Thursday, February 22, 2001

SENATE JOURNAL

TWENTY-FIFTH DAY

Thursday, February 22, 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, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini, Mr. President.

Absent-excused: Jackson.

The President announced that a quorum of the Senate was present.

The Reverend Dr. R. Scott Colglazier, University Christian Church, Fort Worth, offered the invocation as follows:

O God of all grace and wisdom, we give You thanks this day for the goodness of life, for friends and family members who enrich our experience, for communities that provide needed services and a feeling of belonging, for this state and nation that plays such an important role in our global village.

Remind us this day, dearest God, that although life is good for so many of us, there are still fellow citizens all over this state who are struggling and suffering. Although many of us live in decent neighborhoods, remind us that not all people live in such places. Remind us, O God, that while many of us enjoy the luxuries of life, there are still neighbors who do not have even the necessities of life.

Give us a vision of democracy that is radically inclusive of all people. Give us the political and spiritual will to make decisions that are good for all citizens. Give us an unceasing restlessness until all streets are safe, until all schools are good, until all people have their opportunity.

And especially do we ask that You will be with this distinguished body of legislators. We thank You for their willingness to participate and serve, often sacrificing their personal needs for the needs of others. We ask that You will be with them in all their deliberations, give them wisdom and clarity and passion about the most needful things in our community. Yet, even as they serve here, inspire each of us to find our ways to serve and work and create a better world for all people. O God, we bless You and give You our thanks. Amen.

77th Legislature — Regular Session 25th Day

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.

LEAVE OF ABSENCE

On motion of Senator Fraser, Senator Jackson was granted leave of absence for today on account of important business.

CO-AUTHORS OF SENATE BILL 19

On motion of Senator Nelson and by unanimous consent, Senators Harris and Zaffirini will be shown as Co-authors of SB 19.

CO-AUTHOR OF SENATE BILL 342

On motion of Senator Shapiro and by unanimous consent, Senator Shapleigh will be shown as Co-author of SB 342.

CO-AUTHOR OF SENATE BILL 374

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

CO-AUTHOR OF SENATE BILL 406

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

CO-AUTHOR OF SENATE BILL 407

On motion of Senator Cain and by unanimous consent, Senator Shapleigh will be shown as Co-author of SB 407.

CO-AUTHOR OF SENATE BILL 582

On motion of Senator Duncan and by unanimous consent, Senator Ellis will be shown as Co-author of SB 582.

CO-AUTHOR OF SENATE JOINT RESOLUTION 12

On motion of Senator Shapiro and by unanimous consent, Senator Shapleigh will be shown as Co-author of SJR 12.

SENATE BILLS ON FIRST READING

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

SB 304 by Lucio

Relating to the continuation and functions of the State Aircraft Pooling Board.

To Committee on State Affairs.

SB 805 by Van de Putte, Lucio

Relating to parity in certain disability insurance benefits.

To Committee on Business and Commerce.

SB 806 by Van de Putte, Lucio

Relating to health benefit plan coverage for certain mental disorders in children.

To Committee on Business and Commerce.

Thursday, February 22, 2001

SENATE JOURNAL

SB 807 by Jackson

Relating to the prerequisites for tax abatement by a municipality for properties subject to a voluntary cleanup agreement.

To Committee on Intergovernmental Relations.

SB 808 by Jackson

Relating to the exemption of services to restore property or items located in disaster areas.

To Committee on Finance.

SB 809 by Lucio

Relating to state support of ports.

To Committee on State Affairs.

SB 810 by Lucio

Relating to a moratorium on the regulation of shrimping by the Parks and Wildlife Department.

To Committee on Natural Resources.

SB 811 by Lucio

Relating to membership of the policy board of a metropolitan planning organization.

To Committee on State Affairs.

SB 812 by Carona, Moncrief, Bernsen, Shapleigh, Zaffirini

Relating to expanding access to women's health care services.

To Committee on Health and Human Services.

SB 813 by Brown, Madla, Truan

Relating to the creation of the spaceport trust fund.

To Committee on Finance.

