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, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire, Zaffirini.

Absent-excused: Haywood, Luna.

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

The Reverend Kevin Westergren, Pastor, Redeemer Lutheran Church, Austin, offered the invocation as follows:

Dear Lord, today we come to You again asking for Your guidance and wisdom on the decisions we face today. Give us the wisdom and courage we need to make decisions that will guide the people of this state and meet Your standards. You have promised to hear all those who call upon Your name and to support all who trust in You. Bless us and the work we will do this day in the name of our Lord. 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.

LEAVES OF ABSENCE

On motion of Senator Shapiro, Senator Haywood was granted leave of absence for today on account of important business.

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

CO-AUTHOR OF SENATE BILL 128

On motion of Senator Nelson and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 128.

(Senator Madla in Chair)

SENATE RESOLUTION 955

Senator Lucio offered the following resolution:

WHEREAS, Brownsville's Charro Days in the year 2000 will be commemorated with an official poster designed by internationally renowned artist Jose Salazar, and the Senate of the State of Texas is proud to recognize him for this endeavor; and

WHEREAS, Using his unique style to commemorate the millennium festivities, Mr. Salazar created "El Jarrito," which is his depiction of life along the border between the United States and Mexico; and

WHEREAS, Wanting to bring to life his interpretation of the cultures melding together to form a picture, Mr. Salazar used the Spanish saying, "Todo cave en un jarrito, sabiendolo acomodar" translated means "Everything fits in a jug, if you know how to arrange it properly" as the inspiration for the poster; and

WHEREAS, Loving art and drawing since he was a boy, Jose Salazar trained in Mexico City and has garnered international acclaim for his pallet knife paintings; his pieces have been exhibited worldwide, and he has studied with many of the masters of

this era; and

WHEREAS, As with any great masterpiece, he paints from the soul and each piece is distinctive; the details come to life as you sit and let the painting come to you, and his poster brings to life the relationship between the two cultures; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby commend Jose Salazar for his outstanding poster commemorating Charro Days in the year 2000; and, be it further

RESOLVED, That a copy of this Resolution be presented to Mr. Salazar as an expression of gratitude and 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 Jose Salazar of Mexico City, Mexico; Ralph Cowen of Charro Days, Incorporated; and Michael Puckett, Executive Director of Charro Days, Incorporated.

The Senate welcomed its guests.

SENATE RESOLUTION 1016

Senator Armbrister offered the following resolution:

BE IT RESOLVED by the Senate of the State of Texas, 76th Legislature, Regular Session, 1999, That Senate Rule 12.03 be suspended in part as provided by Senate Rule 12.08 to enable the conference committee appointed to resolve the differences on SB 1129 to consider and take action on the following specific matter:

Senate Rule 12.03(4) is suspended to permit the committee to add a new section to the bill to read as follows:

SECTION . Subsections (a) and (c), Section 845.301, Government Code, are amended to read as follows:

(a) The assets of the retirement system shall be invested and reinvested without distinction as to their source in accordance with Section 67, Article XVI, Texas Constitution. For purposes of the investment authority of the board of trustees under Section 67, Article XVI, Texas Constitution, "securities" means any investment instrument within the meaning of the term as defined by Section 4, The Securities Act (Article 581-4, Vernon's Texas Civil Statutes), 15 U.S.C. Section 77b(a)(1), or 15 U.S.C. Section 78c(a)(10). Investment decisions are subject to the standard provided in the Texas Trust Code by Section 113.056(a), Property Code.

(c) The board of trustees, acting on the recommendations of the investment officer, may contract with private professional investment managers to assist in investing the assets of the retirement system. The board of trustees also has the authority set forth in Section 802.204 to appoint investment managers for the retirement system, with the effect described by Section 802.203(c).

Explanation: This addition is necessary to clarify current law.

The resolution was read and was adopted by the following vote: Yeas 29, Nays 0.

Absent-excused: Haywood, Luna.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 19, 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 717, Relating to certain suits against firearms or ammunition manufacturers, trade associations, or sellers.

SJR 12, Proposing a constitutional amendment relating to the making of advances under and payment of a reverse mortgage.

(Committee Substitute)

SJR 26, Proposing a constitutional amendment relating to compensation for state employees serving as members of local governing boards.

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

SB 216

House Conferees: Walker - Chair/Dunnam/Hinojosa/Keel/Wise

SB 730

House Conferees: Van de Putte - Chair/Capelo/Gray/Hilderbran/Uresti

SB 801

House Conferees: Maxey - Chair/Bailey/Danburg/Marchant/Wolens

SB 1237

House Conferees: Van de Putte - Chair/Moreno, Joe/Smithee/Thompson/Uher

THE HOUSE HAS TAKEN THE FOLLOWING OTHER ACTION:

HB 1987

Pursuant to HCR 281, the governor has returned the bill to the house, and the speaker has removed his signature from the bill. The bill is hereby returned to the senate for further action.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate a group of students from Saint James' Episcopal School in Austin, accompanied by their teachers and principal.

The Senate welcomed its guests.

(President in Chair)

CONFERENCE COMMITTEE ON HOUSE BILL 1945

Senator Ratliff 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 1945 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 1945 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 Ratliff, Chair; Truan, Duncan, Moncrief, and Fraser.

CONFERENCE COMMITTEE ON HOUSE BILL 1676

Senator Ratliff 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 1676 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 1676 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 Ratliff, Chair; Truan, Duncan, Moncrief, and Fraser.

CONCLUSION OF MORNING CALL

The President at 10:27 a.m. announced the conclusion of morning call.

COMMITTEE SUBSTITUTE

SENATE BILL 1598 ON SECOND READING

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

CSSB 1598, Relating to nonrepairable and salvage motor vehicles.

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

vote.

COMMITTEE SUBSTITUTE

SENATE BILL 1598 ON THIRD READING

Senator Cain moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1598 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0.

Absent-excused: Haywood, Luna.

CSSB 1598 was read third time and was passed by a viva voce vote.

CAPITOL PHYSICIAN

Senator Ogden was recognized and presented Dr. Daniel Voss of Georgetown as the "Doctor for the Day."

The Senate welcomed Dr. Voss and thanked him for his participation in the "Capitol Physician" program sponsored by the Texas Academy of Family Physicians.

COMMITTEE SUBSTITUTE

SENATE BILL 326 ON THIRD READING

Senator Ellis asked unanimous consent to suspend the regular order of business to take up for consideration at this time on its third reading and final passage:

CSSB 326, Relating to the applicability of the death penalty to a capital offense committed by a person with mental retardation.

There was objection.

Senator Ellis then moved to suspend the regular order of business and take up CSSB 326 for consideration at this time.

The motion prevailed by the following vote: Yeas 21, Nays 8.

Yeas: Armbrister, Barrientos, Bivins, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Lindsay, Lucio, Madla, Moncrief, Ratliff, Shapleigh, Sibley, Truan, West, Whitmire, Zaffirini.

Nays: Bernsen, Brown, Jackson, Nelson, Nixon, Ogden, Shapiro, Wentworth.

Absent-excused: Haywood, Luna.

CSSB 326 was read third time and was passed by a viva voce vote.

RECORD OF VOTES

Senators Bernsen, Brown, Fraser, Jackson, Nelson, Ogden, Shapiro, and Wentworth asked to be recorded as voting "Nay" on the final passage of the bill.

(Senator Ellis in Chair)

HOUSE JOINT RESOLUTION 44 ON SECOND READING

Senator Truan asked unanimous consent to suspend the regular order of

business to take up for consideration at this time:

HJR 44, Proposing a constitutional amendment relating to the filling of a vacancy in the office of governor or lieutenant governor.

There was objection.

Senator Truan then moved to suspend the regular order of business and take up HJR 44 for consideration at this time.

The motion prevailed by the following vote: Yeas 28, Nays 1.

Nays: Gallegos.

Absent-excused: Haywood, Luna.

The resolution was read second time and was passed to third reading by the following vote: Yeas 28, Nays 1. (Same as previous roll call)

HOUSE JOINT RESOLUTION 44 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 HJR 44 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 1.

Nays: Gallegos.

Absent-excused: Haywood, Luna.

HJR 44 was read third time and was passed by the following vote: Yeas 28, Nays 1. (Same as previous roll call)

HOUSE BILL 3016 ON SECOND READING

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

HB 3016, Relating to health care utilization review agents.

The bill was read second time.

Senator Sibley offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 3016 by adding the following appropriately numbered SECTION and renumbering subsequent sections accordingly:

SECTION . Section 14(e), Article 21.58A, Insurance Code, is amended to read as follows:

(e) This article shall not apply to self-funded [the terms or benefits of ] employee welfare benefit plans as defined in Section 3(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1002(1)).

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

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

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

HOUSE BILL 3016 ON THIRD READING

Senator Sibley moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 3016 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0.

Absent-excused: Haywood, Luna.

HB 3016 was read third time and was passed by a viva voce vote.

SENATE BILL 480 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:

SB 480, Relating to the penalty for evading arrest or detention.

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

SENATE BILL 480 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 SB 480 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0.

Absent-excused: Haywood, Luna.

SB 480 was read third time and was passed by a viva voce vote.

GUESTS PRESENTED

Senator Harris was recognized and introduced to the Senate a delegation of the American Council of Young Political Leaders from the Republic of El Salvador.

The Senate welcomed its guests.

COMMITTEE SUBSTITUTE

HOUSE BILL 3504 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:

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

The bill was read second time.

Senator Ratliff offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 3504, adding an appropriately numbered SECTION to read as follows:

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

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

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

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

COMMITTEE SUBSTITUTE

HOUSE BILL 3504 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 CSHB 3504 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0.

Absent-excused: Haywood, Luna.

CSHB 3504 was read third time and was passed by the following vote: Yeas 29, Nays 0. (Same as previous roll call)

HOUSE BILL 156 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 third reading:

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

The bill was read second time.

Senator Wentworth offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 156, in SECTION 1 of the bill, amended Section 551.001(4), Government Code (Senate Committee Printing, page 1, lines 41 through 44), by striking the following:

The term does not include a gathering described by Paragraph (B) that is conducted by the Texas Transportation Commission or for which the Texas Transportation Commission is responsible.

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

Senator Wentworth offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 156, in SECTION 2 of the bill, amended Section 551.075(a)(1), Government Code (page 1, lines 56 through 58, Senate Committee Printing), by striking "potential investment by the Texas growth fund in a private business entity, if disclosure of the information would give advantage to a competitor; or" and

substituting:

"potential investment by the Texas growth fund in:

(A) a private business entity, if disclosure of the information would give advantage to a competitor; or

(B) a business entity whose securities are publicly traded, if the investment or potential investment is not required to be registered under the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.), and its subsequent amendments, and if disclosure of the information would give advantage to a competitor; or".

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

On motion of Senator Wemtworth 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.

(Senator Bivins in Chair)

HOUSE BILL 156 ON THIRD READING

Senator Wentworth moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 156 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0.

Absent-excused: Haywood, Luna.

HB 156 was read third time and was passed by the following vote: Yeas 29, Nays 0. (Same as previous roll call)

HOUSE BILL 595 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 third reading:

HB 595, Relating to allowing a governmental body to discuss its test questions in a closed meeting.

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

HOUSE BILL 595 ON THIRD READING

Senator Wentworth moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 595 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0.

Absent-excused: Haywood, Luna.

HB 595 was read third time and was passed by the following vote: Yeas 29, Nays 0. (Same as previous roll call)

(Senator Sibley in Chair)

HOUSE JOINT RESOLUTION 74 ON SECOND READING

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

HJR 74, Proposing a constitutional amendment to provide a four-year term for the commissioner of health and human services and to provide that the term runs concurrently with the term of the governor.

