The Senate met at 10:00 a.m. pursuant to adjournment and was called to order by the President.

The roll was called and the following Senators were present: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire, Zaffirini.

Absent-excused: Luna.

The President announced that a quorum of the Senate was present.

The Reverend Dr. Laura Mendenhall, Pastor, Westminster Presbyterian Church, Austin, offered the invocation as follows:

Almighty God, bless those who hold office to govern this fair state that they may do their work in a spirit of wisdom, kindness, and justice. Help them use their authority to promote the general welfare; that we may eliminate ways of living together which promote poverty, prejudice, or oppression; that peace may prevail with righteousness and justice with order; that men and women from various cultures and with differing talents may find with one another the fulfillment of all the goodness which You intend for all of us. Amen.

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

LEAVE OF ABSENCE

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

CO-AUTHOR OF SENATE BILL 471

On motion of Senator Lucio and by unanimous consent, Senator Wentworth will be shown as Co-author of SB 471.

MESSAGE FROM THE GOVERNOR

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

Austin, Texas

May 11, 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 STATE BOARD OF EXAMINERS OF MARRIAGE

AND FAMILY THERAPISTS:

For a term to expire February 1, 2003

Joe Ann Clack

15303 Willview Road

Missouri City, Texas 77489

(will be filling the unexpired term

of Gail Griffin Thomason of Harlingen

who resigned)

For terms to expire February 1, 2005

William H. Watson

5310 77th Street

Lubbock, Texas 79424

(replacing Noe Cavazos of

Edcouch whose term expired)

Jackie M. Weimer

2125 Treehouse Lane

Plano, Texas 75023

(replacing Harriet Rogers

of Houston whose term expired)

TO BE MEMBERS OF THE TEXAS EMANCIPATION JUNETEENTH CULTURAL AND HISTORICAL COMMISSION for terms to expire February 1, 2005:

Eddie Price Richardson

5540 19th Street #108

Lubbock, Texas 79407

(reappointment)

Stella Wilson Roland

1806 Celeste Circle

Austin, Texas 78721

(reappointment)

TO BE MEMBERS OF THE TEXAS STATE BOARD OF PHYSICAL THERAPY EXAMINERS for terms to expire January 31, 2005:

Sylvia A. Dávila

8 Kent Falls

San Antonio, Texas 78248

(replacing Martin Infante

of Laredo whose term expired)

Holly Ruth Hall

3116 Rex Cruse Apartment C

Sherman, Texas 75092

(replacing Sheila Flannery of

Rockwall whose term expired)

Michael Grady Hines

1308 Queenspark

Tyler, Texas 75703

(replacing Penny Butler Patterson

of Tyler whose term expired)

Mary Thompson, Ph.D.

961 East CR 94

Celina, Texas 75009

(replacing Theodis Ware of

Fort Worth whose term expired)

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

Pamela W. Baker

606 Meadowbrook

Corpus Christi, Texas 78412

(replacing Emanuel Bodner of

Houston whose term expired)

G. Al Bendeck

4424 88th Street

Lubbock, Texas 79424

(replacing Frank Ambriz of

McAllen whose term expired)

Stephen D. Benold, M.D.

4018 Malaga

Georgetown, Texas 78628

(replacing Joe Mendoza of Seymour

whose term expired)

TO BE MEMBERS OF THE MUNICIPAL RETIREMENT SYSTEM BOARD OF TRUSTEES for terms to expire February 1, 2005:

Patricia Hernandez

4201 Dimmitt Road #93

Plainview, Texas 79072

(replacing Isaac Valencia of

Corpus Christi whose term expired)

Isaac Duane Turner

3103 Kingsbury Drive

McKinney, Texas 75069

(replacing Stephen W. McCullough

of Irving whose term expired)

Respectfully submitted,

/s/George W. Bush

Governor

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 12, 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 435, Relating to the punishment for certain theft committed against elderly individuals.

HB 845, Relating to restrictions on certain representations by lobbyists.

HB 1545, Relating to accessibility standards at polling places and precinct convention places for the elderly and persons with physical disabilities.

HB 1777, Relating to the provision of local exchange telephone service in a municipality and the management by the municipality of public rights-of-way used by providers of that service.

HB 3009, Relating to investments and audits under the Public Funds Investment Act.

HB 3272, Relating to the enforcement and collection of child support.

HB 3584, Relating to dependent coverage under certain group health benefit plans.

HB 3650, Relating to reimbursement of expenses of jurors.

HCR 124, Designating the Asian Cultures Museum & Educational Center the Official State Museum of Asian Cultures.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

PERMISSION TO INTRODUCE BILL

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 bill: SB 1910.

CAPITOL PHYSICIANS

Senator Ogden was recognized and presented Drs. Antony Anderson and Greg Jennings of Bryan as the "Doctors for the Day."

The Senate welcomed Dr. Anderson and Dr. Jennings and thanked them for their participation in the "Capitol Physician" program sponsored by the Texas Academy of Family Physicians.

HOUSE BILL 2155 REREFERRED

Senator Harris submitted a Motion In Writing requesting that HB 2155 be withdrawn from the Committee on State Affairs and rereferred to the Committee on Administration.

The Motion In Writing prevailed without objection.

HOUSE BILL 597 REREFERRED

Senator Lucio submitted a Motion In Writing requesting that HB 597 be withdrawn from the Committee on Education and rereferred to the Committee on Natural Resources.

