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	Monday, February 19, 2001
		SENATE JOURNAL

	TWENTY-SECOND DAY

	Monday, February 19, 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 John R. Watson III, Saint Peter's Episcopal Church, Amarillo, offered the invocation as follows: May we have a moment of silent prayer for Keith Ruiz, Travis County Deputy Sheriff who was killed in the line of duty on Thursday, February 15, 2001, and for his family. Blessed art Thou, O Lord our God, the fountain of wisdom, whose will is good and gracious, and whose law is truth. We thank You for this world that You have created and sustained with Your love and we thank You for this good land that You have given us for our heritage. Guide and bless our Senators of this great State of Texas here assembled, that they may enact such laws as shall please You. Give them courage, wisdom, and foresight that they may faithfully serve in their offices to promote the well-being of all people. Give grace to Your servants, O Lord. Amen. On motion of Senator Truan and by unanimous consent, the reading of the Journal of the proceedings of Thursday, February 15, 2001, was dispensed with and the Journal was approved. CO-AUTHOR OF SENATE BILL 7 On motion of Senator Ellis and by unanimous consent, Senator West will be shown as Co-author of SB 7. CO-AUTHORS OF SENATE BILL 11 On motion of Senator Nelson and by unanimous consent, Senators Bernsen, Lindsay, Shapiro, Shapleigh, and Wentworth will be shown as Co-authors of SB 11.



	77th Legislature — Regular Session 22th Day

	CO-AUTHOR OF SENATE BILL 16 On motion of Senator Nelson and by unanimous consent, Senator Van de Putte will be shown as Co-author of SB 16. CO-AUTHOR OF SENATE BILL 17 On motion of Senator Nelson and by unanimous consent, Senator Van de Putte will be shown as Co-author of SB 17. CO-AUTHOR OF SENATE BILL 18 On motion of Senator Nelson and by unanimous consent, Senator Van de Putte will be shown as Co-author of SB 18. CO-AUTHOR OF SENATE BILL 27 On motion of Senator Shapiro and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 27. CO-AUTHOR OF SENATE BILL 114 On motion of Senator Madla and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 114. CO-AUTHOR OF SENATE BILL 214 On motion of Senator Bernsen and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 214. CO-AUTHOR OF SENATE BILL 267 On motion of Senator Ogden and by unanimous consent, Senator Haywood will be shown as Co-author of SB 267. CO-AUTHOR OF SENATE BILL 285 On motion of Senator Nelson and by unanimous consent, Senator Moncrief will be shown as Co-author of SB 285. CO-AUTHOR OF SENATE BILL 331 On motion of Senator Haywood and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 331. CO-AUTHOR OF SENATE BILL 338 On motion of Senator Madla and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 338. CO-AUTHOR OF SENATE BILL 353 On motion of Senator Ellis and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 353. CO-AUTHOR OF SENATE BILL 389 On motion of Senator Shapleigh and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 389.



	Monday, February 19, 2001
		SENATE JOURNAL
	CO-AUTHOR OF SENATE BILL 398 On motion of Senator Duncan and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 398. CO-AUTHOR OF SENATE BILL 416 On motion of Senator Ogden and by unanimous consent, Senator Haywood will be shown as Co-author of SB 416. CO-AUTHORS OF SENATE BILL 532 On motion of Senator Nelson and by unanimous consent, Senators Bernsen, Moncrief, and Shapleigh will be shown as Co-authors of SB 532. CO-AUTHOR OF SENATE BILL 550 On motion of Senator Bernsen and by unanimous consent, Senator Ellis will be shown as Co-author of SB 550. CO-AUTHOR OF SENATE BILL 676 On motion of Senator Zaffirini and by unanimous consent, Senator Shapiro will be shown as Co-author of SB 676. CO-AUTHOR OF SENATE JOINT RESOLUTION 14 On motion of Senator Shapleigh and by unanimous consent, Senator Bernsen will be shown as Co-author of SJR 14. CO-AUTHOR OF SENATE CONCURRENT RESOLUTION 25 On motion of Senator Lucio and by unanimous consent, Senator Moncrief will be shown as Co-author of SCR 25. SENATE BILLS ON FIRST READING The following bills were introduced, read first time, and referred to the committees indicated: SB 715 by Staples Relating to a franchise tax credit for expenditures made toward the cost of transportation provided to certain welfare recipients. To Committee on Business and Commerce. SB 716 by Duncan, Bernsen Relating to programs to promote agriculture and economic development in rural areas of this state. To Committee on Natural Resources. SB 717 by Duncan Relating to the boll weevil eradication program. To Committee on Natural Resources. SB 718 by Duncan Relating to membership of the board of directors of the Lubbock Reese Development Authority. To Committee on Veteran Affairs and Military Installations.