The resolution was read second time.

Senator Brown offered the following amendment to the resolution:

Floor Amendment No. 1

Amend HJR 74 by striking all below the resolving clause and substituting the following:

SECTION 1. Section 30, Article XVI, Texas Constitution, is amended by adding Subsection (e) to read as follows:

(e) If the legislature establishes an office, known as the office of the commissioner of health and human services or known by any other title, that is filled by appointment by the governor and that is the single governing office of the state agency responsible for coordinating the planning and delivery of health and human services by the state health and human services agencies, the person holding that office serves at the pleasure of the governor notwithstanding Subsection (a) of this section or any time limit prescribed by other law.

SECTION 2. The following temporary provision is added to the Texas Constitution:

TEMPORARY PROVISION. (a) This temporary provision applies to the constitutional amendment proposed by the 76th Legislature, Regular Session, 1999, that provides that the commissioner of health and human services serves at the pleasure of the governor.

(b) The person who holds office as the commissioner of health and human services on the effective date of that constitutional amendment is subject to that amendment.

(c) This temporary provision expires February 1, 2001.

SECTION 3. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 2, 1999. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment to provide that the commissioner of health and human services serves at the pleasure of the governor."

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

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

The resolution as amended was passed to third reading by a viva voce vote.

RECORD OF VOTE

Senator Harris asked to be recorded as voting "Nay" on the passage of the resolution to third reading.

HOUSE JOINT RESOLUTION 74 ON THIRD READING

Senator Brown moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HJR 74 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 1.

Nays: Harris.

Absent-excused: Haywood, Luna.

HJR 74 was read third time and was passed by the following vote: Yeas 28, Nays 1. (Same as previous roll call)

HOUSE BILL 820 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 third reading:

HB 820, Relating to review of certain children's continued eligibility for medical assistance.

The bill was read second time.

Senator Zaffirini offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 820 as follows:

(1) In SECTION 1 of the bill, in added Section 32.0251, Human Resources Code (committee printing, page 1, line 14), between "ELIGIBILITY" and "REVIEW", insert "NOTIFICATION AND".

(2) In SECTION 1 of the bill, in added Section 32.0251, Human Resources Code (committee printing, page 1, lines 23-26), strike Subsection (b) and substitute the following:

(b) If the review required by this section indicates that the child may be eligible for medical assistance on a basis other than receipt of financial assistance under Chapter 31, the department may provide for provisional eligibility for medical assistance for the child pending a recertification review. The provisional eligibility period authorized by this subsection may not exceed one month.

(c) In addition to the review required by this section, the department shall also promote continued medical assistance for a child described by Subsection (a) through:

(1) revising client education and notification policies relating to a child's eligibility for medical assistance; and

(2) providing specific notification of a child's potential eligibility for medical assistance to the child's parent or other caretaker at the time the parent or caretaker is notified of:

(A) a scheduled eligibility recertification review; or

(B) the termination of financial assistance.

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

Senator Ratliff offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 820, adding an appropriately numbered SECTION to read as follows:

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

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

On motion of Senator 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 third reading by a viva voce vote.

HOUSE BILL 820 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 HB 820 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0.

Absent-excused: Haywood, Luna.

HB 820 was read third time and was passed by the following vote: Yeas 29, Nays 0. (Same as previous roll call)

COMMITTEE SUBSTITUTE

HOUSE BILL 1513 ON SECOND READING

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

CSHB 1513, Relating to powers and duties of the Texas Health Care Information Council; providing penalties.

The bill was read second time.

Senator Moncrief offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 1513 (Committee Printing) on page 2, line 25 by deleting "Public use data may include some data elements submitted to the council" and replacing with "Public use data may exclude some data elements submitted to the council".

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

On motion of Senator Moncrief 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.

COMMITTEE SUBSTITUTE

HOUSE BILL 1513 ON THIRD READING

Senator Moncrief moved that Senate Rule 7.18 and the Constitutional Rule

requiring bills to be read on three several days be suspended and that CSHB 1513 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0.

Absent-excused: Haywood, Luna.

CSHB 1513 was read third time and was passed by a viva voce vote.

HOUSE JOINT RESOLUTION 16 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:

HJR 16, Proposing a constitutional amendment to authorize garnishment of wages for the enforcement of court-ordered spousal maintenance.

The resolution was read second time and was passed to third reading by the following vote: Yeas 24, Nays 3.

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

Nays: Bernsen, Bivins, Jackson.

Absent: Barrientos, Wentworth.

Absent-excused: Haywood, Luna.

HOUSE JOINT RESOLUTION 16 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 HJR 16 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 27, Nays 2.

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

Nays: Bivins, Jackson.

Absent-excused: Haywood, Luna.

HJR 16 was read third time and was passed by the following vote: Yeas 27, Nays 2. (Same as previous roll call)

HOUSE BILL 145 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 145, Relating to garnishment of wages for the enforcement of court-ordered spousal maintenance.

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

RECORD OF VOTES

Senators Bivins and Jackson asked to be recorded as voting "Nay" on the passage of the bill to third reading.

HOUSE BILL 145 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 145 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 27, Nays 2.

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

Nays: Bivins, Jackson.

Absent-excused: Haywood, Luna.

HB 145 was read third time and was passed by a viva voce vote.

RECORD OF VOTES

Senators Bivins and Jackson asked to be recorded as voting "Nay" on the final passage of the bill.

COMMITTEE SUBSTITUTE

HOUSE BILL 3211 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 third reading:

CSHB 3211, Relating to state fiscal matters.

The bill was read second time.

Senator Duncan offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 3211 (Senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering the subsequent SECTIONS appropriately:

SECTION . Section 62.022, Education Code, is amended to read as follows:

Sec. 62.022. [ADJUSTMENT OF ] ALLOCATION FORMULA. (a) Prior to the convening of the regular session of the Texas Legislature immediately preceding each 10-year period for which Section 17(d), Article VII, Texas Constitution, prescribes an allocation of the money appropriated by Section 17(a), Article VII, Texas Constitution, the coordinating board shall conduct, with the full participation of the eligible institutions, a study and present recommendations to the Legislative Budget Board and to the Texas House and Texas Senate standing committees having

jurisdiction over legislation related to higher education as to the allocation of the money appropriated by Section 17(a) for the following 10-year allocation period established by Section 17(d).

(b) Prior to the convening of the regular session of the Texas Legislature immediately preceding the sixth year of each 10-year allocation period established by Section 17(d), Article VII, Texas Constitution [in 1999 ], the coordinating board shall conduct, with the full participation of the eligible institutions, a study and present recommendations to the Legislative Budget Board and to the Texas House and Texas Senate standing committees having cognizance over legislation related to higher education as to whether and, if so, how, the equitable allocation formula established for that 10-year period should be adjusted for the last five years of the 10-year period [five-year period beginning September 1, 2000 ]. The coordinating board shall include in the study a survey of educational and general building quality, if the legislature provides funds for the survey.

(c)[(b) ] The legislature shall approve, modify and approve, or reject the recommendations of the coordinating board under Subsection (a) or (b).

(d)[(c) ] If, prior to the first day of the sixth year of a 10-year allocation period established by Section 17(d), Article VII, Texas Constitution [September 1, 2000 ], the Texas Legislature fails to act on a recommendation for adjustment in the equitable allocation formula, the 10-year allocation provided for in Section 62.021(a) shall continue until the end of the 10-year period.

(e)[(d) ] No adjustment shall be made in the allocation formula that will prevent payment of both the principal and interest on outstanding bonds and notes sold pursuant to Section 17(e), Article VII, Texas Constitution.

[(e) Prior to the convening of the regular session of the Texas Legislature in 2005, the coordinating board shall conduct, with the full participation of the eligible institutions, a study and present recommendations to the Legislative Budget Board and to the Texas House and Texas Senate standing committees having cognizance over legislation related to higher education as to the allocation of the funds appropriated by Section 17(a), Article VII, Texas Constitution, for the 10-year period beginning September 1, 2005. ]

(f) A review of the allocation formula conducted by the coordinating board under this section shall include:

(1) a comparison of the deferred maintenance needs of an institution of higher education and the extent to which the constitutionally dedicated funds were used to meet those needs; and

(2) an evaluation of the effectiveness of the allocation formula concerning deferred maintenance needs of those institutions.

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

Senator Duncan offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSHB 3211 (Senate committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering the subsequent SECTIONS appropriately:

SECTION . Section 26.006, Government Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:

(a) A county judge is entitled to an annual salary supplement from the state of $10,000 [$5,000 ] if at least 40 percent of the functions that the judge performs are judicial functions.

(c) The commissioners court in a county with a county judge who is entitled to receive a salary supplement under this section may not reduce the county funds provided for the salary or office of the county judge as a result of the salary supplement required by this section.

SECTION . Subchapter A, Chapter 26, Government Code, is amended by adding Sections 26.007 and 26.008 to read as follows:

Sec. 26.007. STATE CONTRIBUTION. (a) Beginning on the first day of the state fiscal year, the state shall annually compensate each county that collects the additional fees and costs under Section 51.703 in an amount equal to $5,000 if the county judge is entitled to an annual salary supplement from the state under Section 26.006.

(b) The amount shall be paid to the county's salary fund in equal monthly installments from funds appropriated from the judicial fund.

Sec. 26.008. EXCESS CONTRIBUTIONS. (a) At the end of each state fiscal year the comptroller shall determine the amounts deposited in the judicial fund under Section 51.703 and the amounts paid to the counties under Section 26.007. If the total amount paid under Section 51.703 by all counties that collect fees and costs under that section exceeds the total amount paid to the counties under Section 26.007, the state shall remit the excess to the counties that collect fees and costs under Section 51.703 proportionately based on the percentage of the total paid by each county.

(b) The amounts remitted under Subsection (a) shall be paid to the county's general fund to be used only for court-related purposes for the support of the judiciary as provided by Section 21.006.

SECTION . The heading to Section 51.702, Government Code, is amended to read as follows:

Sec. 51.702. ADDITIONAL FEES AND COSTS IN CERTAIN STATUTORY COUNTY COURTS.

SECTION . Subchapter H, Chapter 51, Government Code, is amended by adding Section 51.703 to read as follows:

Sec. 51.703. ADDITIONAL FEES AND COSTS IN CERTAIN COUNTY COURTS. (a) In addition to all other fees authorized or required by other law, the clerk of a county court with a judge who is entitled to an annual salary supplement from the state under Section 26.006 shall collect a $40 filing fee in each civil case filed in the court to be used for court-related purposes for the support of the judiciary.

(b) In addition to other court costs, a person shall pay $15 as a court cost on conviction of any criminal offense in a county court, including cases in which probation or deferred adjudication is granted. A conviction that arises under Chapter 521, Transportation Code, or a conviction under Subtitle C, Title 7, Transportation Code, is included, except that a conviction arising under any law that regulates pedestrians or the parking of motor vehicles is not included.

(c) Court costs and fees due under this section shall be collected in the same manner as other fees, fines, or costs are collected in the case.

(d) The clerk shall send the fees and costs collected under this section to the comptroller at least as frequently as monthly. The comptroller shall deposit the fees in the judicial fund.

(e) Section 51.320 applies to a fee or cost collected under this section.

SECTION . Section 51.703, Government Code, as added by this Act, applies only to filing fees for civil cases filed and to costs on convictions occurring on or after the effective date of this Act.

The 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 third reading by a viva voce vote.

COMMITTEE SUBSTITUTE

HOUSE BILL 3211 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 CSHB 3211 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0.

