Wednesday, February 28, 2001

SENATE JOURNAL

TWENTY-EIGHTH DAY

Wednesday, February 28, 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 Dr. James E. Pool, Tabernacle Baptist Church, Ennis, offered the invocation as follows:

Dear heavenly father, we bow our hearts before You today, acknowledging that You are the sovereign lord of all that is. You created the heavens and the Earth, with each individual present today standing as a wonderful example of Your boundless creativity and power.

Give us the grace, Father, to submit ourselves to You. We ask You to create anew in every one of our hearts the desire to seek You and know You more fully, to understand Your ways and Your deeds. Lord, help us never to seek glory from one another, but to seek the fullness of Your presence in our lives, that You may be fully exalted.

Lord, I thank You for raising up these Senators and officials for this very moment in the history of Texas. I pray that You would give each one of them the grace to lay aside anything that has to do with selfish ambition or worldly pride. Help them, Father, to see the people of this state through Your loving and compassionate eyes. Give them the ability to see Your activity and the courage to join You in Your holy work. Lord, help us all to fear You more than we fear man. In the name of our lord 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 Barrientos will be shown as Co-author of SB 19.

77th Legislature — Regular Session 28th Day

CO-AUTHOR OF SENATE BILL 27

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

CO-AUTHOR OF SENATE BILL 113

On motion of Senator Moncrief and by unanimous consent, Senator Duncan will be shown as Co-author of SB 113.

CO-AUTHOR OF SENATE BILL 174

On motion of Senator Duncan and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 174.

CO-AUTHOR OF SENATE BILL 517

On motion of Senator Lucio and by unanimous consent, Senator Carona will be shown as Co-author of SB 517.

CO-AUTHOR OF SENATE BILL 554

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

CO-AUTHORS OF SENATE BILL 928

On motion of Senator Shapleigh and by unanimous consent, Senators Barrientos, Cain, Lucio, Madla, and Truan will be shown as Co-authors of SB 928.

CO-AUTHORS OF SENATE BILL 940

On motion of Senator Bivins and by unanimous consent, Senators Ellis, Ogden, Sibley, Truan, and Zaffirini will be shown as Co-authors of SB 940.

CO-AUTHOR OF SENATE JOINT RESOLUTION 6

On motion of Senator Duncan and by unanimous consent, Senator Zaffirini will be shown as Co-author of SJR 6.

CO-AUTHORS OF SENATE JOINT RESOLUTION 28

On motion of Senator Shapleigh and by unanimous consent, Senators Barrientos, Cain, Lucio, Madla, and Truan will be shown as Co-authors of SJR 28.

SENATE BILLS ON FIRST READING

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

SB 305 by Harris, Zaffirini

Relating to the continuation and functions of the Texas Parks and Wildlife Department.

To Committee on Natural Resources.

SB 914 by Ogden

Relating to the location of certain facilities financed or refinanced by higher education authorities or by nonprofit corporations exercising the powers of those authorities.

To Committee on Education.

Wednesday, February 28, 2001

SENATE JOURNAL

SB 941 by Lindsay

Relating to eligibility for assignment of former or retired statutory probate judges as visiting judges.

To Committee on Jurisprudence.

SB 942 by Van de Putte

Relating to insurance carrier reimbursement regarding benefit overpayments on certain workers' compensation claims.

To Committee on Business and Commerce.

SB 943 by Van de Putte

Relating to monitoring of the conduct of insurers that engage in the business of workers' compensation insurance in this state; providing penalties.

To Committee on Business and Commerce.

SB 944 by Van de Putte, Truan

Relating to the contracting authority of certain hospital districts to enter into or modify a tax abatement agreement.

To Committee on Intergovernmental Relations.

SB 945 by Van de Putte

Relating to the publication of certain brochures for the federal special supplemental food program for women, infants, and children.

To Committee on Health and Human Services.

SB 946 by Brown

Relating to the authority of the Railroad Commission to sell salvageable equipment and hydrocarbons to prevent theft.