	77th Legislature — Regular Session 22th Day

	SB 719 by West Relating to making a voter information guide for judicial elections available to the public. To Committee on Jurisprudence. SB 720 by West Relating to regulating certain political contributions made by judicial candidates and officeholders. To Committee on Jurisprudence. SB 721 by Wentworth Relating to the functions of the State Commission on Judicial Conduct. To Committee on Jurisprudence. SB 722 by Bernsen Relating to guardianships and other related matters concerning incapacitated persons. To Committee on Jurisprudence. SB 723 by Bernsen Relating to the probate and administration of a decedent's estate. To Committee on Jurisprudence. SB 724 by Wentworth Relating to the determination under the school finance system of the amount of collected taxes for certain school districts. To Committee on Education. SB 725 by Bivins Relating to the transfer of certain state property from the Texas Department of Mental Health and Mental Retardation to Texas Panhandle Mental Health Authority. To Committee on Natural Resources. SB 726 by Bivins Relating to the fiscal year and the date of elections of the Stratford Hospital District. To Committee on Intergovernmental Relations. SB 727 by Van de Putte Relating to the punishment for the offense of taking a weapon from a peace officer, parole officer, or community supervision and corrections department officer. To Committee on Criminal Justice. SB 728 by Van de Putte, Madla, Zaffirini Relating to the establishment and operation of the San Antonio Life Sciences Institute in The University of Texas System. To Committee on Education. SB 729 by Barrientos Relating to collective bargaining by employees of local governments. To Committee on Intergovernmental Relations. SB 730 by Harris Relating to the suspension of sentence and the deferral of adjudication in cases involving certain misdemeanor traffic offenses. To Committee on Criminal Justice.



	Monday, February 19, 2001
		SENATE JOURNAL
	SB 731 by Brown Relating to the liability of an officer of a nonprofit corporation. To Committee on Jurisprudence. SB 732 by Barrientos Relating to the certification of certain revenue received by a county after the fiscal year begins. To Committee on Intergovernmental Relations. SB 733 by Shapleigh Relating to the tuition charged certain foreign students attending a public junior college in a county bordering Mexico. To Committee on Education. SB 734 by Duncan Relating to a report by the Legislative Budget Board on the performance of the state's major investment funds. To Committee on Finance. SB 735 by Duncan Relating to immunity from civil liability of certain persons serving in school district after school programs or as agents of the commissioner of education. To Committee on Jurisprudence. SB 736 by Duncan Relating to the continuation and operation of the self-directed semi-independent agency pilot project and the continuation of the Texas State Board of Public Accountancy, the Texas Board of Professional Engineers, and the Texas Board of Architectural Examiners; making an appropriation. To Committee on Finance. SB 737 by Ellis, Duncan, Gallegos, Lindsay, Zaffirini Relating to the creation of the Texas excellence fund to promote research and excellence at certain institutions of higher education. To Committee on Finance. SB 738 by Bivins Relating to authorizing members of the governing body of certain municipalities to serve as volunteers. To Committee on Intergovernmental Relations. SB 739 by Wentworth Relating to the powers and duties of the board of managers of certain joint municipal and county hospitals. To Committee on Intergovernmental Relations. SB 740 by Bernsen Relating to certain diseases or illnesses suffered by a firefighter. To Committee on Intergovernmental Relations. SB 741 by Barrientos Relating to the authority of a public junior college to set reduced tuition rates. To Committee on Education.