Absent-excused: Haywood, Luna.

CSHB 3211 was read third time and was passed by the following vote: Yeas 29, Nays 0. (Same as previous roll call)

HOUSE BILL 2512 ON SECOND READING

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

HB 2512, Relating to interlocutory orders and decisions used in adjudication of disputes regarding workers' compensation benefits and to reimbursement from the subsequent injury fund for overpayments of benefits made under those interlocutory orders or decisions.

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

HOUSE BILL 2512 ON THIRD READING

Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2512 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0.

Absent-excused: Haywood, Luna.

HB 2512 was read third time and was passed by a viva voce vote.

COMMITTEE SUBSTITUTE

HOUSE BILL 2171 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:

CSHB 2171, Relating to the establishment and operation of a medical committee or medical peer review committee by certain public and private entities.

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

COMMITTEE SUBSTITUTE

HOUSE BILL 2171 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 CSHB 2171 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0.

Absent-excused: Haywood, Luna.

CSHB 2171 was read third time and was passed by the following vote: Yeas 29, Nays 0. (Same as previous roll call)

HOUSE BILL 2401 ON SECOND READING

On motion of Senator Ellis 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 2401, Relating to the establishment of voluntary workforce training programs for certain students.

The bill was read second time.

Senator Lucio offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2401 as follows:

(1) In SECTION 2 of the bill, in added Section 61.851, Education Code, strike Subdivision (2) (senate committee report, page 3, lines 11-12) and renumber the subsequent subdivisions accordingly.

(2) In SECTION 2 of the bill, in added Section 61.851, Education Code, strike Subdivision (4) (senate committee report, page 3, lines 15-18) and substitute the following:

(3) "Tech-prep consortium" means a regional collaboration of school districts, institutions of higher education, businesses, labor organizations, and other participants to work together to effectively implement a regional tech-prep program.

(3) In SECTION 2 of the bill, in added Section 61.853, Education Code, strike Subsection (c) (senate committee report, page 3, lines 66-68) and substitute the following:

(c) According to the terms of a written agreement between a governing board and the fiscal agent, a consortium director shall be selected.

(4) In SECTION 2 of the bill, in added Section 61.853(d), Education Code (senate committee report, page 4, lines 5-6), strike "at the direction of the governing

board and".

(5) In SECTION 2 of the bill, in added Section 61.855(a), Education Code (senate committee report, page 4, line 32), strike "Subsection (c)" and substitute "Subsection (d)".

(6) In SECTION 2 of the bill, in added Section 61.855(b)(1), Education Code (senate committee report, page 4, line 38), following "Affairs;" insert "and".

(7) In SECTION 2 of the bill, in added Section 61.855(b)(2)(A)(ii), Education Code (senate committee report, page 4, line 57), following "amendments;", insert "or".

(8) In SECTION 2 of the bill, in added Section 61.855(b)(2)(B)(ii), Education Code (senate committee report, page 4, line 65), strike "education; or" and substitute "education.".

(9) In SECTION 2 of the bill, in added Section 61.855(b), Education Code, strike Paragraph (C) and Subdivision (3) (senate committee report, page 4, lines 66-68) and substitute the following:

(c) In addition to entities described by Subsection (b), a tech-prep consortium may include:

(1) an institution of higher education that awards a baccalaureate degree; and

(2) employers or labor organizations.

(10) In SECTION 2 of the bill, in added Section 61.855(c), Education Code (senate committee report, page 4, line 69), strike "(c)" and substitute "(d)".

(11) In SECTION 2 of the bill, in added Section 61.855(d), Education Code (senate committee report, page 5, line 62), strike "(d)" and substitute "(e)".

(12) In SECTION 2 of the bill, in added Section 61.855(d), Education Code (senate committee report, page 5, line 64), strike "Subsection (c)" and substitute "Subsection (d)".

(13) In SECTION 2 of the bill, in added Section 61.855(e), Education Code (senate committee report, page 5, line 65), strike "(e)" and substitute "(f)".

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

On motion of Senator Ellis 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 2401 ON THIRD READING

Senator Ellis moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2401 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0.

Absent-excused: Haywood, Luna.

HB 2401 was read third time and was passed by a viva voce vote.

HOUSE BILL 149 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 149, Relating to fees assessed on the filing of certain applications or

petitions for a writ of habeas corpus.

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

HOUSE BILL 149 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 149 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0.

Absent-excused: Haywood, Luna.

HB 149 was read third time and was passed by the following vote: Yeas 29, Nays 0. (Same as previous roll call)

COMMITTEE SUBSTITUTE

SENATE BILL 1098 ON SECOND READING

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

CSSB 1098, Relating to crew requirements for railroads.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1098 ON THIRD READING

Senator Cain moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1098 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0.

Absent-excused: Haywood, Luna.

CSSB 1098 was read third time and was passed by a viva voce vote.

HOUSE BILL 2631 ON SECOND READING

On motion of Senator Ellis 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 2631, Relating to a grant program for agricultural projects in certain public school districts.

The bill was read second time.

Senator Ellis offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2631, by adding SECTION 3 to read as follows:

"SECTION 3. This Act takes effect only if a specific appropriation for the implementation of this Act is provided in HB 1 (General Appropriations Act), Acts

of the 76th Legislature, Regular Session, 1999. If no specific appropriation is provided in HB 1, the General Appropriations Act, this Act has no effect."

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

On motion of Senator Ellis 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.

SENATOR ANNOUNCED PRESENT

Senator Haywood, who had previously been recorded as "Absent-excused," was announced "Present."

HOUSE BILL 2631 ON THIRD READING

Senator Ellis moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2631 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

HB 2631 was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)

HOUSE BILL 1544 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 1544, Relating to registration of engineering firms and to the publication by the Texas Board of Professional Engineers of a roster of engineers and engineering firms.

The bill was read second time.

Senator Madla offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 1544 in SECTION of the bill, in amended Section 20, The Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil Statutes), by inserting the following after amended Subsection (f):

(g) A person who claims an exemption from this Act under Subsection (a)(5) or (6) of this section who is determined to have directly or indirectly held the person out as legally qualified to engage in the practice of engineering may not claim an exemption under this section until the 10th anniversary of the date the person held the person out as qualified to engage in the practice of engineering.

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 third reading by a viva voce vote.

HOUSE BILL 1544 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 1544 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

HB 1544 was read third time and was passed by a viva voce vote.

HOUSE BILL 2997 ON SECOND READING

On motion of Senator Lindsay 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 2997, Relating to the recognition of certain symbols of the State of Texas and to the designation of various recognition days.

The bill was read second time.

Senator Lindsay offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2997 by deleting SECTION 2 and SECTION 4, and renumbering accordingly.

The amendment was read.

On motion of Senator Lindsay and by unanimous consent, Floor Amendment No. 1 was withdrawn.

Senator Shapleigh offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 2997 as follows:

In SECTION 2 of the bill, in Subsection (b), Article 6139b, Revised Statutes, strike "Individuals who are not citizens of this state should remain silent and stand at attention." (SENATE COMMITTEE REPORT, page 1, lines 27 and 28)

Strike SECTION 4 in its entirety (SENATE COMMITTEE REPORT, page 1, line 46 through page 2, line 13) and renumber the remaining sections accordingly.

Strike SECTION 9 in its entirety (SENATE COMMITTEE REPORT, page 2, lines 32-68) and renumber the remaining sections accordingly.

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

Senator Jackson offered the following amendment to the bill:

Floor Amendment No. 3

Amend SECTION 9 of HB 2997 to add proposed Section 662.050.

Sec. 622.050. STATE OF TEXAS ANNIVERSARY REMEMBRANCE DAY (STAR DAY). (a) February 19 is State of Texas Anniversary Remembrance Day (STAR Day) in honor of Texas joining the Union and the day that James Pinckney Henderson became the first governor of the State of Texas in 1846.

(b) State of Texas Anniversary Remembrance Day (STAR Day) shall be regularly observed by appropriate and patriotic programs in the public schools and other places to properly commemorate the annexation of this state and to inspire a greater appreciation for the history of this state.

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

On motion of Senator Lindsay 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.

RECORD OF VOTE

Senator Ellis asked to be recorded as "Present-not voting" on the passage of the bill to third reading.

HOUSE BILL 2997 ON THIRD READING

Senator Lindsay moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2997 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Present-not voting: Ellis.

Absent-excused: Luna.

HB 2997 was read third time and was passed by a viva voce vote.

RECORD OF VOTE

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

HOUSE BILL 2844 ON SECOND READING

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

HB 2844, Relating to the purposes for which the municipal hotel occupancy tax may be used.

The bill was read second time.

Senator Moncrief offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2844 by striking all below the enacting clause and substituting the following:

SECTION 1. Section 351.001(2), Tax Code, is amended to read as follows:

(2) "Convention center facilities" or "convention center complex" means facilities that are primarily used to host conventions and meetings. The term means civic centers, civic center buildings, auditoriums, and exhibition halls[, and coliseums ] that are owned by the municipality or other governmental entity or that are managed

in whole or part by the municipality. In a municipality with a population of 1.5 million or more, "convention center facilities" or "convention center complex" means civic centers, civic center buildings, auditoriums, exhibition halls, and coliseums that are owned by the municipality or other governmental entity or that are managed in part by the municipality, hotels owned by the municipality or a nonprofit municipally sponsored local government corporation created under Chapter 431, Transportation Code, within 1,000 feet of a convention center owned by the [a ] municipality [with a population of 1,500,000 or more ], or a historic hotel owned by the [a ] municipality or a nonprofit municipally sponsored local government corporation created under Chapter 431, Transportation Code, within one mile of a convention center owned by the [a ] municipality [with a population of 1,500,000 or more ]. The term includes parking areas or facilities that are for the parking or storage of conveyances and that are located at or in the vicinity of other convention center facilities. The term also includes a hotel owned by or located on land that is owned by an eligible central municipality or by a nonprofit corporation acting on behalf of an eligible central municipality and that is located within 1,000 feet of a convention center facility owned by the municipality.

SECTION 2. Section 351.102, Tax Code, is amended by adding Subsection (c) to read as follows:

(c) An eligible central municipality may pledge the revenue derived from the tax imposed under this chapter from a hotel project that is owned by or located on land owned by the municipality or by a nonprofit corporation acting on behalf of an eligible central municipality and that is located within 1,000 feet of a convention center facility owned by the municipality for the payment of bonds or other obligations issued or incurred to acquire, lease, construct, and equip the hotel and any facilities ancillary to the hotel, including shops and parking facilities. For bonds or other obligations issued under this subsection, an eligible central municipality may only pledge revenue or other assets of the hotel project benefiting from those bonds or other obligations.

SECTION 3. Section 2, Chapter 63, Acts of the 59th Legislature, Regular Session, 1965 (Article 1269j-4.1, Vernon's Texas Civil Statutes), is amended by adding Subsection (c) to read as follows:

(c) An eligible central municipality, as defined by Section 351.001, Tax Code, may establish, acquire, lease as lessee or lessor, purchase, construct, improve, enlarge, equip, repair, operate, or maintain a hotel, and any facilities ancillary to the hotel, including shops and parking facilities, that are owned by or located on land owned by the municipality or by a nonprofit corporation acting on behalf of an eligible central municipality and that is located within 1,000 feet of a convention center facility owned by the municipality. An eligible central municipality may also issue bonds or incur other obligations to acquire, lease, construct, or equip a hotel and any facilities ancillary to the hotel, including shops and parking facilities, that are owned by or located on land owned by the municipality or by a nonprofit corporation acting on behalf of an eligible central municipality and that is located within 1,000 feet of a convention center owned by the municipality.