SB 814 by Barrientos

Relating to the confidentiality of identifying information of juvenile sex offense victims.

To Committee on Criminal Justice.

SB 815 by Armbrister

Relating to the death of or injury to an unborn child; providing penalties.

To Committee on Criminal Justice.

SB 816 by Armbrister

Relating to the authority of the commissioners court of a county to regulate the movement of an oversize manufactured house on certain county roads, bridges, or culverts; providing a penalty.

To Committee on Intergovernmental Relations.

SB 817 by Armbrister

Relating to the requirement that the name of a state agency be printed on certain state motor vehicles.

To Committee on State Affairs.

SB 818 by Armbrister

Relating to the prescriptive authority of certain psychologists.

To Committee on Health and Human Services.

77th Legislature — Regular Session 25th Day

SB 819 by Armbrister, Bernsen

Relating to regulation of the carrying of a handgun.

To Committee on Criminal Justice.

SB 820 by Brown

Relating to a firefighters' relief and retirement fund in certain municipalities.

To Committee on Intergovernmental Relations.

SB 821 by Truan

Relating to the annexation of additional territory and the composition of the port commission of the Port of Corpus Christi Authority of Nueces County, Texas.

To Committee on Natural Resources.

SB 822 by West

Relating to the regulation of political contributions to judicial candidates and officeholders.

To Committee on Jurisprudence.

SB 823 by West

Relating to the regulation of political contributions to certain judicial candidates.

To Committee on Jurisprudence.

SB 824 by Truan

Relating to dual literacy programs and teacher certification in public schools.

To Committee on Education.

SB 825 by Truan

Relating to the allocation of state hotel occupancy tax revenue to certain municipalities.

To Committee on Intergovernmental Relations.

SB 826 by Truan

Relating to the location of public education programs.

To Committee on Education

SB 827 by Duncan

Relating to certain anticipation notes for rural economic development.

To Committee on Natural Resources.

SB 828 by Lindsay

Relating to the continuation of and to the grant-making authority of the On-site Wastewater Treatment Research Council.

To Committee on Natural Resources.

SB 829 by Lindsay

Relating to prohibiting municipal regulation of water and wastewater facilities in the unincorporated area of certain counties.

To Committee on Intergovernmental Relations.

SB 830 by Lindsay

Relating to the boundaries of the North Harris County Regional Water Authority.

To Committee on Natural Resources.

Thursday, February 22, 2001

SENATE JOURNAL

SB 831 by Moncrief

Relating to the establishment of a medical assistance buy-in pilot program for certain persons with disabilities.

To Committee on Health and Human Services.

SB 832 by Moncrief

Relating to requiring reports from the Health and Human Services Commission about the state Medicaid program.

To Committee on Health and Human Services.

SB 833 by Moncrief

Relating to child-care services and to an exemption from the sales and use tax for certain equipment purchased or used to provide child-care services.

To Committee on Finance.

SB 834 by Moncrief

Relating to electronic access to health and human services information.

To Committee on Health and Human Services.

SB 835 by Nelson

Relating to the directors of the Upper Trinity Regional Water District and the powers and duties of the district; providing a criminal penalty.

To Committee on Natural Resources.

SB 836 by Shapleigh

Relating to the allocation of certain child care funds to local workforce development areas.

To Committee on Business and Commerce.

SB 837 by Shapleigh

Relating to the development of a strategic plan by the Border Health Institute.

To Committee on Business and Commerce.

SB 838 by Shapleigh

Relating to a program of grants and loans to provide capital for community development and economic development institutions in economically distressed and low-income areas.

To Committee on Business and Commerce.

SB 839 by Wentworth

Relating to excepting from required disclosure under the public information law information that identifies the location of a cave.

To Committee on State Affairs.

SB 840 by Wentworth

Relating to the response required of a governmental body to a request for information from a person who is incarcerated.

To Committee on Criminal Justice.

77th Legislature — Regular Session 25th Day

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

February 22, 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 179, In memory of auto racing legend Dale Earnhardt, Sr., of Kannapolis, North Carolina.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

PHYSICIAN OF THE DAY

Senator Staples was recognized and presented Dr. Keith Miller of Center as the Physician of the Day.

