Monday, February 12, 2001

SENATE JOURNAL

EIGHTEENTH DAY

Monday, February 12, 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, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini, Mr. President.

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

The Reverend Marlin Fenn, First United Methodist Church, La Porte, offered the invocation as follows:

Dear God, we pray for the people of this Lone Star State today. For those who are hurting we pray comfort. For those who are struggling we pray guidance. For those who have reached the ends of their ropes we pray endurance. For those who are celebrating we pray the joy of Your holy presence. For those who simply carry out their normal, every Monday kinds of tasks we pray Your inspiration and direction.

These Senators do not take for granted the responsibilities they hold, but humbly and with seeking hearts attempt to carry out their responsibilities to benefit the people of this bold and hopeful state. They gather as "tejas," friends, to work together in the achievement of a greater, more productive place to live. May the people who have elected each Senator to the responsibilities carried here know that their faith is well placed and that what happens within these legislative chambers is to achieve a greater justice and a safer, more productive society in which to live.

Guide with Your wisdom and Your compassion these servants today, Lord, that they may give their best in service to Your people, for it is in Your holy name that we pray. Amen.

On motion of Senator Truan and by unanimous consent, the reading of the Journal of the proceedings of Thursday, February 8, 2001, was dispensed with and the Journal was approved.

CO-AUTHOR OF SENATE BILL 15

On motion of Senator Nelson and by unanimous consent, Senator Moncrief will be shown as Co-author of SB 15.

77th Legislature — Regular Session 18th Day

CO-AUTHOR OF SENATE BILL 17

On motion of Senator Nelson and by unanimous consent, Senator Moncrief will be shown as Co-author of SB 17.

CO-AUTHORS OF SENATE BILL 82

On motion of Senator Madla and by unanimous consent, Senators Truan and Van de Putte will be shown as Co-authors of SB 82.

CO-AUTHOR OF SENATE BILL 175

On motion of Senator Lindsay and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 175.

CO-AUTHORS OF SENATE BILL 179

On motion of Senator Fraser and by unanimous consent, Senators Shapleigh, Truan, and Van de Putte will be shown as Co-authors of SB 179.

CO-AUTHOR OF SENATE BILL 186

On motion of Senator Truan and by unanimous consent, Senator Haywood will be shown as Co-author of SB 186.

CO-AUTHORS OF SENATE BILL 338

On motion of Senator Madla and by unanimous consent, Senators Bernsen and Shapleigh will be shown as Co-authors of SB 338.

CO-AUTHOR OF SENATE BILL 387

On motion of Senator Bivins and by unanimous consent, Senator Truan will be shown as Co-author of SB 387.

CO-AUTHOR OF SENATE BILL 439

On motion of Senator Madla and by unanimous consent, Senator Shapleigh will be shown as Co-author of SB 439.

CO-AUTHOR OF SENATE BILL 493

On motion of Senator Bernsen and by unanimous consent, Senator Barrientos will be shown as Co-author of SB 493.

CO-AUTHOR OF SENATE BILL 542

On motion of Senator Nelson and by unanimous consent, Senator Madla will be shown as Co-author of SB 542.

CO-AUTHOR OF SENATE BILL 550

On motion of Senator Bernsen and by unanimous consent, Senator Moncrief will be shown as Co-author of SB 550.

CO-AUTHORS OF SENATE BILL 572

On motion of Senator Moncrief and by unanimous consent, Senators Bernsen, West, and Zaffirini will be shown as Co-authors of SB 572.

Monday, February 12, 2001

SENATE JOURNAL

SENATE BILLS AND RESOLUTIONS ON FIRST READING

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

SB 589 by Jackson

Relating to the establishment of a flexibility rating system for directives sent by the Texas Workforce Commission to local workforce development boards.

To Committee on Business and Commerce.

SB 590 by Jackson

Relating to electric utility service to tenants of marinas.

To Committee on Business and Commerce.

SB 591 by Barrientos

Relating to the execution of certain writs in an action to determine possession of certain leased premises.

To Committee on Jurisprudence.

SB 592 by Lindsay

Relating to public school prekindergarten programs.

To Committee on Education.

SB 593 by Barrientos

Relating to credit in and benefits and administration of retirement systems for police officers in certain municipalities.