The Motion In Writing prevailed without objection.

SENATE BILL ON FIRST READING

The following bill was introduced, read first time, and referred to the committee indicated:

SB 1910 by Nelson

Relating to parental rights concerning students in public schools.

To Committee on Education

VOTE RECONSIDERED ON

SUSPENSION OF SENATE RULE 11.13

On motion of Senator Madla and by unanimous consent, the vote by which Senate Rule 11.13 was suspended yesterday, to allow all committees to meet while the Senate is meeting for the remainder of the week, was reconsidered.

Question-Shall Senate Rule 11.13 be suspended?

On motion of Senator Madla and by unanimous consent, the motion to suspend Senate Rule 11.13 was withdrawn.

CONCLUSION OF MORNING CALL

The President at 10:48 a.m. announced the conclusion of morning call.

SENATE BILL 1903 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:

SB 1903, Relating to the creation of a municipal court of record in Live Oak.

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

SENATE BILL 1903 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 SB 1903 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 1903 was read third time and was passed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

COMMITTEE SUBSTITUTE

SENATE BILL 941 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 941, Relating to the authority of mental health professionals to form certain jointly owned entities.

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

COMMITTEE SUBSTITUTE

SENATE BILL 941 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 941 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 941 was read third time and was passed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

GUESTS PRESENTED

Senator Haywood was recognized and introduced to the Senate representatives of Citizens Against Lawsuit Abuse (CALA).

Senator Haywood also introduced to the Senate his wife, Pat, and his grandson, Will Ratliff.

Senator Haywood further introduced to the Senate Jeff Green, Johna Green, and Mary Pat Ratliff, serving today as Honorary Senate Pages.

The Senate welcomed Mrs. Haywood and guests.

HOUSE BILL 3008 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 third reading:

HB 3008, Relating to credit in the Employees Retirement System of Texas for certain out-of-state service.

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

HOUSE BILL 3008 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 HB 3008 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 3008 was read third time and was passed by a viva voce vote.

(Senator Ogden in Chair)

SENATE RESOLUTION 954

Senator Lucio offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize Larry G. Adams on his retirement from 32 years of devoted service to public education in the State of Texas in June, 1999; and

WHEREAS, Mr. Adams is the Associate Band Director at Senator Eddie Lucio Middle School in the Brownsville Independent School District and has been a band director in Texas for 20 years; and

WHEREAS, An inspiring and gifted musician and educator, he has been the assistant to Mr. Cesar Mascorro for five years; and

WHEREAS, An exemplary role model to his students, Mr. Adams is noted for his hard work and dedication to his field; and

WHEREAS, Larry Adams is proud to serve in a school dedicated to Senator Eddie Lucio and to the senator's accomplishments in the field of public education in Texas; and

WHEREAS, A man of strength of character and high moral purpose, Larry Adams has encouraged young people to pursue excellence by developing their natural talents and abilities; and

WHEREAS, Both Mr. and Mrs. Adams have been untiring in their efforts to serve the young people of their schools; Elizabeth Adams is a music teacher at Russell Elementary School in the Brownsville Independent School District, and Larry and Elizabeth are the proud parents of two grown sons, Michael and Steven; and

WHEREAS, It is indeed fitting and appropriate that the Texas Senate join the students, faculty, and staff of Senator Eddie Lucio Middle School in paying tribute to the life of service of Larry Adams; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby commend and congratulate Larry G. Adams for his outstanding contributions to the education of the young people of Texas and wish him well in his retirement; and, be it further

RESOLVED, That a copy of this Resolution be prepared for him as an expression of the high regard of the Texas Senate.

The resolution was read.

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

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

GUESTS PRESENTED

Senator Lucio was recognized and introduced to the Senate Larry G. Adams of Brownsville, accompanied by Cesar Mascorro of Brownsville.

The Senate welcomed Mr. Adams and Mr. Mascorro.

SENATE BILL 393 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:

SB 393, Relating to the refund of certain overpaid unemployment compensation benefits by the recipients of those benefits.

The bill was read second time.

Senator Jackson offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 393, by replacing Subsection (e) on page 2, lines 9-11 and adding Subsection (f) to read as follows:

(e) Notwithstanding Subsections (a)-(d), the commission shall reduce by 50 percent any benefit payments otherwise payable during a claimant's current benefit year and shall collect the remaining balance of the overpayment under the procedure established under Subsection (c) if the commission determines that:

(1) the claimant received an overpayment solely as a result of accidental or negligent error on the part of the commission;

(2) the overpayment was not the result of a decision on appeal;

(3) the commission had not previously given notice to the claimant that an overpayment might result from an adverse decision on an issue affecting the claimant's entitlement to benefits; and

(4) recovery of the overpayment during the claimant's current benefit year at the time the overpayment is discovered would cause extraordinary and lasting financial hardship to the claimant.

(f) A claimant is entitled to a hearing in the manner provided by Chapter 212 for a disputed claim if the claimant:

(1) disputes the designation of any benefits received by that claimant as overpaid benefits; or

(2) disagrees with a determination made under Subsection (e).

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.

SENATE BILL 393 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 SB 393 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 393 was read third time and was passed by a viva voce vote.

GUESTS PRESENTED

Senator Zaffirini was recognized and introduced to the Senate a group of fifth- and sixth-grade students and their mothers from the Hispanic Mother-Daughter Programs of Thomas Jefferson Intermediate School in Beeville.

