Tuesday, February 20, 2001

SENATE JOURNAL

TWENTY-THIRD DAY

Tuesday, February 20, 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.

The Reverend Jack Buteyn, Reformed Church, Plano, offered the invocation as follows:

Lord, all of us who are here know that this is a place of power. We thank You that it is also a place of integrity and responsibility. We thank You for these public servants who are willing to accept that responsibility. We thank You that our legislators are also willing to work so hard to make our life and our world a better place, to make it a safer place, a more compassionate place, a more humane place. Guide these Senators. Inspire them. Motivate them. Energize them for the task. We pray for Governor Perry, President Bush, and our families. In Your name we pray. 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 7

On motion of Senator Ellis and by unanimous consent, Senators Madla and Moncrief will be shown as Co-authors of SB 7.

CO-AUTHORS OF SENATE BILL 15

On motion of Senator Nelson and by unanimous consent, Senators Shapleigh and Van de Putte will be shown as Co-authors of SB 15.

CO-AUTHORS OF SENATE BILL 198

On motion of Senator Moncrief and by unanimous consent, Senators Harris, Nelson, Sibley, and West will be shown as Co-authors of SB 198.

77th Legislature — Regular Session 23rd Day

CO-AUTHOR OF SENATE BILL 415

On motion of Senator Carona and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 415.

CO-AUTHOR OF SENATE BILL 554

On motion of Senator Carona and by unanimous consent, Senator Barrientos will be shown as Co-author of SB 554.

CO-AUTHOR OF SENATE BILL 572

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

SENATE BILLS AND RESOLUTION ON FIRST READING

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

SB 303 by Lucio

Relating to the functions of the State Commission on Judicial Conduct.

To Committee on Jurisprudence.

SB 749 by Shapleigh, Lucio

Relating to the authority of the Texas Natural Resource Conservation Commission to participate in environmental projects in Mexico.

To Committee on Business and Commerce.

SB 751 by Shapleigh, Madla

Relating to providing the services of promotoras to certain recipients of medical assistance.

To Committee on Health and Human Services.

SB 752 by Barrientos

Relating to the application of the higher education uniform admission policy to graduates of certain special high school programs.

To Committee on Education.

SB 753 by Van de Putte

Relating to the regulation of controlled substances under the Texas Controlled Substances Act, to the accessibility of certain information collected under that Act, and to the punishment for certain offenses under that Act.

To Committee on Criminal Justice.

SB 754 by Van de Putte

Relating to consumer protection for and remedies available to a homebuyer whose home does not comply with certain warranties; providing an administrative penalty.

To Committee on Business and Commerce.

SB 755 by Bivins

Relating to administration of certain state assessment instruments to public school students.

To Committee on Education.

Tuesday, February 20, 2001

SENATE JOURNAL

SB 756 by Jackson

Relating to exempting certain governmental actions regulating sexually oriented businesses from the Private Real Property Rights Preservation Act.

To Committee on Intergovernmental Relations.

SB 757 by Jackson

Relating to creating the State of Texas Anniversary Remembrance Day Medal.

To Committee on State Affairs.

SB 758 by Gallegos

Relating to the composition of the Texas Alcoholic Beverage Commission.

To Committee on Business and Commerce.

SB 759 by Gallegos

Relating to the composition of the Texas Alcoholic Beverage Commission.

To Committee on Business and Commerce.

SB 760 by Gallegos

Relating to the composition of the Texas Alcoholic Beverage Commission.

To Committee on Business and Commerce.

SB 761 by Gallegos

Relating to the composition of the Texas Alcoholic Beverage Commission.

To Committee on Business and Commerce.

SB 762 by Lucio

Relating to the funding and administration of certain activities of the Council on Workforce and Economic Competitiveness.

To Committee on Business and Commerce.

SB 763 by Barrientos

Relating to conditions of employment for a peace officer or a detention officer employed by certain sheriff's departments.

To Committee on Intergovernmental Relations.