SECTION 4. (a) This Act takes effect September 1, 1999.

(b) This Act does not apply to the use of tax revenue pledged to secure bonds issued before the effective date of this Act. Tax revenue pledged to secure bonds issued before the effective date of this Act is governed by the law in effect on the date the bonds were issued, and that law is continued in effect for that purpose.

(c) This Act does not apply to the use of tax revenue pledged or dedicated before the effective date of this Act for the acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities. Tax revenue pledged for these purposes before the effective date of this Act is governed by the law in effect on the date the revenue was pledged, and that law is continued in effect for that purpose.

(d) This Act does not apply to the use of tax revenue for a convention center complex that was under construction on the effective date of this Act, including the pledging of such revenue to secure bonds, additional bonds, and refunding bonds. Tax revenue used for a convention center complex that was under construction on the effective date of this Act is governed by the law in effect on April 1, 1999, and that law is continued in effect for that purpose.

SECTION 5. 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.

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

Floor Amendment No. 2

Amend Floor Amendment No. 1 to HB 2844, on page 2, line 54, by inserting "or minor league baseball stadium" between "convention center complex" and "that".

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

(President in Chair)

On motion of Senator Moncrief and by unanimous consent, further consideration of HB 2844 was postponed to a time certain of 2:00 p.m. today.

Question-Shall Floor Amendment No. 1 as amended to HB 2844 be adopted?

(Senator Truan in Chair)

HOUSE BILL 2175 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 third reading:

HB 2175, Relating to the regulation of the practice of chiropractic.

The bill was read second time.

Senator Armbrister offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend HB 2175 as follows:

(1) On page 1, line 9, strike "residence address,".

(2) On page 2, line 10, strike "Sections 19 and 19a" and substitute "Section 19".

(3) On page 2, line 12, strike "are" and substitute "is".

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

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2175 by adding the following appropriately numbered SECTIONS and renumbering existing SECTIONS of the bill appropriately:

SECTION . Chapter 94, Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), is amended by adding Section 5b to read as follows:

Sec. 5b. (a) Any person who owns, maintains, or operates any office or place of business where the person employs, directs, supervises, or otherwise controls, under any kind of contract whatsoever, any other person for the purpose of practicing chiropractic as defined in this Act, is deemed to be practicing chiropractic, is required to be duly licensed to practice chiropractic under this Act, and is subject to all of the provisions of this chapter, even though the person so employed, directed, supervised, or otherwise controlled is duly licensed to practice chiropractic under this Act.

(b) A violation of this section constitutes the unauthorized practice of chiropractic.

(c) The Board may institute suit in any district court of the county in which a violation of this section is alleged to have occurred to require compliance by injunctive procedures and to recover a civil penalty not to exceed $1,000 for each day that a violation of this section is found to have occurred, plus costs of court and reasonable attorney's fees. Civil penalties recovered shall be deposited in the general revenue fund. Attorney's fees and court costs shall be appropriated to the attorney general or the Board, as appropriate.

(d) Nothing in this section shall be construed to prevent a managed care organization, a professional association formed pursuant to the Texas Professional Association Act (Article 1528f, Vernon's Texas Civil Statutes), or the spouse of a deceased chiropractor who inherits a chiropractic facility from employing a licensed chiropractor, provided that such entity or person shall not directly or indirectly control or attempt to control or otherwise influence the professional judgment of a licensed chiropractor with regard to the diagnosis or treatment of a patient. In addition, nothing in this section shall be construed to prevent a licensed chiropractor from working for such an entity or person, provided that such entity or person shall not directly or indirectly control or attempt to control or otherwise influence the professional judgment of a licensed chiropractor with regard to the diagnosis or treatment of a patient.

(e) Nothing in this section shall be construed to prevent the administrator or executor of the estate of a deceased chiropractor or a person legally authorized to act for a mentally incompetent chiropractor from employing a licensed chiropractor to carry on the practice of the deceased or mentally incompetent chiropractor for a reasonable period of time, as determined by the Board, or otherwise concluding the affairs of the practice, including the sale of any remaining assets. In addition, nothing in this section shall be construed to prevent a licensed chiropractor from working for such person for the period of time during the administration of the estate or the period of incapacity.

(f) A nonlicensed person who owns, maintains, or operates a chiropractic facility in this state on September 1, 1999, and whose chiropractic facility is licensed pursuant to this Act on the effective date of this section shall not be required to be licensed to

practice chiropractic under this Act, but shall not be permitted to own, maintain, or operate any additional chiropractic facilities after September 1, 1999; provided, however, that nothing in this section shall be construed to prevent the relocation of an existing chiropractic facility.

SECTION . Section 12a, Chapter 94, Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), is amended to read as follows:

Sec. 12a. (a) The Board shall adopt rules for the licensing and regulation of owners or operators of chiropractic facilities as necessary to protect the public health, safety, and welfare. A rule adopted by the Board under this section must:

(1) specify the licensing requirements for a chiropractic facility;

(2) set out the structure of the facility licensing program; and

(3) provide that the Board shall issue one facility license to an owner of a chiropractic facility for each chiropractic facility location [without regard to the number of chiropractic facilities ] owned by the owner.

(b) The penalty provisions in Sections 14a and 14c of this Act shall apply to the owners of chiropractic facilities licensed under this section.

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

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

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

HOUSE BILL 2175 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 HB 2175 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

HB 2175 was read third time and was passed by a viva voce vote.

SENATE BILL 1906 ON SECOND READING

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

SB 1906, Relating to the creation of a privilege for dental records and communications with a dentist and to the availability of dental records.

The bill was read second time.

Senator Sibley offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 1906 as follows:

On committee printing page 3, line 32, between "patient" and ".", insert ", except that requests from the State Board of Dental Examiners may not be refused".

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

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

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

SENATE BILL 1906 ON THIRD READING

Senator Sibley moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1906 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

SB 1906 was read third time and was passed by a viva voce vote.

COMMITTEE SUBSTITUTE

HOUSE BILL 2641 ON SECOND READING

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

CSHB 2641, Relating to the continuation and functions of the Health and Human Services Commission.

There was objection.

Senator Brown then moved to suspend the regular order of business and take up CSHB 2641 for consideration at this time.

The motion prevailed by the following vote: Yeas 25, Nays 4.

Yeas: Armbrister, Bernsen, Bivins, Brown, Duncan, Ellis, Fraser, Gallegos, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Wentworth, West, Whitmire, Zaffirini.

Nays: Barrientos, Cain, Harris, Truan.

Absent: Carona.

Absent-excused: Luna.

The bill was read second time.

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 2641 by adding the following appropriately numbered section to the bill, and renumber the existing sections appropriately:

"SECTION . Section 459.003, Transportation Code, is amended by amending subsection (c) and adding subsection (e) to read as follows:

(c) A social services provider receiving information under Subsection (b) shall, not later than January 1 of each year, provide to the transportation provider and the department an inventory of current contracts and in-house capital resources for the provision of client transportation services within each transportation provider's service area or an area contiguous to the service area that is not served by a transportation provider.

(e) The department will compile a statewide database to document transportation expenses and track the number of instances in which social service contract dollars are actually awarded to a transit operator as a result of compliance with this section."

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 CSHB 2641 by adding the following appropriately numbered article and renumbering the subsequent articles accordingly:

ARTICLE . MEDICAID

SECTION .01. Subchapter B, Chapter 12, Health and Safety Code, is amended by adding Section 12.0123 to read as follows:

Sec. 12.0123. EXTERNAL AUDITS OF CERTAIN MEDICAID CONTRACTORS. (a) In this section, "Medicaid contractor" means an entity that:

(1) is not a health and human services agency as defined by Section 531.001, Government Code; and

(2) under contract with or otherwise on behalf of the department, performs one or more administrative services in relation to the department's operation of a part of the state Medicaid program, such as claims processing, utilization review, client enrollment, provider enrollment, quality monitoring, or payment of claims.

(b) The department shall contract with an independent auditor to perform annual independent external financial and performance audits of any Medicaid contractor used by the department in the department's operation of a part of the state Medicaid program.

(c) The department shall ensure that audit procedures related to financial audits and performance audits are used consistently in audits under this section.

(d) An audit required by this section must be completed before the end of the fiscal year immediately following the fiscal year for which the audit is performed.

SECTION .02. Section 533.003, Government Code, is amended to read as follows:

Sec. 533.003. CONSIDERATIONS IN AWARDING CONTRACTS. In awarding contracts to managed care organizations, the commission shall:

(1) give preference to organizations that have significant participation in the organization's provider network from each health care provider in the region who has traditionally provided care to Medicaid and charity care patients;

(2) give extra consideration to organizations that agree to assure continuity of care for at least three months beyond the period of Medicaid eligibility for recipients; [and ]

(3) consider the need to use different managed care plans to meet the needs of different populations; and

(4) consider the ability of organizations to process Medicaid claims electronically.

SECTION .03. Section 533.004, Government Code, is amended by amending Subsection (a) and adding Subsection (e) to read as follows:

(a) In providing health care services through Medicaid managed care to recipients in a health care service region, the commission shall contract with a [at least

one ] managed care organization in that region that is licensed under the Texas Health Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance Code) to provide health care in that region and that is:

(1) wholly owned and operated by a hospital district in that region;

(2) created by a nonprofit corporation that:

(A) has a contract, agreement, or other arrangement with a hospital district in that region or with a municipality in that region that owns a hospital licensed under Chapter 241, Health and Safety Code, and has an obligation to provide health care to indigent patients; and

(B) under the contract, agreement, or other arrangement, assumes the obligation to provide health care to indigent patients and leases, manages, or operates a hospital facility owned by the hospital district or municipality; or

(3) created by a nonprofit corporation that has a contract, agreement, or other arrangement with a hospital district in that region under which the nonprofit corporation acts as an agent of the district and assumes the district's obligation to arrange for services under the Medicaid expansion for children as authorized by Chapter 444, Acts of the 74th Legislature, Regular Session, 1995.

(e) In providing health care services through Medicaid managed care to recipients in a health care service region, with the exception of the Harris service area for the STAR Medicaid managed care program, as defined by the commission as of September 1, 1999, the commission shall also contract with a managed care organization in that region that holds a certificate of authority as a health maintenance organization under Section 5, Texas Health Maintenance Organization Act (Article 20A.05, Vernon's Texas Insurance Code), and that:

(1) is certified under Section 5.01(a), Medical Practice Act (Article 4495b, Vernon's Texas Civil Statutes);

(2) is created by The University of Texas Medical Branch at Galveston; and

(3) has obtained a certificate of authority as a health maintenance organization to serve one or more counties in that region from the Texas Department of Insurance before September 2, 1999.

SECTION .04. Section 533.005, Government Code, is amended to read as follows:

Sec. 533.005. REQUIRED CONTRACT PROVISIONS. A contract between a managed care organization and the commission for the organization to provide health care services to recipients must contain:

(1) procedures to ensure accountability to the state for the provision of health care services, including procedures for financial reporting, quality assurance, utilization review, and assurance of contract and subcontract compliance;

(2) capitation and provider payment rates that ensure the cost-effective provision of quality health care;

(3) a requirement that the managed care organization provide ready access to a person who assists recipients in resolving issues relating to enrollment, plan administration, education and training, access to services, and grievance procedures;

(4) a requirement that the managed care organization provide ready access to a person who assists providers in resolving issues relating to payment, plan administration, education and training, and grievance procedures;

(5) a requirement that the managed care organization provide information and referral about the availability of educational, social, and other community services that could benefit a recipient;

(6) procedures for recipient outreach and education;

(7) a requirement that the managed care organization make payment to a physician or provider for health care services rendered to a recipient under a managed care plan not later than the 45th day after the date a claim for payment is received with documentation reasonably necessary for the managed care organization to process the claim, or within a period, not to exceed 60 days, specified by a written agreement between the physician or provider and the managed care organization;

(8) a requirement that the commission, on the date of a recipient's enrollment in a managed care plan issued by the managed care organization, inform the organization of the recipient's Medicaid certification [recertification ] date; and

(9) a requirement that the managed care organization comply with Section 533.006 as a condition of contract retention and renewal.

