Wednesday, February 21, 2001

SENATE JOURNAL

TWENTY-FOURTH DAY

Wednesday, February 21, 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 Steve Stroope, Lakepoint Baptist Church, Rockwall, offered the invocation as follows:

Dear heavenly father, thank You for this new day and the many opportunities it will give all of us to honor You. We pray in particular for these men and women who represent and serve the citizens of Texas. Give them both the courage to act and the humility to wait and consider. Endow them with the wisdom to know when to admonish the unruly, when to encourage the faint-hearted, and when to help the weak. Bless them and their families as they serve You. In our lord's 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-AUTHOR OF SENATE BILL 19

On motion of Senator Nelson and by unanimous consent, Senator Armbrister will be shown as Co-author of SB 19.

CO-AUTHOR OF SENATE BILL 115

On motion of Senator Madla and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 115.

CO-AUTHORS OF SENATE BILL 488

On motion of Senator Harris and by unanimous consent, Senators Haywood and Nelson will be shown as Co-authors of SB 488.

SENATE BILLS ON FIRST READING

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

77th Legislature — Regular Session 24th Day

SB 782 by Madla

Relating to advanced transportation districts.

To Committee on Intergovernmental Relations.

SB 783 by Truan

Relating to the emergency possession of and termination of the parent-child relationship of certain abandoned children.

To Committee on Jurisprudence.

SB 784 by Ogden

Relating to the creation, administration, powers, duties, operation, and financing of the Bluebonnet Groundwater Conservation District.

To Committee on Natural Resources.

SB 785 by Ogden

Relating to the creation, administration, powers, duties, operation, and financing of the Walker Groundwater Conservation District.

To Committee on Natural Resources.

SB 786 by Barrientos, Harris

Relating to the creation of an unsolved crimes investigation team within the Department of Public Safety of the State of Texas.

To Committee on Criminal Justice.

SB 787 by Brown

Relating to certain regulations regarding the sale and operation of certain vehicles.

To Committee on State Affairs.

SB 788 by West

Relating to certain suits by perpetual care cemetery plot owners.

To Committee on Jurisprudence.

SB 789 by Moncrief, Ellis, Duncan, Bernsen, Zaffirini

Relating to the regulation and reimbursement of telemedicine medical services.

To Committee on Health and Human Services.

SB 790 by Barrientos

Relating to participation in and benefits and administration of retirement systems for firefighters in certain municipalities.

To Committee on Intergovernmental Relations.

SB 791 by Nelson

Relating to the imposition of administrative, civil, and criminal penalties and the authorization of emergency license suspension for certain licensing programs regulated by the Texas Department of Health.

To Committee on Health and Human Services.

SB 792 by Ellis

Relating to repayment of certain law school education loans.

To Committee on Education.

Wednesday, February 21, 2001

SENATE JOURNAL

SB 793 by Ellis

Relating to the manner in which the Board of Pardons and Paroles performs duties related to clemency in capital cases.

To Committee on Criminal Justice.

SB 794 by Ellis

Relating to the right of a foreign national to contact a foreign consular official.

To Committee on Criminal Justice.

SB 795 by Ellis, Staples

Relating to the forfeiture of profits received from the sale of crime memorabilia.

To Committee on Criminal Justice.

SB 796 by Madla

Relating to the exception to disclosure under the public information law of certain audit working papers.

To Committee on State Affairs.

SB 797 by Wentworth, Zaffirini

Relating to the creation of an additional county court at law in Guadalupe County.

To Committee on Intergovernmental Relations.

SB 798 by Duncan

Relating to the listing of state agency employment openings.

To Committee on State Affairs.

SB 799 by Duncan

Relating to requiring state agencies to perform exit interviews with employees.

To Committee on State Affairs.

SB 800 by Wentworth

Relating to the regulation of the subdivision of land under the jurisdiction of counties.

To Committee on Intergovernmental Relations.

SB 801 by Duncan

Relating to the liability of certain state-operated treatment facilities and mental health facilities.

To Committee on Jurisprudence.

SB 802 by Gallegos

Relating to tax-exempt benefits for county employees.

To Committee on Intergovernmental Relations.

SB 803 by Haywood

Relating to the placement of the Camp Howze historical monument.

To Committee on State Affairs.

SB 804 by Madla

Relating to continuation of benefits for prescription drugs under certain group health benefit plans.

To Committee on Business and Commerce.

77th Legislature — Regular Session 24th Day

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

February 21, 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 126, In honor of Vernon and Ruthe Jackson's outstanding community service.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

ANNIVERSARY GREETINGS EXTENDED

Senator Truan was recognized and announced to the Senate that today was the 33rd wedding anniversary of Senator Lucio and his wife Minnie.

The Senate extended best wishes to Senator and Mrs. Lucio.

PHYSICIANS OF THE DAY

Senator Sibley was recognized and presented Dr. Jack Eidson of Weatherford as the Physician of the Day.

Senator Ogden was also recognized and presented Drs. Felicia Macik and Adel Massoud, both of Bryan, as the Physicians of the Day.

The Senate welcomed Dr. Eidson, Dr. Macik, and Dr. Massoud and thanked them for their participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.