To Committee on Natural Resources.

SB 947 by Brown

Relating to the composition and disposition of the oil-field cleanup fund.

To Committee on Natural Resources.

SB 948 by Brown

Relating to the testing of liquefied petroleum gas piping systems in school facilities.

To Committee on Education.

SB 949 by Shapiro

Relating to the applicability of municipal zoning ordinances to open-enrollment charter schools.

To Committee on Intergovernmental Relations.

SB 950 by Truan

Relating to special license plates for passenger cars and light trucks owned by or used for the transportation of veterans with disabilities.

To Committee on Veteran Affairs and Military Installations.

SB 951 by Truan

Relating to certification of historically underutilized businesses by certain nonprofit organizations.

To Committee on State Affairs.

77th Legislature — Regular Session 28th Day

SB 952 by Truan

Relating to subcontracting opportunities for historically underutilized businesses.

To Committee on State Affairs.

SB 953 by Lucio

Relating to the duration of a hunting or fishing license, stamp, tag, or permit.

To Committee on Natural Resources.

SB 954 by Barrientos

Relating to the jurisdiction of and procedure in a county court at law in Travis County.

To Committee on Intergovernmental Relations.

SB 955 by Harris

Relating to the delegation of certain functions by health maintenance organizations.

To Committee on Business and Commerce.

SB 956 by Sibley, Harris

Relating to the creation of an additional judicial district in Parker County.

To Committee on Finance.

SB 957 by Brown

Relating to loss damage waivers in certain rental-purchase agreements.

To Committee on Business and Commerce.

SB 958 by Brown

Relating to testing natural gas piping in certain school facilities.

To Committee on Education.

SB 959 by Barrientos

Relating to confidentiality of information regarding a victim of sexual assault or family violence.

To Committee on Jurisprudence.

SB 960 by Brown

Relating to the salaries of certain justices and judges and to the authority of a county to supplement those salaries.

To Committee on Intergovernmental Relations.

SB 961 by Moncrief, Shapiro, Cain

Relating to salary supplements by a county or a municipality for child protective services workers.

To Committee on Intergovernmental Relations.

SB 962 by Moncrief, Shapiro

Relating to a pilot project to address the need for more child protective services workers in certain regions of the state.

To Committee on Health and Human Services.

SB 963 by Van de Putte

Relating to the fee for reinstatement of certain suspended, revoked, canceled, or disqualified driver's licenses.

To Committee on Criminal Justice.

Wednesday, February 28, 2001

SENATE JOURNAL

SB 964 by Van de Putte

Relating to a legislative leave time bank for fire fighters and police officers in certain municipalities and counties.

To Committee on Intergovernmental Relations.

SB 965 by Jackson

Relating to sale of wine by the holder of a winery permit.

To Committee on Business and Commerce.

SB 966 by Staples

Relating to preventing the consequences of theft, including retail theft; providing penalties.

To Committee on Criminal Justice.

SB 967 by Carona

Relating to adoption of the Business Organizations Code; providing penalties.

To Committee on Business and Commerce.

SB 968 by Bivins, Haywood

Relating to acquiring motor fuel without paying for the fuel; providing penalties.

To Committee on Criminal Justice.

SB 969 by Bivins

Relating to the Deaf Smith County Hospital District.

To Committee on Intergovernmental Relations.

SB 970 by Madla

Relating to certain diversity requirements for appointments to local workforce development boards.

To Committee on Business and Commerce.

SB 971 by Shapleigh, Madla

Relating to requiring state investment funds to post certain information on the Internet.

To Committee on State Affairs.

RESOLUTIONS SIGNED

The President announced the signing of the following enrolled resolutions in the presence of the Senate: HCR 86, HCR 96, HCR 142, HCR 145, HCR 175.

PHYSICIAN OF THE DAY

Senator Barrientos was recognized and presented Dr. Elliot Trester of Austin as the Physician of the Day.