The Senate welcomed its guests.

COMMITTEE SUBSTITUTE

HOUSE BILL 749 ON SECOND READING

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

CSHB 749, Relating to the sale of certain items at a flea market; providing a penalty.

The bill was read second time.

(President in Chair)

Senator West offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 749 as follows:

In SECTION 1 of the bill, add the following new subsection (b)(4) immediately following Section 35.55(b)(3):

"(4) semiautomatic assault weapons as defined in Title 18 United States Code, 921(a)(30)."

and, add the following new subsection (i):

"A person selling items under section (b)(4) does not commit an offense under this section if the person complies with the national criminal background check system in the manner required by Title 18 United States Code, Section 922, as amended, before completing the sale."

The amendment was read.

Senator Nelson moved to table Floor Amendment No. 1.

On motion of Senator Nelson and by unanimous consent, the motion to table was withdrawn.

Question-Shall Floor Amendment No. 1 be adopted?

On motion of Senator West and by unanimous consent, Floor Amendment

No. 1 was withdrawn.

Question-Shall CSHB 749 be passed to third reading?

On motion of Senator Nelson and by unanimous consent, CSHB 749 was withdrawn from further consideration.

GUESTS PRESENTED

The President introduced to the Senate band members from Senator Eddie A. Lucio, Jr., Middle School in Brownsville.

The Senate welcomed its guests.

HOUSE BILL 1603 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 third reading:

HB 1603, Relating to the deferred disposition of certain misdemeanor offenses.

The bill was read second time.

Senator Harris offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 1603 by adding a new appropriately numbered SECTION to read as follows:

1. "SECTION . Chapter 45, Code of Criminal Procedure, is amended by adding article 45.542 to read as follows:

Article 45.542. FLAGRANT OFFENSES: MANDATORY DRIVER TRAINING.

(a) The court shall, on conviction of, or a plea of nolo contendere by, a person for an offense described by subsection (b), order the person to successfully complete a driving safety course, or, if the violation occurred while the person was operating a motorcycle, a motorcycle operator training course.

(b) Subsection (a) applies upon conviction of, or a plea of nolo contendere by, a person for:

(1) a violation of one of the following provisions of the Transportation Code:

(A) Section 545.066 (passing a school bus)

(B) Section 545.401 (reckless driving)

(C) Section 545.421 (fleeing or attempting to elude a police officer)

(D) Section 550.022 (accident involving damage to vehicle); or

(E) Section 550.023 (duty to give information and render aid); or

(2) speeding twenty-five miles per hour or more over the posted speed limit."

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 HB 1603 as follows:

1. Strike all of SECTION 3.

2. In SECTION 2, add new subsection (q) to read as follows:

"(q) Nothing in this article shall prevent a court from assessing a special expense for deferred disposition in the same manner as provided for in Article 45.54. For a deferred disposition under subsection (b)(1), the court may only collect a fee up to $10 in addition to any applicable court cost."

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 third reading by a viva voce vote.

HOUSE BILL 1603 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 HB 1603 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 1603 was read third time and was passed by a viva voce vote.

GUESTS PRESENTED

Senator Armbrister was recognized and introduced to the Senate Frank Sinatra, Jr., his wife, Cindy, and his father-in-law, Clint White.

The Senate welcomed its guests.

(Senator Moncrief in Chair)

SENATE BILL 1491 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 1491, Relating to amounts required to be deposited in the state treasury.

The bill was read second time.

Senator Duncan offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend SB 1491 as follows:

On page 1, line 6, after "(a)", delete "Fees" and insert "Unless otherwise specified by law, fees"

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

On motion of Senator Duncan 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 1491 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 1491 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 1491 was read third time and was passed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

SENATE BILL 429 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 429, Relating to participation in, contributions to, and benefits and administration of retirement systems for police officers in certain municipalities.

The bill was read second time.

Senator Barrientos offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 429 by striking all below the enacting clause and substituting the following:

SECTION 1. Section 3.02, Chapter 452, Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), is amended to read as follows:

Sec. 3.02. COMPOSITION OF BOARD. (a) The police retirement board shall be composed of 11 members as follows:

(1) one council member designated by the city council;

(2) the city manager or the city manager's designee;

(3) the director of finance or the director's designee;

(4) five [four ] police officer members elected by the police officer members of the system, each of whom serves [to serve ] for a term of four years[. Vacancies occurring by death, resignation, disability retirement, removal, or any other reason except retirement shall be filled for the remainder of the term by a police officer member appointed by the board; a police officer member who retires, except for disability retirement, will be eligible to complete the remainder of the member's term ];

(5) one [three ] legally qualified voter [voters ] of the city, resident for the preceding five years, to be appointed by the police retirement board to serve for a[. The ] term of [office of citizen members shall be ] four years[, ] and [each member shall continue to serve ] until the member's successor is duly selected and qualified[. Vacancies occurring by death, resignation, or removal shall be filled by appointment by the remaining members of the police retirement board ]; and

(6) two [one ] retired members [member ] to be elected by the retired members to serve for a[. The ] term of [office of such member shall be ] four years, with the term of one member expiring each odd-numbered year[. Such member shall continue to serve until the member's successor is duly elected and qualified. Vacancies

occurring by death, resignation, or removal of such retired member shall be filled by election by the retired members ].