SENATE RESOLUTION 314

Senator Shapiro offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to join the citizens of Collin County in declaring Wednesday, February 21, 2001, Collin County Day; and

WHEREAS, Named for the pioneer settler Collin McKinney, a signer of the Texas Declaration of Independence, Collin County was created from Fannin County in 1846; the county is located in Northeast Texas and was originally Caddo Indian country; and

WHEREAS, A major agricultural area that produces wheat, hay, sorghum, and cotton, Collin County is famous for its rich, black clay soil; the county's chief income producers are timber, beef cattle, horses, and the dairy industry; and

WHEREAS, Over the years, industrial development and population growth in the county have been managed with care in order to preserve natural habitats and historical sites; and

Wednesday, February 21, 2001

SENATE JOURNAL

WHEREAS, Today, residents and tourists enjoy visiting the old homes that have been restored, as well as the Old Collin County Post Office, the McKinney Historical District, and the Heard Natural Science Museum and Wildlife Sanctuary; and

WHEREAS, Collin County offers excellent recreational opportunities, such as fishing and water sports at Lake Lavon; McKinney, the county seat, is host to a trade center, a fashion outlet, museums, the Bolin Wildlife Exhibit, and Wilson Creek Park; and

WHEREAS, Plano is one of the state's fastest growing cities; the city is a growing commercial and financial center and is home to various manufacturing headquarters; it has an award-winning park system, a farmers' market, and a premier 54-hole miniature golf course; host to a balloon festival each September, Plano has become known as the "Balloon Capital of Texas"; and

WHEREAS, While Collin County offers the opportunities generated by fast-growing communities, its natural beauty and rural charm have been retained, and the residents of Collin County deserve to be proud of their efforts and planning; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby express appreciation to the people of Collin County for their many contributions to our state and extend best wishes to them for a joyous and productive Collin County Day; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the residents of Collin County as an expression of high regard from the Texas Senate.

SHAPIRO

HAYWOOD

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

GUESTS PRESENTED

Senator Shapiro, joined by Senator Haywood, was recognized and introduced to the Senate a delegation of citizens from Collin County.

The Senate welcomed its guests.

SENATE RESOLUTION 298

Senator Zaffirini offered the following resolution:

WHEREAS, Proud citizens of La Salle County are visiting the State Capitol on February 21, 2001, to celebrate the role their South Texas home has played in the annals of the Lone Star State; and

WHEREAS, In the Spanish colonial era, the Old Presidio Road passed through present-day La Salle County; Coahuila governor Alonso De Leon used this road on his way to search for the French settlement of the Sieur de La Salle, as did the famed missionary and historian Friar Juan Agustin Morfi; and

77th Legislature — Regular Session 24th Day

WHEREAS, Although the county was created in 1858, outlaw activity and Indian raids delayed settlement; Fort Ewell, established in 1852 to protect travelers, was abandoned two years later; with the last Indian raid occurring in 1878, however, the arrival of the railroad in the early 1880s and the gradual suppression of desperadoes, ranching soon became a viable project; and

WHEREAS, One of the ranches established during this period was a huge spread managed by the Hall brothers, among them Jesse Leigh "Lee" Hall, a noted Texas Ranger who had been instrumental in bringing order to South Texas; Lee Hall became the prototype for the Texas Ranger who appears in many short stories by the writer O. Henry, who spent two years on the ranch while seeking to improve his health; and

WHEREAS, Ranching, fortified today by the infusion of Hereford and Brahman stock, remains a major part of the county's economy; other income is derived from oil and gas, a significant industry here since the 1950s, and from agriculture; the South Texas practice of cool-season farming originated in La Salle County in the 1890s, and by 1910, the county was the leading vegetable producer in the Winter Garden Region; and

WHEREAS, The county seat, Cotulla, was founded in 1881; future president Lyndon B. Johnson taught in Cotulla during the 1920s, and this interlude proved to be a formative influence on his thinking about society and the role of government; the schoolhouse where he taught is now home to the Brush Country Museum, whose collections include hundreds of photos of early ranching life; and

WHEREAS, Today, the county is taking a strong interest in soil conservation, while the Chaparral Wildlife Management Area (WMA) is doing important work regarding the management of wildlife and wildlife habitat; the Chaparral WMA also serves as an outdoor laboratory for students and offers many opportunities for outdoor recreation; and

WHEREAS, The citizens of La Salle County are heirs to a notable history and heritage, and their productivity and dedication to being good stewards of the earth are a model for all Texans and are truly worthy of commendation; now, therefore, be it

RESOLVED, That the Senate of the 77th Texas Legislature hereby recognize February 21, 2001, as La Salle County Day at the State Capitol and extend to this delegation sincere best wishes for an enjoyable and memorable visit.

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

GUESTS PRESENTED

Senator Zaffirini was recognized and introduced to the Senate a delegation of citizens from La Salle County, accompanied by Jimmy P. Patterson, County Judge; commissioners Roberto Aldaco, Albert Aguero, Domingo M. Martinez, and Raymond A. Landrum, Jr.; Adrian Lopez, Director, Community and Economic Developer; Jerry P. Patterson, County Sheriff; Joel Rodriguez, Jr., County Treasurer; Pablo Gonzalez, Mayor of Cotulla; Higinio Martinez, City Administrator; Leodoro Martinez, Jr., Executive Director, Middle Rio Grande Development Council; and Javier Mancha, Mayor of Encinal, and his wife Linda.

The Senate welcomed its guests.

Wednesday, February 21, 2001

SENATE JOURNAL

SENATE RESOLUTION 154

Senator Cain offered the following resolution:

WHEREAS, The Senate of the State of Texas is proud to welcome the residents of Rockwall County to the State Capitol on February 21, 2001, to celebrate Rockwall County Day; and

WHEREAS, Located north of Kaufman County in north central Texas, Rockwall County is situated mostly in the blackland prairie, and cedar, oak, pecan, and bois d'arc grow in the river bottom; the county has the highest proportion of arable land of any county in the state, with 39 inches of annual rainfall; and

WHEREAS, Named for the extensive system of subterranean walls that protrude above ground in outcroppings unique to the area, the rock walls were discovered by settlers drilling for water; and

WHEREAS, Settlement in the area began in 1846, while the area was still part of Kaufman County, and Rockwall County was formed in 1873; it is the smallest county in Texas; and

