Wednesday, February 14, 2001

SENATE JOURNAL

TWENTIETH DAY

Wednesday, February 14, 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.

Father David Garcia, San Fernando Cathedral, San Antonio, offered the invocation as follows:

Almighty God, we stand before You today conscious of the many blessings You have given to our great state and its diverse peoples. From early times those who came to these lands have always acknowledged Your gifts. The native Americans saw You in creation. The Spanish missionaries constructed temples to Your glory. Texans have continued for many generations to be people of faith grateful for Your gifts.

Today we know that these blessings are given to us in trust so that we may help You continue the creation of our world according to Your plan. We honor our history as we work for a new day when all live in peace and harmony, in equal dignity, and with every opportunity to fully participate in the life of our state.

Thank You for this day that You give to us. Help us to remember that every moment today is precious. 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 3

On motion of Senator Duncan and by unanimous consent, Senators Bivins and Whitmire will be shown as Co-authors of SB 3.

CO-AUTHOR OF SENATE BILL 6

On motion of Senator Shapiro and by unanimous consent, Senator Shapleigh will be shown as Co-author of SB 6.

77th Legislature — Regular Session 20th Day

CO-AUTHOR OF SENATE BILL 27

On motion of Senator Shapiro and by unanimous consent, Senator Nelson will be shown as Co-author of SB 27.

CO-AUTHOR OF SENATE BILL 232

On motion of Senator Harris and by unanimous consent, Senator Moncrief will be shown as Co-author of SB 232.

CO-AUTHORS OF SENATE BILL 353

On motion of Senator Ellis and by unanimous consent, Senators Shapiro, Staples, Truan, and West will be shown as Co-authors of SB 353.

CO-AUTHOR OF SENATE BILL 564

On motion of Senator Armbrister and by unanimous consent, Senator Wentworth will be shown as Co-author of SB 564.

CO-AUTHOR OF SENATE BILL 572

On motion of Senator Moncrief and by unanimous consent, Senator Barrientos will be shown as Co-author of SB 572.

CO-AUTHOR OF SENATE CONCURRENT RESOLUTION 24

On motion of Senator Nelson and by unanimous consent, Senator Truan will be shown as Co-author of SCR 24.

SENATE BILLS AND RESOLUTIONS ON FIRST READING

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

SB 666 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 667 by Van de Putte

Relating to the placement of a person on community supervision in a proceeding to enforce an order in a suit affecting the parent-child relationship.

To Committee on Jurisprudence.

SB 668 by Van de Putte

Relating to the service of citation by publication in a suit affecting the parent-child relationship.

To Committee on Jurisprudence.

SB 669 by Gallegos

Relating to the establishment of a retirement system for officers and employees of certain municipalities and of the retirement system and the transfer of credit from one retirement system to the established system.

To Committee on Intergovernmental Relations.

Wednesday, February 14, 2001

SENATE JOURNAL

SB 670 by Brown

Relating to the validation of any act, governmental proceeding, official, bond, or obligation of a navigation district or port authority.

To Committee on Natural Resources.

SB 671 by Jackson

Relating to the penalty for presenting or displaying a suspended, canceled, revoked or denied driver license.

To Committee on Criminal Justice.

SB 672 by Jackson

Relating to national fraternal organizations exempt from certain requirements of the Alcoholic Beverage Code.

To Committee on Business and Commerce.

SB 673 by Jackson

Relating to the authority of a municipality to lease or sell property used for the purpose of operating certain properties located on certain state-owned lands.

To Committee on Natural Resources.

SB 674 by Barrientos

Relating to the application of certain licensing and registration requirements to activities involving resilient floor-covering material.

To Committee on Business and Commerce.

SB 675 by Barrientos

Relating to a county's authority to set a fee for providing an online service.

To Committee on Intergovernmental Relations.

SB 676 by Zaffirini, Bivins, Madla, Shapiro, Gallegos, Lucio, Nelson

Relating to assessment of academic skills of certain students of limited English proficiency.

To Committee on Education.

SB 677 by Bernsen

Relating to a firearms accident prevention program for certain public school students.

To Committee on Education.

SB 678 by West

Relating to the period during which a justice, municipal, or juvenile court may defer proceedings against certain persons for purposes of attending a teen court program.

To Committee on Jurisprudence.

SB 679 by Harris

Relating to the enactment of the Texas Economic Development Act, authorizing certain ad valorem tax incentives for economic development, including authorizing school districts to provide tax relief for certain corporations and limited liability companies that make large investments that create or maintain jobs in this state, and to continuing the Property Redevelopment and Tax Abatement Act.

To Committee on Finance.

77th Legislature — Regular Session 20th Day

SB 680 by Shapleigh, Barrientos

Relating to the creation of a commission to study capital punishment in Texas.

To Committee on Criminal Justice.

SB 681 by Shapleigh, Zaffirini, Lucio

Relating to use of intelligent transportation systems at certain transportation facilities.

To Committee on Business and Commerce.

SB 682 by Van de Putte

Relating to the implementation of a public education curriculum based on scientific research.