SB 764 by Armbrister

Relating to the deterrence of conduct involving the operation of a motor vehicle while under the influence of an alcoholic beverage; providing a penalty.

To Committee on Criminal Justice.

SB 765 by Madla

Relating to requiring the state and counties to share the cost of contracting for certain collection services.

To Committee on Jurisprudence.

SB 766 by Madla

Relating to the penalties applicable for the violation of laws concerning the processing and sale of meat and poultry products.

To Committee on Health and Human Services.

SB 767 by Madla

Relating to the authority of populous counties to regulate land development after a local option election.

To Committee on Intergovernmental Relations.

77th Legislature — Regular Session 23rd Day

SB 768 by Madla

Relating to the regulation of the practice of pharmacy and the dispensing of certain drugs.

To Committee on Health and Human Services.

SB 769 by Harris

Relating to the requirement that certain information be provided in a suit affecting the parent-child relationship.

To Committee on Jurisprudence.

SB 770 by Harris

Relating to availability of health benefit plan coverage for certain dependents of an enrollee.

To Committee on Business and Commerce.

SB 771 by Harris

Relating to a consumers' guide for employers regarding health benefit plans.

To Committee on Business and Commerce.

SB 772 by Harris, Zaffirini

Relating to requiring the Texas Department of Human Services to establish criteria for designating nursing facility operators with excellent operating records as eligible to acquire a license to operate another existing nursing facility on an expedited basis.

To Committee on Health and Human Services.

SB 773 by Harris

Relating to the general power of the Texas Department of Transportation to contract.

To Committee on State Affairs.

SB 774 by Harris

Relating to the composition of the third and eighth administrative judicial regions.

To Committee on Jurisprudence.

SB 775 by Harris

Relating to requiring the seller of residential real property to disclose to the purchaser the location of certain commercial enterprises.

To Committee on Business and Commerce.

SB 776 by Harris

Relating to the collection of accrued interest on child support arrearages; providing a penalty.

To Committee on Jurisprudence.

SB 777 by Barrientos

Relating to applications for disabled parking placards.

To Committee on State Affairs.

SB 778 by Shapiro

Relating to the definition of an off-premise sign and the attachment of the nonconforming, off-premise sign status to the original nonconforming, off-premise sign.

To Committee on Intergovernmental Relations.

Tuesday, February 20, 2001

SENATE JOURNAL

SB 779 by Duncan

Relating to the creation of an agricultural lien.

To Committee on Natural Resources.

SB 780 by Lindsay

Relating to the creation, administration, powers, duties, operation, and financing of the West Harris County Regional Water Authority; granting the power of eminent domain; granting the authority to issue bonds or notes; providing a civil penalty.

To Committee on Natural Resources.

SB 781 by Lindsay

Relating to a county's authority to prohibit the travel of certain commercial trucks during certain periods.

To Committee on Intergovernmental Relations.

SR 286 by Wentworth

Memorializing Congress to propose and submit to the states for ratification an amendment to the United States Constitution to prohibit federal courts from ordering or instructing any state or political subdivision thereof, or an official of any state or political subdivision, to levy or increase taxes.

To Committee on State Affairs.

GUEST PRESENTED

Senator Zaffirini was recognized and introduced to the Senate Dr. Ricardo Cigarroa of Laredo.

The Senate welcomed Dr. Cigarroa.

MESSAGE FROM THE GOVERNOR

The following Message from the Governor was read and was referred to the Committee on Nominations:

Austin, Texas

February 19, 2001

TO THE SENATE OF THE SEVENTY-SEVENTH LEGISLATURE, REGULAR SESSION:

I ask the advice, consent and confirmation of the Senate with respect to the following appointments:

TO BE COMMISSIONER OF THE TEXAS TRANSPORTATION COMMISSION for a term to expire February 1, 2007:

Ric Williamson

P.O. Box 1179

Weatherford, Texas 76086

(to replace David Laney of Dallas whose term expired)

77th Legislature — Regular Session 23rd Day

TO BE COMMISSIONER OF HEALTH AND HUMAN SERVICES for a term to expire February 1, 2003:

Don Gilbert

3215 Exposition

Austin, Texas 78703

Commissioner Gilbert is being reappointed.