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

GUESTS PRESENTED

Senator Truan was recognized and introduced to the Senate seventh- and eighth-grade honor students, accompanied by their teacher, from Cunningham Middle School in Corpus Christi.

The Senate welcomed its guests.

77th Legislature — Regular Session 28th Day

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

February 28, 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 50, In memory of Robert O'Connor.

HCR 82, Honoring the Ennis High School football team on winning the state championship.

HCR 95, Recognizing February 28, 2001, as Ellis County Day at the State Capitol.

HCR 111, In memory of Victor T. Newman of Waco.

HCR 112, In memory of Lieutenant Colonel George R. "Bob" Scott of Waco.

HCR 113, In memory of Robert L. Dillard, Jr., of Dallas.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

GUESTS PRESENTED

Senator Lindsay was recognized and introduced to the Senate a delegation of members of the Texas Public Employees Association.

The Senate welcomed its guests.

SENATE RESOLUTION 245

Senator Sibley offered the following resolution:

WHEREAS, The Senate of the State of Texas recognizes that many Texans suffer from eating disorders; and

WHEREAS, Diets that severely limit caloric intake deprive the body of vitamins and nutrients essential for good health and pose immediate and long-term risks to a person's well-being; and

WHEREAS, Nationwide, five to 10 million adolescent girls and women and one million boys and men struggle with eating disorders such as anorexia and bulimia nervosa; and

WHEREAS, Several factors have contributed to the proliferation of eating disorders in recent times, most notably the feeling among girls and young women that they must conform to popular, and often unrealistic, notions about beauty; and

WHEREAS, Texans across the state have joined national efforts to increase awareness and education about eating disorders during Eating Disorder Awareness Week, to be held February 25 through March 3, 2001; and

Wednesday, February 28, 2001

SENATE JOURNAL

WHEREAS, Organizers and supporters will use Eating Disorder Awareness Week to inform the public about treatment and recovery options for those suffering from eating disorders and how to recognize at-risk individuals for anorexia, bulimia, and other dangerous conditions; and

WHEREAS, By encouraging all Texans, especially young persons, to practice good eating habits and to respect differences in body type and physical appearance, eating disorders can be prevented; and

WHEREAS, The Senate of the State of Texas urges citizens of Texas to take seriously the life-threatening consequences of eating disorders and to work diligently for their prevention; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby designate February 25 through March 3, 2001, as Eating Disorder Awareness Week in Texas; and, be it further

RESOLVED, That a copy of this Resolution be prepared to inform all Texans of this vital health initiative.

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

GUESTS PRESENTED

Senator Sibley was recognized and introduced to the Senate Dawn Montaner, Executive Director of Lifelines Foundation for Eating Disorders, and her husband Victor.

The Senate welcomed Mr. and Mrs. Montaner.

HOUSE CONCURRENT RESOLUTION 95

The President laid before the Senate the following resolution:

HCR 95, Recognizing February 28, 2001, as Ellis County Day at the State Capitol.

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, joined by Senators Cain and Sibley, was recognized and introduced to the Senate a delegation of officials and citizens from Ellis County.

The Senate welcomed its guests.

HOUSE CONCURRENT RESOLUTION 82

The President laid before the Senate the following resolution:

HCR 82, Honoring the Ennis High School football team on winning the state championship.

CAIN

The resolution was read.

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

77th Legislature — Regular Session 28th Day

GUESTS PRESENTED

Senator Cain was recognized and introduced to the Senate members of the Ennis High School football team and their coach Sam Harrell, Ennis Independent School District Superintendent Mike Harper, and Athletic Director Bill Cox.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Fraser was recognized and introduced to the Senate a group of students from the University of Mary Hardin-Baylor in Belton.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate a delegation from The Texas A&M University System Chancellor's Student Advisory Board.

The Senate welcomed its guests.