To Committee on Education.

SB 683 by Shapleigh

Relating to the creation of additional statutory county courts in El Paso County and to the administration, jurisdiction, and operation of statutory and district courts in that county.

To Committee on Jurisprudence.

SB 684 by Madla

Relating to the definition of non-physician mental health professional for purposes of a proceeding or evaluation under the Texas Mental Health Code.

To Committee on Health and Human Services.

SB 685 by Madla

Relating to transfer of the regulation of riding stables to the Texas Animal Health Commission from the Texas Department of Health.

To Committee on Natural Resources.

SJR 23 by Duncan

Proposing a constitutional amendment to permit the commissioners court of a county to call an election to abolish the office of constable in the county.

To Committee on Intergovernmental Relations.

SJR 24 by Duncan

Proposing a constitutional amendment to permit the Commissioners Court of Lubbock County to call an election to abolish the office of constable in the county.

To Committee on Intergovernmental Relations.

SJR 25 by Shapleigh, Barrientos

Proposing a constitutional amendment relating to a moratorium on the execution of persons convicted of capital offenses.

To Committee on Criminal Justice.

RESOLUTION SIGNED

The President announced the signing of the following enrolled resolution in the presence of the Senate: HCR 108.

SENATE RESOLUTION 238

Senator Nelson offered the following resolution:

WHEREAS, The Texas Senate is proud to recognize the significant gains being made in the prevention and treatment of cardiovascular disease and stroke among citizens of the Lone Star State; and

Wednesday, February 14, 2001

SENATE JOURNAL

WHEREAS, Heart disease is the leading cause of death in Texas, and the myriad contributions of medical professionals, educators, and volunteers in promoting increased public awareness of heart disease and stroke prevention and treatment have undoubtedly touched the lives of many people; and

WHEREAS, With the goal of reducing the number of Texans suffering from these health problems, significant efforts are now under way through the Council on Cardiovascular Disease & Stroke and others to address the modifiable risk factors associated with heart disease and stroke, including smoking, high cholesterol, high blood pressure, poor nutrition, physical inactivity, and obesity; and

WHEREAS, Citizens throughout Texas are encouraged to become more knowledgeable about these modifiable factors as well as the nonmodifiable factors and to learn all they can about these issues in order to enjoy longer, healthier, more fulfilling lives; now, therefore, be it

RESOLVED, That the Senate of the 77th Texas Legislature hereby recognize February 14, 2001, as Cardiovascular Disease and Stroke Awareness Day at the State Capitol and extend best wishes to all those individuals who are working so diligently for the elimination of these serious health problems.

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

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate a delegation of YDs (Young Democrats) from The University of Texas at Austin.

The Senate welcomed its guests.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

February 14, 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 134, Designating February 12-16, 2001, as National Heart Failure Awareness Week.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

GUESTS PRESENTED

Senator Staples was recognized and introduced to the Senate a delegation of citizens from the City of Jefferson.

The Senate welcomed its guests.

77th Legislature — Regular Session 20th Day

PHYSICIAN OF THE DAY

Senator Armbrister was recognized and presented Dr. David Watson of Yoakum as the Physician of the Day.

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

SENATE RESOLUTION 235

Senator Van de Putte offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to join the citizens of San Antonio in recognizing San Fernando Cathedral, America's oldest continuous parish; and

WHEREAS, Located on the west side of La Plaza de las Islas in San Antonio, San Fernando Cathedral is a large and busy parish church which embodies the soul of the city; approximately 900 baptisms, 70 funerals, and 100 marriages are performed at the church annually, and many of the services are conducted in Spanish; and

WHEREAS, The cathedral had its beginnings in 1731 when the earliest Spanish families arrived in San Antonio from the Canary Islands; they began construction of a church and laid the cornerstone in 1738; the building was ready to receive worshipers in 1749; and

WHEREAS, The church was completed in 1755, and the original walls still stand, forming what is now the sanctuary of the present church and constituting the oldest standing structure in the City of San Antonio; and

WHEREAS, Named in honor of Ferdinand III, King of Castile, who died in 1252, the cathedral has been the site of numerous historical events, such as the wedding of James Bowie and Ursula de Veramendi; in 1836, Santa Anna's troops camped on the cathedral grounds, and many years after the Battle of the Alamo, ashes of the Alamo's Texas heroes were placed in a marble crypt inside the church; and

WHEREAS, In 1868, renovation of the church began, and a gabled roof and twin towers were added; with the formation of the Diocese of San Antonio in 1874, the church was designated a cathedral, and during the mid-1970s, another major restoration took place; further repairs were made in preparation for the 1987 visit by Pope John Paul II; and

WHEREAS, A magnificent edifice with beautiful furnishings, San Fernando Cathedral has endured as the spiritual center of San Antonio, and over 4,000 citizens participate in weekend Masses each week of the year; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby extend appreciation for the contributions of San Fernando Cathedral to the citizens of San Antonio and to our state and admiration for the cathedral's beauty, classic simplicity, and ongoing traditions; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the cathedral as an expression of esteem from 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 Van de Putte, the resolution was adopted by a viva voce vote.