WHEREAS, The county was originally an agricultural and ranching center; today the county enjoys a healthy and diverse economy with close proximity to the Dallas metroplex area and a well-educated and industrious citizenry; and

WHEREAS, In their award-winning schools, students of the area consistently perform better than their peers in state and national standardized tests, win top honors in academic competitions, and go on to college in large numbers; and

WHEREAS, Having experienced phenomenal growth in recent years, the population has nearly doubled since 1980; currently 41,000 people live in this lovely county; and

WHEREAS, Business opportunities abound with the Rockwall Area Chamber of Commerce, the Rockwall Economic Development Corporation, and the dedicated staff of these two fine organizations working in concert with the county and city governments and various service businesses; and

WHEREAS, With many recreational options close at hand, the county boasts excellent golfing at superb area courses, superior sailing at Lake Ray Hubbard, and exceptional fishing; and

WHEREAS, Rockwall County has played a vital role in the development of the Lone Star State, and it is a pleasure to pay tribute to it; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby declare Wednesday, February 21, 2001, Rockwall County Day at the State Capitol and extend best wishes to all its residents on this special occasion; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the county as a memento of this special day.

CAIN

CARONA

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

77th Legislature — Regular Session 24th Day

(Senator Truan in Chair)

GUESTS PRESENTED

Senator Cain, joined by Senator Carona, was recognized and introduced to the Senate Rockwall County Judge Bill Bell; Rockwall Mayor Scott Self; City Council members Bill Cecil, John King, and Terry Raulston; Executive Director, Rockwall Economic Development Corporation, Pam Mundo; City Manager Julie Couch; and Rockwall Chamber of Commerce President Jeff Curtis.

The Senate welcomed its guests.

SENATE RESOLUTION 312

Senator Van de Putte offered the following resolution:

WHEREAS, Involved parents and community leaders of Edgewood Independent School District in San Antonio are visiting Austin on February 21, 2001, to meet with Texas legislators; and

WHEREAS, Edgewood Independent School District historically has served as a symbol of the challenges faced and the opportunities offered by public schools; and

WHEREAS, Sustained by heartfelt community support, deep parental involvement, and a districtwide commitment to excellence in education, Edgewood Independent School District today serves as a symbol of hope for future generations; and

WHEREAS, Edgewood Independent School District has built model schools that include the Edgewood Fine Arts and Communications Academy, the Math and Science Academy, the Careers and Technology Academy, and the Accelerated Learning Middle School; and

WHEREAS, Additional exemplary programs that offer dual language Spanish immersion are provided to help students master reading and writing in both English and Spanish; and

WHEREAS, Edgewood Independent School District has demonstrated its commitment to educational excellence by achieving "recognized" status on district performance ratings; and

WHEREAS, The dedication and hard work of its students have also resulted in a demonstration of athletic prowess, including the recent victory as district champions by the Mighty Rockets boys basketball team; and

WHEREAS, The namesakes of Edgewood schools—from Henry B. Gonzalez Elementary School to John F. Kennedy High School—serve each day to encourage the aspirations of Edgewood students and to reflect the dedication of Edgewood teachers and administrators; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the parents, teachers, administrators, and community leaders of Edgewood Independent School District on the occasion of their visit to the Texas Capitol; and, be it further

RESOLVED, That the Texas Senate pay tribute to the Edgewood community for its ongoing commitment to educational excellence for its students. "Si se puede!"

The resolution was read.

Wednesday, February 21, 2001

SENATE JOURNAL

On motion of Senator Madla 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.

GUESTS PRESENTED

Senator Van de Putte was recognized and introduced to the Senate parents, principals, and administrators from Edgewood Independent School District.

The Senate welcomed its guests.

(Senator Jackson in Chair)

SENATE RESOLUTION 315

Senator Brown offered the following resolution:

WHEREAS, Many of the most historic moments in the history of space exploration had origins in Texas, and in the 1960s and 1970s the world watched breathlessly as NASA's Mission Control in Houston coordinated the exploration of outer space and the moon; Texas continues to be a leader in the development of aerospace technology; and

WHEREAS, The commercial delivery of cargo into orbit is the next significant development in this rapidly developing field, and according to a report by the Texas Spaceport Consortium, the commercial space industry is growing by 15 to 20 percent per year; and

WHEREAS, More than 1,700 satellites will need to be launched over the next 10 years to meet the growing demands of voice and data communications, radio and television programming, navigation, agriculture, surveying and mapping, meteorology, and resource exploration; the United States competes for this growing commercial launch business with China, Russia, Japan, and the European Space Agency; and

WHEREAS, New aerospace technologies will significantly increase the reliability and reduce the cost of deploying space vehicles; these new developments include reusable launch vehicles (RLVs) that operate from specially designed, airport-type facilities called spaceports; and

WHEREAS, A spaceport facility would create permanent, high-paying jobs for Texans, including 4,000 new jobs and $700 million in direct regional economic impact over seven years, as well as several thousand additional indirect jobs; moreover, the facility would have the potential to foster education in engineering and the sciences and to become another Texas tourist destination; and

WHEREAS, The State of Texas is an ideal location for these facilities; three sites, in Brazoria, Kenedy, and Pecos counties, have been evaluated and shown to have many of the criteria for the establishment of a spaceport, including the ability to launch safely to all orbits, wide-open space, moderate climate and stable geology, clear landing approaches, limited competition for airspace, good infrastructure, and a skilled workforce; and

WHEREAS, The Texas Legislature created the Texas Aerospace Commission in 1988 and charged it with the mission of serving the citizens of Texas by bolstering the state's economy through development in the fields of space and aviation; and

77th Legislature — Regular Session 24th Day

WHEREAS, The 76th Texas Legislature authorized local governments to create economic development corporations to encourage the location of spaceports in Texas; since that time, regional organizations have spent more than $500,000 in local funds to develop site information, conduct preliminary evaluations, and work with launch companies, the state, and the federal government; and

WHEREAS, Many individuals and local communities have worked tirelessly to achieve the goal of locating a spaceport in Texas, and while they have made significant progress thus far, much more work remains to be done; there exists strong competition from other states, including Florida, California, New Mexico, Nevada, and Virginia, which have provided funding and incentives to lure spaceports and space-related industries to their states; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby endorse and support the efforts of the Texas Aerospace Commission and the individuals and communities involved in the challenging endeavor to bring a spaceport to Texas.