TO BE COMMISSIONER OF INSURANCE for a term to expire February 1, 2003:

Jose Montemayor

10113 Wild Dunes Drive

Austin, Texas 78747

Commissioner Montemayor is being reappointed.

Respectfully submitted,

/s/Rick Perry

Governor

RESOLUTION SIGNED

The President announced the signing of the following enrolled resolution in the presence of the Senate: HCR 93.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

February 20, 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 86, Honoring the 80th anniversary of the National Association of Retired Federal Employees and declaring February 19-23, 2001, National Association of Retired Federal Employees Week in the State of Texas.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

GUEST PRESENTED

Senator Truan was recognized and introduced to the Senate Elizabeth Linda Routh of Corpus Christi, member of the Texas State Technical College System Board of Regents.

The Senate welcomed Ms. Routh.

Tuesday, February 20, 2001

SENATE JOURNAL

PHYSICIANS OF THE DAY

Senator Wentworth was recognized and presented Drs. Michael Hindman and Eliot Young of San Antonio as the Physicians of the Day.

The Senate welcomed Dr. Hindman and Dr. Young and thanked them for their participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.

GUESTS PRESENTED

Senator Duncan was recognized and introduced to the Senate members of the Texas Public Employees Association.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Haywood was recognized and introduced to the Senate members of the Girl Scouts of the USA and their sponsors.

The Senate welcomed its guests.

SENATE RESOLUTION 295

Senator Staples offered the following resolution:

WHEREAS, The Texas Senate is pleased to recognize February 20, 2001, as Shelby County Day and wholeheartedly welcome the county's visiting delegation to the State Capitol; and

WHEREAS, Organized in 1837, Shelby County is one of Texas' original counties and was named for Revolutionary War hero Isaac Shelby; its early history is a dramatic one filled with accounts of battles between outlaw gangs and determined homesteaders, including the feud that escalated into the infamous Regulator-Moderator War; and

WHEREAS, Following this tumultuous period, the county seat was relocated from the town of Shelbyville to Center, which was named for its central geographic location in the county; Center is home to one of the county's most noteworthy landmarks, a 19th century Irish-castle-style courthouse that is featured in the National Register of Historic Places; and

WHEREAS, Shelby County is located in the heart of the East Texas Piney Woods and boasts a wealth of natural resources, including dense stands of trees and rich bottomlands well watered by the Sabine and Neches rivers; its economy has long been fueled by timber and agricultural industries, and the county continues to be one of Texas' leaders in poultry production; and

WHEREAS, The citizens of the county have proven themselves to be deeply committed to not only preserving their county's storied past but also striving to meet the challenges of the future; education is of paramount importance to its residents, who strongly support such notable projects as Shelby College Center and the EnviroKids program at the C. H. Daniels Intermediate School; and

WHEREAS, The county is also home to the 4-H Rough Riders' Precision Riding and Drill teams, outstanding groups that consistently excel in state competitions; moreover, it offers such appealing annual events as the East Texas Poultry Festival and the Fox Hunt at the Boles Field; and

77th Legislature — Regular Session 23rd Day

WHEREAS, Steeped in tradition but continually forward-looking, Shelby County is truly an asset to the Lone Star State, and it is most fitting that we pay tribute to this fine community and its proud residents at this time; now, therefore, be it

RESOLVED, That the Senate of the 77th Texas Legislature hereby recognize February 20, 2001, as Shelby County Day at the State Capitol and extend warmest best wishes to the citizens of that fine county for a memorable observance.

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

GUESTS PRESENTED

Senator Staples was recognized and introduced to the Senate a delegation of citizens from Shelby County.

The Senate welcomed its guests.