SECTION .05. Section 533.006(a), Government Code, is amended to read as follows:

(a) The commission shall require that each managed care organization that contracts with the commission to provide health care services to recipients in a region:

(1) seek participation in the organization's provider network from:

(A) each health care provider in the region who has traditionally provided care to Medicaid recipients; [and ]

(B) each hospital in the region that has been designated as a disproportionate share hospital under the state Medicaid program; and

(C) each specialized pediatric laboratory in the region, including those laboratories located in children's hospitals; and

(2) include in its provider network for not less than three years:

(A) each health care provider in the region who:

(i) previously provided care to Medicaid and charity care recipients at a significant level as prescribed by the commission;

(ii) agrees to accept the prevailing provider contract rate of the managed care organization; and

(iii) has the credentials required by the managed care organization, provided that lack of board certification or accreditation by the Joint Commission on Accreditation of Healthcare Organizations may not be the sole ground for exclusion from the provider network;

(B) each accredited primary care residency program in the region; and

(C) each disproportionate share hospital designated by the commission as a statewide significant traditional provider.

SECTION .06. Section 533.007(e), Government Code, is amended to read as follows:

(e) The commission shall conduct a compliance and readiness review of each managed care organization that contracts with the commission not later than the 15th day before the date on which the commission plans to begin the enrollment process in a region and again not later than the 15th day before the date on which the commission plans to begin to provide health care services to recipients in that region through managed care. The review must include an on-site inspection and tests of service authorization and claims payment systems, including the ability of the managed care organization to process claims electronically, complaint processing systems, and any other process or system required by the contract.

SECTION .07. Section 533.0075, Government Code, is amended to read as follows:

Sec. 533.0075. RECIPIENT ENROLLMENT. The commission shall:

(1) encourage recipients to choose appropriate managed care plans and primary health care providers by:

(A) providing initial information to recipients and providers in a region about the need for recipients to choose plans and providers not later than the 90th day before the date on which the commission plans to begin to provide health care services to recipients in that region through managed care;

(B) providing follow-up information before assignment of plans and providers and after assignment, if necessary, to recipients who delay in choosing plans and providers; and

(C) allowing plans and providers to provide information to recipients or engage in marketing activities under marketing guidelines established by the commission under Section 533.008 after the commission approves the information or activities;

(2) consider the following factors in assigning managed care plans and primary health care providers to recipients who fail to choose plans and providers:

(A) the importance of maintaining existing provider-patient and physician-patient relationships, including relationships with specialists, public health clinics, and community health centers;

(B) to the extent possible, the need to assign family members to the same providers and plans; and

(C) geographic convenience of plans and providers for recipients; [and ]

(3) retain responsibility for enrollment and disenrollment of recipients in managed care plans, except that the commission may delegate the responsibility to an independent contractor who receives no form of payment from, and has no financial ties to, any managed care organization;

(4) develop and implement an expedited process for determining eligibility for and enrolling pregnant women and newborn infants in managed care plans;

(5) ensure immediate access to prenatal services and newborn care for pregnant women and newborn infants enrolled in managed care plans, including ensuring that a pregnant woman may obtain an appointment with an obstetrical care provider for an initial maternity evaluation not later than the 30th day after the date the woman applies for Medicaid; and

(6) temporarily assign Medicaid-eligible newborn infants to the traditional fee-for-service component of the state Medicaid program for a period not to exceed the earlier of:

(A) 60 days; or

(B) the date on which the Texas Department of Human Services has completed the newborn's Medicaid eligibility determination, including assignment of the newborn's Medicaid eligibility number.

SECTION .08. Subchapter A, Chapter 533, Government Code, is amended by adding Sections 533.012-533.015 to read as follows:

Sec. 533.012. MORATORIUM ON IMPLEMENTATION OF CERTAIN PILOT PROGRAMS; REVIEW; REPORT. (a) Notwithstanding any other law, the commission may not implement Medicaid managed care pilot programs, Medicaid behavioral health pilot programs, or Medicaid Star + Plus pilot programs in a region for which the commission has not:

(1) received a bid from a managed care organization to provide health care services to recipients in the region through a managed care plan; or

(2) entered into a contract with a managed care organization to provide health care services to recipients in the region through a managed care plan.

(b) The commission shall:

(1) review any outstanding administrative and financial issues with respect to Medicaid managed care pilot programs, Medicaid behavioral health pilot programs, and Medicaid Star + Plus pilot programs implemented in health care service regions;

(2) review the impact of the Medicaid managed care delivery system, including managed care organizations, prepaid health plans, and primary care case management, on:

(A) physical access and program-related access to appropriate services by recipients, including recipients who have special health care needs;

(B) quality of health care delivery and patient outcomes;

(C) utilization patterns of recipients;

(D) statewide Medicaid costs;

(E) coordination of care and care coordination in Medicaid Star + Plus pilot programs;

(F) the level of administrative complexity for providers, recipients, and managed care organizations;

(G) public hospitals, medical schools, and other traditional providers of indigent health care; and

(H) competition in the marketplace and network retention; and

(3) evaluate the feasibility of developing a separate reimbursement methodology for public hospitals under a Medicaid managed care delivery system.

(c) In performing its duties and functions under Subsection (b), the commission shall seek input from the state Medicaid managed care advisory committee created under Subchapter C. The commission may coordinate the review required under Subsection (b) with any other study or review the commission is required to complete.

(d) Notwithstanding Subsection (a), the commission may implement Medicaid managed care pilot programs, Medicaid behavioral health pilot programs, and Medicaid Star + Plus pilot programs in a region described by that subsection if the commission finds that:

(1) outstanding administrative and financial issues with respect to the implementation of those programs in health care service regions have been resolved; and

(2) implementation of those programs in a region described by Subsection (a) would benefit both recipients and providers.

(e) Not later than November 1, 2000, the commission shall submit a report to the governor and the legislature that:

(1) states whether the outstanding administrative and financial issues with respect to the pilot programs described by Subsection (b)(1) have been sufficiently resolved;

(2) summarizes the findings of the review conducted under Subsection (b);

(3) recommends which elements of the Medicaid managed care delivery system should be applied to the traditional fee-for-service component of the state Medicaid program to achieve the goals specified in Section 533.002(1); and

(4) recommends whether Medicaid managed care pilot programs, Medicaid behavioral health pilot programs, or Medicaid Star + Plus pilot programs should be implemented in health care service regions described by Subsection (a).

(f) To the extent practicable, this section may not be construed to affect the duty of the commission to plan the continued expansion of Medicaid managed care pilot programs, Medicaid behavioral health pilot programs, and Medicaid Star + Plus pilot programs in health care service regions described by Subsection (a) after July 1, 2001.

(g) This section expires July 1, 2001.

Sec. 533.013. PREMIUM PAYMENT RATE DETERMINATION; REVIEW AND COMMENT. (a) In determining premium payment rates paid to a managed care organization under a managed care plan, the commission shall consider:

(1) the regional variation in costs of health care services;

(2) the range and type of health care services to be covered by premium payment rates;

(3) the number of managed care plans in a region;

(4) the current and projected number of recipients in each region, including the current and projected number for each category of recipient;

(5) the ability of the managed care plan to meet costs of operation under the proposed premium payment rates;

(6) the applicable requirements of the federal Balanced Budget Act of 1997 and implementing regulations that require adequacy of premium payments to managed care organizations participating in the state Medicaid program;

(7) the adequacy of the management fee paid for assisting enrollees of Supplemental Security Income (SSI) (42 U.S.C. Section 1381 et seq.) who are voluntarily enrolled in the managed care plan;

(8) the impact of reducing premium payment rates for the category of recipients who are pregnant; and

(9) the ability of the managed care plan to pay under the proposed premium payment rates inpatient and outpatient hospital provider payment rates that are comparable to the inpatient and outpatient hospital provider payment rates paid by the commission under a primary care case management model or a partially capitated model.

(b) In determining the maximum premium payment rates paid to a managed care organization that is licensed under the Texas Health Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance Code), the commission shall consider and adjust for the regional variation in costs of services under the traditional fee-for-service component of the state Medicaid program, utilization patterns, and other factors that influence the potential for cost savings. For a service area with a service area factor of .93 or less, or another appropriate service area factor, as determined by the commission, the commission may not discount premium payment rates in an amount that is more than the amount necessary to meet federal budget neutrality requirements for projected fee-for-service costs unless:

(1) a historical review of managed care financial results among managed care organizations in the service area served by the organization demonstrates that additional savings are warranted;

(2) a review of Medicaid fee-for-service delivery in the service area served by the organization has historically shown a significant overutilization by recipients of certain services covered by the premium payment rates in comparison to utilization patterns throughout the rest of the state; or

(3) a review of Medicaid fee-for-service delivery in the service area served by the organization has historically shown an above-market cost for services for which

there is substantial evidence that Medicaid managed care delivery will reduce the cost of those services.

(c) The premium payment rates paid to a managed care organization that is licensed under the Texas Health Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance Code) shall be established by a competitive bid process but may not exceed the maximum premium payment rates established by the commission under Subsection (b).

(d) Subsection (b) applies only to a managed care organization with respect to Medicaid managed care pilot programs, Medicaid behavioral health pilot programs, and Medicaid Star + Plus pilot programs implemented in a health care service region after June 1, 1999.

Sec. 533.014. PROFIT SHARING. (a) The commission shall adopt rules regarding the sharing of profits earned by a managed care organization through a managed care plan providing health care services under a contract with the commission under this chapter.

(b) Any amount received by the state under this section shall be deposited in the general revenue fund for the purpose of funding the state Medicaid program.

Sec. 533.015. COORDINATION OF EXTERNAL OVERSIGHT ACTIVITIES. To the extent possible, the commission shall coordinate all external oversight activities to minimize duplication of oversight of managed care plans under the state Medicaid program and disruption of operations under those plans.

SECTION .09. Chapter 533, Government Code, is amended by adding Subchapter C to read as follows:

SUBCHAPTER C. STATEWIDE ADVISORY COMMITTEE

Sec. 533.041. APPOINTMENT AND COMPOSITION. (a) The commission shall appoint a state Medicaid managed care advisory committee. The advisory committee consists of representatives of:

(1) hospitals;

(2) managed care organizations;

(3) primary care providers;

(4) state agencies;

(5) consumer advocates representing low-income recipients;

(6) consumer advocates representing recipients with a disability;

(7) parents of children who are recipients;

(8) rural providers;

(9) advocates for children with special health care needs;

(10) pediatric health care providers, including specialty providers;

(11) long-term care providers, including nursing home providers;

(12) obstetrical care providers;

(13) community-based organizations serving low-income children and their families; and

(14) community-based organizations engaged in perinatal services and outreach.

(b) The advisory committee must include a member of each regional Medicaid managed care advisory committee appointed by the commission under Subchapter B.

Sec. 533.042. MEETINGS. The advisory committee shall meet at least quarterly and is subject to Chapter 551.