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

SENATE RESOLUTION 336

Senator Nelson offered the following resolution:

WHEREAS, The Texas Senate is pleased to extend sincere best wishes to Senator Chris Harris for a most joyous and happy birthday; now, therefore, be it

RESOLVED, That a copy of this Resolution be prepared for Senator Harris as an expression of deepest friendship and respect from his colleagues.

NELSON

SHAPIRO

VAN DE PUTTE

ZAFFIRINI

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

GUESTS PRESENTED

Senator Zaffirini was recognized and introduced to the Senate students from Lamar Middle School in Laredo and their sponsor.

The Senate welcomed its guests.

Thursday, February 22, 2001

SENATE JOURNAL

GUESTS PRESENTED

Senator Van de Putte was recognized and introduced to the Senate students from Mount Sacred Heart Academy in San Antonio, accompanied by their teacher and their assistant principal.

The Senate welcomed its guests.

(Senator Gallegos in Chair)

SENATE RESOLUTION 134

Senator Duncan offered the following resolution:

WHEREAS, The Senate of Texas is pleased to recognize McCamey, a great Texas city which is making its comeback; and

WHEREAS, The slowing of the oil industry in Texas adversely affected McCamey, causing the local economy to shrink and forcing many residents to leave; and

WHEREAS, Now, however, the City of McCamey is experiencing an era of rejuvenation; several corporations have found a new, abundant source of energy to harness, and companies like ESI West Texas Wind Energy, Incorporated, Cielo Wind Power Company, and Enron are constructing wind farms in areas close to McCamey; and

WHEREAS, Wind energy offers exceptional benefits for citizens throughout Texas; environmentally sound, wind power yields no harmful byproducts, such as those causing acid rain, smog, and global warming; wind energy is also inexhaustible and cost-effective; and

WHEREAS, The continued construction of wind energy plants bodes well for citizens of McCamey, as the infusion of business dollars into the city's economy promises a return to prosperity and growth; and

WHEREAS, Citizens of McCamey are proud to be on the cutting edge of energy technology; after many difficult years, McCamey residents now see a bright future for their city in wind energy; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby proclaim McCamey, Texas, "Wind Energy Capital of Texas" and extend hearty congratulations to McCamey residents on this new chapter in their city's history; and, be it further

RESOLVED, That a copy of this Resolution be prepared for citizens of McCamey as a expression of esteem from the Texas Senate.

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

GUESTS PRESENTED

Senator Duncan was recognized and introduced to the Senate a delegation of city officials from the City of McCamey.

The Senate welcomed its guests.

SENATE RESOLUTION 307

Senator Staples offered the following resolution:

WHEREAS, On February 22, 2001, many proud citizens from Palestine are gathering in Austin to celebrate Palestine Day at the State Capitol; and

77th Legislature — Regular Session 25th Day

WHEREAS, Established in 1846, the city serves as the county seat of Anderson County and, with more than 1,600 historic landmarks, enjoys a long and distinguished history; and

WHEREAS, Marie Cronin, a notable artist who received her early schooling in Palestine, contributed greatly not only to the history of the area but also to the history of this state with her portraits of such important Texans as governors Thomas Campbell, Oscar Branch Colquitt, and James E. Ferguson, and her portraits of John H. Reagan, U.S. senator and postmaster general of the Confederacy, Joanna Troutman, said to be the maker of the first Texas flag, and Colonel Alfonso Steele, last survivor of the Battle of San Jacinto, hang in the Senate Chamber; and

WHEREAS, Selected as one of Texas' top 10 places to commune with nature in a Texas Highways Readers' Choice survey, Palestine's picturesque landscape is replete with Victorian-style homes and magnificent magnolias and dogwoods; for those wanting to see the town's scenery in all of its natural splendor, the Texas State Railroad, otherwise known as the Iron Horse, makes weekend excursions through the city's breathtaking countryside; and

