Tuesday, February 13, 2001

SENATE JOURNAL

NINETEENTH DAY

Tuesday, February 13, 2001

PROCEEDINGS

The Senate met at 11:00 a.m. pursuant to adjournment and was called to order by the President.

The roll was called and the following Senators were present: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, 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.

Chaplain Donald E. Brewington, Huston-Tillotson College, Austin, offered the invocation as follows:

Eternal and merciful God, we bow before You this morning in a spirit of thanksgiving. We realize that it was Your grace that woke us up this morning, Your goodness that has allowed us to arrive at this place safely, and Your love that will sustain us throughout this day. Lord, we thank You for these who have assembled to determine legislation that will govern this state and affect the lives of millions of Your people. As they go about the business of the day, dear Lord, touch the mind and heart of each person assembled so that Your voice might be heard in the mix, and that in hearing Your voice, they might follow Your leading so that at the end of this day they might go forth from this place declaring, surely the will of God has been done and the people will be blessed. Lead now, Lord, and in Your leading may Your grace abound, Your mercy direct, and Your wisdom prevail. It is in Your name that we pray these words. 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.

CO-AUTHORS OF SENATE BILL 15

On motion of Senator Nelson and by unanimous consent, Senators Shapiro and Zaffirini will be shown as Co-authors of SB 15.

CO-AUTHOR OF SENATE BILL 16

On motion of Senator Nelson and by unanimous consent, Senator Shapiro will be shown as Co-author of SB 16.

77th Legislature — Regular Session 19th Day

CO-AUTHORS OF SENATE BILL 17

On motion of Senator Nelson and by unanimous consent, Senators Shapiro and Zaffirini will be shown as Co-authors of SB 17.

CO-AUTHORS OF SENATE BILL 18

On motion of Senator Nelson and by unanimous consent, Senators Shapiro and Zaffirini will be shown as Co-authors of SB 18.

CO-AUTHORS OF SENATE BILL 24

On motion of Senator Shapiro and by unanimous consent, Senators Nelson, Van de Putte, and Zaffirini will be shown as Co-authors of SB 24.

CO-AUTHOR OF SENATE BILL 43

On motion of Senator Zaffirini and by unanimous consent, Senator Truan will be shown as Co-author of SB 43.

CO-AUTHORS OF SENATE BILL 78

On motion of Senator Haywood and by unanimous consent, Senators Carona, Fraser, Jackson, Lucio, Shapleigh, and Van de Putte will be shown as Co-authors of SB 78.

CO-AUTHOR OF SENATE BILL 87

On motion of Senator Ellis and by unanimous consent, Senator West will be shown as Co-author of SB 87.

CO-AUTHOR OF SENATE BILL 289

On motion of Senator Armbrister and by unanimous consent, Senator Haywood will be shown as Co-author of SB 289.

CO-AUTHOR OF SENATE BILL 373

On motion of Senator Moncrief and by unanimous consent, Senator Truan will be shown as Co-author of SB 373.

CO-AUTHOR OF SENATE BILL 374

On motion of Senator Moncrief and by unanimous consent, Senator Truan will be shown as Co-author of SB 374.

CO-AUTHOR OF SENATE BILL 375

On motion of Senator Zaffirini and by unanimous consent, Senator Truan will be shown as Co-author of SB 375.

CO-AUTHOR OF SENATE BILL 376

On motion of Senator Zaffirini and by unanimous consent, Senator Truan will be shown as Co-author of SB 376.

CO-AUTHOR OF SENATE BILL 385

On motion of Senator Bivins and by unanimous consent, Senator West will be shown as Co-author of SB 385.

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SENATE JOURNAL

CO-AUTHOR OF SENATE BILL 406

On motion of Senator Cain and by unanimous consent, Senator Truan will be shown as Co-author of SB 406.

CO-AUTHOR OF SENATE CONCURRENT RESOLUTION 6

On motion of Senator Fraser and by unanimous consent, Senator Ogden will be shown as Co-author of SCR 6.

CO-AUTHOR OF SENATE CONCURRENT RESOLUTION 10

On motion of Senator Shapleigh and by unanimous consent, Senator Lucio will be shown as Co-author of SCR 10.