SENATE RESOLUTION 293

Senator Bernsen offered the following resolution:

WHEREAS, Since the discovery of DNA in 1953, the field of life science has evolved quickly and has led to medical advances that have improved the quality of life for millions around the world and in Texas, and the new generation of scientists and researchers of this state is indeed deserving of special legislative recognition; and

WHEREAS, The cycle of innovation in the area of life science has brought great benefits to the Lone Star State; not only has the physical health of Texans been improved by these advances, but the economic health of the state has benefited as well; and

WHEREAS, In 1998 alone, academic and research institutions in Texas invested over $1 billion in research and development; from these institutions, in tandem with almost 500 life science companies across the state, new technologies emerge and are introduced to consumers; and

WHEREAS, These new technologies range from innovative treatments for cancer and infectious disease to advanced diagnostic and medical devices, and they represent a tremendous advantage for both the consumer and the economy in Texas; medical research and life science companies produced a gross state product impact of nearly $4 billion in 2000 and employed over 50,000 Texans; and

WHEREAS, The continued growth and advancement of the life science industry in Texas holds great promise; some small measure of the potential that this remarkable field holds will be highlighted in a display in the Capitol Extension from February 19 to 23, 2001, with exhibits detailing the wonders of this growing field; and

WHEREAS, The health and economic benefits provided to our state by the businesses and institutions involved in the life science industry are countless, and it is indeed appropriate to recognize these entities and their important contributions at this time; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby declare February 20, 2001, Texas Life Science Day and extend to all those individuals in this worthy field warm best wishes for continued success; and, be it further

RESOLVED, That a copy of this Resolution be prepared in honor of this auspicious occasion.

The resolution was again read.

The resolution was previously adopted on Monday, February 19, 2001.

Tuesday, February 20, 2001

SENATE JOURNAL

GUESTS PRESENTED

Senator Lucio was recognized and introduced to the Senate a delegation of citizens and city officials from the City of Brownsville.

The Senate welcomed its guests.

SENATE RESOLUTION 296

Senator Shapiro offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pride in joining the citizens of Richardson on the joyous occasion of Richardson Legislative Day at the State Capitol on February 20, 2001; and

WHEREAS, Originally called Breckenridge before the Civil War era, the town of Richardson grew around a new station on the T&NO Railroad built in the area in 1872; the city was renamed for a railroad official, A. S. Richardson; and

WHEREAS, Located in northeastern Dallas County, Richardson is noted for the Telecom Corridor area, a commercial and industrial area that is occupied by more than 700 high technology and telecommunications firms; and

WHEREAS, The city also has 27 parks that cover 1,014 acres and offer fitness trails, swimming pools, and tennis courts; the city is home to Owens Spring Creek Farm, a commercial sausage-making firm that maintains a museum and showcase farm with Belgian horses and Shetland ponies; and

WHEREAS, The Richardson Chamber of Commerce and its affiliated Telecom Corridor Technology Business Council have played a major role in establishing the harmony that exists between business and government in the Richardson area; the Technology Business Council is the first of its kind in Texas and one of a small but growing number across the nation; and

WHEREAS, Richardson is known for its high-quality public schools and is recognized for its Wildflower Arts and Music Festival and Cottonwood Arts Festival; and

WHEREAS, Richardson is home of The University of Texas at Dallas which has more than 11,000 students and is the fastest-growing public university in Texas in enrollment; the university also has an outstanding School of Engineering and Computer Science to serve the technology industry in the Telecom Corridor and across the Metroplex; and

WHEREAS, Richardson Legislative Day at the State Capitol provides the citizens of the region with an opportunity to rejoice in the amenities of their outstanding city and to take pride in its unique contributions to the State of Texas; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the citizens of Richardson and the Richardson Chamber of Commerce and the Telecom Corridor Technology Business Council on their fruitful collaboration and extend to them best wishes for a rewarding Richardson Telecom Corridor Legislative Day at the State Capitol; and, be it further

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

SHAPIRO

CARONA

The resolution was read.

77th Legislature — Regular Session 23rd Day

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 Shapiro, the resolution was adopted by a viva voce vote.

GUESTS PRESENTED

Senator Shapiro, joined by Senator Carona, was recognized and introduced to the Senate a delegation of citizens and city officials from the City of Richardson.