To Committee on Intergovernmental Relations.

SB 594 by Harris

Relating to retrospective reviews of health care services by utilization review agents.

To Committee on Business and Commerce.

SB 595 by Harris

Relating to access to certain complaints filed with the Texas State Board of Medical Examiners.

To Committee on Health and Human Services.

SB 596 by Duncan, Lindsay

Relating to prekindergarten programs for public school students.

To Committee on Education.

SB 597 by Shapleigh

Relating to a study of funding of public school facilities.

To Committee on Education.

SB 598 by Shapleigh

Relating to a study of issues relating to recruitment and retention of public school teachers.

To Committee on Education.

SB 599 by Shapleigh

Relating to long-range planning for higher education.

To Committee on Education.

77th Legislature — Regular Session 18th Day

SB 600 by Sibley

Relating to requirements regarding certification that a forensic anthropologist must meet in order to assist a medical examiner.

To Committee on Criminal Justice.

SB 601 by Carona

Relating to certain investments and rate reductions by insurance companies and related organizations; providing an administrative penalty.

To Committee on Business and Commerce.

SB 602 by Brown

Relating to the creation of incentives by the Texas Natural Resource Conservation Commission for regulated entities to install air pollution monitoring devices linked to the commission's data system.

To Committee on Natural Resources.

SB 603 by Brown

Relating to the cleanup of contaminated property.

To Committee on Natural Resources.

SB 604 by Sibley

Relating to the effect of disclosure by certain state governmental bodies of information that is confidential by law or excepted from public disclosure under the public information law.

To Committee on State Affairs.

SB 605 by Sibley

Relating to approval by the Texas Department of Insurance for certain holding company affiliations.

To Committee on Business and Commerce.

SB 606 by Sibley

Relating to annuities or investments for certain public employees.

To Committee on Education.

SB 607 by Van de Putte, Lucio, Zaffirini, Gallegos, West

Relating to the creation of a municipal development corporation to provide educational and job training; authorizing the imposition of certain local taxes and the issuance of local bonds; providing an administrative penalty.

To Committee on Intergovernmental Relations.

SB 608 by Van de Putte

Relating to compensation for services rendered at a polling place by election officers.

To Committee on State Affairs.

SB 609 by Bernsen

Relating to the compensation received by state peace officers who are required to work on certain holidays.

To Committee on State Affairs.

SB 610 by Bernsen

Relating to the restoration of the civil rights of certain individuals convicted of offenses allegedly committed in other countries.

To Committee on Jurisprudence.

Monday, February 12, 2001

SENATE JOURNAL

SB 611 by Haywood

Relating to the membership of the board of directors of the Rolling Plains Groundwater Conservation District.

To Committee on Natural Resources.

SB 612 by Haywood

Relating to testing of equine infectious anemia.

To Committee on Natural Resources.

SB 613 by Haywood

Relating to the operation of the Castro County Hospital District.

To Committee on Intergovernmental Relations.

SB 614 by Van de Putte

Relating to the issuance of Texans Conquer Cancer license plates.

To Committee on State Affairs.

SB 615 by Harris

Relating to the definition of security services for purposes of the application of the sales tax.

To Committee on Finance.

SB 616 by Van de Putte

Relating to the establishment of a medical assistance pilot program for the management of children's asthma.

To Committee on Health and Human Services.

SB 617 by Van de Putte

Relating to the requirements for a suit filed by the Department of Protective and Regulatory Services to terminate the parent-child relationship.

To Committee on Jurisprudence.

SB 618 by Van de Putte

Relating to the eligibility for appointment of a visiting associate judge in certain family law cases.

To Committee on Jurisprudence.

SB 619 by Van de Putte

Relating to court-ordered social studies in certain suits affecting the parent-child relationship.

To Committee on Jurisprudence.

SB 620 by Jackson

Relating to extension of restrictions imposing regular assessments in certain residential real estate subdivisions.

To Committee on Intergovernmental Relations.

SB 621 by Barrientos, Truan

Relating to providing certain students with an equal opportunity to enroll in or receive a competitive scholarship for a graduate or professional degree program.

To Committee on Education.

77th Legislature — Regular Session 18th Day

SB 622 by Barrientos

Relating to authorizing a county to pay the costs of an owner-controlled insurance program with the proceeds of certain securities issued by the county.