BROWN

MADLA

TRUAN

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

GUESTS PRESENTED

Senator Brown, joined by Senators Madla and Truan, was recognized and introduced to the Senate members of the Texas Spaceport Alliance.

The Senate welcomed its guests.

(President in Chair)

HOUSE CONCURRENT RESOLUTION 126

The President laid before the Senate the following resolution:

HCR 126, In honor of Vernon and Ruthe Jackson's outstanding community service.

NELSON

The resolution was read.

On motion of Senator Nelson and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote.

GUESTS PRESENTED

Senator Nelson was recognized and introduced to the Senate a delegation of citizens from Grand Prairie, accompanied by Ruthe Jackson.

The Senate welcomed its guests.

SENATE RESOLUTION 304

Senator Brown offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pleasure in joining the residents of Fort Bend County in declaring Wednesday, February 21, 2001, as Fort Bend County Capitol Day; and

Wednesday, February 21, 2001

SENATE JOURNAL

WHEREAS, Fort Bend County was named in honor of the old Fort Bend, a frontier outpost established on a bend of the Brazos River in 1821; and

WHEREAS, Created in 1837, the county was a major settlement site for Stephen F. Austin's first colony of settlers, the Old Three Hundred, who farmed land and established homes along the Brazos River and the Oyster Creek area; and

WHEREAS, Fort Bend County is a popular area for fishing, hunting, and vacationing; yet it has recently been named the number two location in the United States for manufacturing by the National Association of Corporate Real Estate Executives; and

WHEREAS, Fort Bend County is currently gaining national recognition for its quality of human resources, amazing growth, and economic vibrance; the county enjoyed the third fastest population growth of any United States county through the first half of the nineties; and

WHEREAS, The county is leading the state in job creation at three times the state average for new manufacturing jobs, and American Demographics named Fort Bend County the nation's third best address for managerial and professional workers; and

WHEREAS, An analysis of data from the United States Department of Commerce shows that the size of the economy, earnings, and employment have grown at a rate much faster than 99 percent of all economies in the country over the last 10 years; and

WHEREAS, The University of Houston Center for Public Policy Institute for Regional Forecasting indicates dynamic growth for the future of Fort Bend, with the current population more than doubling by the year 2020; and

WHEREAS, Fort Bend County residents have an award-winning school system and a strong economy, and they provide much of the state's rice, corn, and nursery crops; and

WHEREAS, While Fort Bend County offers the opportunities generated by fast growing communities, its natural beauty and rural charm have been retained, and the residents of Fort Bend County deserve to be proud of their efforts and planning; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby extend best wishes to the people of Fort Bend County for a joyous and celebratory Fort Bend County Capitol Day; and, be it further

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

BROWN

ARMBRISTER

ELLIS

The resolution was again read.

The resolution was previously adopted on Tuesday, February 20, 2001.

GUESTS PRESENTED

Senator Brown, joined by Senators Armbrister and Ellis, was recognized and introduced to the Senate a delegation of citizens and county officials from Fort Bend County.

The Senate welcomed its guests.

77th Legislature — Regular Session 24th Day

(Senator Carona in Chair)

SENATE RESOLUTION 303

Senator Fraser offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pride in joining the citizens of Graham in proclaiming Wednesday, February 21, 2001, as Graham Day at the Capitol; and

WHEREAS, Founded in 1872 by Gustavus and Edwin S. Graham, the City of Graham is nestled in the heart of North Central Texas in the rolling hills between Possum Kingdom Lake, Lake Graham, and Lake Eddleman;

WHEREAS, The city is home to the largest downtown square in America, as well as to a preserved historical movie theater in the downtown area and one of Texas' few remaining operational drive-in movie theaters; and

WHEREAS, Other historical places of interest include the Loving-Goodnight Trail, Fort Belknap, Shawnee Springs Park, and the Brazos Indian Reservation; in March, an annual Daffodil Days Festival is sponsored by the Young County Historical Commission and the Graham Chamber of Commerce in Shawnee Springs Park; and

WHEREAS, The city's many community events include the Art Splash on the Square, the Easter Egg Hunt, the Spring Garden Tour, the Annual Teacher Appreciation Breakfast, the Vintage Auto Club Spring Tour and Parade, and the Christmas Stroll and Lighted Christmas Parade; and

WHEREAS, Surrounded by beautiful scenery, Graham is a perfect center for such outdoor activities as boating, fishing, camping, hunting, and water skiing; the city boasts the 10th best nine-hole golf course in Texas and an award-winning 18-hole golf course on the shores of Possum Kingdom Lake; and

WHEREAS, In spite of progressive development, the city has maintained its historical flavor and has wisely preserved much of its architectural past; Graham has become an affiliate of Keep Texas Beautiful, Incorporated; and

WHEREAS, While Graham offers the opportunities of a modern city, its rural charm and natural beauty have been retained, and the residents of Graham deserve to be proud of their efforts to safeguard the amenities of their city; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby express appreciation to the people of Graham for their contributions to our state and extend best wishes to them for a joyous and celebratory Graham Day at the Capitol; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the residents of Graham as an expression of regard from the Texas Senate.

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

GUESTS PRESENTED

Senator Fraser was recognized and introduced to the Senate a delegation of citizens from Graham County.