The Senate welcomed its guests.

GUEST PRESENTED

Senator Barrientos was recognized and introduced to the Senate Congressman Gene Green of Houston.

The Senate welcomed Congressman Green.

GUESTS PRESENTED

Senator Ellis was recognized and introduced to the Senate a delegation of alumni of the University of Houston.

The Senate welcomed its guests.

REPORT OF COMMITTEE ON NOMINATIONS

Senator Nelson submitted the following report from the Committee on Nominations:

We, your Committee on Nominations, to which were referred the following appointments, have had same under consideration and report them back to the Senate with a recommendation that they be confirmed.

Members, Texas Energy Coordination Council: Donald W. Niemiec, Tarrant County; Charles R. Patton, Travis County; Clay Michael Sloan, Travis County; James A. Tramuto, Harris County; Douglas P. Whipple, Brazoria County.

Member, Texas Natural Resource Conservation Commission: R. B. "Ralph" Marquez, Williamson County.

Members, Texas Water Development Board: William W. Meadows, Tarrant County; Kathleen Hartnett White, Jeff Davis County.

Member, Board for Lease of Parks and Wildlife Department Lands: William Gammon III, Travis County.

Members, Radiation Advisory Board: Eugene A. Coleman, Ph.D., Hockley County; Ian Scott Hamilton, Ph.D., Brazos County; Judith A. Pester, M.D., El Paso County; Kevin L. Raabe, Wilson County; Elaine L. Wells, Smith County.

Commissioners, Texas Animal Health Commission: Ron Davenport, Parmer County; Reta K. Dyess, Cherokee County; Romulo Rangel, Jr., D.V.M., Cameron County.

Tuesday, February 20, 2001

SENATE JOURNAL

Members, Coastal Coordination Council: John Barrett, San Patricio County; William H. Clayton, Ph.D., Galveston County; Robert B. Dunkin, Cameron County; Elizabeth A. Nisbet, Nueces County.

Members, State Seed and Plant Board: A. James Allison, Ph.D., Swisher County; Kelly Anne Book, Bastrop County; Mark A. Hussey, Ph.D., Brazos County.

Members, Angelina and Neches River Authority Board of Directors: Karen Elizabeth Barber, Jasper County; Dominick B. Bruno, Cherokee County; Kimberly R. Luna, Nacogdoches County; Carl Ray Polk, Jr., Angelina County; Roy L. Stark, Anderson County.

Member, Brazos River Authority Board of Directors: Beverly W. Sawyer, Bell County.

Members, Upper Colorado River Authority Board of Directors: Raymond T. Meza, Tom Green County; Jeffie Harmon Roberts, Coke County; Hyman D. Sauer, Schleicher County.

Members, Upper Guadalupe River Authority Board of Directors: Mollie Maresh, Kerr County; Thomas M. Myers, Kerr County.

Members, Lavaca-Navidad River Authority Board of Directors: Mark Cayce, Jackson County; Sharla Vee Strauss, Jackson County; Willard E. Ulbricht, Jackson County.

Red River Compact Commissioner for Texas: William A. Abney, Harrison County.

Member, Sabine River Compact Administration: Thomas Wayne Reeh, Orange County.

Members, Trinity River Authority of Texas Board of Directors: Russell B. Arnold, Trinity County; Harold L. Barnard, Ellis County; Karl R. Butler, Dallas County; Michael Cronin, Kaufman County; Vincent Cruz, Jr., Tarrant County; Jerry F. House, Sr., D.Min., Leon County; Lynn Hardy Neely, Madison County; Billy V. Richardson, San Jacinto County.

Members, State Board of Veterinary Medical Examiners: Gary C. Brantley, D.V.M., Dallas County; Mario A. Escobar, Zavala County; Dee Ann Pederson, D.V.M., Travis County.

Members, Texas Youth Commission Governing Board: Cathleen C. Herasimchuk, Harris County; Nicholas T. Serafy, Jr., Cameron County.