SENATE BILLS AND RESOLUTIONS ON FIRST READING

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

SB 640 by Duncan

Relating to electronic filing of certain tax reports and payments.

To Committee on Finance.

SB 641 by Duncan

Relating to the acquisition of goods and services by institutions of higher education.

To Committee on Education.

SB 642 by Duncan

Relating to the General Services Commission's facilities leasing program.

To Committee on State Affairs.

SB 643 by Madla

Relating to the practice of acupuncture.

To Committee on Health and Human Services.

SB 644 by Moncrief

Relating to continuity of care for offenders with mental impairments.

To Committee on Health and Human Services.

SB 645 by Shapiro

Relating to the establishment of an electronic system for occupational licensing transactions.

To Committee on State Affairs.

SB 646 by Bivins

Relating to dropout and completion rates in public schools.

To Committee on Education.

SB 647 by Lindsay

Relating to the creation of the Old Town Spring Improvement District; providing authority to impose a tax and issue bonds.

To Committee on Intergovernmental Relations.

SB 648 by Lucio

Relating to the authority of the Automobile Theft Prevention Authority to establish advisory committees.

To Committee on State Affairs.

77th Legislature — Regular Session 19th Day

SB 649 by Truan, Zaffirini

Relating to training requirements for applicants for and recipients of financial assistance for water and sewer services under the economically distressed areas program.

To Committee on Natural Resources.

SB 650 by Carona

Relating to the composition of and membership on an appraisal review board.

To Committee on Intergovernmental Relations.

SB 651 by Carona

Relating to certain examinations administered by the Texas Board of Chiropractic Examiners.

To Committee on Health and Human Services.

SB 652 by Staples

Relating to the payment of retirement benefits to certain members of the Employees Retirement System of Texas who return to state employment.

To Committee on State Affairs.

SB 653 by Staples

Relating to certain counseling and treatment that may be required under a protective order of a person found to have committed family violence.

To Committee on Jurisprudence.

SB 654 by Staples

Relating to certain licensing information required for registration as a sex offender.

To Committee on Criminal Justice.

SB 655 by Staples

Relating to minimum salaries for public school classroom teachers, librarians, counselors, and nurses.

To Committee on Education.

SB 656 by West

Relating to the designation and functions of a state demographer.

To Committee on Administration.

SB 657 by Barrientos

Relating to telephone solicitation; providing penalties.

To Committee on Business and Commerce.

SB 658 by Barrientos, Shapleigh, Van de Putte

Relating to the exemption from ad valorem taxation of property of a disabled veteran or the surviving spouse or children of a deceased disabled veteran or member of the armed forces who dies while on active duty.

To Committee on Veteran Affairs and Military Installations.

SB 659 by Barrientos

Relating to regulation of telephone solicitors.

To Committee on Business and Commerce.

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SENATE JOURNAL

SB 660 by Carona

Relating to the regulation of the practice of barbering.

To Committee on State Affairs.

SB 661 by Carona

Relating to certain entities and individuals permitted to exchange information regarding special needs offenders.

To Committee on Criminal Justice.

SB 662 by Van de Putte

Relating to combining the office of public insurance counsel, the Office of Public Utility Counsel, and the office of public interest counsel of the Texas Natural Resource Conservation Commission into a single independent office of public interest counsel; providing a penalty.

To Committee on State Affairs.

SB 663 by Madla

Relating to the continuing education requirements for a county treasurer.

To Committee on Intergovernmental Relations.

SB 664 by Madla

Relating to the investigation of abuse, neglect, or exploitation of persons in certain facilities.

To Committee on Health and Human Services.

SB 665 by Moncrief, Zaffirini, Madla

Relating to the creation of an office within the Health and Human Services Commission for coordinating the delivery of early childhood services.

To Committee on Health and Human Services.

SCR 25 by Lucio, Armbrister, Barrientos, Brown, Cain, Carona, Duncan, Ellis, Fraser, Harris, Haywood, Madla, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, Zaffirini, Moncrief

Memorializing Congress to recognize the impact on Texas of the federal policy of opening the border to Mexican trucks in accordance with provisions of the North American Free Trade Agreement.