WHEREAS, In addition, Palestine is also home to many noteworthy attractions, including the Anderson County Courthouse, Carnegie Library, Palestine Community Forest, Davey Dogwood Park, Howard House Museum, and Pilgrim Church; moreover, the annual Hot Pepper and Dogwood Trails festivals are among the town's most celebrated traditions; and

WHEREAS, This admirable city also features the Engeling Wildlife Management Area, an 11,000-acre wildlife habitat, and has a diverse economy that includes transportation, manufacturing, agribusiness, and tourism; and

WHEREAS, Palestine is a bustling city that is embracing the myriad challenges and opportunities of the future while retaining its rich heritage and culture, and it is most appropriate to pay tribute to its fine citizens at this time; now, therefore, be it

RESOLVED, That the Senate of the 77th Texas Legislature hereby recognize February 22, 2001, as Palestine Day at the State Capitol and extend to its citizens sincere best wishes for the future.

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 the City of Palestine.

The Senate welcomed its guests.

(President in Chair)

HOUSE CONCURRENT RESOLUTION 179

The President laid before the Senate the following resolution:

HCR 179, In memory of auto racing legend Dale Earnhardt, Sr., of Kannapolis, North Carolina.

MONCRIEF

The resolution was read.

On motion of Senator Moncrief and by unanimous consent, the resolution was considered immediately and was adopted by a rising vote of the Senate.

Thursday, February 22, 2001

SENATE JOURNAL

SENATE RESOLUTION 299

Senator Nelson offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to join the residents of Tarrant County and the Coalition of Tarrant County Chambers of Commerce in celebrating Tarrant County Day at the State Capitol on February 21 and 22, 2001; and

WHEREAS, Tarrant County was created in 1849 and named for General Edward H. Tarrant; the fourth most populous county in Texas, it is home to the headquarters of such corporate giants as Radio Shack, American Airlines, Burlington Northern Santa Fe, and Pier 1; and

WHEREAS, Located in North Central Texas on the Grand Prairie and Blackland Prairies, Tarrant County is a popular area for vacationing, and today, the flavor of the Old West is still inspiring in the county's ranch lands, museums, art, and recreational centers; and

WHEREAS, The county is home to some of the state's most outstanding cultural attractions, including the Amon G. Carter Museum, the Kimbell Art Museum, and the Fort Worth Museum of Science and History; and

WHEREAS, Located in Fort Worth, the county seat, the Amon G. Carter Museum contains a fabulous collection of western art featuring permanent collections of Frederic Remington and Charles M. Russell; and

WHEREAS, Famous for its tourism centers such as the Fort Worth Stockyards and the nationally known Six Flags Over Texas, Tarrant County is often referred to as "Where the West Begins"; and

WHEREAS, The county is flourishing economically and owes much of its stability to the leadership provided by the Coalition of Tarrant County Chambers of Commerce; the coalition represents more than 7,500 business organizations; and

WHEREAS, The coalition brings together 23 chambers of commerce from throughout Tarrant County to support public policy initiatives that meet the needs of employers, employees, clients, and customers; and

WHEREAS, Noted for its many contributions to the overall quality of life in Tarrant County, the coalition builds productive partnerships between the business community and local, state, and federal governments to provide for positive growth in business development; and

WHEREAS, The members of the Coalition of Tarrant County Chambers of Commerce and the residents of Tarrant County deserve credit for maintaining the county's vitality and for preserving its many amenities in the face of urban growth and industrial development; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the people of Tarrant County on their achievements and their contributions to our state and extend best wishes to them for a joyous Tarrant County Day; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the residents of Tarrant County and the Coalition of Tarrant County Chambers of Commerce as an expression of esteem from the Texas Senate.

NELSON

HARRIS

MONCRIEF

SIBLEY

WEST

The resolution was again read.

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

77th Legislature — Regular Session 25th Day

GUESTS PRESENTED

Senator Nelson was recognized and introduced to the Senate a delegation of citizens from Tarrant County.

The Senate welcomed its guests.

CONCLUSION OF MORNING CALL

The President at 11:30 a.m. announced the conclusion of morning call.