Members, Crime Stoppers Advisory Council: Janice C. Gillen, Fort Bend County; Juan F. Jorge, Harris County.

Member, School Land Board: Charles Louis Renaud II, Midland County.

Members, Gulf Coast Waste Disposal Authority Board of Directors: Louis S. "Sam" Dell'Olio, Jr., Galveston County; Rafael Ortega, Harris County; Shirley U. Seale, Chambers County.

Members, Texas State Library and Archives Commission: Chris A. Brisack, Hidalgo County; Elizabeth Ann Sanders, Tarrant County.

77th Legislature — Regular Session 23rd Day

Members, Children's Trust Fund of Texas Council: Joe Cordova, Tarrant County; Gigi Edwards, Williamson County; James Louis Lukefahr, M.D., Galveston County; Judy Wilson Semlinger, Angelina County; Katherine Sosa, Bexar County.

Member, Angelina and Neches River Authority Board of Directors: Julie Dowell, Smith County.

NOTICE OF CONSIDERATION OF NOMINATIONS

Senator Nelson gave notice that she would tomorrow at the conclusion of morning call submit to the Senate for consideration nominations to agencies, boards, and commissions of the state.

GUEST PRESENTED

Senator Van de Putte was recognized and introduced Bill Pound, Executive Director of the National Conference of State Legislatures, to the Senate.

The Senate welcomed Mr. Pound.

GUESTS PRESENTED

Senator Bernsen was recognized and introduced to the Senate members of the Texas Waterway Operators Association.

The Senate welcomed its guests.

CONCLUSION OF MORNING CALL

The President at 11:35 a.m. announced the conclusion of morning call.

SENATE BILL 256 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 256 be taken up for consideration at this time:

SB 256, Relating to the recovery by a taxing unit of certain costs on the resale of property bid off to the unit at a tax foreclosure sale.

The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 2.

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, Wentworth, Whitmire, Zaffirini.

Present-not voting: West, Mr. President.

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

RECORD OF VOTE

Senator West asked to be recorded as "Present-not voting" on the passage of SB 256 to engrossment.

Tuesday, February 20, 2001

SENATE JOURNAL

SENATE BILL 256 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 256 be placed on its third reading and final passage.

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

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, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: West, Mr. President.

The bill was read third time and was passed by the following vote: Yeas 29, Nays 0, Present-not voting 2.

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, Wentworth, Whitmire, Zaffirini.

Present-not voting: West, Mr. President.

SENATE BILL 214 ON SECOND READING

Senator Bernsen 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 214 be taken up for consideration at this time:

SB 214, Relating to the statute of limitations for the presentation of certain felony indictments.

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 Bernsen offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 214, in SECTION 1 of the bill, as follows:

(1)  In Article 12.01, Code of Criminal Procedure, strike Subdivision (2) (Committee Printing page 1, lines 17 through 28) and substitute the following:

(2)  ten years from the date of the commission of the offense:

(A)  theft of any estate, real, personal or mixed, by an executor, administrator, guardian or trustee, with intent to defraud any creditor, heir, legatee, ward, distributee, beneficiary or settlor of a trust interest in such estate;

(B)  theft by a public servant of government property over which he exercises control in his official capacity;

77th Legislature — Regular Session 23rd Day

(C)  forgery or the uttering, using or passing of forged instruments; [or ]

(D)  indecency with a child under Section 21.11(a)(2), Penal Code; or

(E)  injury to a child, elderly individual, or disabled individual punishable as a felony of the first degree under Section 22.04, Penal Code;

(2)  In Paragraph (E), Subdivision (4), Article 12.01, Code of Criminal Procedure (Committee Printing page 1, line 45), after "disabled individual" and before the semicolon add "that is not punishable as a felony of the first degree under Section 22.04, Penal Code".

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

Senator Shapiro offered the following amendment to the bill:

Floor Amendment No. 2

Amend SB 214 as follows:

(1)  In SECTION 1 of the bill, in Article 12.01(2), Code of Criminal Procedure (Committee Printing, page 1, line 26), strike "or" and substitute "[or ]".