(b) The terms of two members elected as described by Subsection (a)(4) of this section expire in 2001 and every fourth subsequent year, and the terms of three members elected as described by Subsection (a)(4) of this section expire in 2003 and every fourth subsequent year.

(c) A vacancy occurring by the death, resignation, or removal of the member appointed under Subsection (a)(5) of this section shall be filled by appointment by the remaining members of the police retirement board.

SECTION 2. Section 3.03, Chapter 452, Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), is amended to read as follows:

Sec. 3.03. [ELECTION OF ] POLICE OFFICER AND RETIRED MEMBERS OF BOARD. (a) The police officer members of the board shall be elected and shall serve in accordance with Subsections (b)-(e) of this section. [the following provisions: ]

(b) [ (1) ] Any police officer member is [shall be ] eligible to run in the election for a position on the board.

(c) [(2) Terms of office shall be four years. ] Members shall serve during the term for which they are elected and until their successors are elected and qualified, unless they are removed or their active service as police officers with the city is terminated for any reason other than service retirement. If a police officer member should elect service retirement under Article VI of this Act while serving the term for which the member is elected, the member shall continue to serve for the remainder of the term.

(d) [(3) ] A vacancy occurring by reason of removal, resignation, death, or any other reason [except retirement ] shall be filled for the remainder of the term by a police officer member appointed by the remaining members of the police retirement board.

(e) [(4) No later than the first day of November of each odd-numbered year, the board shall appoint an election committee. The election committee shall prepare the ballot containing the names of all eligible candidates.

[(5) The election committee shall publish a notice at least two weeks prior to the election date, informing all police officer members of the election and the names of the police officer members who have been certified as candidates.

[(6) ] Elections for police officer members shall be held on the first payday in December of each odd-numbered year. The police officers receiving the highest number of votes are [shall be deemed ] elected. In case of a tie vote, selection shall be by lot[.

[(7) The election committee shall canvass the returns, certify the results, and announce the official results of the election.

[(8) The police retirement board shall approve written procedures for the conduct of the election no later than August 1 of each odd-numbered year ].

(f) The retired members of the board shall be elected and shall serve in accordance with Subsections (g)-(j) of this section.

(g) Any retired member is eligible to run in the election for a position on the board.

(h) Retired members shall serve during the term for which they are elected and until their successors are elected and qualified.

(i) A vacancy occurring by reason of removal, resignation, or death shall be filled for the remainder of the term by a retired member appointed by the vote of a majority of the remaining members of the police retirement board.

(j) An election for retired members shall be held during the first week in December of each odd-numbered year. The retired member receiving the highest number of votes in an election is elected. In case of a tie vote, selection shall be by lot.

(k) The police retirement board shall approve written procedures for the conduct of all elections under this Act and shall certify and announce the results of each election.

SECTION 3. Section 5.02, Chapter 452, Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), is amended by adding Subsection (c) to read as follows:

(c) A member may not receive credit under this section for military service for which the person is receiving or is eligible to receive federal retirement payments based on 20 years or more of active military service or its equivalent by the member or for which the member has received credit in any other public retirement system or program established under the laws of this state.

SECTION 4. Section 5.04(a), Chapter 452, Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), is amended to read as follows:

(a) This section does not take effect unless the city council [irrevocably ] authorizes the city to begin making contributions to the police retirement system in accordance with Section 8.01(a) of this Act for police cadets during their employment as cadets while members of a cadet class. Police cadets whose cadet class begins after the city council makes the [irrevocable ] authorization shall make deposits to the police retirement system in accordance with Section 8.01(a) of this Act, and those cadets shall be members of the police retirement system and shall receive creditable service for employment as cadets while members of a cadet class, notwithstanding Sections 1.02(7), (18), and (21) of this Act.

SECTION 5. Sections 6.07(a) and (b), Chapter 452, Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas Civil Statutes), are amended to read as follows:

(a) The retroactive deferred retirement option plan, referred to as RETRO DROP, is an option a member eligible for service retirement based on 25 years of creditable service, excluding any military service established under Section 5.02 of this Act, [under Section 6.02 of this Act ] may elect at retirement subject to the conditions of this section. A member who elects RETRO DROP receives a lump sum and a monthly retirement benefit.

(b) The member shall select the RETRO DROP benefit computation date. The date:

(1) must be the last day of the month used for the purpose of determining the monthly retirement benefit;

(2) may not precede the date the member first became eligible for service retirement based on 25 years of creditable service, excluding [normal retirement date as defined by Section 1.02(19) of this Act, except that for purposes of this subsection, creditable service does not include ] any military service credit established under Section 5.02 of this Act; and

(3) may not precede the date of retirement by more than 36 months.

SECTION 6. The changes in law made by this Act in the composition of the police retirement board in certain municipalities apply to each vacancy on the board by an elected or citizen member of the board that occurs on or after the effective date of

this Act.

SECTION 7. This Act takes effect September 1, 1999.

SECTION 8. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.

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

On motion of Senator 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 429 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 429 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 429 was read third time and was passed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

HOUSE BILL 64 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 third reading:

HB 64, Relating to a Texas community investment program to assist certain businesses in distressed areas of the state.

The bill was read second time.

Senator Lucio offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend HB 64, 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 committee 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 third reading by a viva voce vote.

HOUSE BILL 64 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 HB 64 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 64 was read third time and was passed by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 1806 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 1806, Relating to critical incident stress debriefing of public safety employees.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1806 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 1806 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 1806 was read third time and was passed by a viva voce vote.

