Monday, January 22, 2001

SENATE JOURNAL

SIXTH DAY

Monday, January 22, 2001

PROCEEDINGS

The Senate met at 1:00 p.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, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini, Mr. President.

Absent-excused: Bivins, Harris.

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

Senate Doorkeeper Don Long offered the invocation as follows:

Supreme artificer of the universe, vouchsafe Thine aid to this illustrious body of Senators, guide them with Your wisdom, courage, and kindness. May they remember Your words to the ancient people of Israel: "No king is saved by the size of his army; no warrior escapes by his great strength. A horse is a vain hope for deliverance; despite all its great strength it cannot save. But the eyes of the Lord are on those who fear Him, on those whose hope is in His unfailing love, to deliver them. . . ." (Psalms 33)

And God bless our new President, George W. Bush, who served Texas so very well. Keep him safe from all harm. Let Your grace descend upon him in abundance. Also bless our new Vice-president, Dick Cheney. Give him health and protect him.

May Your right hand be as a shield and buckler to these two against the assaults of the enemies of freedom, liberty, and justice, the principles upon which our great nation was founded. Amen.

On motion of Senator Truan and by unanimous consent, the reading of the Journal of the proceedings of Wednesday, January 17, 2001, was dispensed with and the Journal was approved.

CO-AUTHOR OF SENATE BILL 31

On motion of Senator Zaffirini and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 31.

CO-AUTHOR OF SENATE BILL 68

On motion of Senator Moncrief and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 68.

77th Legislature — Regular Session 6th Day

CO-AUTHOR OF SENATE BILL 140

On motion of Senator Moncrief and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 140.

CO-AUTHOR OF SENATE BILL 192

On motion of Senator Lucio and by unanimous consent, Senator Shapleigh will be shown as Co-author of SB 192.

CO-AUTHOR OF SENATE BILL 195

On motion of Senator Lucio and by unanimous consent, Senator Shapleigh will be shown as Co-author of SB 195.

CO-AUTHOR OF SENATE BILL 196

On motion of Senator Lucio and by unanimous consent, Senator Shapleigh will be shown as Co-author of SB 196.

CO-AUTHOR OF SENATE BILL 249

On motion of Senator Lucio and by unanimous consent, Senator Shapleigh will be shown as Co-author of SB 249.

SENATE BILLS AND RESOLUTION ON FIRST READING

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

SB 3 by Duncan, Brown, Ellis, Armbrister, Shapleigh, Zaffirini, Fraser, Gallegos, West, Moncrief, Sibley, Truan, Van de Putte, Shapiro, Lindsay, Staples, Madla, Harris, Carona, Jackson, Wentworth, Cain, Barrientos, Bernsen, Haywood, Lucio, Nelson, Bivins, Whitmire

Relating to establishing procedures for the preservation of evidence containing DNA and postconviction DNA testing. (Submitted by Governor as an emergency matter)

To Committee on Jurisprudence.

SB 263 by Ogden

Relating to a written policy regulating certain travel by students enrolled at public institutions of higher education.

To Committee on Education.

SB 264 by Ogden

Relating to alcohol-free school zones.

To Committee on Education.

SB 265 by Ogden

Relating to school district high school equivalency examination programs.

To Committee on Education.

SB 266 by Ogden

Relating to an optional flexible year program for public school students who would not otherwise be promoted.

To Committee on Education.

Monday, January 22, 2001

SENATE JOURNAL

SB 267 by Ogden, Haywood

Relating to the authority of the Texas Department of Transportation to contract for the management of property used for the mitigation of adverse environmental impacts.

To Committee on Natural Resources.

SB 268 by Ogden

Relating to the penalty for certain speeding offenses.

To Committee on Criminal Justice.

SB 269 by Ogden

Relating to criminal and civil liability for causing injury to a pregnant woman.

To Committee on Criminal Justice.

SB 270 by Lindsay

Relating to the meaning of "agricultural crop" for purposes of the exemption of certain wells from fees charged by the North Harris County Regional Water Authority.

To Committee on Natural Resources.

SB 271 by Lindsay

Relating to prohibiting the use of fireworks within the vicinity of certain establishments.

To Committee on Intergovernmental Relations.