The Senate welcomed its guests.

Wednesday, February 21, 2001

SENATE JOURNAL

SENATE RESOLUTION 305

Senator Sibley offered the following resolution:

WHEREAS, The Senate of the State of Texas extends a warm welcome to citizens of Comanche County, who will be traveling to Austin on February 21, 2001, to celebrate the many contributions their home county has made to Texas on Comanche County Day at the Capitol; and

WHEREAS, Ideally situated in the hills of Central Texas, Comanche County enjoys scenic vistas, fertile soil, and warm, sunny weather; and

WHEREAS, Established in 1856, both the town and county of Comanche were named for the Comanche Indians who once dominated the Southwest Plains; and

WHEREAS, The county takes great pride in its many historical treasures; the City of Comanche is home to "Old Cora," one of the oldest original existing courthouses in Texas; and

WHEREAS, The town also boasts the legendary "Fleming Oak," named for county forefather Martin Fleming who took refuge behind the tree during an Indian attack; afterwards, he vowed to ensure the oak's well-being, and succeeding generations of Comanche County residents have continued to honor and care for the great Fleming Oak as a cherished living monument to their history; and

WHEREAS, Present-day Comanche County residents are proud of their history and annually celebrate their heritage through annual celebrations such as the De Leon Peach and Melon Festivals, held each August, and the Comanche County Pow-Wow, which will celebrate its 20th anniversary in September; and

WHEREAS, Comanche County boasts several other tourist attractions; thousands of Texans visit Comanche each Fourth of July to enjoy one of the largest fireworks displays in Central Texas, and the cities of De Leon and Comanche are featured along the Texas Forts Trail; and

WHEREAS, Residents of Comanche County enjoy a strong local economy; manufacturers have moved to the area, creating new jobs and increasing prosperity; the area is also known as a high-quality producer of peanuts, pecans, watermelons, cantaloupes, and milk; and

WHEREAS, Comanche County's greatest asset will always be its community-minded residents, who work diligently to make their county an even better place to live; and

WHEREAS, Friends of Historic Comanche, Incorporated, is but one example of a group dedicated to improving Comanche County by encouraging historic preservation in the area; the group hopes to have the City of Comanche selected as a Texas Main Street City in the coming year; and

WHEREAS, Citizens of Comanche County have much to be proud of; their home has played an important role in the history of Texas, and it will continue to do so; a grand place, with abundant natural beauty, industrious, civic-minded residents, and a healthy economy, Comanche County can look forward to a bright future; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby declare February 21, 2001, as Comanche County Day at the Capitol and join residents in their celebration of this auspicious occasion; and, be it further

RESOLVED, That a copy of this Resolution be prepared for Comanche County as an expression of high regard from the Texas Senate.

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

77th Legislature — Regular Session 24th Day

GUESTS PRESENTED

Senator Sibley was recognized and introduced to the Senate a delegation of citizens from Comanche County, accompanied by Darlene Causey, Executive Director, Comanche Chamber of Commerce and Agriculture; Harold Smith, Executive Director, Comanche Texas Economic Development Corporation; Mary Golden, Executive Director, De Leon Chamber of Commerce; and John Adcock, Mayor of De Leon.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Jackson was recognized and introduced to the Senate a delegation from La Porte Leadership 2001.

The Senate welcomed its guests.

SENATE RESOLUTION 292

Senator Harris offered the following resolution:

WHEREAS, On this day, February 21, 2001, members of the Mansfield Chamber of Commerce are with us in the Senate Chamber to pay tribute to the fine community they are proud to call home; and

WHEREAS, Originally named for two of Texas' early entrepreneurs, Ralph Man and Julian Feild, the city of Mansfield was home to one of the first steam-powered gristmills in the state; the city was incorporated in 1909 and has enjoyed many years of prosperity and growth, currently ranking among the fastest-growing cities in Tarrant County; and

WHEREAS, This lovely area is blessed with the pleasant sounds of Walnut Creek, which runs throughout the city; the creek covers a seven-mile stretch and its tree-lined banks are a natural host to the city's many parks and recreational areas; and

WHEREAS, The community also benefits from an exceptional education system, as more than half of the schools in Mansfield Independent School District have been rated as recognized or exemplary by the Texas Education Agency; in addition to consistently scoring well on the Texas Assessment of Academic Skills test, the area's students have excelled in a host of award-winning extracurricular programs, including music, drama, journalism, and athletics; and

WHEREAS, Citizens of Mansfield can indeed take pride in their prospering North Texas town, and it is most appropriate to honor them at this time; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby recognize February 21, 2001, as Mansfield Day at the State Capitol and extend to its citizens sincere best wishes for an enjoyable visit to Austin; and, be it further

RESOLVED, That an official copy of this Resolution be prepared for the Mansfield Chamber of Commerce as an expression of high regard from the Texas Senate.

The resolution was again read.

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

Wednesday, February 21, 2001

SENATE JOURNAL

GUESTS PRESENTED

Senator Harris was recognized and introduced to the Senate a delegation from the Mansfield Chamber of Commerce.

The Senate welcomed its guests.