SENATE RESOLUTION 363

Senator Haywood offered the following resolution:

WHEREAS, On February 28, 2001, proud citizens from Vernon, Crowell, and Quanah are gathering in Austin to celebrate Western Heritage Group Day at the State Capitol; and

WHEREAS, The Western Heritage Group strives to ensure that industries in these fine towns continue to thrive; its members support further growth in the business community and promote a positive vision of the future; and

WHEREAS, The Western Heritage Group is made up of community leaders, including mayors, bankers, store owners, chamber of commerce members, and other economic development personnel; by uniting and addressing the challenging issues that face their communities, these admirable Texans are laying the foundation for prosperity in the years ahead; and

WHEREAS, Vernon, Crowell, and Quanah share many characteristics; they are rural communities with economies that are based on farming, ranching, and oil production, and they serve as the county seats of their respective counties; and

WHEREAS, Located in Hardeman County, Quanah has been designated a Texas Main Street city and features the historic Medicine Mounds; moreover, the 1,933-acre Copper Breaks State Park is a popular destination for outdoor and water enthusiasts; and

WHEREAS, Established in 1891, Crowell is part of Foard County, and its Depot Library/Museum and Firehall Museum reflect the town's rich history and heritage and attract visitors from across the Lone Star State; and

WHEREAS, Originally to be named Eagle Flat, Vernon is in Wilbarger County and is home of the Santa Rosa Palomino Club; this unique precision equestrian riding club earned the distinction of being selected as Texas' Ambassadors on Horseback by the Texas Legislature; and

Wednesday, February 28, 2001

SENATE JOURNAL

WHEREAS, With their proactive approach and creative vision, the members of the Western Heritage Group are making immeasurable contributions to their communities and a positive impact on the State of Texas, and it is indeed most appropriate to pay tribute to them at this time; now, therefore, be it

RESOLVED, That the Senate of the 77th Texas Legislature hereby recognize February 28, 2001, as Western Heritage Group Day at the State Capitol and extend to the Western Heritage Group sincere best wishes for success in their ongoing endeavors.

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

GUESTS PRESENTED

Senator Haywood was recognized and introduced to the Senate a delegation of citizens from the cities of Vernon, Crowell, and Quanah.

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 Commission on the Arts: Bobbe Owen Crawford, Lubbock County; Claudia S. Ladensohn, Bexar County; Laurie G. Lozano, Hidalgo County; Mary Hardie Teeple, Travis County.

Members, Texas Higher Education Coordinating Board: Ricardo G. Cigarroa, M.D., Webb County; Raul B. Fernandez, Bexar County; Cathy Obriotti Green, Bexar County; Gerald D. Griffin, Kerr County; Carey Hobbs, McLennan County; Hector de Jesus Ruiz, Ph.D., Travis County; Terdema L. Ussery II, Denton County.

Members, University of North Texas Board of Regents: Marjorie B. Craft, Dallas County; Roy Gene Evans, Dallas County; Richard Knight, Jr., Dallas County; Tom Lazo, Sr., Dallas County; Robert A. Nickell, Dallas County.

Members, University of Houston System Board of Regents: Morrie K. Abramson, Harris County; Morgan Dunn O'Connor, Victoria County; Thad "Bo" Smith, Fort Bend County.

Members, Texas State Technical College System Board of Regents: Peterson Foster, Harris County; Terry W. Preuninger, McLennan County; Elizabeth Linda Routh, Nueces County.

77th Legislature — Regular Session 28th Day

Members, Texas Juvenile Probation Commission: Bettye "Betsy" Lake, Harris County; Lyle T. Larson, Bexar County; Carlos Villa, El Paso County.

Members, Commission on Law Enforcement Officer Standards and Education: Lilia B. Escajeda, Randall County; William B. Jackson, Tarrant County; Daniel J. Smith, Bell County; Joe A. Stivers, Walker County.

Member, Commission on Human Rights: Carroll G. Maclin, Angelina County.