To Committee on Business and Commerce.

SJR 22 by Barrientos, Shapleigh, Van de Putte

Proposing a constitutional amendment relating to the ad valorem tax exemption for the surviving spouse and children of a deceased disabled veteran.

To Committee on Veteran Affairs and Military Installations.

PHYSICIAN OF THE DAY

Senator Van de Putte was recognized and presented Dr. David Schneider of San Antonio as the Physician of the Day.

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

GUESTS PRESENTED

Senator Truan was recognized and introduced to the Senate Congressional Medal of Honor recipient Louis R. Rocco; Adjutant General, Texas National Guard,

77th Legislature — Regular Session 19th Day

Major General Daniel James III; Director, United States Selective Service System, Gil Coronado; Helen Coronado, National Council of La Raza; Brigadier General Michael B. Smith; Colonel Claude E. Hempel; and Lieutenant Colonel Rogelio Rodriguez.

The Senate welcomed its guests.

(Senator Brown in Chair)

GUESTS PRESENTED

Senator Armbrister was recognized and introduced to the Senate a group of students from Memorial High School in Victoria, Cuero High School in Cuero, Bloomington High School in Bloomington, and Calhoun High School in Port Lavaca.

The Senate welcomed its guests.

SENATE BILL 180 REREFERRED

Senator Fraser submitted a Motion In Writing requesting that SB 180 be withdrawn from the Committee on Intergovernmental Relations and rereferred to the Committee on Finance.

The Motion In Writing prevailed without objection.

SENATE BILL 578 REREFERRED

Senator Madla submitted a Motion In Writing requesting that SB 578 be withdrawn from the Committee on State Affairs and rereferred to the Committee on Business and Commerce.

The Motion In Writing prevailed without objection.

(President in Chair)

SENATE RESOLUTION 192

Senator Staples offered the following resolution:

WHEREAS, The Texas Senate is proud to welcome the visiting members of the Texas Forestry Association (TFA) to the State Capitol and to recognize February 13, 2001, as Texas Forestry Association Day; and

WHEREAS, Formed more than 80 years ago, TFA is a nonprofit trade association composed of over 3,400 members who cultivate, manage, harvest, and process forest resources; through education, political action, and public relations, TFA strives to advance and perpetuate forestry in the state while meeting the resource needs of landowners, producers, and consumers and promoting a greater understanding and acceptance of forest conservation practices; and

WHEREAS, Timber is the third-largest agricultural crop in Texas, which has more than 12 million acres of forestland; the forestry industry employs over 91,000 people with an annual payroll exceeding $2 billion and has an annual economic impact of over $22 billion; and

WHEREAS, The association's members have a vested interest in ensuring that Texas' forests continue to thrive, and to that end, the forest industry and private landowners plant more than 100 million seedlings annually; and

WHEREAS, In an effort to increase public awareness of forestry, TFA is distributing 5,500 hardwood seedlings near the south steps of the State Capitol during

Tuesday, February 13, 2001

SENATE JOURNAL

its visit, and it is indeed a privilege to recognize this noteworthy organization for its exemplary work at this time; now, therefore, be it

RESOLVED, That the Senate of the 77th Texas Legislature hereby recognize February 13, 2001, as Texas Forestry Association Day at the State Capitol and extend to the organization's members best wishes for a memorable visit; and, be it further

RESOLVED, That an official copy of this resolution be prepared for the Texas Forestry Association as an expression of high regard by the Texas Senate.

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

GUESTS PRESENTED

Senator Staples was recognized and introduced to the Senate members of the Texas Forestry Association.

The Senate welcomed its guests.