HOUSE BILL 1207 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 third reading:

HB 1207, Relating to benefits and administration of retirement systems for firefighters in certain municipalities.

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

HOUSE BILL 1207 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 HB 1207 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 1207 was read third time and was passed by a viva voce vote.

SENATE RESOLUTION 923

Senator Gallegos offered the following resolution:

WHEREAS, On May 12, 1999, marchers from Houston who want to commemorate all United States prisoners of war, those missing in action, war veterans, and our troops will walk up Congress Avenue to the State Capitol, and the Texas Senate is proud to recognize these intrepid Texans; and

WHEREAS, The walk begins on May 7, 1999, in Houston, and will include representatives from several veterans organizations, including American Legion posts, The Twenty and Four, Veterans of Foreign War posts, Texas Association of Former Marines, Marine Corps League, and the Texas Air National Guard; and

WHEREAS, The walk is intended to increase support for our prisoners of war, those missing in action, and our troops; residents of towns along the route will wear yellow ribbons and will join the march as it goes through town; and

WHEREAS, In 1997, estimates of those prisoners of war from the five wars during this century were over 100,000; this does not include those missing in action from the wars during the 20th century; and

WHEREAS, The group coming to Austin will be comprised of war veterans of Korea, Vietnam, and a World War II former prisoner of war; walkers are welcome to join the marchers anywhere along the route; and

WHEREAS, This march is an appropriate occasion for all Texans and all Americans to show their loyal support for the brave men and women who have defended our country and its ideals, security, and safety; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby commend the marchers, praise the heroic actions of all those war veterans from our country's five wars, and pause to remember the prisoners of war and those missing in action and who sacrificed so much for their country; and, be it further

RESOLVED, That a copy of this Resolution be prepared as an expression of the highest regard and esteem of the Texas Senate.

The resolution was read.

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

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

GUESTS PRESENTED

Senator Gallegos was recognized and introduced to the Senate representatives of various veterans organizations who participated in the walk from Houston.

The Senate welcomed its guests.

HOUSE BILL 347 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 third reading:

HB 347, Relating to the financing of certain eligible projects for criminal justice purposes.

The bill was read second time.

Senator Ogden offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend HB 347, in SECTION 2 of the bill, in proposed Section 361.052(b), Local Government Code, between "subchapter" and the period at the end of the section (page 2, line 24, house engrossment), by inserting ", except that an entity's obligations may be refunded by the issuance of bonds, as defined by the Bond Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil Statutes), that are payable from a pledge of ad valorem tax receipts only if the issuance of the bonds is approved by a majority of votes cast at an election conducted as provided by the Election Code".

The committee amendment was read.

Senator Ogden offered the following amendment to Committee Amendment No. 1:

Floor Amendment No. 1

Amend Committee Amendment No. 1 to HB 347 (Senate Committee Printing, page 1, lines 16-17) by striking "as provided by the Election Code" and substituting "in accordance with the bond election procedures established by Chapter 1, Title 22, Revised Statutes".

The amendment to Committee Amendment No. 1 was read and was adopted by a viva voce vote.

Question recurring on the adoption of Committee Amendment No. 1 as amended, the amendment as amended was adopted by a viva voce vote.

On motion of Senator Ogden 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 347 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 HB 347 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 347 was read third time and was passed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 12, 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 275, Honoring Dr. Barry B. Thompson, chancellor of The Texas A&M University System.

HCR 277, Relating to a legislative oversight committee with jurisdiction over the Lubbock County Hospital District's relationship to Texas Tech University Health Sciences Center.

SB 502, Relating to the use of the term "college" by certain educational institutions.

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

SB 748, Relating to home ownership counseling for displaced workers.

SB 1229, Relating to the compensation of presiding judges of administrative judicial regions.

SB 1797, Relating to services of a gas utility provided to a school district.

SCR 54, In memory of Ida Nance Studer of Fort Worth.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

BILLS AND RESOLUTIONS SIGNED

The Presiding Officer, Senator Moncrief in Chair, announced the signing of the following enrolled bills and resolutions in the presence of the Senate after the captions had been read:

SB 39, SB 95, SB 96, SB 183, SB 184, SB 324, SB 478, SB 501, SB 506, SB 525, SB 565, SB 643, SB 656, SB 712, SB 744, SB 787, SB 821, SB 894, SB 1049, SB 1132, SB 1308, SB 1388, SB 1480, SB 1607, SB 1706, SB 1857, SCR 17, SCR 27, SCR 65, HB 88, HB 152, HB 234, HB 264, HB 436, HB 510, HB 525, HB 565, HB 592, HB 605, HB 614, HB 670, HB 788, HB 833, HB 888, HB 924, HB 1063, HB 1074, HB 1121, HB 1149, HB 1173, HB 1355, HB 1413, HB 1495, HB 1539, HB 1982, HB 1985, HB 2122, HB 2181, HB 2332, HB 2398, HB 2442, HB 2465, HB 2932, HB 3157, HB 3271, HB 3319, HB 3591, HB 3790, HCR 21, HCR 23, HCR 31, HCR 51, HCR 179, HCR 208, HCR 255, HCR 262, HCR 263.