Members, Board of Pilot Commissioners for Galveston County Ports: Edgar A. Bircher, Galveston County; Harry Wayne Brown, Galveston County; Elizabeth A. Iles, Galveston County; Billie A. Pennings, D.V.M., Galveston County; Edward S. Wilkinson, Sr., Ph.D., Galveston County.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

February 28, 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 121, In memory of William C. "Billy" Wooldridge of Longview.

HCR 184, Honoring the visiting delegation from Tamaulipas, Mexico.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

CONCLUSION OF MORNING CALL

The President at 11:25 a.m. announced the conclusion of morning call.

COMMITTEE SUBSTITUTE

SENATE BILL 649 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 649 be taken up for consideration at this time:

CSSB 649, Relating to training requirements for applicants for and recipients of financial assistance for water and sewer services under the economically distressed areas program.

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.

Wednesday, February 28, 2001

SENATE JOURNAL

COMMITTEE SUBSTITUTE

SENATE BILL 649 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 649 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.

(Senator Brown in Chair)

HOUSE CONCURRENT RESOLUTION 184

The Presiding Officer laid before the Senate the following resolution:

HCR 184, Honoring the visiting delegation from Tamaulipas, Mexico.

JACKSON

The resolution was read.

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

GUESTS PRESENTED

Senator Jackson was recognized and introduced to the Senate the following guests from Tamaulipas, Mexico: C.P. Jose Francisco Rabago Castillo, Mayor of Tampico; Licenciado Jorge Cuadra Iglesias, Director General Normidex; Sra. Carmen Fueyo de Cuadra, Director Comercial Normidex; Licenciado Carlos Dorantes del Rosal, Rector University I.C.E.S.T.; Licenciado Rosalinda Avina Bravo, Councilman of Tampico; C.P. Jose Puron; Licenciado Felipe Pearl, Director of Grupo Tampico; Sr. Armando Pineda Rmz., Representative, Port of Tampico; and Ingeniero Federico Padilla Rdz., President of Solid Waste Company.

The Senate welcomed its guests.

(President in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 558 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 558 be taken up for consideration at this time:

77th Legislature — Regular Session 28th Day

CSSB 558, Relating to an advisory committee on reducing drug demand.

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 Moncrief offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 558 in SECTION 1 of the bill, added Section 461.017, Health and Safety Code, as follows:

(1)  In Subsection (a) (Committee Printing page 1, line 16), strike "19" and substitute "20".

(2)  In Subsection (a)(2), between Paragraphs (G) and (H) (Committee Printing page 1, lines 37-38), insert "(H) the Texas Council on Offenders with Mental Impairments;" and reletter the subsequent paragraphs accordingly.

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

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

CSSB 558 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 558 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 558 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 688 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 688 be taken up for consideration at this time:

Wednesday, February 28, 2001

SENATE JOURNAL

SB 688, Relating to requirements for public notice and hearing on applications for air quality multiple plant permits.

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 688 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 688 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 RESOLUTION 364

Senator Barrientos offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pleasure in recognizing boxer Jesus "El Matador" Chavez, who won the Superfeatherweight North American Boxing Federation title on February 23, 2001, at the Erwin Center; and

WHEREAS, His win was the outstanding athlete's 30th straight win; El Matador has an overall record of 34 wins and one loss, and 25 of the wins were knockouts; and

WHEREAS, An excellent boxer, Jesus displayed a tremendous power and finished the fight with Tom Johnson with a TKO in the seventh round; and

WHEREAS, Granted lawful permanent residence on February 7, 2001, Jesus Chavez has distinguished himself as an athlete and a role model to youth in the community; and

WHEREAS, The 28-year-old Chavez arrived in Austin in 1994, established himself as a professional boxer and was quickly established as a world-class fighter, winning the North American Boxing Federation superfeatherweight title and rising to the number one ranking in the WBC superfeatherweight division; and

WHEREAS, This distinguished young gentleman has made it a priority to work with at-risk young people to discourage gang involvement and provide an example of the power of focus and dedication possible in a person's life; now, therefore, be it

77th Legislature — Regular Session 28th Day

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby extend hearty congratulations to Jesus "El Matador" on his winning the Superfeatherweight North American Boxing Federation title and wish him great success in the future; and, be it further

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

The resolution was again 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.