SENATE RESOLUTION 216

Senator Bernsen offered the following resolution:

WHEREAS, Texas rice farmers play a vital role in the agricultural production of the state and of the country, and their outstanding success in growing this crop is indeed worthy of special recognition; and

WHEREAS, Rice is the staple grain for two-thirds of the world's people, and its dietary importance for the expanding populations of many Third World countries cannot be overemphasized; and

WHEREAS, Intense research and development in rice technology has resulted in making rice one of the most land-efficient and cost-efficient crops grown and has given American rice farmers some of the highest yields per acre in the world; and

WHEREAS, The United States is one of the largest exporters of this crop, sending shipments to more than 100 countries and supplying about 15 percent of the rice produced for world trade; and

WHEREAS, Texas is a key producer in this country's rice industry, growing over 1.6 billion pounds of the more than 20 billion pounds harvested in the United States annually; and

WHEREAS, A $2 billion a year cash crop, rice ranks as the fifth most valuable food crop in the nation, and its cultivation supports a significant number of farmers and millers in Texas and in other states; and

WHEREAS, In addition to their contribution to the state and national economy, Texas rice farms represent a key element in the enhancement of habitat for waterfowl such as ducks, geese, swans, and cranes; and

WHEREAS, Rice is prized for its nutritional value and its economical cost, and it is one of this country's leading agricultural products; the Texans who grow rice are to be commended for work that makes such a positive impact, both at home and abroad; now, therefore, be it

RESOLVED, That the Senate of the 77th Texas Legislature hereby recognize February 13, 2001, as Texas Rice Day at the State Capitol and extend sincere best wishes to all Texans involved in the production of this important crop.

BERNSEN

ARMBRISTER

BROWN

JACKSON

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

77th Legislature — Regular Session 19th Day

GUESTS PRESENTED

Senator Bernsen, joined by Senators Armbrister, Brown, and Jackson, was recognized and introduced to the Senate a delegation of Texas rice farmers.

The Senate welcomed its guests.

BIRTHDAY GREETINGS EXTENDED

Senator Barrientos was recognized and announced to the Senate that today was Senator Zaffirini's birthday.

The Senate extended its congratulations to Senator Zaffirini.

SENATE RESOLUTION 229

Senator Fraser offered the following resolution:

WHEREAS, Whether it be through his acting or his extensive work in the community, Larry Hagman is a leader and role model, and his many good works and deeds are indeed worthy of special legislative recognition; and

WHEREAS, This Weatherford native's ongoing and invaluable efforts have had a positive impact on countless lives, and his involvement in the community includes having served as chairman for the American Cancer Society's "Great American Smokeout" and as a national spokesperson for the National Kidney Foundation's U.S. Transplant Games, an Olympic-style event for recipients of lifesaving organ transplants of every type; and

WHEREAS, Currently serving as a board member of the National Kidney Foundation's Transplant America, he continues to urge people to become organ donors while vigorously spreading the word about the serious repercussions of alcohol and substance abuse; and

WHEREAS, A versatile actor of considerable talents, Larry Hagman has appeared in numerous films, television shows, and theatrical productions; moreover, he served as the host of Lone Star, an eight-part documentary series on the history of our state that was televised in the fall of 1985 as Texas celebrated its 150th anniversary of its independence; and

WHEREAS, No biography of his illustrious career would be complete without mention of his portrayal of J. R. Ewing on the immensely popular and long-running television series Dallas; the show ran for an impressive 13 seasons and can still be seen in reruns, and there are few television viewers anywhere who do not know the name J. R.; and

WHEREAS, Mr. Hagman is a notable actor whose outstanding record of community service speaks volumes about his devotion and commitment to his fellowman, and it is most appropriate to pay tribute to this distinguished native son at this time; now, therefore, be it

RESOLVED, That the Senate of the 77th Texas Legislature hereby recognize Larry Hagman as a "Texas Treasure" for his significant contributions to our state and extend to him sincere best wishes for success and good fortune in future endeavors; and, be it further

RESOLVED, That an official copy of this resolution be prepared for Larry Hagman as a token of high regard by the Texas Senate.

The resolution was read.

Tuesday, February 13, 2001

SENATE JOURNAL

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 Fraser, the resolution was adopted by a rising vote of the Senate.

GUESTS PRESENTED

Senator Fraser was recognized and introduced to the Senate Larry Hagman and his wife Maj; Dick Spalding, President of the Serenity Foundation, and his wife Kaye; and Cindy Wier, Executive Vice-president of the Serenity Foundation.

The Senate welcomed its guests.

GUESTS PRESENTED

Senators Nelson and Cain were recognized and introduced to the Senate students from the eleventh-grade history class and the twelfth-grade government class from Avalon School in Avalon.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Duncan was recognized and introduced to the Senate a delegation from the Lubbock Youth Commission.