COMMITTEE SUBSTITUTE

SENATE BILL 199 ON SECOND READING

Senator West moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that CSSB 199 be taken up for consideration at this time:

CSSB 199, Relating to prohibiting the possession of firearms by certain individuals convicted of or otherwise found to have committed family violence; providing penalties.

The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Jackson.

The bill was read second time.

Senator Brown offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 199 (Committee Printing) as follows:

(1)  In SECTION 2, in added Section 46.04(c), Penal Code, (page 2, line 12), between "person" and "who", insert ", other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision,".

(2)  In SECTION 3, in added Section 85.022(b)(6), Family Code, (page 2, line 46), between "firearm" and the period, insert ", unless the person is a peace officer, as defined by Section 1.07, Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision".

(3)  In SECTION 4, in added Article 17.292(c)(4), Code of Criminal Procedure, (page 3, line 3), between "firearm" and the period, insert ", unless the person is a peace officer, as defined by Section 1.07, Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision".

(4)  In SECTION 4, in amended Article 17.292(g), Code of Criminal Procedure, (page 3, line 14), between "PERSON" and "SUBJECT", insert ", OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS".

(5)  Strike SECTION 5, (page 3, line 26), and substitute the following:

SECTION 5. Section 85.026(a), Family Code, is amended to read as follows:

(a)  Each protective order issued under this subtitle, including a temporary ex parte order, must contain the following prominently displayed statements in boldfaced type, capital letters, or underlined:

Thursday, February 22, 2001

SENATE JOURNAL

"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."

"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER."

"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION."

SECTION 6. This Act takes effect September 1, 2001.

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

RECORD OF VOTES

Senators Barrientos and Truan asked to be recorded as voting "Nay" on the adoption of the amendment.

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

CSSB 199 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 199 ON THIRD READING

Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 199 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Jackson.

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

GUESTS PRESENTED

Senator Carona was recognized and introduced to the Senate a group of seventh-grade students from the Texas history class at The Hillcrest Academy in Dallas.

The Senate welcomed its guests.

77th Legislature — Regular Session 25th Day

(Senator Shapiro in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 158 ON SECOND READING

Senator Truan 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 158 be taken up for consideration at this time:

CSSB 158, Relating to counseling public school students regarding higher education.

The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Jackson.

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

COMMITTEE SUBSTITUTE

SENATE BILL 158 ON THIRD READING

Senator Truan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 158 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Jackson.

The bill was read third time and was passed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Jackson.

SENATE BILL 232 ON SECOND READING

Senator Harris 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 232 be taken up for consideration at this time:

Thursday, February 22, 2001

SENATE JOURNAL

SB 232, Relating to the designation of a portion of Interstate Highway 30 between Dallas and Fort Worth as the Tom Landry Highway.

The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Jackson.

The bill was read second time.

Senator Harris offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend SB 232 as follows:

(1) On page 1, line 12, after "information" and before the period, insert ", to include the Tom Landry hat insignia".

The committee amendment was read.

On motion of Senator Harris and by unanimous consent, Committee Amendment No. 1 was tabled.

SB 232 was passed to engrossment by a viva voce vote.

SENATE BILL 232 ON THIRD READING

Senator Harris moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 232 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Jackson.

The bill was read third time and was passed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Jackson.

77th Legislature — Regular Session 25th Day

SENATE BILL 233 ON SECOND READING

Senator Harris 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 233 be taken up for consideration at this time:

SB 233, Relating to parental liability for the conduct of a child.

The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Jackson.

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

SENATE BILL 233 ON THIRD READING

Senator Harris moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 233 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Jackson.

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

(President in Chair)

SENATE BILL 405 ON SECOND READING

Senator Brown 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 405 be taken up for consideration at this time:

SB 405, Relating to the regulation of professional geoscientists; providing penalties.

The motion prevailed by the following vote: Yeas 27, Nays 1, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Gallegos, Harris, Haywood, Lindsay, Lucio, Madla, Moncrief, Nelson,

Thursday, February 22, 2001

SENATE JOURNAL

Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini.

Nays: Ogden.

Present-not voting: Mr. President.

Absent: Fraser.

Absent-excused: Jackson.

The bill was read second time.