(President in Chair)

HOUSE CONCURRENT RESOLUTION 275

The President laid before the Senate the following resolution:

WHEREAS, Dr. Barry B. Thompson has devoted 41 years of his life to the education and service of Texans, and he is indeed worthy of special legislative recognition; and

WHEREAS, Since Dr. Thompson became chancellor of The Texas A&M University System in September 1994, the system has expanded its scope to include nine universities, eight state agencies, and a health science center; in forming The Texas A&M University System Health Science Center, he effectively combined all the system's health-related organizations under one administrative unit to increase cost-effectiveness and collaborative efforts; and

WHEREAS, Under Dr. Thompson's leadership, The Texas A&M University System serves 88,000 students and reaches 3.5 million people each year through outreach and continuing education programs; in his capacity as chancellor, Dr. Thompson oversees the A&M system's $1.6 billion budget and its more than 22,000 full-time faculty and staff members throughout the state; and

WHEREAS, Dr. Thompson is one of the chief advocates of access to higher education for all Texans, tirelessly leading efforts to provide scholarship funding for economically disadvantaged students; and

WHEREAS, Having spent 13 years working in both teaching and administrative positions in the Texas public school system, he is a champion of teacher benefits and of building strong partnerships between public schools and public institutions of higher education; and

WHEREAS, Along with leading both West Texas A&M University and Tarleton State University as president, he has served in administrative and faculty capacities at East Texas State University (now Texas A&M University-Commerce), the University of Texas-Pan American, and Texas A&M University; and

WHEREAS, During his term as chancellor, Dr. Thompson has refocused the mission of the A&M system back to one of serving grassroots Texans: the original land-grant university concept; and

WHEREAS, During the 75th Texas Legislature, he led the establishment of the Texas Higher Education Coalition and its "Back to Basics" funding effort, generating $594 million for increased partnerships between four-year universities, community colleges, and public schools to graduate more Texas college students, and he continues to lead the Texas Higher Education Coalition during the 76th Texas Legislature; and

WHEREAS, He formed the Council of School Executives, in conjunction with the Texas Education Agency, to create an ongoing dialogue between public school systems and higher education to better serve the youth of Texas and to make statewide recommendations and improvements regarding the education of students and teachers; this visionary gentleman also initiated a systemwide community development program in which A&M system institutions work hand-in-hand with Texas communities to solve problems; and

WHEREAS, A respected authority in his field, Dr. Thompson has published more than 80 articles, essays, and monographs on such topics as leadership, philosophy, archeology, physical plant management, and higher education; and

WHEREAS, He is personally dedicated to many charitable civic organizations, including United Way, the American Cancer Society, both the San Antonio and Houston Livestock Show and Rodeo associations, and the Boy Scouts of America, from which he received the prestigious Silver Beaver Award in 1999 for lifelong service; and

WHEREAS, Through his personal contacts and his more than 100 speeches each year, this noteworthy gentleman has caused many Texans to reevaluate their responsibilities to one another in terms of leadership, service, encouragement, and self-sacrifice; and

WHEREAS, Barry B. Thompson has made an indelible imprint on the face of higher education in Texas, and although he will be sorely missed after his retirement, his legacy of excellence will ensure that he is not soon forgotten; now, therefore, be it

RESOLVED, That the 76th Legislature of the State of Texas hereby pay tribute to Dr. Barry B. Thompson for his distinguished, productive career in education at all levels in this state, and particularly as chancellor of The Texas A&M University System, and extend to him sincere best wishes for a fulfilling and satisfying retirement; and, be it further

RESOLVED, That an official copy of this resolution be prepared for Dr. Thompson as an expression of high regard by the Texas House of Representatives and Senate.

OGDEN

The resolution was read.

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

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate Dr. Barry B. Thompson, Chancellor of The Texas A&M University System, and his wife, Sandra.

The Senate welcomed Chancellor and Mrs. Thompson.

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 Ogden: Mr. President and Members, this is a real privilege for me. I know we've had Chancellor Thompson and his wife on the floor now for about an hour and a half and I'm glad that you stayed. This is Dr. Thompson's 63rd birthday, and on this particular day I would like the Senate to take note of this man's outstanding performance to the State of Texas. He's been an educator for 41 years. Since becoming the Chancellor of The Texas A&M University System, he's expanded its scope to include nine universities, eight state agencies, and a health science center. Under Dr. Thompson's leadership, the university system serves 88,000 students and reaches 3.5 million people each year through outreach and continuing education programs and, I would say, it's probably higher than that. Dr. Thompson oversees a system with a $1.6 billion budget and 22,000 full-time faculty and staff members. One of the legacies to his leadership

is that he has been advocate of making sure that all Texans had access to higher education, and he's led efforts, Senator Truan, to provide scholarship funding for economically disadvantaged students. He has refocused the mission of the A&M system back to one of serving its grassroots and grassroot Texans, the original land grant university concept. He is a respected authority in his field. He has published more than 80 articles on just about every subject under the sun. He's personally dedicated to many charitable organizations including the Boy Scouts. I would like to say before I close that Barry Thompson is my friend. One of the things about Chancellor Thompson is that you know exactly where he is coming from. What you see is what you get. He shoots straight. I think one of the greatest contributions that he's made to The Texas A&M University System is that I don't think its reputation for honesty and fair-dealing and integrity has ever been higher than it is today. I think that's a tribute to your leadership, sir. He is joined today on the floor with his bride of 44 years, Sandra. Barry Thompson has made an indelible imprint on the face of higher education. He'll be sorely missed after his retirement, but he will not soon be forgotten.