	77th Legislature — Regular Session 22th Day

	SB 742 by Lucio Relating to standardized training in the use and application of certain pesticides. To Committee on Natural Resources. SB 743 by Lucio Relating to the tuition charged to certain foreign students for graduate public health courses offered by general academic teaching institutions located in border counties. To Committee on Education. SB 744 by Lucio Relating to certain fully insured multiple employer welfare arrangements. To Committee on Business and Commerce. SB 745 by Shapleigh, Shapiro Relating to sanctions that may be imposed on certain school districts. To Committee on Education. SB 746 by Staples Relating to an economic development program administered by the Texas Department of Agriculture. To Committee on Natural Resources. SB 747 by Staples Relating to the creation of municipal courts of record in Bullard. To Committee on Intergovernmental Relations. SB 748 by Ogden Relating to the ratification, creation, administration, powers, duties, operation, and financing of groundwater conservation districts in and coordinated management of groundwater resources for the central Carrizo-Wilcox area. To Committee on Natural Resources. SB 750 by Ellis Relating to the authority of a municipality to authorize the removal of certain motor vehicles from public roadways in the municipality to aid in the enforcement of parking ordinances of the municipality. To Committee on Intergovernmental Relations. RESOLUTION SIGNED The President announced the signing of the following enrolled resolution in the presence of the Senate: HCR 134. PHYSICIAN OF THE DAY Senator Truan was recognized and presented Dr. Rick Edwards of Corpus Christi as the Physician of the Day. The Senate welcomed Dr. Edwards and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.



	Monday, February 19, 2001
		SENATE JOURNAL
	GUESTS PRESENTED Senator Nelson was recognized and introduced to the Senate a group of students from the gifted and talented program of Heritage Elementary School in Highland Village. The Senate welcomed its guests. CONCLUSION OF MORNING CALL The President at 1:10 p.m. announced the conclusion of morning call. SENATE BILL 338 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 338 be taken up for consideration at this time: SB 338, Relating to a state plan for the prevention and treatment of hepatitis C. 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 338 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 338 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 208 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 208 be taken up for consideration at this time:



	77th Legislature — Regular Session 22th Day

	SB 208, Relating to reporting the academic performance of public high school graduates in institutions of higher education. 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 208 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 208 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 3 ON SECOND READING On motion of Senator Duncan and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment (submitted by Governor as an emergency matter): CSSB 3, Relating to establishing procedures for the preservation of evidence containing DNA and postconviction DNA testing. The bill was read second time and was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 3 ON THIRD READING Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 3 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,



	Monday, February 19, 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 the following vote: Yeas 30, Nays 0, Present-not voting 1. Present-not voting: Mr. President. SENATE BILL 479 ON SECOND READING Senator West 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 479 be taken up for consideration at this time: SB 479, Relating to the entry of protective order information in the statewide law enforcement information system. 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 479 ON THIRD READING Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 479 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 203 ON SECOND READING Senator Duncan 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 203 be taken up for consideration at this time: CSSB 203, Relating to the summoning of potential grand jurors.



	77th Legislature — Regular Session 22th 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. COMMITTEE SUBSTITUTE SENATE BILL 203 ON THIRD READING Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 203 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 CONCURRENT RESOLUTION 2 ON SECOND READING The President laid before the Senate for consideration at this time on its second reading: CSSCR 2, Declaring the pecan the official health nut of the State of Texas. FRASER The resolution was read second time and was adopted by a viva voce vote. COMMITTEE SUBSTITUTE SENATE CONCURRENT RESOLUTION 20 ON SECOND READING On motion of Senator West and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading: CSSCR 20, Urging judges who hear family law cases to increase use of alternative dispute resolution and mediation in solving child custody disputes. The resolution was read second time and was adopted by a viva voce vote.



	Monday, February 19, 2001
		SENATE JOURNAL
	SENATE CONCURRENT RESOLUTION 6 ON SECOND READING On motion of Senator Fraser and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading: SCR 6, Directing the Texas Transportation Commission to prioritize the construction of State Highway 195. The resolution was read second time. Senator Fraser offered the following amendment to the resolution: Floor Amendment No. 1 Amend SCR 6 by striking all below the fifth WHEREAS clause (Committee printing page 1, lines 36-51) and substituting the following: WHEREAS, The Texas Transportation Commission in May 2000 provided the project with a Priority 2 status to prepare plans, specifications, and estimates; subsequent phases of the 10-year, $100-million project should also be completed to enable the III Armored Corps to deploy troops and equipment from Fort Hood to the ports of Corpus Christi and Beaumont in the time frame required by the U.S. Department of Defense; and WHEREAS, The U.S. Department of Defense has determined that the expansion of State Highway 195 is of strategic importance and necessary for the deployment of forces from Fort Hood, the department should therefore provide funding to support the expansion; now, therefore, be it RESOLVED, That the 77th Legislature of the State of Texas hereby encourage the Texas Transportation Commission to support the expansion of State Highway 195 to ensure its use by the III Armored Corps as the southern convoy route to Texas' ports; and, be it further RESOLVED, That the secretary of state forward an official copy of this resolution to the chair of the Texas Transportation Commission and to all members of the Texas delegation to Congress. The amendment was read and was adopted by a viva voce vote. SCR 6 as amended was adopted by a viva voce vote. RESOLUTIONS OF RECOGNITION The following resolutions were passed by the Senate: Congratulatory Resolutions SR 251 by Haywood, Congratulating Kelli Amber Schoolcraft. SR 252 by Haywood, Congratulating Tiffany Lasiter. SR 253 by Haywood, Congratulating Shelley Gayler. SR 254 by Haywood, Congratulating Carolyn Aupperle. SR 255 by Haywood, Congratulating Katherine Ann Curry. SR 256 by Haywood, Congratulating Candace Lynne Mudd.