The Senate welcomed its guests.

SENATE BILL 206 RECOMMITTED

On motion of Senator Bivins and by unanimous consent, SB 206 was recommitted to the Committee on Education.

SENATE RESOLUTION 187

Senator Gallegos offered the following resolution:

WHEREAS, The Senate of the State of Texas is proud to recognize February 13, 2001, as East End Day at the Capitol; and

WHEREAS, Houston's historic East End was born in 1826, when the settlement of Harrisburg was founded by John Richard Harris at the junction of Buffalo and Brays bayous; and

WHEREAS, Harrisburg briefly became the first capital of the Texas Republic and was the home of the first lone star flag; and

WHEREAS, Early in its history, Harrisburg became an important transportation center for the Gulf Coast area; after the Civil War, Harrisburg became known as the city where "17 railroads meet the sea"; and

WHEREAS, The widening of the Houston Ship Channel in 1919 only increased Harrisburg's significance as an important transportation hub; the city was annexed by Houston in December, 1927; and

WHEREAS, Today, old Harrisburg, now Houston's East End, continues to be vital to the economic functioning of not only the Texas Gulf Coast, but also of the entire state; the Port of Houston generates $7.7 billion in annual revenues for the city and affects 250,000 jobs in Texas; and

WHEREAS, Houston's East End is the home of the second-largest petrochemical complex in the world, and the banks of the ship channel are filled with oil refineries and the businesses that serve them; and

77th Legislature — Regular Session 19th Day

WHEREAS, In this new millennium, the East End's top priority is to encourage economic rejuvenation within the area; the East End Chamber of Commerce, an association of business and community leaders, is working to promote a greater sense of community pride, make infrastructure improvements, and provide better educational opportunities for residents; and

WHEREAS, Those who are working to revitalize the East Side have already met with success; retail growth is escalating, and old shopping centers are being refurbished; a historic Texas community whose residents are working to preserve their rich past and create a brighter future, Houston's East End greatly deserves a day of recognition at our state Capitol; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby express its appreciation to the people of the East End of Houston for the many contributions they have made to our state and extend best wishes to them for a successful East End Day in Austin; and, be it further

RESOLVED, That a copy of this Resolution be prepared for residents of the East End of Houston as a memento of this jubilant occasion.

The resolution was read.

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

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

GUESTS PRESENTED

Senator Gallegos was recognized and introduced to the Senate members of the East End Chamber of Commerce of Houston.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate members of the YDs (Young Democrats) from Southwest Texas State University in San Marcos.

The Senate welcomed its guests.

CONCLUSION OF MORNING CALL

The President at 11:40 a.m. announced the conclusion of morning call.

SENATE RESOLUTION 126

Senator Van de Putte offered the following resolution:

WHEREAS, The Texas Senate is proud to join citizens from across the Lone Star State in the observance of Kidney Day at the Capitol and to honor the memory of Senator Greg Luna on February 13, 2001; and

WHEREAS, The Texas Renal Coalition, the National Kidney Foundation affiliates of Texas, and other organizations throughout the State of Texas are committed to heightening the public's awareness of kidney-related problems; the Texas Renal Coalition is a nonprofit organization whose mission is to assist in the

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SENATE JOURNAL

advancement of future health care programs for dialysis and transplant patients and those patients affected by urinary tract or kidney disease; acting as a clearinghouse for information related to legislative issues and advances in research, the coalition will provide a forum for all interested parties involved in treatment, research, or educational programs related to kidney disease; and

WHEREAS, In order to achieve these worthy goals, efforts are being focused on creating adequate support for research and education, monitoring health policy development, and educating those with the power to develop health policy to do so in a way to make lives better in Texas; and

WHEREAS, Dedicated volunteers and health professionals work in tandem to ensure the finest care for people afflicted with kidney ailments and hope to ultimately prevent this devastating disease; current treatment options for patients experiencing end stage renal failure include hemodialysis, peritoneal dialysis, and organ transplantation, and each of these methods has been developed within the last 27 years; and

WHEREAS, Many individuals associated with organizations have demonstrated compassion and professionalism in their efforts to eradicate kidney disease, and they have been of great benefit to countless Texans; now, therefore, be it

RESOLVED, That the Senate of the 77th Texas Legislature hereby recognize February 13, 2001, as Kidney Day at the Capitol and Senator Greg Luna Day and extend warmest wishes for continued success to the staff, boards of directors, and volunteers from the Texas Renal Coalition, the National Kidney Foundation, and other organizations throughout Texas; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the Texas Renal Coalition, the affiliates of the National Kidney Foundation, and other organizations as an expression of high regard by the Texas Senate.