Senator Truan: Thank you very much Mr. President, Members. Senator Ogden, I want to express appreciation for your being responsible for having my friend, the Chancellor of The Texas A&M University System, Dr. Barry Thompson, here and Mrs. Thompson. I think this is a wonderful opportunity to express our appreciation for the job well done with the A&M system. For us in South Texas, we have two component institutions, Senator, that would not have been possible if it had not been for the support of Dr. Barry Thompson as Chancellor of the A&M university system. We are benefiting greatly by being a part of the A&M system in South Texas. I want to add to what you said, Senator Ogden, our state is much better off and the A&M university system is much better off because we have had an outstanding educator and public servant who has dedicated himself to making sure the citizens of Texas understand what A&M has to offer. And on behalf of my constituents, I want to express my appreciation to them. Thank you Senator Ogden.

Senator Fraser: Senator, please allow me to join you in this resolution. Barry Thompson, I think a lot of people know, is from Kermit, Texas. I was a former Representative for Kermit; had the privilege of not only knowing him but his mother and dad. His dad was a superintendent for numerous years from Kermit. He has made West Texas proud. He is one of my favorite Texans. He's a great friend, and I want to join you in honoring Barry. Barry, you're a good friend, and we appreciate all you have done for the State of Texas.

Senator Moncrief: Senator Ogden, I'm sure you are already aware of this, in addition to being a very strong supporter of the entire A&M system that also includes Tarleton State University, which is my alma mater and, if I don't miss my guess, I think, Barry's as well. I think this is a special bloodline, one that he has carried forward with him in his role with this outstanding university system, one that is appreciated not only by myself but the many graduates of Tarleton. I join you in this resolution, in saluting a man and his better half that have given their all for this state and the folks in it. We thank them for their service. And thank you, Senator, for sponsoring.

Senator Cain: Thank you very much Mr. President. Members, I won't take a great deal of time, but I couldn't let the opportunity pass without saying something nice about Barry Thompson. It's not often I get a chance to say good things about Aggies. But, he really has meant so much to this state, not only with the A&M university system but as an educator and one who's devoted his life to education. We're real proud of him in Northeast Texas. Texas A&M-Commerce is part of the A&M system, and he has spent a great deal of time there. I've gotten to know him there in a lot better way and newer way. Also, I appreciate your leadership with Baylor College of Dentistry. It has really become, I think, a shining star in the A&M system as well, and it'll be even better. So, just thanks, congratulations to you on your birthday, and we hope you'll stay close to us.

Senator Bivins: Thank you Mr. President. Members, I would like to add my voice to the chorus of praises that the Chancellor is receiving today. He and his bride are from a very special place in my heart. Of course, he spent a lot of his career in God's country-the high plains of Texas, the Texas Panhandle-and came to what was then West Texas State University at a critical time in its history, a time where morale was low, the faculty was divided, the administration was at odds with just about everybody. He was as strong and powerful, a healing influence, as anyone I've ever seen in higher education, and that's where I became extremely impressed with Dr. Thompson. When it became known to me that he was being considered to be the Chancellor of the A&M university system, I didn't wait for anybody to call me. I picked up the phone and called, and I said I think this is a hell of a good idea, because he arrived at that school at a difficult time in its history as well. He has served well with a very, very steady hand and, I guess, that probably comes from being from West Texas. That's all I can figure out. I do want to add my voice to all those others who have praised him today, thank him for his public service, and join Senator Ogden in offering this resolution.

Senator Wentworth: Mr. President, I just want to say what a great Chancellor he has been for the system. It's been a privilege to work with him over the last several years. I think the Board of Regents was very wise in their selection of him. We're grateful for the decades of service and leadership that you provided the State of Texas, and we're here to honor you today. I'm glad to join Senator Ogden in this resolution honoring you and your wife. Thank you Mr. President.

Lieutenant Governor Perry: Barry, let me just add my congratulations to you on this resolution today, but make one statement. There have been a lot of big individuals walk across the floor of the Texas Senate in this history of this state. Some of them were big in stature, some of them weren't. But, I don't think there has been a person who has cast a longer nor a broader shadow on the Texas Senate than you, Barry. Your father and you have left an indelible mark on the children of the State of Texas. Saying thank you in a resolution really doesn't get it done, but it is a small way to say thank you from all of us that have received some of your love and your commitment to making this state a better place.

(Senator Sibley in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 923 ON SECOND 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 second reading and passage to engrossment:

CSSB 923, Relating to supervision of a vehicle operator holding an instruction permit; providing penalties.

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

HOUSE BILL 558 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 third reading:

HB 558, Relating to the requirement that state employees present proof of selective service registration or exemption.

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

HOUSE BILL 558 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 HB 558 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 558 was read third time and was passed by a viva voce vote.

HOUSE BILL 89 REREFERRED

Senator Sibley submitted a Motion In Writing requesting that HB 89 be withdrawn from the Committee on State Affairs and rereferred to the Committee on Economic Development.

The Motion In Writing prevailed without objection.

HOUSE BILL 145 REREFERRED

Senator Harris submitted a Motion In Writing requesting that HB 145 be withdrawn from the Committee on State Affairs and rereferred to the Committee on Jurisprudence.

The Motion In Writing prevailed without objection.

HOUSE JOINT RESOLUTION 16 REREFERRED

Senator Harris submitted a Motion In Writing requesting that HJR 16 be withdrawn from the Committee on State Affairs and rereferred to the Committee on Jurisprudence.

