin. SR 782 - by Barrientos: Congratulating Read Hoffman of Austin. SR 783 - by Barrientos: Congratulating Bradley Robicheaux of Austin. SR 784 - by Barrientos: Congratulating Jesse Robert Reeves Fowler of Austin. SR 785 - by Barrientos: Congratulating Josh Nelson of Austin.



	SR 786 - by Cain: Congratulating Joe Burks of the Tyler area. SR 787 - by Lucio: Congratulating Dr. Mary Elizabeth De Ferreire. SR 788 - by Shapiro, Haywood: Congratulating the trustees of the Kathryn Heard-Craig Center in McKinney. SR 790 - by Fraser: Congratulating the Lena Armstrong Public Library in Belton. ADJOURNMENT Pursuant to a previously adopted motion, the Senate at 3:35 p.m. adjourned, in memory of Gary Clayton Puckett of Fort Davis and Sister Bernadette Marie Bahm, O.S.U., of Laredo, until 9:00 a.m. tomorrow. APPENDIX COMMITTEE REPORTS The following committee reports were received by the Senate: April 29, 1999 FINANCE - CSSB 859, CSSB 1804 HUMAN SERVICES - CSSB 1391, CSHB 822, CSHB 875, CSHB 1514 STATE AFFAIRS - CSSB 1615 HUMAN SERVICES - CSSB 666, CSSB 983, CSSB 1591 HEALTH SERVICES - HB 1342 (Amended), CSHB 1400 INTERGOVERNMENTAL RELATIONS - SB 1881, SB 1442, SB 1443 (Amended), SB 1870, SB 1876, HB 2122, HB 614, HB 774, HB 1037 (Amended), HB 1110 (Amended), HB 1149, HB 1173, HB 1413, HB 1495, HB 1506 (Amended), HB 2110, HB 2398, HB 3790, CSHB 1362 ECONOMIC DEVELOPMENT - CSSB 168 BORDER AFFAIRS - HB 565 HEALTH SERVICES - CSSB 1618, CSSB 1207 EDUCATION - CSSB 1859, CSSB 590, SB 777, SB 1288, SB 1861, HB 888, HB 2181, HB 3319 ECONOMIC DEVELOPMENT - CSSB 506 NATURAL RESOURCES - SB 329 (Amended) SENT TO GOVERNOR April 29, 1999 SB 204, SB 276, SB 413, SB 812, SB 888, SCR 15, 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



	In Memory of Gary Clayton Puckett Senator Madla offered the following resolution: (Senate Resolution 779) WHEREAS, The Senate of the State of Texas joins the citizens of Fort Davis in mourning the loss of Gary Clayton Puckett, who died May 14, 1998, at the age of 49; and WHEREAS, Born October 10, 1949, in Fort Stockton, Texas, Gary was the first child of Eva Jane Warnock Puckett and Jerry Clayton Puckett; he graduated from Fort Stockton High School in 1968 and from Texas A&M University with a bachelor's degree in animal science in 1972; he attended graduate school classes studying feedlot management; and WHEREAS, Gary married Mary Holstein, his high school sweetheart, and the couple was blessed with a wonderful marriage and two fine sons, Worth and Matt Puckett; and WHEREAS, In 1976, Gary and his family moved to Fort Davis, when he became a partner in Barilla Mountain Ranch; a successful rancher and entrepreneur, Gary also established the Gary Puckett Fencing Company and built fences on many of the area ranches; and WHEREAS, An exemplary gentleman, Gary was dedicated to his work and was respected for his many accomplishments and his leadership in the community; he was a member of the Texas Sheep and Goat Raisers Association and the Texas Heritage Association and was a proud member of the Texas A&M Former Students Association and the Century Club; and WHEREAS, Gary had a special place in his heart for the young people of Fort Davis and was seen attending hundreds of events at the elementary school where his wife Mary teaches, as well as Little League ball games, high school sporting events, and college rodeos; and WHEREAS, Gary will be fondly remembered for his love of ranching and his willingness to share this love and knowledge with his family and friends; he was beloved by his family for the unending support and understanding he gave to each of them; and WHEREAS, A man of integrity, strength, and generosity, Gary gave unselfishly of his time to others, and his wisdom, warmth, and valued counsel will not be forgotten by those who knew him; and WHEREAS, Gary Puckett was a devoted husband, father, and grandfather who lived his life to the fullest, and he leaves behind memories that will be treasured forever by his family and many friends; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby extend sincere condolences to the bereaved family of Gary Clayton Puckett: his wife, Mary Holstein Puckett; his sons and daughter-in-law,



	Worth and Becky Puckett and Matt Puckett; his parents, Eva Jane and Jerry Clayton Puckett; his brother and sister, Roger Puckett and Leslye Jane Puckett Curnutt; and his two grandchildren, Clayton and Jacy Puckett; 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 Senate, and that when the Senate adjourns this day, it do so in memory of Gary Clayton Puckett. 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 Madla and by unanimous consent, the resolution was adopted by a rising vote of the Senate. Senator Madla was recognized and introduced to the Senate Jerry Clayton Puckett and Eva Jane Warnock Puckett, parents of Gary Clayton Puckett of Fort Davis. The Senate welcomed Mr. and Mrs. Puckett and extended its condolences.