Senator Brown offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 405 in SECTION 1 of the bill, in proposed Section 6.02, Texas Geoscience Practice Act (Committee Printing page 9, lines 3-5), by striking Subdivision (10) and substituting the following:

(10)  the determination of the suitability of a site for a specific on-site sewage disposal system by a person who has successfully completed site evaluation training approved by the Texas Natural Resource Conservation Commission and is:

(A)  registered by the commission as:

(i)  an installer, if the commission recognizes only one level of installer; or

(ii)  the highest level of installer recognized by the commission, if the commission recognizes more than one level of installer;

(B)  a designated representative; or

(C)  a registered professional sanitarian.

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

Senator Wentworth offered the following amendment to the bill:

Floor Amendment No. 2

Amend SB 405 by inserting the following section, appropriately numbered, between SECTIONS 1 and 2 of the bill (Committee Printing page 15, between lines 56 and 57) and renumbering the subsequent sections appropriately:

SECTION ____. AMENDMENTS. (a) Section 212.0101(a), Local Government Code, is amended to read as follows:

(a)  If a person submits a plat for the subdivision of a tract of land for which the source of the water supply intended for the subdivision is groundwater under that land, the municipal authority responsible for approving plats by ordinance may require the plat application to have attached to it a statement that:

(1)  is prepared by an engineer licensed [registered ] to practice in this state or a geoscientist licensed to practice in this state; and

(2)  certifies that adequate groundwater is available for the subdivision.

(b)  Section 232.0031(a), Local Government Code, as added by Chapter 460, Acts of the 76th Legislature, Regular Session, 1999, is amended to read as follows:

(a)  If a person submits a plat for the subdivision of a tract of land for which the source of the water supply intended for the subdivision is groundwater under that land, the commissioners court of a county by order may require the plat application to have attached to it a statement that:

77th Legislature — Regular Session 25th Day

(1)  is prepared by an engineer licensed [registered ] to practice in this state or a geoscientist licensed to practice in this state; and

(2)  certifies that adequate groundwater is available for the subdivision.

(c)  The changes in law made by this Act to Sections 212.0101(a) and 232.0031(a), Local Government Code, apply only to a subdivision plat application that is filed on or after the effective date of this Act. A subdivision plat application that is filed before the effective date of this Act is governed by the law in effect on the date the application is filed, and that law is continued in effect for that purpose.

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

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

SB 405 as amended was passed to engrossment by a viva voce vote.

RECORD OF VOTE

Senator Ogden asked to be recorded as voting "Nay" on the passage of SB 405 to engrossment.

SENATE BILL 405 ON THIRD READING

Senator Brown moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 405 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 26, Nays 2, Present-not voting 1.

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

Nays: Ogden, Wentworth.

Present-not voting: Mr. President.

Absent: Fraser.

Absent-excused: Jackson.

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

RECORD OF VOTE

Senator Ogden asked to be recorded as voting "Nay" on the final passage of SB 405.

COMMITTEE SUBSTITUTE

SENATE BILL 198 ON SECOND READING

Senator Moncrief 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 198 be taken up for consideration at this time:

CSSB 198, Relating to executory contracts for the conveyance of real property.

Thursday, February 22, 2001

SENATE JOURNAL

The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Jackson.

The bill was read second time.

Senator Wentworth offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 198 in SECTION 1 of the bill (Committee Printing page 3, lines 65-69, and page 4, lines 1-3) by striking Section 5.068, Property Code, as amended and redesignated, and substituting the following:

Sec. 5.068 [5.093 ]. FOREIGN [SPANISH ] LANGUAGE REQUIREMENT. (a) If the negotiations that precede the execution of an executory contract are conducted primarily in Spanish, the seller shall provide a copy in Spanish of all written documents relating to the transaction, including the contract, disclosure notices [notice ], [and ] annual accounting statements, [required by this subchapter ] and a notice of default required by this subchapter [Subchapter D ].

(b) If the negotiations that precede the execution of an executory contract are conducted primarily in a language other than English, the seller shall provide a copy in that language of all written documents relating to the transaction, including the contract, disclosure notices, annual accounting statements, and a notice of default required by this subchapter.