The resolution was again 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.

The resolution was previously adopted on Monday, January 29, 2001.

GUESTS PRESENTED

Senator Van de Putte was recognized and introduced to the Senate Rita Littlefield and Sandy Taylor, accompanied by volunteers of the Texas Renal Coalition.

The Senate welcomed its guests.

COMMITTEE SUBSTITUTE

SENATE BILL 24 ON SECOND READING

Senator Shapiro 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 24 be taken up for consideration at this time:

CSSB 24, Relating to the manner in which the testimony of a child who is the victim of or witness to an alleged offense may be taken in certain criminal proceedings.

77th Legislature — Regular Session 19th Day

The motion prevailed by the following vote: Yeas 28, Nays 2, 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, Van de Putte, Wentworth, Whitmire, Zaffirini.

Nays: Truan, West.

Present-not voting: Mr. President.

The bill was read second time and was passed to engrossment by the following vote: Yeas 28, Nays 2, Present-not voting 1. (Same as previous roll call)

COMMITTEE SUBSTITUTE

SENATE BILL 24 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 CSSB 24 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 27, Nays 3, 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, Van de Putte, Whitmire, Zaffirini.

Nays: Truan, Wentworth, West.

Present-not voting: Mr. President.

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

(Senator Sibley in Chair)

SENATE BILL 126 ON SECOND READING

Senator Madla 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 126 be taken up for consideration at this time:

SB 126, Relating to the creation and funding of a rural communities health care investment program to attract and retain rural health care professionals.

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 Madla offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend SB 126 as follows:

On page 1 line 14, strike subsection (2) and substitute the following new subsection.

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"(2) "Medically underserved community" means:

(A) a community located in a county with a population not greater than 50,000; or

(B) designated under state or federal law as:

(i) a health professional shortage area; or

(ii) a medically underserved area; or

(C) designated a medically underserved community by the Center for Rural Health Initiatives."

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

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

SB 126 as amended was passed to engrossment by the following vote: Yeas 30, Nays 0, Present-not voting 1. (Same as previous roll call)

SENATE BILL 126 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 SB 126 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.

COMMITTEE SUBSTITUTE

SENATE BILL 25 ON SECOND READING

Senator Shapiro 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 25 be taken up for consideration at this time:

CSSB 25, Relating to the classification of manslaughter and intoxication manslaughter as violent offenses punishable by a determinate sentence.

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 the following vote: Yeas 30, Nays 0, Present-not voting 1. (Same as previous roll call)

77th Legislature — Regular Session 19th Day

COMMITTEE SUBSTITUTE

SENATE BILL 25 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 CSSB 25 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.

(President in Chair)

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Congratulatory Resolutions

SR 226 by Brown, Congratulating O. C. Haley.

SR 227 by Cain, Congratulating David and Doris Kerbow of Commerce.

SR 228 by Cain, Congratulating Jarad Lee Kent.

SR 230 by Ellis, Congratulating Hannah Rosenthal.

SR 231 by Ellis, Congratulating Shelli Soto.

SR 232 by Ellis, Congratulating Annette Ramirez and Michael Jay Kjar.

Designation Resolution

SR 222 by Madla, Recognizing February 13, 2001, as Texas Community Development Day at the State Capitol.

ADJOURNMENT

On motion of Senator Truan, the Senate at 12:15 p.m. adjourned until 11:00 a.m. tomorrow.

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APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

February 13, 2001

JURISPRUDENCE — CSSB 3 (Emergency matter), CSSB 203, SB 395, SB 479, SB 495, SB 214, SB 215, SB 233, CSSCR 20