Sec. 533.043. POWERS AND DUTIES. The advisory committee shall:

(1) provide recommendations to the commission on the statewide implementation and operation of Medicaid managed care;

(2) assist the commission with issues relevant to Medicaid managed care to improve the policies established for and programs operating under Medicaid managed care, including the early and periodic screening, diagnosis, and treatment program, provider and patient education issues, and patient eligibility issues; and

(3) disseminate or make available to each regional advisory committee appointed under Subchapter B information on best practices with respect to Medicaid managed care that is obtained from a regional advisory committee.

Sec. 533.044. OTHER LAW. Except as provided by this subchapter, the advisory committee is subject to Chapter 2110.

SECTION .10. Section 2.07(c), Chapter 1153, Acts of the 75th Legislature, Regular Session, 1997, is amended to read as follows:

(c) As soon as possible after development of the new provider contract, the commission and each agency operating part of the state Medicaid program by rule shall require each provider who enrolled in the program before completion of the new contract to reenroll in the program under the new contract or modify the provider's existing contract in accordance with commission or agency procedures as necessary to comply with the requirements of the new contract. The commission shall study the feasibility of authorizing providers to reenroll in the program online or through other electronic means. On completion of the study, if the commission determines that an online or other electronic method for reenrollment of providers is feasible, the commission shall develop and implement the electronic method of reenrollment for providers not later than September 1, 2000. A provider must reenroll in the state Medicaid program or make the necessary contract modifications not later than March 31, 2000 [September 1, 1999 ], to retain eligibility to participate in the program, unless the commission implements under this subsection an electronic method of reenrollment for providers, in which event a provider must reenroll or make the contractual modifications not later than September 1, 2000. The commission by rule may extend a reenrollment deadline prescribed by this subsection if a significant number of providers, as determined by the commission, have not met the reenrollment requirements by the applicable deadline.

SECTION .11. (a) Not later than January 1, 2000, the Health and Human Services Commission shall implement the expedited process for determining eligibility for and enrollment of certain recipients in Medicaid managed care plans required by Section 533.0075(4), Government Code, as added by this Act.

(b) The Health and Human Services Commission shall report quarterly to the standing committees of the senate and house of representatives with primary jurisdiction over Medicaid managed care regarding the status of the expedited process described by Subsection (a) of this section. The commission shall submit quarterly reports under this subsection until the commission determines the process is fully implemented and functioning successfully.

SECTION .12. This article takes effect only if a specific appropriation for the implementation of this article 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 (General Appropriations Act), this article has no effect.

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

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

CSHB 2641 as amended was passed to third reading by a viva voce vote.

RECORD OF VOTES

Senator Barrientos, Cain, Harris, and Truan asked to be recorded as voting "Nay" on the passage of the bill to third reading.

COMMITTEE SUBSTITUTE

HOUSE BILL 2641 ON THIRD READING

Senator Brown moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 2641 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 26, Nays 4.

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

Nays: Barrientos, Cain, Harris, Truan.

Absent-excused: Luna.

CSHB 2641 was read third time and was passed by a viva voce vote.

RECORD OF VOTES

Senators Barrientos, Cain, Harris, and Truan asked to be recorded as voting "Nay" on the final passage of the bill.

HOUSE BILL 1864 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 third reading:

HB 1864, Relating to the study and development of outreach and education programs for promotoras or community health workers under which community residents provide public health education services.

The bill was read second time.

Senator Shapleigh offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 1864 as follows:

(1) In SECTION 1.03(b)(1) of the bill, strike "CHIP bureau" and substitute "Texas Health Steps Comprehensive Care Program" (page 1, line 58, senate committee printing).

(2) In the third sentence of SECTION 1.03(d) of the bill, between "serving as promotoras" and "are entitled to reimbursement", insert "and the two representatives of the general public" (page 2, line 31, senate committee printing).

(3) Add the following new Subsection (d) to SECTION 1.04 of the bill (page 2, between lines 68 and 69, senate committee printing):

(d) In addition to its other duties, the committee shall identify, and develop a strategic plan to address, the barriers encountered by recipients of benefits under the state Medicaid program in accessing prenatal and neonatal health care services. The committee shall submit a draft of its strategic plan to the department, the governor, and the presiding officer of each house of the legislature not later than December 31, 2000. In identifying the barriers, the committee shall consider at least the cultural and language differences that exist between health care providers and their patients, the extent to which health care facilities' days and hours of operation limit accessibility to health care, the availability of transportation to and from health care facilities, the extent to which health care facilities are inconveniently located, the unfamiliarity of recipients with enrollment processes, the unfamiliarity of health care providers with community needs and cultural issues, and the unfamiliarity of recipients and health care providers with available health care benefits.

(4) In the first sentence of SECTION 1.05(g) of the bill, between "may be used by the local pilot project" and "only for the purposes", insert "and by persons connected with the local pilot project" (page 3, line 57, senate committee printing).

(5) In the first sentence of SECTION 1.05(g) of the bill, between "may not be released by the local pilot project" and "to any person", insert "or by persons connected with the local pilot project" (page 3, line 59, senate committee printing).

(6) In the second sentence of SECTION 1.05(g) of the bill, strike "The commissioner may adopt rules" and substitute "The commissioner shall adopt rules as necessary" (page 3, line 60, senate committee printing).

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 third reading by a viva voce vote.

HOUSE BILL 1864 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 HB 1864 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

HB 1864 was read third time and was passed by a viva voce vote.

HOUSE BILL 1237 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 third reading:

HB 1237, Relating to suits for retaliation against volunteers and employees of nursing homes.

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

HOUSE BILL 1237 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 HB 1237 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

HB 1237 was read third time and was passed by a viva voce vote.

HOUSE BILL 1188 ON SECOND READING

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

HB 1188, Relating to the creation of a DNA record for certain persons convicted of, or adjudicated as having engaged in delinquent conduct violating, the offense of murder, aggravated assault, burglary, or an offense on conviction of which registration as a sex offender is required.

The bill was read second time.

Senator Shapiro offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 1188 as follows:

In SECTION 1 of the bill, amended Subsection (a) of Section 411.148, Government Code, on page 1, line 27, add "or (d)" after "Subsection (c)(2)" and before "of that".

In SECTION 1 of the bill, in amended Subsection (a) of Section 411.148, Government Code, on page 1, line 45, add "or adjudicated for" after "convicted of" and before ":".

In SECTION 2 of the bill, in amended Subsection (a) of Section 411.148, Government Code, on page 1, line 64, add "or (d)" after "Subsection (c)(2)" and before "of that".

In SECTION 2 of the bill, in amended Subsection (a) of Section 411.148, Government Code, on page 2, line 17 of the bill, add "convicted of or" at the end of the line after "previously been".

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

Senator Ratliff offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 1188, adding an appropriately numbered SECTION to read as follows:

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

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

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

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

HOUSE BILL 1188 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 1188 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

HB 1188 was read third time and was passed by a viva voce vote.

HOUSE BILL 1453 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 1453, Relating to coverage under a title insurance policy issued with respect to residential real property.

The bill was read second time.

Senator Madla offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 1453 by striking all below the enacting clause and substituting the following:

SECTION 1. Article 9.07A, Insurance Code, is amended by adding Subsection (f) to read as follows:

(f) For an owner policy on residential real property that is issued to a natural person, the commissioner may adopt coverages that insure against:

(1) ad valorem taxes, including penalties and interest, to be paid with respect to the property for a previous tax year and that are delinquent on the effective date of the policy because of sale, diversion, or change of use, unless excluded because the insured has actual knowledge of the delinquent taxes; and

(2) ad valorem taxes, including penalties and interest, to be paid with respect to the property for a previous tax year because of an exemption granted to a previous owner of the property under Section 11.13, Tax Code, or because of improvements not assessed for a previous tax year, unless excluded because the insured has actual knowledge of the taxes.

SECTION 2. This Act takes effect September 1, 1999.

SECTION 3. Article 9.07A(f), Insurance Code, as added by this Act, applies only to an owner policy of title insurance that is delivered or issued for delivery on or after January 1, 2000. An owner policy of title insurance that is delivered or issued for delivery before January 1, 2000, is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTION 4. 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.

VOTE RECONSIDERED

On motion of Senator Armbrister and by unanimous consent, the vote by which Floor Amendment No. 1 was adopted was reconsidered.

Question-Shall Floor Amendment No. 1 to HB 1453 be adopted?

Senator Armbrister offered the following amendment to Floor Amendment No. 1:

Floor Amendment No. 2

Amend Floor Amendment No. 1 to HB 1453 by inserting the following new SECTION, appropriately numbered, and renumbering subsequent SECTIONS of the bill accordingly:

SECTION . Article 9.55, Insurance Code, is amended to read as follows:

Art. 9.55. REQUIREMENT FOR ISSUANCE OF OWNERS AND MORTGAGEE TITLE POLICIES IN CONNECTION WITH RESIDENTIAL PROPERTY; SELECTION OF TITLE INSURANCE COMPANY. (a) After September 1, 1999 [January 1, 1976 ], whenever any improved residential real property situated in the State of Texas shall be sold or mortgaged and a mortgagee policy of title insurance or other form of agreement or the equivalent thereof that constitutes the business of title insurance is issued in connection with a lien thereon, the title insurance company or title insurance agent so issuing such mortgagee policy of title insurance form or agreement or the equivalent thereof shall also issue an owner policy of title insurance to the owner of such property and the required premium as promulgated by the commissioner shall be charged.

(b) The provisions of Subsection (a) of this article may, however, be rejected, provided that the person acquiring title shall, at or prior to closing and settlement, execute a written and acknowledged rejection wherein the purchaser rejects issuance of such owner title policy. The form of such rejection shall be prescribed, after notice and hearing, by the commissioner.

(c) The person purchasing or mortgaging the improved residential real property as described by Subsection (a) of this article may select the person's choice of title insurance company. The insured lender may object to the person's selection of title insurance company for reasonable cause or as otherwise allowed by law.

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

RECORD OF VOTE

Senator Wentworth asked to be recorded as voting "Nay" on the adoption of Floor Amendment No. 2.

Question recurring on the adoption of Floor Amendment No. 1 as amended, the amendment as amended 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 1453 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 1453 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

HB 1453 was read third time and was passed by a viva voce vote.

HOUSE BILL 1814 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 1814, Relating to a local option election for the sale of mixed beverages by a food and beverage certificate holder.

The bill was read second time.

Senator Harris offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 1814 as follows:

1. In SECTION 1, (3)(b), (Committee Printing page 1, line 33), strike "60" and substitute "30".

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 1814 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 1814 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

HB 1814 was read third time and was passed by a viva voce vote.

(Senator Cain in Chair)

GUEST PRESENTED

Senator Bivins was recognized and introduced to the Senate Jeff Moseley, Executive Director, Texas Department of Economic Development.

The Senate welcomed Mr. Moseley.

MOTION TO PLACE

HOUSE BILL 1283 ON SECOND READING

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

HB 1283, Relating to general permits for the discharge of wastewater.

There was objection.

Senator Brown then moved to suspend the regular order of business and take up HB 1283 for consideration at this time.

The motion was lost by the following vote: Yeas 16, Nays 12. (Not receiving two-thirds vote of Members present)

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

Nays: Barrientos, Bernsen, Ellis, Gallegos, Harris, Moncrief, Nixon, Shapleigh, Truan, West, Whitmire, Zaffirini.

Absent: Madla, Ogden.

Absent-excused: Luna.

HOUSE BILL 1700 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 1700, Relating to lifeline and tel-assistance telecommunications services.

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

HOUSE BILL 1700 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 1700 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

HB 1700 was read third time and was passed by a viva voce vote.