To Committee on Intergovernmental Relations.

SB 623 by Duncan

Relating to damages for liability actions in residential construction.

To Committee on Business and Commerce.

SB 624 by Duncan, Lucio, Madla, Shapleigh, Sibley, Van de Putte

Relating to the prohibition of certain waivers by employers and employees under the workers' compensation system.

To Committee on Business and Commerce.

SB 625 by Duncan

Relating to the electronic storage of records by the court of criminal appeals.

To Committee on Jurisprudence.

SB 626 by Duncan

Relating to liens on certain property related to certain criminal offenses and the effect of forfeiture of that property.

To Committee on Jurisprudence.

SB 627 by Staples, Cain

Relating to imposing an intercollegiate athletics fee at The University of Texas at Tyler.

To Committee on Education.

SB 628 by Staples, Cain

Relating to imposing a recreational facility fee at The University of Texas at Tyler.

To Committee on Education.

SB 629 by Staples

Relating to authorizing the attorney general to administer oaths.

To Committee on State Affairs.

SB 630 by Carona

Relating to authorizing counties to establish a county purchasing credit card program.

To Committee on Intergovernmental Relations.

SB 631 by Bernsen

Relating to the authority of certain counties to prohibit the use or possession of certain fireworks on public beaches.

To Committee on Intergovernmental Relations.

SB 632 by Bernsen

Relating to the authority of certain counties to prohibit traffic on certain areas of public beaches.

To Committee on Intergovernmental Relations.

SB 633 by Bernsen

Relating to the authority of certain counties to prohibit open fires on public beaches.

To Committee on Intergovernmental Relations.

Monday, February 12, 2001

SENATE JOURNAL

SB 634 by Bernsen

Relating to the authority of certain counties to prohibit glass products on public beaches.

To Committee on Intergovernmental Relations.

SB 635 by Nelson

Relating to recognizing Texas Prayer Day.

To Committee on State Affairs.

SB 636 by Armbrister

Relating to the analysis and review of mental illness treatment programs for certain juvenile and adult offenders.

To Committee on Criminal Justice.

SB 637 by Armbrister

Relating to eligibility of a navigation district to create a local government transportation corporation.

To Committee on Natural Resources.

SB 638 by Barrientos, Bernsen, Gallegos, Moncrief, Shapleigh

Relating to the taking of a blood sample or other specimen from a person arrested for certain felonies for the purposes of DNA analysis.

To Committee on Jurisprudence.

SB 639 by Barrientos

Relating to the composition of the retirement board for the retirement systems for police officers in certain municipalities.

To Committee on Intergovernmental Relations.

SCR 22 by Brown

Requesting the United States Environmental Protection Agency to provide maximum flexibility to the states in dealing with federal environmental programs.

To Committee on Natural Resources.

SCR 23 by Brown

Urging the Texas Natural Resource Conservation Commission to expand its coordination efforts to increase flexibility of federal regulations delegated to the states.

To Committee on Natural Resources.

SCR 24 by Nelson, Truan

In observation of Veterans Day.

To Committee on Veteran Affairs and Military Installations.

PHYSICIAN OF THE DAY

Senator Staples was recognized and presented Dr. Douglas Curran of Athens as the Physician of the Day.

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

77th Legislature — Regular Session 18th Day

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

February 12, 2001

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

I am directed by the House to inform the Senate that the House has taken the following action:

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HCR 108, Designating February 10, 2001, as Walker County Emergency Personnel Appreciation Day.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

RESOLUTION SIGNED

The President announced the signing of the following enrolled resolution in the presence of the Senate: HCR 103.

SENATE RESOLUTION 220

Senator Fraser offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pride in welcoming the members of the Texas Federation of College Republicans to the State Capitol on February 12, 2001; and

WHEREAS, February 12 is Texas Federation of College Republicans Legislative Day, and the Senate is pleased to recognize these visitors for the endless hours of volunteer service they have provided Republican candidates and for their interest in state government; and

WHEREAS, These young citizens have fostered political education on college campuses throughout the state and have aided in the election of Republican candidates to all levels of government; and

WHEREAS, It is inspirational to see the dedication and hard work of these college students who are contributing to their state by their interest in politics and the governmental process, and it is sincerely hoped their visit at the Capitol is a fulfilling event; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby proclaim February 12, 2001, as Texas Federation of College Republicans Legislative Day and extend to the organization's members appreciation for their hard work on behalf of the Republican Party; and, be it further

RESOLVED, That a copy of this Resolution be prepared for them as an expression of esteem from the Texas Senate.