SENATE RESOLUTION 300

Senator Truan offered the following resolution:

WHEREAS, The Senate of the State of Texas takes great pride in recognizing the members of the Eighth Grade Girls' Volleyball Team from Marvin Baker Middle School in Corpus Christi, Texas; and

WHEREAS, Their superior performance won titles from the Corpus Christi Independent School District Volleyball Tournament Championship, the Flour Bluff Tournament Championship, the Division Zone Championship, and the Corpus Christi City Championship; and

WHEREAS, The 14 young ladies achieved the honor of being the first team in Corpus Christi Independent School District history to receive an undefeated record since volleyball was inaugurated in 1996; and

WHEREAS, The 2000 Volleyball Team members are Joy Bernardo, Lisa Bonilla, Lisa Buckley, Kim Cagle, Katherine Choi, Laura Garcia, Adriana Gonzalez, Kristi King, Maddie Mojica, Melinda Perez, Stephanie Rodriguez, Hillary Schwirtlich, Christy Thephachanh, and Yin Yiu; and

WHEREAS, The Marvin Baker Middle School Volleyball Team was taught leadership, responsibility, and determination by their coach and mentor, Ms. Elizabeth Hall, and by Principal Darla Reid and Assistant Principals, Mr. Steven Skates and Ms. Nora Garza; and

WHEREAS, Marvin Baker Middle School requires all student athletes to maintain grades and conduct that meet the qualifications to participate in extracurricular activities and these students constantly exceed expectations; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the Eighth Grade Girls' Volleyball Team on its many accomplishments and extend congratulations to the members for earning the 2000 Corpus Christi City Championship; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the Eighth Grade Girls' Volleyball Team and Marvin Baker Middle School as an expression of high esteem from the Texas Senate.

The resolution was again read.

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

The resolution was previously adopted on Tuesday, February 20, 2001.

GUESTS PRESENTED

Senator Truan was recognized and introduced to the Senate the eighth-grade girls volleyball team of Marvin Baker Middle School in Corpus Christi, accompanied by coaches, students, and teachers.

The Senate welcomed its guests.

77th Legislature — Regular Session 24th Day

GUESTS PRESENTED

Senator Cain was recognized and introduced to the Senate representatives from the United States Capitol: Alan Hantain, Architect of the Capitol; Scott Birkhead, Director of Engineering; Bruce Arthur, Director of Architecture; Amita Pool, Capitol Superintendent; and Carlos Elias, Deputy Capitol Superintendent.

The Senate welcomed its guests.

(President in Chair)

SENATE RESOLUTION 297

Senator Fraser offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pride in recognizing February 21, 2001, as Texas Midwest Day in Austin; and

WHEREAS, A vast area of rural charm and natural beauty, the Texas Midwest is known for its scenic plains and rich history and is home to a host of cities offering a wide array of opportunities; and

WHEREAS, The area is a combination of traditional ranch lands, farms, and large stretches of oil and gas reserves; once populated with Comanche Indians and other tribes, the Texas Midwest is dotted with historic sites and museums that provide an intriguing overview of life in the Old West; and

WHEREAS, The counties that comprise Texas Midwest are Brown, Callahan, Coke, Coleman, Comanche, Eastland, Erath, Fisher, Hamilton, Haskell, Jones, Kent, Knox, Mills, Mitchell, Nolan, Runnels, Scurry, Shackelford, Stephens, Stonewall, Throckmorton, and Taylor; and

WHEREAS, The purpose of hosting Texas Midwest Day in Austin is to demonstrate a strong voice for rural Texas and bring attention to those issues of concern in the region; the event is also expected to strengthen participation of Texas Midwest citizens in the legislative process; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the counties of Texas Midwest on their many contributions to our state and extend best wishes to all for an enjoyable Texas Midwest Day in Austin; and, be it further

RESOLVED, That a copy of this Resolution be prepared as a memento of this occasion.

FRASER

HAYWOOD

SIBLEY

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

GUESTS PRESENTED

Senator Fraser, joined by Senators Haywood and Sibley, was recognized and introduced to the Senate a delegation of citizens from the Texas Midwest Network.

The Senate welcomed its guests.

Wednesday, February 21, 2001

SENATE JOURNAL

SENATE RESOLUTION 310

Senator Armbrister offered the following resolution:

WHEREAS, The Texas Senate is proud to join the citizens of Aransas County in the joyous celebration of Aransas County Day at the State Capitol on February 21, 2001; and

WHEREAS, Located on the southern Coastal Plains, the county was created from Refugio County in 1871 and was named for Rio Nuestra Senora de Aranzazu, which had taken its name from a famed Spanish palace; and

WHEREAS, Its prime location has helped Aransas County to flourish, and it continues to contribute greatly to the state's fiscal prosperity; the county enjoys a strong and diversified economic base, with agribusiness, tourism, oil and gas production, and fish packing as its major industries; and

WHEREAS, Residents of Aransas County are justifiably proud of the region's rich heritage; the Karankawa Indians once made their home in this verdant setting, and Spanish explorer Diego Ortiz Parrilla traveled across the area in 1766 on an expedition along the Gulf Coast; since that time, countless others have been drawn to the region's abundant supply of natural and cultural resources; and

WHEREAS, Aransas County is also home to the Fulton Mansion State Historic Structure, a three-story, Second Empire house built by rancher and businessman George W. Fulton, Sr.; the unusual house, which features innovative heating, ventilating, and food-preservation systems, was added to the National Register of Historic Places in 1975 and is maintained as a museum by the Texas Parks and Wildlife Department; and

WHEREAS, Outdoor sports enthusiasts have come to partake in the wide variety of activities offered at Goose Island State Park, Copano Bay State Fishing Pier, and Rockport Beach, and many bird-watchers and nature lovers have made their stay in the area complete with a visit to the Aransas National Wildlife Refuge, the principal wintering ground of the endangered whooping crane; and

WHEREAS, Individuals of all ages enjoy the many celebrations hosted in the community throughout the year, including Oyster Fest, Fiesta en la Playa, the Hummer/Bird Celebration, Seafair, the Fourth of July Fireworks and Art Festival, and the Children's Christmas Tree; and

WHEREAS, Rich in culture and tradition, Aransas County is a prosperous, forward-looking region and a leading participant in the state's dynamic growth, and it gives the members of this chamber great pleasure to join with our fellow citizens in saluting this fine Texas county; now, therefore, be it

RESOLVED, That the Senate of the 77th Texas Legislature hereby recognize February 21, 2001, as Aransas County Day at the State Capitol and extend warmest best wishes to all its citizens on this noteworthy occasion.