(Senator Armbrister in Chair)

COMMITTEE SUBSTITUTE

HOUSE BILL 3092 ON SECOND READING

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

CSHB 3092, Relating to the authority and duties of the Texas Motor Vehicle Board.

The bill was read second time.

Senator Cain offered the following amendment to the bill:

Floor Amendment No. 1

CSHB 3092 is amended by deleting the figure "(3)" on Page 16, line 15, and by inserting in its place the figure "(2)".

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

Senator Wentworth offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSHB 3092 by adding the following appropriately numbered SECTION to the bill and by renumbering the remaining SECTIONS of the bill as appropriate:

SECTION . (a) Section 503.021, Transportation Code, and the Texas Motor Vehicle Commission Code (Article 4413(36), Vernon's Texas Civil Statutes) do not apply to the sale of a bus, coach, or trolley bus originally designed and manufactured for public mass transit to an entity governed by Chapter 451, 452, 453, 454, 457, or 458, Transportation Code.

(b) This section expires on the second anniversary of the effective date of this Act.

The amendment was read.

On motion of Senator Cain, Floor Amendment No. 2 was tabled by a viva voce vote.

On motion of Senator Cain 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.

(President in Chair)

COMMITTEE SUBSTITUTE

HOUSE BILL 3092 ON THIRD READING

Senator Cain moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 3092 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

CSHB 3092 was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)

GUESTS PRESENTED

Senator Gallegos was recognized and introduced to the Senate a group of fifth-grade students from Whittier and Jefferson elementary schools in Houston, accompanied by their teachers.

The Senate welcomed its guests.

HOUSE BILL 2844 ON SECOND READING

The President laid before the Senate as postponed business HB 2844. The bill was read second time and the adoption of Floor Amendment No. 1 as amended was left pending. The bill was then postponed to a time certain of 2:00 p.m. today.

HB 2844, Relating to the purposes for which the municipal hotel occupancy tax may be used.

Question-Shall Floor Amendment No. 1 as amended to HB 2844 be adopted?

Senator Armbrister offered the following amendment to Floor Amendment No. 1:

Floor Amendment No. 3

Amend Floor Amendment No. 1 to HB 2844 (Senate Committee Printing) as follows:

On page 1, line 16 delete "[and coliseums] " and insert "and coliseums."

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

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

Floor Amendment No. 4

Amend Floor Amendment No. 1 to HB 2844, on page 4, line 10, by inserting "or minor league baseball stadium" between "convention center complex" and "that".

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

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

On motion of Senator Moncrief 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.

RECORD OF VOTES

Senators Fraser and Nelson asked to be recorded as voting "Nay" on the passage of the bill to third reading.

HOUSE BILL 2844 ON THIRD READING

Senator Moncrief moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2844 be placed on its third reading and final passage.

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

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief,

Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire, Zaffirini.

Nays: Fraser, Nelson.

Absent-excused: Luna.

HB 2844 was read third time and was passed by a viva voce vote.

RECORD OF VOTES

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

HOUSE BILL 792 ON SECOND READING

On motion of Senator Carona 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 792, Relating to the regulation of viatical settlement agreements and life settlement agreements.

The bill was read second time.

Senator Carona offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 792 as follows:

(1) Strike Subsection (f) on page 1, line 62 through page 2, line 2, Senate Committee printing, and substitute "(f) The commissioner may not adopt rules that require the regulation of the actions of an investor providing funds to a viatical or life settlement company."

(2) On page 2, line 36, Senate Committee printing, between the words "statement" and "misrepresenting" insert the word "materially".

(3) On page 2, line 37, Senate Committee printing, between the words "the" and "terms" insert the word "material".

(4) On page 2, line 37, Senate Committee printing, between the words "or" and "conditions" insert "material".

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

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

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

HOUSE BILL 792 ON THIRD READING

Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 792 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

HB 792 was read third time and was passed by a viva voce vote.

STATEMENT OF LEGISLATIVE INTENT

Senator Carona submitted the following statement of legislative intent for HB 792:

According to the new Section 4 being created in Article 3.50-6A of the Insurance Code, the Texas Commissioner of Insurance will be able to revoke or deny a license under this act if an individual or an officer, director, or shareholder of a registrant or applicant is guilty of fraudulent or dishonest practices or is convicted of a misdemeanor involving moral turpitude or criminal fraud or a felony.

1. Q. Is it the intent of this legislation that the insurance commissioner may revoke or deny the registration or application to a company when a passive shareholder is found to be guilty of fraudulent or dishonest practices unrelated to the business of the company or is convicted of a misdemeanor involving moral turpitude or criminal fraud or felony that is unrelated to the business of the company?

A. No.

2. Q. Is it the intent of this legislation that each passive shareholder who is not involved in the daily activities of the company is expected to register with the commissioner of insurance in order to allow he or she to monitor the actions of a shareholder?

A. No.

CARONA

HOUSE BILL 2011 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 third reading:

HB 2011, Relating to the administration of the Texas Academic Skills Program.

The bill was read second time.

Senator Bivins offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2011 on page 1 lines 49 - 54 by striking SECTION 2 and renumbering the remaining SECTIONS accordingly.

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 third reading by a viva voce vote.

HOUSE BILL 2011 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 HB 2011 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

HB 2011 was read third time and was passed by the following vote: Yeas 30, Nays 0. (Same as previous roll call)

(Senator Zaffirini in Chair)

HOUSE BILL 3182 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 3182, Relating to procedures applicable in a suit filed by a landlord to evict a tenant and recover unpaid rent.

The bill was read second time.

Senator Harris offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 3182 by adding the following appropriately numbered section, and by renumbering the sections of the bill accordingly:

SECTION . Section 93.003(d), Property Code, is amended to read as follows:

(d) The writ of reentry must be served on either the landlord or the landlord's management company, on-premises manager, or rent collector in the same manner as a writ of possession in a forcible detainer action. A sheriff or constable may use reasonable force in executing a writ of reentry under this section.

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

RECORD OF VOTE

Senator Cain asked to be recorded as voting "Nay" on the adoption of Floor Amendment No. 1.

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 3182 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 3182 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

HB 3182 was read third time and was passed by a viva voce vote.

COMMITTEE SUBSTITUTE

HOUSE BILL 385 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 third reading:

CSHB 385, Relating to certain buses used to transport students to school-related activities.

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

RECORD OF VOTE

Senator Zaffirini asked to be recorded as voting "Nay" on the passage of the bill to third reading.

COMMITTEE SUBSTITUTE

HOUSE BILL 385 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 CSHB 385 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 1.

Nays: Zaffirini.

Absent: Ogden.

Absent-excused: Luna.

CSHB 385 was read third time and was passed by the following vote: Yeas 28, Nays 1. (Same as previous roll call)

HOUSE BILL 1620 ON SECOND READING

On motion of Senator Fraser 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 1620, Relating to the regulation of aircraft on water.

The bill was read second time.

Senator Bernsen offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 1620 as follows: On page 1, line 27 and 28, insert a commercial between an and aquatic.

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

Senator Bernsen offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 1620 as follows:

On page 1, between line 37 and 38, insert the following:

(c) If the department disapproves a prohibition or limitation, requested by a governmental entity, the department will hold harmless and indemnify the governmental entity for any claim resulting from the use or operation of aquatic aircraft; and

On page 1, line 38 strike (c) and substitute (d)

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

On motion of Senator Fraser 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 1620 ON THIRD READING

Senator Fraser moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1620 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0.

Absent: Ogden.

Absent-excused: Luna.

HB 1620 was read third time and was passed by a viva voce vote.

HOUSE BILL 541 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 541, Relating to an exemption from ad valorem taxation for property of an association of ambulatory health care centers.

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

HOUSE BILL 541 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 541 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0.

Absent: Ogden.

Absent-excused: Luna.

HB 541 was read third time and was passed by a viva voce vote.

HOUSE BILL 1543 ON SECOND READING

On motion of Senator Fraser 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 1543, Relating to the residency requirements for directors of certain economic development corporations.

The bill was read second time.

Senator Fraser, on behalf of Senator Zaffirini, offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 1543 to read as follows:

(1) On page 1, line 20 (committee printing), strike "10,000" and replace that population number with "20,000."

(2) On page 1, line 23 (committee printing), strike "10,000" and replace that population number with "20,000."

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

On motion of Senator Fraser 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 1543 ON THIRD READING

Senator Fraser moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1543 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0.

Absent: Ogden.

Absent-excused: Luna.

HB 1543 was read third time and was passed by a viva voce vote.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 19, 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 21, Relating to the issuance of specialty license plates or disabled parking placards to certain institutions, facilities, and retirement communities that transport persons with a disability.

SB 314, Relating to health certificates required for certain licenses and certificates issued by the Texas Cosmetology Commission.

SB 365, Relating to the continuation and the functions of the Texas Department of Criminal Justice, the administration of the Private Sector Prison Industries Oversight Authority, and the administration of the Texas Council on Offenders with Mental Impairments.

(Committee Substitute/Amended)

SB 370, Relating to the continuation and functions of the Department of Public Safety of the State of Texas.

(Committee Substitute/Amended)

SB 479, Relating to the fee for the electronic filing of a financing statement with the secretary of state.

SB 483, Relating to procedures for retirement of the Texas flag.

(Committee Substitute)

SB 518, Relating to licensing requirements for the operation of certain farm vehicles and trailers on the highways.

SB 537, Relating to agreements by and the authority of regional tollway authorities.

SB 603, Relating to the requirement that holders of certain alcoholic beverage permits or licenses furnish a bond.

SB 681, Relating to the development of an intermodal transportation hub for economic development in certain municipalities.

SB 749, Relating to the enforcement of weight limits for vehicles in a port-of-entry between Texas and Mexico.

SB 841, Relating to the jurisdiction of municipal courts in certain criminal cases, punishable only by a fine, that arise under the rules, orders, and resolutions of a joint airport board.

SB 845, Relating to disposal of certain motor vehicles.

SB 1023, Relating to records of fines and fees collected in criminal cases.

SB 1102, Relating to the permissible concentration of alcohol in certain beverages sold or held by persons permitted to sell such beverages.

(Committee Substitute)

SB 1107, Relating to information on certain programs and services to assist certain communities and entities impacted by the North American Free Trade Agreement.

(Committee Substitute)

SB 1121, Relating to certain promotional activities for certain alcoholic beverage permit holders.

SB 1136, Relating to a border commerce coordinator in the governor's office.

SB 1141, Relating to surrogate parents for certain public education students with disabilities.

SB 1327, Relating to the powers and duties of the Texas Historical Commission.

SB 1375, Relating to a study of state government functions at border crossings.

SB 1387, Relating to restructuring contracts for certain low-income housing assistance.

SB 1457, Relating to recognizing July as Buffalo Soldiers Heritage Month.

SB 1512, Relating to authorizing counties and municipalities to jointly establish certain recreational and cultural facilities.

SB 1546, Relating to property dedicated to the State Cemetery.

SB 1609, Relating to emergency services districts.

SB 1624, Relating to the Hardeman County Hospital District.

(Committee Substitute)

SB 1626, Relating to the Chillicothe Hospital District.

(Committee Substitute)

SB 1669, Relating to the qualifications of a county purchasing agent and to county purchasing procedures.

(Amended)

SB 1765, Relating to certain fees charged at certain institutions of higher education.

SB 1770, Relating to the powers, administration, financing, and validation of certain actions of the Dallas County Utility and Reclamation District.

SB 1771, Relating to Dallas County Utility and Reclamation District tax abatement agreements.

SB 1861, Relating to defining a private or independent institution of higher education.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

BILLS AND RESOLUTIONS SIGNED

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

HB 64, HB 434, HB 1396, HB 1402, HB 1532, HB 2416, HB 2664, HB 2724, HB 3288, HB 3779, HCR 264, HJR 29, HJR 69.