	77th Legislature — Regular Session 22th Day

	SR 257 by Haywood, Congratulating Alisha Lennee Lara. SR 258 by Haywood, Congratulating Alanna Henry. SR 259 by Haywood, Congratulating Megan Taflinger. SR 260 by Haywood, Congratulating Abigail Brooke Yedlowski. SR 261 by Haywood, Congratulating Tracey Gilliland. SR 262 by Haywood, Congratulating Jennifer Larson. SR 263 by Haywood, Congratulating Jessica Griffith. SR 264 by Haywood, Congratulating Mallory Peek. SR 265 by Haywood, Congratulating Jennifer A. Evans. SR 266 by Haywood, Congratulating Samantha Anderson. SR 267 by Haywood, Congratulating Suzannah Kubo. SR 268 by Haywood, Congratulating Sara Blouin. SR 269 by Haywood, Congratulating Megan Brittany Jordan. SR 270 by Haywood, Congratulating Tarissa Thomas. SR 271 by Haywood, Congratulating Rachel Lynn Barr. SR 272 by Haywood, Congratulating Anne Ullrich. SR 273 by Haywood, Congratulating Myranda Hinguanzo. SR 274 by Haywood, Congratulating Roxanne Piri. SR 275 by Haywood, Congratulating Franchell Gordon. SR 276 by Haywood, Congratulating Sara Weekly. SR 277 by Haywood, Congratulating Brigette Allen. SR 278 by Haywood, Congratulating Lindsay Maddox. SR 279 by Gallegos, Congratulating Joann Griggs of Jacinto City. SR 280 by Gallegos, Congratulating Dr. Thomas F. Freeman. SR 281 by Brown, Congratulating Darrel Edward and Sarah Patricia Mahan. SR 283 by Lucio, Congratulating Keith Davis. SR 285 by Jackson, Commending the members of the Pearl Hall Elementary School Fifth Grade Choir. SR 287 by Fraser, Congratulating Toby Michael Allen of Hamlin. SR 288 by Fraser, Congratulating Tyler Hill Davis of Hamlin. SR 289 by Fraser, Congratulating Elizabeth Burnett. SR 290 by Moncrief, Commending Ear Care by Dr. Anthony in Fort Worth. SR 291 by Moncrief, Congratulating Rachel Wiseman of Richland Hills.



	Monday, February 19, 2001
		SENATE JOURNAL
	Designation Resolutions SR 282 by Barrientos, Recognizing February 27, 2001, as Child Citizenship Act Day in Texas. SR 284 by Barrientos, Recognizing February 27, 2001, as 4-H Day in Texas. SR 292 by Harris, Recognizing February 21, 2001, as Mansfield Day at the State Capitol. SR 293 by Bernsen, Declaring February 20, 2001, as Texas Life Science Day. ADJOURNMENT On motion of Senator Truan, the Senate at 2:00 p.m. adjourned, in memory of Dale Earnhardt, Sr., and Keith Ruiz, Travis County Deputy Sheriff, until 11:00 a.m. tomorrow. APPENDIX COMMITTEE REPORTS The following committee reports were received by the Senate: February 19, 2001 HEALTH AND HUMAN SERVICES — SB 168, SB 279 EDUCATION — CSSB 189, CSSB 388, CSSB 403 HEALTH AND HUMAN SERVICES — CSSB 15, CSSB 31, CSSB 45, CSSB 115 EDUCATION — CSSB 158 HEALTH AND HUMAN SERVICES — CSSB 52, CSSB 159