(c) The attorney general, on the request of a seller, shall provide document translation services for the purpose of assisting the seller in complying with this section.

(d) Subsections (b) and (c) take effect beginning on the first day of the first state fiscal biennium for which the legislature appropriates funds to the attorney general to provide document translation services to sellers for the purpose of assisting sellers in complying with this section.

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

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

CSSB 198 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 198 ON THIRD READING

Senator Moncrief moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 198 be placed on its third reading and final passage.

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

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Lindsay, Lucio, Madla, Moncrief, Nelson,

77th Legislature — Regular Session 25th Day

Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Jackson.

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

SENATE BILL 152 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 152 be taken up for consideration at this time:

SB 152, Relating to the appeal of certain determinations by the Texas Board of Chiropractic Examiners.

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

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

Nays: Shapleigh.

Present-not voting: Mr. President.

Absent-excused: Jackson.

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

RECORD OF VOTE

Senator Shapleigh asked to be recorded as voting "Nay" on the passage of SB 152 to engrossment.

SENATE BILL 152 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 152 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 27, Nays 2, Present-not voting 1.

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

Nays: Shapleigh, Wentworth.

Present-not voting: Mr. President.

Absent-excused: Jackson.

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

Thursday, February 22, 2001

SENATE JOURNAL

RECORD OF VOTE

Senator Shapleigh asked to be recorded as voting "Nay" on the final passage of SB 152.

COMMITTEE SUBSTITUTE

SENATE BILL 31 ON SECOND READING

Senator Zaffirini moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that CSSB 31 be taken up for consideration at this time:

CSSB 31, Relating to providing information about bacterial meningitis to students of public schools and students of institutions of higher education.

The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Jackson.

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

COMMITTEE SUBSTITUTE

SENATE BILL 31 ON THIRD READING

Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 31 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Jackson.

The bill was read third time and was passed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Jackson.

COMMITTEE SUBSTITUTE

SENATE BILL 52 ON SECOND READING

Senator Zaffirini moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that CSSB 52 be taken up for consideration at this time:

77th Legislature — Regular Session 25th Day

CSSB 52, Relating to a requirement that child-care facilities post certain signs.

The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Jackson.

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

COMMITTEE SUBSTITUTE

SENATE BILL 52 ON THIRD READING

Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 52 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Jackson.

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

SENATE BILL 168 ON SECOND READING

Senator Zaffirini moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that SB 168 be taken up for consideration at this time:

SB 168, Relating to inspection by the Department of Protective and Regulatory Services of child-care facilities, child-placing agencies, and family homes.

The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Jackson.

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

SENATE BILL 168 ON THIRD READING

Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 168 be placed on its third reading and final passage.

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

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Lindsay, Lucio, Madla, Moncrief, Nelson,

Thursday, February 22, 2001

SENATE JOURNAL

Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Jackson.

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

SENATE BILL 131 ON SECOND READING

Senator Wentworth 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 131 be taken up for consideration at this time:

SB 131, Relating to the length of time notice of a meeting of a governmental body with statewide jurisdiction must be posted under the open meetings law.

The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Jackson.

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

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolution

SR 338 by Zaffirini, In memory of Joshua Leigh De Luna of Beeville.

Congratulatory Resolutions

SR 330 by Carona and Cain, Congratulating Dr. John D. Horn of Mesquite.

SR 332 by Ellis, Congratulating Zinetta A. Burney.

SR 335 by Madla, Congratulating Joe and Laurine Van Hecke.

SR 337 by Cain, Congratulating Mary Gossett of Forney.

Designation Resolution

SR 334 by Madla, Recognizing April 25, 2001, as County Government Day at the Capitol.

ADJOURNMENT

On motion of Senator Truan, the Senate at 12:32 p.m. adjourned until 1:00 p.m. Monday, February 26, 2001.

77th Legislature — Regular Session 25th Day

APPENDIX

COMMITTEE REPORT

The following committee report was received by the Senate:

February 22, 2001

NATURAL RESOURCES — CSSB 649