Wednesday, February 14, 2001

SENATE JOURNAL

GUESTS PRESENTED

Senator Van de Putte was recognized and introduced to the Senate Father David Garcia, who offered the invocation today, and Deacon Enrique Barrera of San Fernando Cathedral in San Antonio.

The Senate welcomed its guests.

CONCLUSION OF MORNING CALL

The President at 11:17 a.m. announced the conclusion of morning call.

SENATE BILL 84 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 SB 84 be taken up for consideration at this time:

SB 84, Relating to the liability of certain volunteer centers.

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.

SENATE BILL 84 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 SB 84 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.

SENATE BILL 149 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 149 be taken up for consideration at this time:

SB 149, Relating to the colleges and universities eligible to participate in the tuition equalization grant program.

77th Legislature — Regular Session 20th Day

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.

SENATE BILL 149 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 149 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 36 ON SECOND READING

Senator Zaffirini 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 36 be taken up for consideration at this time:

CSSB 36, Relating to training for certain caseworkers employed by health and human services agencies or local mental health or mental retardation authorities.

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 36 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 CSSB 36 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,

Wednesday, February 14, 2001

SENATE JOURNAL

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.

SENATE BILL 209 ON SECOND READING

Senator Bivins 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 209 be taken up for consideration at this time:

SB 209, Relating to the boards of trustees of certain special-purpose school districts.

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.

SENATE BILL 209 ON THIRD READING

Senator Bivins moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 209 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.

SENATE BILL 82 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 82 be taken up for consideration at this time:

SB 82, Relating to courses offered by a public junior college for joint high school and junior college credit.

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.

77th Legislature — Regular Session 20th Day

SENATE BILL 82 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 82 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.

SENATE BILL 37 ON SECOND READING

Senator Zaffirini 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 37 be taken up for consideration at this time:

SB 37, Relating to establishing a temporary nursing facility license.

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.

RECORD OF VOTE

Senator Harris asked to be recorded as voting "Nay" on the passage of SB 37 to engrossment.

SENATE BILL 37 ON THIRD READING

Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 37 be placed on its third reading and final passage.

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, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Harris, Wentworth.

Present-not voting: Mr. President.

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

Wednesday, February 14, 2001

SENATE JOURNAL

RECORD OF VOTE

Senator Harris asked to be recorded as voting "Nay" on the final passage of SB 37.

SENATE BILL 387 ON SECOND READING

Senator Bivins 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 387 be taken up for consideration at this time:

SB 387, Relating to high school diplomas for certain veterans.

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.

SENATE BILL 387 ON THIRD READING

Senator Bivins moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 387 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.

SENATE BILL 439 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 439 be taken up for consideration at this time:

SB 439, Relating to the match requirement for the receipt of state funds by certain organizations providing chemical dependency treatment services.

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.

77th Legislature — Regular Session 20th Day

SENATE BILL 439 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 439 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.

SENATE BILL 38 ON SECOND READING

Senator Zaffirini 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 38 be taken up for consideration at this time:

SB 38, Relating to authorizing the conduct of architectural review before the construction or remodeling of certain long-term and other care facilities.

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, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini.

Nays: Harris.

Present-not voting: Mr. President.

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

RECORD OF VOTE

Senator Harris asked to be recorded as voting "Nay" on the passage of SB 38 to engrossment.

SENATE BILL 38 ON THIRD READING

Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 38 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 2, Present-not voting 1.

Wednesday, February 14, 2001

SENATE JOURNAL

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

Nays: Harris, Wentworth.

Present-not voting: Mr. President.

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

RECORD OF VOTE

Senator Harris asked to be recorded as voting "Nay" on the final passage of SB 38.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Congratulatory Resolutions

SR 194 by Van de Putte, Commending San Fernando Cathedral in San Antonio.

SR 233 by Whitmire, Congratulating the Reverend Raymond Ellis Scott.

SR 234 by Madla, Congratulating Ben Natividad of Pecos.

SR 236 by Fraser, Commending First National Bank Texas.

SR 237 by Truan, Congratulating Mary Helen Salazar.

SR 239 by Haywood, Commending the farmers and ranchers of the City of Seymour and of Baylor County.

Designation Resolutions

SR 206 by Moncrief, Recognizing February 14, 2001, as Congenital Heart Defect Awareness Day in the State of Texas.

HCR 134 (Zaffirini), Designating February 12-16, 2001, as National Heart Failure Awareness Week.

ADJOURNMENT

On motion of Senator Truan, the Senate at 11:38 a.m. adjourned, in memory of Houston firefighters Kimberly Smith and Lewis Mayo, until 11:00 a.m. tomorrow.

77th Legislature — Regular Session 20th Day

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

February 14, 2001

JURISPRUDENCE — CSSB 236

STATE AFFAIRS — SB 124, SB 131, SB 380, SB 405, SB 418, SB 441, SB 443, SB 481, SB 482, CSSB 79, CSSB 257, CSSB 410

EDUCATION — SB 76