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

Monday, February 12, 2001

SENATE JOURNAL

GUESTS PRESENTED

Senator Fraser was recognized and introduced to the Senate a delegation of students from the Texas Federation of College Republicans.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Gallegos was recognized and introduced to the Senate members of the Texas Senate Hispanic Research Council.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Duncan was recognized and introduced to the Senate delegations from the Action Committee for Teens and from Communities in Schools, both of Lubbock.

The Senate welcomed its guests.

(Senator Jackson in Chair)

GUESTS PRESENTED

The Presiding Officer introduced to the Senate the Reverend Marlin Fenn, his wife, and their daughters.

The Senate welcomed its guests.

CONCLUSION OF MORNING CALL

The Presiding Officer at 1:20 p.m. announced the conclusion of morning call.

SENATE BILL 171 ON SECOND READING

Senator Carona moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that SB 171 be taken up for consideration at this time:

SB 171, Relating to the renewal of a license to practice chiropractic.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

The bill was read second time.

Senator Carona offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 171 in SECTION 1 of the bill, in proposed Section 201.354(g), Occupations Code (Committee Printing, page 1, line 19), by striking "one year or more" and substituting "at least one year but not more than three years".

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.

SB 171 as amended was passed to engrossment by a viva voce vote.

77th Legislature — Regular Session 18th Day

SENATE BILL 171 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 SB 171 be placed on its third reading and final passage.

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

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

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

COMMITTEE SUBSTITUTE

SENATE BILL 173 ON SECOND READING

Senator Carona moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that CSSB 173 be taken up for consideration at this time:

CSSB 173, Relating to the refund of cash to a surety in a criminal case.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

The bill was read second time.

Senator Carona offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 173, in Section 1 of the bill, in amended Article 17.02, Code of Criminal Procedure (Committee Printing page 1, line 28), by striking "defendant." and substituting "defendant that relate to the offense for which the defendant was released on bail."

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.

CSSB 173 as amended was passed to engrossment by a viva voce vote.

(President in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 173 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 CSSB 173 be placed on its third reading and final passage.

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

Monday, February 12, 2001

SENATE JOURNAL

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

COMMITTEE SUBSTITUTE

SENATE BILL 327 ON SECOND READING

Senator Jackson moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that CSSB 327 be taken up for consideration at this time:

CSSB 327, Relating to the servicing of a portable fire extinguisher.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

COMMITTEE SUBSTITUTE

SENATE BILL 327 ON THIRD READING

Senator Jackson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 327 be placed on its third reading and final passage.

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

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

77th Legislature — Regular Session 18th Day

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Congratulatory Resolutions

SR 214 by Lindsay, Congratulating Ian Arley McQueen.

SR 215 by Lindsay, Congratulating Michael Miller of Spring.

SR 217 by Barrientos, Congratulating Herman Spertus.

SR 219 by Fraser, Congratulating Groner Pitts of Brownwood.

SR 223 by Shapleigh, Congratulating Henry Kellen of El Paso.

SR 224 by Shapleigh, Congratulating Roy Joseph Brandys.

SR 225 by Barrientos, Congratulating Jerry Kunschik.

Designation Resolutions

SR 218 by Armbrister, Recognizing February 21, 2001, as Caldwell County Day at the State Capitol.

HCR 108 (Ogden), Designating February 10, 2001, as Walker County Emergency Personnel Appreciation Day.

ADJOURNMENT

On motion of Senator Truan, the Senate at 1:37 p.m. adjourned until 11:00 a.m. tomorrow.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

February 12, 2001

HEALTH AND HUMAN SERVICES — CSSB 62

EDUCATION — CSSB 116, CSSB 206

CRIMINAL JUSTICE — SB 269, CSSB 288, CSSB 87

SIGNED BY GOVERNOR

February 8, 2001

SCR 4, SCR 16

SENT TO GOVERNOR

February 12, 2001

SCR 11