(President in Chair)

COMMITTEE SUBSTITUTE

HOUSE BILL 2180 ON SECOND READING

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

CSHB 2180, Relating to usury and the regulation of lenders.

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

COMMITTEE SUBSTITUTE

HOUSE BILL 2180 ON THIRD READING

Senator Cain moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 2180 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0.

Absent: Ogden.

Absent-excused: Luna.

CSHB 2180 was read third time and was passed by the following vote: Yeas 29, Nays 0. (Same as previous roll call)

HOUSE BILL 2338 ON SECOND READING

On motion of Senator Carona 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 2338, Relating to certain charges for administration of loans and loan applications.

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

HOUSE BILL 2338 ON THIRD READING

Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2338 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0.

Absent: Ogden.

Absent-excused: Luna.

HB 2338 was read third time and was passed by a viva voce vote.

HOUSE BILL 3462 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 third reading:

HB 3462, Relating to the identification of vessels without identification numbers and outboard motors without serial numbers.

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

HOUSE BILL 3462 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 HB 3462 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0.

Absent: Ogden.

Absent-excused: Luna.

HB 3462 was read third time and was passed by a viva voce vote.

HOUSE BILL 3650 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 3650, Relating to reimbursement of expenses of jurors.

The bill was read second time.

Senator Harris offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 3650 by striking all below the enacting clause and substituting the following:

SECTION 1. Section 61.001, Government Code, is amended to read as follows:

Sec. 61.001. REIMBURSEMENT OF EXPENSES OF JURORS. (a) Each grand juror or petit juror in a civil or criminal case in a district court, criminal district court, county court, county court at law, or justice court is entitled to receive as reimbursement for travel and other expenses an amount not less than $6 nor more than $50 for each day or fraction of each day served as a juror.

(b) Except as provided by Subsection (d), a [A ] person who responds to the process of a court but is excused from petit jury service by the court for any cause after the person's [his ] voir dire examination is entitled to receive as reimbursement for travel and other expenses an amount not less than $6 nor more than $50 for each day or fraction of each day in attendance in court in response to the process.

(c) The commissioners court of each county shall determine annually the daily reimbursement of expenses for jurors. Except as provided by Subsection (d), the [The ] reimbursement must be within the minimum and maximum amounts prescribed by this section and paid out of the jury fund of the county. In a specific case, the presiding judge, with the agreement of the parties involved or their attorneys, may increase the daily reimbursement for jurors in that case to an amount not to exceed the maximum amount prescribed by this section. The difference between the usual daily reimbursement and the reimbursement for jurors in a specific case shall be paid, in equal amounts, by the parties involved in the case.

(d) The commissioners court of a county may reduce or eliminate the daily reimbursement prescribed by this section for persons who attend court for only one day or a fraction of one day. The funds retained by a county as a result of reducing or eliminating reimbursement as provided by this subsection may only be used to increase the daily reimbursement prescribed by this section for jurors and for persons who attend court for more than one day.

(e) A check drawn on the jury fund by the district clerk of the county may be transferred by endorsement and delivery and is receivable at par from the holder for all county taxes.

(f) [(e) ] A reimbursement for expenses under this section is not a property right of a juror or prospective juror for purposes of Chapters 72 and 74, Property Code. If a check or other instrument representing a reimbursement under this section is not presented for payment or redeemed before the 90th day after it is issued:

(1) the instrument is considered forfeited and is void; and

(2) the money represented by the instrument may be placed in the county's jury fund, the county's general fund, or any other fund in which county funds can be legally placed, at the discretion of the commissioners court.

SECTION 2. This Act takes effect September 1, 1999, and applies only to a person responding to a jury summons issued on or after that date.

SECTION 3. 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 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 3650 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 3650 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0.

Absent: Ogden.

Absent-excused: Luna.

HB 3650 was read third time and was passed by a viva voce vote.

HOUSE BILL 1933 ON SECOND READING

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

HB 1933, Relating to allowing a county clerk to impose a fee for certain background checks.

The bill was read second time.

Senator Shapiro offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 1933, in SECTION 1 of the bill, in Section 118.011(b), Local Government Code (committee report printing page 1, line 21), by striking "$5" and inserting "$2"

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

Senator Ratliff offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 1933, adding an appropriately numbered SECTION to read as follows:

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

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

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

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

HOUSE BILL 1933 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 1933 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0.

Absent: Ogden.

Absent-excused: Luna.

HB 1933 was read third time and was passed by a viva voce vote.

HOUSE BILL 2406 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 2406, Relating to a refund of sales and use taxes paid on items exported beyond the limits of the United States.

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

HOUSE BILL 2406 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 2406 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0.

Absent: Ogden.

Absent-excused: Luna.

HB 2406 was read third time and was passed by a viva voce vote.

HOUSE BILL 1822 ON SECOND READING

On motion of Senator Carona 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 1822, Relating to the regulation of air conditioning and refrigeration contractors; providing penalties.

The bill was read second time.

Senator Carona offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 1822 as follows:

(1) Strike Section 14 of the bill and renumber the subsequent sections appropriately.

(2) In Section 17 of the bill on page 5, line 5, strike the entirety of subsection (c).

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

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

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

HOUSE BILL 1822 ON THIRD READING

Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1822 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 0.

Absent: Ogden.

Absent-excused: Luna.

HB 1822 was read third time and was passed by a viva voce vote.

HOUSE BILL 1860 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 1860, Relating to establishing an acanthosis nigricans screening pilot program in public and private schools in certain counties.

The bill was read second time.

Senator Madla offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend HB 1860 on page 5, line 3, by adding the following SECTION 8, and renumbering the remaining sections as appropriate.

"SECTION 8. 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.

Senator Ratliff offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 1860, adding an appropriately numbered SECTION to read as follows:

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

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

On motion of Senator 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.

RECORD OF VOTE

Senator Shapiro asked to be recorded as voting "Nay" on the passage of the bill to third reading.

HOUSE BILL 1860 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 1860 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 1.

Nays: Shapiro.

Absent-excused: Luna.

HB 1860 was read third time and was passed by a viva voce vote.

RECORD OF VOTE

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

HOUSE BILL 3460 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 third reading:

HB 3460, Relating to taxes on certain services in park and recreation districts.

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

HOUSE BILL 3460 ON THIRD READING

Senator Wentworth moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 3460 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

HB 3460 was read third time and was passed by a viva voce vote.

COMMITTEE SUBSTITUTE

HOUSE BILL 2224 ON SECOND READING

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

CSHB 2224, Relating to requiring disclosure notices for the sale of real property governed by a property owners' association and requiring the filing of dedicatory instruments governing property owners' associations.

The bill was read second time.

Senator Shapiro offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 2224, in SECTION 1 of the bill, in Section 5.012, Property Code (committee report printing page 1, line 39), by striking line 39 through line 42 and inserting the following:

"If you are buying other than a new home, you are encouraged to obtain from the seller a resale certificate that provides important information regarding the property and the financial condition of the property owners' association.

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

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

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

COMMITTEE SUBSTITUTE

HOUSE BILL 2224 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 CSHB 2224 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Absent-excused: Luna.

CSHB 2224 was read third time and was passed by a viva voce vote.

MESSAGE FROM THE GOVERNOR

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

Austin, Texas

May 18, 1999

TO THE SENATE OF THE SEVENTY-SIXTH LEGISLATURE, REGULAR SESSION:

On May 10, 1999, I submitted the names of Dorothy Anne Henderson of Galveston and Dr. Edward S. Wilkinson, Sr. of League City for reappointment to the Board of Pilot Commissioners for the Ports of Galveston County for terms to expire February 1, 2003.

At the request of Senator Mike Jackson, I hereby withdraw these two nominations for this board and request that the Senate return the appointments to me.

Respectfully submitted,

/s/George W. Bush

Governor

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 at 8:30 a.m. tomorrow and that all bills and resolutions would be considered on second and third reading in the order in which they were listed.

MOTION TO ADJOURN

On motion of Senator Truan and by unanimous consent, the Senate at 3:25 p.m. agreed to adjourn, upon conclusion of the Local and Uncontested Calendar Session, in memory of Troy Alan Blando of Houston, until 10:00 a.m. tomorrow.

CONGRATULATORY RESOLUTIONS

SR 1017 - by Cain: Congratulating Austin Waddle of Rockwall.

SR 1019 - by Barrientos: Congratulating the Reverend Raphael C. Smith of Austin.

SR 1020 - by Nelson: Congratulating Shirley Lindeman Crooks.

SR 1021 - by West: Congratulating James Preston Fischer of Cedar Hill.

HCR 203 - (Moncrief): Congratulating Kimberly Dennis on being named an Oustanding Teacher.

HCR 209 - (Moncrief): Congratulating Denise O'Dell on being named an Outstanding Teacher.

HCR 210 - (Moncrief): Congratulating Donna Driver on being named an Outstanding Teacher.

HCR 211 - (Moncrief): Congratulating LaTreace Bailey on being named an Outstanding Teacher.

HCR 212 - (Moncrief): Congratulating Deborah Allen-White on being named an Outstanding Teacher.

HCR 213 - (Moncrief): Congratulating Ann Elwood on being named an Outstanding Teacher.

HCR 214 - (Moncrief): Congratulating Wesley Dismuke on being named an Outstanding Teacher.

HCR 215 - (Moncrief): Congratulating Patrick Oliver on being named an Outstanding Teacher.

HCR 216 - (Moncrief): Congratulating Gloria Horton on being named an Outstanding Teacher.

HCR 217 - (Moncrief): Congratulating Sarah Weeks on being named an Outstanding Teacher.

HCR 218 - (Moncreif): Congratulating Glory Griggs on being named an Outstanding Teacher.

HCR 219 - (Moncrief): Congratulating Virginia Nichols on being named an Outstanding Teacher.

HCR 220 - (Moncrief): Congratulating Birdie White on being named an Outstanding Teacher.

HCR 221 - (Moncrief): Congratulating Nikitra K. Hamilton on being named an Outstanding Teacher.

HCR 222 - (Moncrief): Congratulating Joye Franklin on being named an Outstanding Teacher.

HCR 223 - (Moncrief): Congratulating Gwendolyn Davis on being named an Outstanding Teacher.

HCR 224 - (Moncrief): Congratulating Patrick Oliver on being named an Outstanding Teacher.

HCR 225 - (Moncrief): Congratulating Jacqueline Whitfield on being named an Outstanding Teacher.

HCR 226 - (Moncrief): Congratulating Howardine Smith on being named an Outstanding Teacher.

HCR 227 - (Moncrief): Congratulating Mae Pearl Johnson on being named an Outstanding Teacher.

HCR 228 - (Moncrief): Congratulating Phyllis McAnally on being named an Oustanding Teacher.

HCR 274 - (Ratliff): Honoring Robert Flowers on the occasion of his retirement from the State Commission on Judicial Conduct.

RECESS

On motion of Senator Truan, the Senate at 3:25 p.m. recessed until 8:30 a.m. tomorrow for the Local and Uncontested Calendar Session.

APPENDIX

SIGNED BY GOVERNOR

May 17, 1999

SB 109, SB 112, SB 124, SB 221, SB 401, SB 780, SB 979, SB 1252, SB 1467, SB 1545, SB 1585, SB 1594, SB 1746

SENT TO GOVERNOR

May 19, 1999

SB 135, SB 495, SB 601, SB 631, SB 746, SB 828, SB 843, SB 1019, SB 1124, SB 1187, SB 1298, SB 1352, SB 1666