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

GUESTS PRESENTED

Senator Armbrister was recognized and introduced to the Senate a delegation of citizens and officials from Aransas County.

The Senate welcomed its guests.

77th Legislature — Regular Session 24th Day

SENATE RESOLUTION 318

Senator Truan offered the following resolution:

WHEREAS, The Texas Senate takes great pride in recognizing the Port of Corpus Christi and the Port of Corpus Christi Commissioners, for their vision, cost-effectiveness, and productivity; and

WHEREAS, Midway along the Texas coast on the Gulf of Mexico, the Port of Corpus Christi has the advantage of a central location, an ideal climate for year-round operations, heavy lift capabilities, and excellent dockside storage; and

WHEREAS, Several key state and federal highways connect Corpus Christi to United States and Mexican markets; Interstate 37 and United States Highway 181 are situated one mile from the port; and

WHEREAS, The Port of Corpus Christi receives service from three rail carriers: Burlington Northern Santa Fe, Texas Mexican Railway Company, and Union Pacific Railroad; the public docks of the port are served by 26 miles of port-owned rail lines operated by the Corpus Christi Terminal Railroad; and

WHEREAS, Along with several other advantages, the Port of Corpus Christi enjoys quick access to the Gulf Intracoastal Waterway, where it intersects the Corpus Christi Ship Channel; and

WHEREAS, Helping streamline United States Customs' paperwork, the port's Foreign Trade Zone 122 allows companies to reduce, defer, or avoid duties on imports; and

WHEREAS, The Port of Corpus Christi Commissioners include: Chairwoman Yolanda Olivarez, Wells Fargo Bank Senior Vice-President/Loan Officer, with over 20 years in the financial industry; Vice Chairman Robert J. Gonzalez, Sr., founder and senior partner with his brother in the law offices of Gonzalez and Gonzalez; Secretary Kenneth L. Berry; member William D. Dodge III, partner, Duran, Dodge, and Associates, Insurance Brokers; member Bernard Paulson, President and CEO of TOR Minerals International and Director of Corpus Christi Bancshares; member Ruben Bonilla, attorney and partner with Bonilla and Chapa law firm and former National LULAC President; and member Anthony E. Pletcher, attorney and partner in the Huseman and Pletcher law firm; and

WHEREAS, The Port of Corpus Christi invests millions of dollars each year in continuous improvements designed to move cargoes faster, easier, and with greater cost efficiency; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the Port of Corpus Christi for its outstanding business and community accomplishments, and its vision in making the Port of Corpus Christi one of the finest seaports in the nation; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the Port of Corpus Christi and the seven Port of Corpus Christi Commissioners as an expression of the highest regard of the Texas Senate.

The resolution was read.

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

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

Wednesday, February 21, 2001

SENATE JOURNAL

GUESTS PRESENTED

Senator Truan was recognized and introduced to the Senate members of Leadership Corpus Christi.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Armbrister was recognized and introduced to the Senate a delegation of county judges who are part of the I-69 Corridor Group.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Jackson was recognized and introduced to the Senate a delegation from the Devereux Texas Treatment Network.

The Senate welcomed its guests.

SESSION TO CONSIDER EXECUTIVE APPOINTMENTS

The President announced the time had arrived to consider the executive appointments to agencies, boards, and commissions. Notice of submission of these names for consideration was given yesterday by Senator Nelson.

Senator Nelson moved confirmation of the nominees reported yesterday by the Committee on Nominations.

The President asked if there were requests to sever nominees.

There were no requests offered.

NOMINEES CONFIRMED

The following nominees as reported by the Committee on Nominations were confirmed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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.

77th Legislature — Regular Session 24th Day

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

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.

Wednesday, February 21, 2001

SENATE JOURNAL

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

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.

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate Dr. Ian Hamilton of Texas A&M University, his wife Mandy, their daughters Danielle and Tory, and their son Logan.

The Senate welcomed its guests.

CONCLUSION OF MORNING CALL

The President at 12:20 p.m. announced the conclusion of morning call.

SENATE BILL 74 ON SECOND READING

Senator Haywood 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 74 be taken up for consideration at this time:

SB 74, Relating to the terms of members of the advisory board of the Texas Academy of Mathematics and Science.

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 74 ON THIRD READING

Senator Haywood moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 74 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

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

Present-not voting: Mr. President.

77th Legislature — Regular Session 24th Day

SENATE BILL 76 ON SECOND READING

Senator Haywood 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 76 be taken up for consideration at this time:

SB 76, Relating to meetings of the board of regents of Midwestern State University.

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 76 ON THIRD READING

Senator Haywood moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 76 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.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

February 21, 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:

Wednesday, February 21, 2001

SENATE JOURNAL

HCR 96, Honoring Dr. Louis J. Rodriguez of Wichita Falls on the occasion of his retirement as president of Midwestern State University.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

SENATE BILL 77 ON SECOND READING

Senator Haywood 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 77 be taken up for consideration at this time:

SB 77, Relating to the removal of members of the board of regents of Texas Woman's University.

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 77 ON THIRD READING

Senator Haywood moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 77 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 219 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 SB 219 be taken up for consideration at this time:

SB 219, Relating to disposition of out-of-county crimes.

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 24th Day

SENATE BILL 219 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 SB 219 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 115 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 CSSB 115 be taken up for consideration at this time:

CSSB 115, Relating to creating a foundation to finance health programs in the rural areas of the state.

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 115 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 CSSB 115 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.

Wednesday, February 21, 2001

SENATE JOURNAL

SENATE BILL 482 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 SB 482 be taken up for consideration at this time:

SB 482, Relating to accounting procedures for structural components of certain state buildings.