(2)  In SECTION 1 of the bill, in Article 12.01(2), Code of Criminal Procedure, (Committee Printing, page 1, line 28), immediately after the semicolon, add "or".

(3)  In SECTION 1 of the bill, in Article 12.01(2), Code of Criminal Procedure (Committee Printing, page 1, between lines 28 and 29), insert the following:

"(F)  sexual assault, except as provided by Subdivision (5);".

(4)  In SECTION 1 of the bill, in amended Article 12.01(4), Code of Criminal Procedure (Committee Printing, page 1, lines 41 and 42), strike "sexual assault, except as provided in Subsection (5) of this article;" and substitute "kidnapping [sexual assault, except as provided in Subsection (5) of this article ];".

(5)  In SECTION 1 of the bill, in amended Article 12.01(4), Code of Criminal Procedure (Committee Printing, page 1, line 43), strike "(D) kidnapping;".

(6)  In SECTION 1 of the bill, in amended Article 12.01(4), Code of Criminal Procedure (Committee Printing, page 1, line 44), strike "(E)" and substitute "(D)".

(7)  In SECTION 1 of the bill, in amended Article 12.01(4), Code of Criminal Procedure (Committee Printing, page 1, line 46), strike "(F)" and substitute "(E)".

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

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

SB 214 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 214 ON THIRD READING

Senator Bernsen moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 214 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.

Tuesday, February 20, 2001

SENATE JOURNAL

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 288 ON SECOND READING

Senator Armbrister 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 288 be taken up for consideration at this time:

CSSB 288, Relating to the financial transactions of a community supervision and corrections department.

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 288 ON THIRD READING

Senator Armbrister moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 288 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 124 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 124 be taken up for consideration at this time:

SB 124, Relating to electronic reporting of political contributions and expenditures for certain candidates and officeholders.

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 23rd Day

SENATE BILL 124 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 124 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 286 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 286 be taken up for consideration at this time:

SB 286, Relating to the authority of a county judge to delegate to another county officer the duty to hear applications for mass gatherings.

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 286 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 286 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.

Tuesday, February 20, 2001

SENATE JOURNAL

SENATE BILL 495 ON SECOND READING

Senator Bernsen 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 495 be taken up for consideration at this time:

SB 495, Relating to the educational requirements for certain justices of the peace.

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 495 ON THIRD READING

Senator Bernsen moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 495 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 269 ON SECOND READING

Senator Ogden 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 269 be taken up for consideration at this time:

SB 269, Relating to criminal and civil liability for causing injury to a pregnant woman.

The motion prevailed by the following vote: Yeas 25, Nays 5, Present-not voting 1.

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

Nays: Barrientos, Bernsen, Gallegos, Moncrief, Shapleigh.

Present-not voting: Mr. President.

The bill was read second time and was passed to engrossment by the following vote: Yeas 25, Nays 5, Present-not voting 1. (Same as previous roll call)

77th Legislature — Regular Session 23rd Day

SENATE BILL 269 ON THIRD READING

Senator Ogden moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 269 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 24, Nays 6, Present-not voting 1.

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

Nays: Barrientos, Bernsen, Gallegos, Moncrief, Shapleigh, Wentworth.

Present-not voting: Mr. President.

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

RECORD OF VOTES

Senators Barrientos, Bernsen, Gallegos, Moncrief, and Shapleigh asked to be recorded as voting "Nay" on the final passage of SB 269.

GUESTS PRESENTED

Senator Truan was recognized and introduced to the Senate Angel Gomez and Lila Hynick of Robstown.

The Senate welcomed its guests.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

SR 301 by Van de Putte, In memory of Father Don Shepanski of San Antonio.

SR 306 by Sibley, In memory of Virginia Crump of China Spring.

Congratulatory Resolutions

SR 300 by Truan, Commending the eighth-grade girls volleyball team of Marvin Baker Middle School in Corpus Christi.