The Motion In Writing prevailed without objection.

(President in Chair)

CONFERENCE COMMITTEE ON HOUSE BILL 844

Senator Armbrister called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 844 and moved that the request be granted.

The motion prevailed.

The President asked if there were any motions to instruct the conference committee on HB 844 before appointment.

There were no motions offered.

Accordingly, the President announced the appointment of the following conferees on the part of the Senate on the bill: Senators Armbrister, Chair; Ratliff, Gallegos, Barrientos, and Brown.

HOUSE BILLS AND RESOLUTION ON FIRST READING

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

HB 435 to Committee on Criminal Justice.

HB 537 to Committee on Economic Development.

HB 1545 to Committee on State Affairs.

HB 1777 to Committee on Economic Development.

HB 3009 to Committee on State Affairs.

HB 3011 to Committee on Education.

HB 3132 to Committee on Natural Resources.

HB 3272 to Committee on Jurisprudence.

HB 3584 to Committee on Economic Development.

HB 3650 to Committee on Jurisprudence.

HCR 124 to Committee on Administration.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Bivins and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Education might consider the following bills and resolution today:

SCR 78, HB 2021, HB 2172, HB 2261, HB 2307, HB 2415, HB 2553, HB 3476, HB 3544, HB 3739, HB 3762.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Brown and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Natural Resources might consider the following bills today: HB 1265, HB 2272, HB 3281, HB 3814.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Brown, on behalf of Senator Harris, and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Administration might consider the following resolutions today:

HCR 111, HCR 12, HCR 267.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Ellis and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Jurisprudence might consider the following bills and resolution today:

HB 145, HB 1337, HB 2421, HB 3174, HJR 16.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Truan and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Veteran Affairs and Military Installations might consider the following bills and resolution today:

HB 1070, HB 3425, HCR 141.

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 HB 2510 today.

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 861, HB 1870.

NOTICE GIVEN FOR

LOCAL AND UNCONTESTED CALENDAR

Senator Harris announced that a Local and Uncontested Calendar had been furnished to each Member of the Senate. He then gave notice that the Local and Uncontested Calendar Session would be held upon completion of the meeting of the Committee of the Whole Senate tomorrow and that all bills and resolutions would be considered on second and third reading in the order in which they were listed.

MEMORIAL RESOLUTION

HCR 35 - (Cain): In memory of the Honorable Annette Strauss.

CONGRATULATORY RESOLUTIONS

SR 951 - by Zaffirini: Congratulating Hank Sames III of Laredo.

SR 952 - by Zaffirini: Congratualting Max A. Mandel of Laredo.

SR 953 - by Zaffirini: Congratulating Ruben Garibay of Laredo.

SR 957 - by Lucio: Congratulating Virginia Lee Bryant Cowen of Brownsville.

SR 958 - by Cain: Congratulating Matthew Hogan of Tyler.

SR 959 - by Cain: Congratulating Pat and Orvil Jones of Kaufman.

SR 960 - by Zaffirini: Congratulating Judge E. James Kazen of Laredo.

SR 961 - by Jackson: Congratulating the City of Shoreacres.

SR 962 - by Barrientos: Congratulating Bo Byers of Austin.

SR 963 - by Haywood: Congratulating the Oil Bowl Football Classic in Wichita Falls.

SR 964 - by Haywood: Congratulating Alison Lewis of Wichita Falls.

SR 965 - by Shapiro: Congratulating Bill Walsh of Dallas.

SR 966 - by Whitmire: Congratulating Maurice McGartha of Houston.

MISCELLANEOUS RESOLUTION

HCR 259 - (Ratliff): Declaring the second week of September Fire Ant Awareness Week in Texas.

ADJOURNMENT

On motion of Senator Truan, the Senate at 12:52 p.m. adjourned until 10:00 a.m. tomorrow.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

May 12, 1999

EDUCATION - CSHB 1952, CSHB 3158

FINANCE - CSSB 182, SB 713 (Amended), CSHB 1341

JURISPRUDENCE - CSHB 3207

FINANCE - CSHB 1837

STATE AFFAIRS - HB 442, HB 932, HB 1024, HB 1041, HB 1068, HB 1492, HB 1620, HB 1681, HB 1779, HB 1912, HB 1980, HB 2004, HB 2207, HB 2509, HB 2802, HB 3182, HB 3224, HJR 29, SB 1900

HUMAN SERVICES - CSHB 2641, HB 897, HB 908, HB 1459, HB 1797, HB 1854, HB 2148, HB 2170, HB 2966, HB 3740, HCR 96

NATURAL RESOURCES - HB 2205, HB 2926, HB 1187, HB 1552, HB 3401, HB 480, HB 3554, HB 3818, HB 2960, HB 3462, CSHB 3793, SB 1403 (Amended)

HEALTH SERVICES - SB 1906, HB 3423, HB 3083, HB 2636, HB 2453, HB 2382, HB 2013, HB 923, HB 765, HB 811

JURISPRUDENCE - HB 3130 (Amended)

FINANCE - CSHB 1810, CSHB 3211

SIGNED BY GOVERNOR

May 11, 1999

SCR 15, SCR 67

SENT TO SECRETARY OF STATE

May 12, 1999

SJR 16

SENT TO GOVERNOR

May 12, 1999

SB 254, SB 422, SB 494, SB 691, SB 769, SB 891, SB 1307, SB 1558, SB 1755