SB 272 by Carona

Relating to an alternate maximum interest charge on a non-real property loan.

To Committee on Business and Commerce.

SB 273 by Armbrister, Staples, Bernsen

Relating to systems and programs administered by the Teacher Retirement System of Texas.

To Committee on Education.

SB 274 by Van de Putte

Relating to the contracting authority of, authorized uses for tax proceeds by, and eligibility for participation in tax increment financing of certain hospital districts.

To Committee on Intergovernmental Relations.

SB 275 by Shapleigh

Relating to requiring a report from the comptroller about state and local economic development activities and projects.

To Committee on Business and Commerce.

SB 276 by Shapleigh

Relating to the application of a seal to an electronic document.

To Committee on Jurisprudence.

SB 277 by Harris

Relating to the sale, assignment, or transfer of structured settlements.

To Committee on Jurisprudence.

SB 278 by Harris

Relating to rates, forms, and maintenance taxes for commercial automobile insurance.

To Committee on Business and Commerce.

77th Legislature — Regular Session 6th Day

SB 279 by Nelson

Relating to sanctions imposed against certain facilities regulated by the Texas Department of Health.

To Committee on Health and Human Services.

SB 280 by Nelson

Relating to requiring the Texas Department of Health to prepare a request for information for storing and distributing vaccines.

To Committee on Health and Human Services.

SB 281 by Nelson

Relating to requiring the Texas Department of Health to allow health care providers to use certain vaccines in the vaccines for children program.

To Committee on Health and Human Services.

SB 282 by Nelson

Relating to requiring the Texas Department of Health to promote the vaccines for children program to certain health care providers not currently enrolled in the program.

To Committee on Health and Human Services.

SB 283 by Nelson, Zaffirini

Relating to special disease management programs for certain recipients of medical assistance under the Medicaid managed care program.

To Committee on Health and Human Services.

SB 284 by Nelson

Relating to streamlining reporting requirements and inspection procedures under the Medicaid managed care program.

To Committee on Health and Human Services.

SB 285 by Nelson, Moncrief

Relating to cancer incidence reporting.

To Committee on Health and Human Services.

SB 286 by Carona

Relating to the authority of a county judge to delegate to another county officer the duty to hear applications for mass gatherings.

To Committee on Intergovernmental Relations.

SB 287 by Armbrister

Relating to equal access to places of public accommodation.

To Committee on Business and Commerce.

SB 288 by Armbrister

Relating to the financial transactions of a community supervision and corrections department.

To Committee on Criminal Justice.

SB 289 by Armbrister, Haywood

Relating to the exemption of small hydroelectric facilities from water quality management and watermaster fees.

To Committee on Natural Resources.

Monday, January 22, 2001

SENATE JOURNAL

SB 290 by Armbrister

Relating to providing mandatory venue for a civil action arising under an oil and gas lease.

To Committee on Jurisprudence.

SB 291 by Armbrister

Relating to oil and gas royalty reporting standards.

To Committee on Natural Resources.

SB 292 by Armbrister

Relating to programs and systems administered by the Employees Retirement System of Texas.

To Committee on State Affairs.

SB 293 by West

Relating to use of electronically readable information on a driver's license.

To Committee on Criminal Justice.

SB 294 by West

Relating to the creation of certain offenses concerning firearm sales at gun shows.

To Committee on Criminal Justice.

SB 295 by West

Relating to certain limitations on discontinuance of basic local telecommunications service.

To Committee on Business and Commerce.

SB 296 by West

Relating to posting notice about a violation of certain municipal ordinances or requirements.

To Committee on Intergovernmental Relations.

SB 297 by West, Zaffirini, Bernsen

Relating to providing supplemental financial assistance to certain grandparents.

To Committee on Health and Human Services.

SB 298 by Madla, Shapleigh

Relating to contracts for the development of transportation projects by the Texas Department of Transportation and the Texas Turnpike Authority division of the Texas Department of Transportation.

To Committee on State Affairs.

SB 299 by Barrientos

Relating to application for registration of vehicles used by nonprofit disaster relief organizations.

To Committee on Intergovernmental Relations.

SB 326 by Lucio, Shapleigh

Relating to the creation of an initiative unit to develop a Texas-Mexico Commerce and International Relations Coordinated Plan.