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 482 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 SB 482 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 388 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 CSSB 388 be taken up for consideration at this time:

CSSB 388, Relating to employment contract requirements for certain public school principals.

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.

77th Legislature — Regular Session 24th Day

Senator Van de Putte offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 388 as follows:

On line 23, page 1 of the Committee printed version, insert the words "public school" between "a" and "principal."

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

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

CSSB 388 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 388 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 CSSB 388 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 443 ON SECOND READING

Senator Fraser 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 443 be taken up for consideration at this time:

SB 443, Relating to analyzing the use of warehouse space by certain state agencies.

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 443 ON THIRD READING

Senator Fraser moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 443 be placed on its third reading and final passage.

Wednesday, February 21, 2001

SENATE JOURNAL

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 134 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 134 be taken up for consideration at this time:

SB 134, Relating to the authority of a commissioners court of a county to make payroll deductions at the request of a county employee.

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 134 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 134 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 267 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 267 be taken up for consideration at this time:

77th Legislature — Regular Session 24th Day

SB 267, Relating to the authority of the Texas Department of Transportation to contract for the management of property used for the mitigation of adverse environmental impacts.

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 416 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 416 be taken up for consideration at this time:

SB 416, Relating to the authority of the Texas Department of Transportation in connection with the mitigation of an adverse environmental impact resulting from a state highway improvement project.

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 Ogden offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend SB 416 as follows:

On page 1, line 11, insert "or private entity" between "public agency" and "in lieu".

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

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

SB 416 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 416 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 416 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.

Wednesday, February 21, 2001

SENATE JOURNAL

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 481 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 SB 481 be taken up for consideration at this time:

SB 481, Relating to electronic filing of reports with state agencies.

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 481 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 SB 481 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 200 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 200 be taken up for consideration at this time:

SB 200, Relating to state and regional coordination of planning and development for implementation of state programs.

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 24th Day

SENATE BILL 200 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 200 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 380 ON SECOND READING

Senator Shapleigh 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 380 be taken up for consideration at this time:

SB 380, Relating to the listing of state agency Internet addresses in telephone directories.

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 Duncan offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 380 (Senate Committee Printing) as follows:

(1)  In Section 1 of the bill, Subsection (b)(2), Section 55.203, Utilities Code (page 1, line 26), strike "Internet address" and substitute "Universal Resource Locator (URL)".

(2)  In Section 1 of the bill, Subsection (e)(2), Section 55.203, Utilities Code (page 1, line 41), strike "Internet addresses" and substitute "Universal Resource Locators (URLs)".

(3)  In Section 1 of the bill, Subsection (g), Section 55.203, Utilities Code (page 1, lines 54 and 55), strike "Internet addresses" and substitute "Universal Resource Locators (URLs)".

(4)  In Section 2 of the bill, Subsection (j), Section 441.203, Government Code (page 2, line 1), strike "Internet addresses" and substitute "Universal Resource Locators (URLs)".

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

Wednesday, February 21, 2001

SENATE JOURNAL

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

SB 380 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 380 ON THIRD READING

Senator Shapleigh moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 380 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 257 ON SECOND READING

Senator Carona moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that CSSB 257 be taken up for consideration at this time:

CSSB 257, Relating to the purchase of a lottery ticket by a person younger than the age of 18; imposing criminal penalties.

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 257 ON THIRD READING

Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 257 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,

77th Legislature — Regular Session 24th Day

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 404 ON SECOND READING

Senator Fraser 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 404 be taken up for consideration at this time:

SB 404, Relating to the election of directors of the Clearwater Underground Water Conservation District.

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 404 ON THIRD READING

Senator Fraser moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 404 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.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

SR 308 by Armbrister, In memory of Gary Graham Swenchonis, Jr.

SR 309 by Armbrister, In memory of John Douglas Wendell of Fulton.

SR 328 by Ellis, In memory of James Daryl Verbois, Jr., of Houston.

Congratulatory Resolutions

SR 313 by Nelson, Recognizing the members of the Texas Women's Alliance.

Wednesday, February 21, 2001

SENATE JOURNAL

SR 316 by Lucio, Congratulating Daniel Martinez of Edinburg.

SR 317 by Cain, Congratulating Dorothy Moore.

SR 319 by Fraser, Congratulating Justin Hollis Wheat of Hamlin.

SR 320 by Fraser, Congratulating Jathan Wayne Littlefield of Hamlin.

SR 321 by Fraser, Congratulating Patton Sides.

SR 322 by Fraser, Congratulating Nela Basco.

SR 324 by Ellis, Congratulating Jessica Polito.

SR 325 by Ellis, Congratulating Beulah Ann Shepard of Houston.

SR 326 by Ellis, Congratulating Ernest B. McGowen, Sr., of Houston.

SR 327 by Ellis, Congratulating Deloyd T. Parker, Jr., of Houston.

Designation Resolution

SR 323 by Truan, Declaring February 21, 2001, as I-69 Day.

ADJOURNMENT

On motion of Senator Truan, the Senate at 1:08 p.m. adjourned until 11:00 a.m. tomorrow.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

February 21, 2001

INTERGOVERNMENTAL RELATIONS — SB 243, SB 438, SB 516

JURISPRUDENCE — SB 164, SB 370, SB 120 (Amended), CSSB 148, CSSB 250, CSSB 678

NATURAL RESOURCES — SB 356, SB 611, SB 637, SB 670, SB 688, SB 689, SB 701

INTERGOVERNMENTAL RELATIONS — SB 452 (Amended), SB 588 (Amended)

STATE AFFAIRS — CSSJR 12, CSSB 258, CSSB 484, SB 342, SB 363, SB 399, SB 406, SB 407, SB 408, SB 409, SB 453

SIGNED BY GOVERNOR

February 20, 2001

SCR 11