The resolution was previously adopted on Tuesday, February 27, 2001.

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate Jesus Chavez, accompanied by Brenda Hines, Marty and Robert Garriott, and Richard Lord.

The Senate welcomed its guests.

COMMITTEE SUBSTITUTE

SENATE BILL 21 ON SECOND READING

Senator Shapiro moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that CSSB 21 be taken up for consideration at this time:

CSSB 21, Relating to criminal solicitation of certain offenses involving a controlled substance; providing 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 21 ON THIRD READING

Senator Shapiro moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 21 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 28, 2001

SENATE JOURNAL

SENATE BILL 637 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 637 be taken up for consideration at this time:

SB 637, Relating to eligibility of a navigation district to create a local government transportation corporation.

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 Armbrister offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 637 by renumbering SECTION 2 as SECTION 3 and inserting a new SECTION 2 to read as follows:

SECTION 2. Sec. 431.101, Transportation Code, is amended by adding a new subsection (g) to read as follows:

(g) A local government corporation created by a navigation district must comply with all state law related to the design and construction of projects, including the procurement of design and construction services, that applies to the navigation district that created the corporation.

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

Senator Jackson offered the following amendment to the bill:

Floor Amendment No. 2

Amend SB 637 as follows:

Section 2. Section 431.104, Transportation Code, is amended by adding the following language:

(d) A local government corporation formed by a navigation district under this Subchapter shall not condemn a right-of-way through any part of an incorporated city or town without the consent of the governing body of that city or town.

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

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

SB 637 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 637 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 637 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 28th 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 the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

NOTICE GIVEN FOR

LOCAL AND UNCONTESTED CALENDAR

Senator Cain announced that a Local and Uncontested Calendar had been furnished to each Member of the Senate. He then gave notice that the Local and Uncontested Calendar Session would be held at 8:00 a.m. tomorrow and that all bills and resolutions would be considered on second and third reading in the order in which they were listed.

MOTION TO ADJOURN

On motion of Senator Truan, the Senate at 11:55 a.m. agreed to adjourn upon conclusion of the Local and Uncontested Calendar Session tomorrow, until 11:00 a.m. tomorrow.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

SR 369 by Van de Putte, In memory of Daniel Z. Rivas, Sr., of San Antonio.

SR 370 by Van de Putte, In memory of Beatrice M. Zamora of San Antonio.

SR 373 by Barrientos, In memory of Johnny Holmes of Austin.

SR 374 by Barrientos, In memory of Susie Velasquez of Austin.

SR 375 by Barrientos, In memory of Manuel Mendoza Arispe of Austin.

Congratulatory Resolutions

SR 367 by Cain, Congratulating Brother Ronnie Daniell of Canton.

SR 368 by Brown, Congratulating Dorothy Dale Morgan.

SR 376 by Barrientos, Congratulating Frank Toussaint.

SR 377 by Lucio, Congratulating Governor Rick Perry.

Designation Resolutions

SR 371 by Bivins, Duncan, and Haywood, Recognizing March 7, 2001, as Panhandle Day at the Capitol.

SR 372 by Barrientos, Recognizing March 6, 2001, as Peace Corps Day in Texas.

RECESS

On motion of Senator Truan, the Senate at 11:55 a.m. recessed until 8:00 a.m. tomorrow for the Local and Uncontested Calendar Session.

Wednesday, February 28, 2001

SENATE JOURNAL

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

February 28, 2001

FINANCE — SB 519 (Amended)

NATURAL RESOURCES — SB 352, SB 717, SB 827

STATE AFFAIRS — CSSJR 16, CSSB 645, SB 565, SB 472, CSSB 454, CSSB 220, SB 157, CSSB 4