To Committee on Business and Commerce.

SB 327 by Jackson

Relating to the servicing of a portable fire extinguisher.

To Committee on Business and Commerce.

77th Legislature — Regular Session 6th Day

SB 328 by Jackson, Moncrief, Lucio, West

Relating to the statute of limitations for purposes of prosecuting certain offenses involving injury to a child, elderly individual, or disabled individual.

To Committee on Criminal Justice.

SB 329 by Jackson

Relating to the statute of limitations for certain offenses involving leaving the scene of an accident.

To Committee on Criminal Justice.

SB 330 by Jackson

Relating to the training required for a health care professional to safely perform spinal manipulation; providing a criminal penalty.

To Committee on Health and Human Services.

SB 331 by Haywood, Bernsen, Armbrister, Lindsay, Lucio, Moncrief, Ogden, Shapleigh, Staples, Gallegos, Nelson, Shapiro

Relating to agricultural policy for the state.

To Committee on Natural Resources.

SCR 14 by Shapleigh

Honoring the 80th anniversary of the National Association of Retired Federal Employees and declaring February 19-23, 2001, National Association of Retired Federal Employees Week in the State of Texas.

To Committee on Administration.

MOTION TO ADJOURN

On motion of Senator Truan and by unanimous consent, the Senate at 1:15 p.m. agreed to adjourn, upon conclusion of the signing of bills and resolutions in the presence of the Senate, until 11:00 a.m. tomorrow.

RESOLUTIONS SIGNED

The President announced the signing of the following enrolled resolutions in the presence of the Senate: SCR 13, HCR 76.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Congratulatory Resolutions

SR 44 by Barrientos, Recognizing Eugene Sepulveda of Austin.

SR 45 by Barrientos, Recognizing Brother Kerry Guillory of Austin.

SR 46 by Barrientos, Commending the longtime service of 27 employees of the Texas Department of Insurance.

SR 47 by Barrientos, Commending Laverne Chase.

SR 48 by Barrientos, Commending Jerome C. Schwab.

SR 49 by Barrientos, Commending Janet Brewster.

SR 50 by Barrientos, Commending Isabel Paz Campos.

SR 51 by Barrientos, Commending Judy Ranum.

Monday, January 22, 2001

SENATE JOURNAL

SR 52 by Barrientos, Commending Sharon Suzanne Marshall.

SR 53 by Barrientos, Commending Richard Baker.

SR 54 by Barrientos, Commending Charles L. Burnside.

SR 55 by Moncrief, Congratulating Bill Johnson of Crowley.

SR 57 by Lindsay, Commending Jason Eric Goodwin of Houston.

SR 58 by Lindsay, Commending Justin Peltier.

SR 59 by Lindsay, Commending Jennifer Roberts.

SR 60 by Lindsay, Commending Andrew Everritt Goodwin.

SR 61 by Lindsay, Commending Andrew Travis Crain of Houston.

SR 62 by Lindsay, Commending Micah Davis.

SR 63 by Barrientos, Commending Ralph Francis Hutchins, Jr.

SR 64 by Ellis, Commending Charles Fuller of Highlands.

SR 65 by Ellis, Commending the Reverend Delbert and Sister Minnie Jefferson of Houston.

SR 66 by Ellis, Congratulating Afua Anokyewaa Ayim Agyemang and Harry Hacajaka Agyemang on the birth of their son, Nana Sefa Ayim Agyemang.

SR 67 by Moncrief, Commending Bethesda Gardens Living Center in Fort Worth.

SR 68 by Ellis, Commending May Tran.

SR 69 by Ellis, Commending Tejal Bhakta.

SR 70 by Ellis, Commending Betsy Pereira.

SR 71 by Ellis, Commending Bethany Jones of Houston.

SR 72 by Ellis, Commending Jennifer Hahn of Houston.

SR 73 by Ellis, Commending Mesuron Spearman.

SR 74 by Ellis, Commending Alfonso Morales, Jr.

ADJOURNMENT

Pursuant to a previously adopted motion, the Senate at 1:28 p.m. adjourned until 11:00 a.m. tomorrow.

APPENDIX

SENT TO SECRETARY OF STATE

January 22, 2001

SCR 13