SR 302 by Fraser, Congratulating Will John Barnett of Hamlin.

SR 311 by Shapleigh, Extending best wishes to Patricio Martinez Garcia, Governor of Chihuahua, Mexico.

Designation Resolutions

SR 299 by Nelson, Harris, Moncrief, Sibley, and West, Recognizing February 21 and 22, 2001, as Tarrant County Day at the State Capitol.

SR 304 by Brown, Armbrister, and Ellis, Declaring February 21, 2001, as Fort Bend County Capitol Day.

ADJOURNMENT

On motion of Senator Truan, the Senate at 12:13 p.m. adjourned, in memory of Myrle Greathouse of Abilene, until 11:00 a.m. tomorrow.

Tuesday, February 20, 2001

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APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

February 20, 2001

CRIMINAL JUSTICE — CSSB 21, CSSB 347, SB 483 (Amended)

77th Legislature — Regular Session 23rd Day

In Memory

of

Myrle Greathouse

Senator Fraser offered the following resolution:

(Senate Resolution 294)

WHEREAS, The passing of Myrle Greathouse of Abilene on December 29, 2000, at the age of 78, has brought a great loss to the family and many friends of this esteemed gentleman; and

WHEREAS, Mr. Greathouse was born in Amarillo on September 19, 1922, and graduated from Amarillo High School, where he played linebacker and fullback on the 1940 state championship football team; a dedicated athlete and scholar, he graduated from Oklahoma University in 1949, lettering in football every year, and was later inducted into the Texas High School Football Hall of Fame in Waco; and

WHEREAS, In 1943, this distinguished gentleman joined the United States Marine Corps and, during his tenure of military service, earned the prestigious Purple Heart; and

WHEREAS, Beginning a career that would span more than four decades, Mr. Greathouse moved to Abilene in 1954 and assumed a post with WES-TEX Drilling; his tremendous leadership ability enabled him to ascend through the ranks of the company, which included being named executive vice president in 1956 and then president in 1979; and

WHEREAS, Renowned throughout the community for his compassionate nature, he gave generously of his time and talents to a host of community organizations, including the West Texas Rehabilitation Center and the Joint Venture for Crippled Children; in addition, this native Texan served as a board member of First National Bank of Abilene and Crockett County National Bank in Ozona and San Angelo and as president of the Petroleum Club; and

WHEREAS, Throughout his noteworthy career, Mr. Greathouse earned acclaim as both a community and industry leader; he and WES-TEX were awarded the Petroleum Industry Award in 1986, he was named Oilman of the Year in 1988 by the West Central Texas Oil & Gas Association, he received the Golden Deeds Award, and he was honored as Abilene's Outstanding Philanthropist by the National Society of Fund-Raising Executives; a man to whom giving was a lifelong commitment, he established the Greathouse Foundation in 1997, which since its founding has distributed over two million dollars to local charities; and

WHEREAS, A devoted husband to his wife, Marcella, and father of three, Mr. Greathouse was a loyal member of Brook Hollow Christian Church; he was a man of immense ability and integrity, and although he will

Tuesday, February 20, 2001

SENATE JOURNAL

be greatly missed, his spirit will live on in the hearts and minds of the many people whose lives he touched; now, therefore, be it

RESOLVED, That the Senate of the 77th Texas Legislature hereby pay tribute to the life of Myrle Greathouse and extend sincere sympathy to the members of his family: to his wife, Marcella; to his son, Micah; to his daughter and her husband, Sharon and Mike McDonald; to his sisters, Nettie Campbell and Betty McKinney; to his grandchildren, Kelly Taylor and Christopher McDonald; to his great-grandchildren, Brennen and MacKenzie Taylor; and to his many other relatives and friends; and, be it further

RESOLVED, That an official copy of this resolution be prepared for his family and that when the Texas Senate adjourns this day, it do so in memory of Myrle Greathouse.

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

Senator Fraser was recognized and introduced to the Senate family members of Myrle Greathouse.

The Senate welcomed its guests and extended its sympathy.