Tuesday, March 13, 2001

SENATE JOURNAL

THIRTY-FIFTH DAY

Tuesday, March 13, 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 Randy Reagan, Lake Tawakoni Church of Christ, Wills Point, offered the invocation as follows:

Holy and divine father in heaven, we approach Your throne of mercy and grace with thanksgiving for this very day that You have given.

We are thankful for the great state in which we live, for our Governor, for our Lieutenant Governor, and for each and every Representative and Senator who all selflessly give of their time and talent to serve the people of this state.

We ask that You will bless each of them with courage, understanding, wisdom, compassion, honor, and integrity as they strive each day to direct the affairs of the citizens they serve. As they make decisions that affect so many lives, we pray that they will humbly look to You for guidance and carefully consider each and every decision as it pertains to Your will. We are thankful for the great country in which we are privileged to live and ask Your blessings upon our President.

In all things that we do and say, dear Lord, we pray that we will bring glory and honor to Your most high name. For it is through Your son that we offer these our petitions. 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 6

On motion of Senator Shapiro and by unanimous consent, Senator West will be shown as Co-author of SB 6.

CO-AUTHOR OF SENATE BILL 22

On motion of Senator Shapiro and by unanimous consent, Senator West will be shown as Co-author of SB 22.

77th Legislature — Regular Session 35th Day

CO-AUTHORS OF SENATE BILL 30

On motion of Senator Zaffirini and by unanimous consent, Senators Barrientos, Bernsen, Harris, Truan, and Van de Putte will be shown as Co-authors of SB 30.

CO-AUTHORS OF SENATE BILL 43

On motion of Senator Zaffirini and by unanimous consent, Senators Barrientos, Bernsen, Harris, and Van de Putte will be shown as Co-authors of SB 43.

CO-AUTHORS OF SENATE BILL 63

On motion of Senator Moncrief and by unanimous consent, Senators Fraser and Lucio will be shown as Co-authors of SB 63.

CO-AUTHOR OF SENATE BILL 108

On motion of Senator Lucio and by unanimous consent, Senator Duncan will be shown as Co-author of SB 108.

CO-AUTHOR OF SENATE BILL 251

On motion of Senator Harris and by unanimous consent, Senator Moncrief will be shown as Co-author of SB 251.

CO-AUTHOR OF SENATE BILL 1043

On motion of Senator Duncan and by unanimous consent, Senator Lindsay will be shown as Co-author of SB 1043.

CO-AUTHORS OF SENATE BILL 1156

On motion of Senator Zaffirini and by unanimous consent, Senators Barrientos, Bernsen, Harris, Truan, and Van de Putte will be shown as Co-authors of SB 1156.

CO-AUTHOR OF SENATE CONCURRENT RESOLUTION 28

On motion of Senator Brown and by unanimous consent, Senator Bernsen will be shown as Co-author of SCR 28.

INTRODUCTION OF

BILLS AND RESOLUTIONS POSTPONED

The President announced that the introduction of bills and resolutions on first reading would be postponed until the end of today's session.

RESOLUTION SIGNED

The President announced the signing of the following enrolled resolution in the presence of the Senate: HCR 191.

(Senator West in Chair)

SENATE RESOLUTION 357

Senator Cain offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pleasure in joining the residents of Van Zandt County, the Van Zandt County Choir, Vision 2002 members,

Tuesday, March 13, 2001

SENATE JOURNAL

and Van Zandt County elected officials in declaring Tuesday, March 13, 2001, as Van Zandt County Day; and

WHEREAS, Van Zandt County was created by an enactment of the Texas Legislature on March 20, 1848; the county was named in honor of Isaac Van Zandt, an early pioneer who was a candidate for governor of Texas and who died in 1847; and

WHEREAS, Canton is the county seat that was mapped out in 1850, incorporated in 1919, and was recently named a Main Street City; Canton is the home of the world famous First Monday Trades Day, one of the largest outdoor flea markets in the world; and

WHEREAS, The library of genealogy and local history located in Canton is a treasure trove of information about Van Zandt County and its citizens; and

WHEREAS, Edgewood, settled in the 1840s, is recognized for its circa 1900 Edgewood Heritage Park, which is dedicated to the preservation of rural culture and architectural history; and

WHEREAS, Edom, one of the oldest towns in the county, was established in 1856 and has located within its boundaries 10 official state historical markers, many of which were researched by members of the Edom Historical Society; the town is making cultural history with its active Edom Civic Theatre; and

WHEREAS, Fruitvale, founded in 1903, is noted for wooded areas and sandy land; and

WHEREAS, Grand Saline, the first county seat of the county, was established in 1873, and is known as the home of native son Wiley Post, the Morton salt plant, the salt palace, and the new Veterans' Memorial Wall; and

WHEREAS, Van was established in 1891 and is noted for its oil fields and for the Van Area Museum of Oil and Natural History, which recalls the boom times of the 1930s; and

WHEREAS, Wills Point was mapped out in 1873 as Iola and later named Wills Point after William Wills; the Depot Museum there houses a unique collection of railroad memorabilia and agricultural artifacts; the town is the bluebird capital of Texas and hosts the annual Bluebird Festival in April each year; and

WHEREAS, Van Zandt County has a population of over 40,000, and its economy is based on oil, tourism, and agribusiness; much of the county's annual income is from cattle, hogs, and dairy products; it is also a major hay, sweet potato, blueberry, and nursery plant producer; the county is fortunate to have the Sabine and Neches rivers, and it is home to Purtis Creek State Park; and

WHEREAS, The Council of Van Zandt County Communities seeks to unite the people and towns in the county; and

WHEREAS, The council helps in sharing calendars of events, supporting countywide activities, including the East Texas State Fair, the Van Zandt County Fair, and the Van Zandt County Relay for Life, and sponsoring the visit to Austin to focus on legislation affecting the county; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby express appreciation to the people of Van Zandt County for the county's many amenities and its contributions to our state and extend best wishes for a joyous Van Zandt County Day on March 13, 2001; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the Van Zandt County delegation 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 35th Day

GUESTS PRESENTED

Senator Cain was recognized and introduced to the Senate Ray Rucker, Mayor of Grand Saline; Don Hackney, Mayor of Canton; Mary Scott, Mayor of Edom; Pat Barnett, Van Zandt County Sheriff; and Jeff Fisher, Van Zandt County Judge; accompanied by a delegation of citizens and other officials from Van Zandt County.

The Senate welcomed its guests.

SENATE RESOLUTION 422

Senator Ogden offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize Peggy and Charles S. Pearce, Jr., of Corsicana for their extreme generosity in donating the Pearce Civil War Collection to Navarro College; and

WHEREAS, Mr. and Mrs. Pearce's gift of more than 3,000 significant letters, signatures, diaries, journals, photographs, and other memorabilia from the Civil War era is indeed a prize that will be cherished by students and faculty members at Navarro College and by historians; and

WHEREAS, It was 1991 when Charles purchased as a gift for Peggy the collection's first item, a letter written by Joshua Lawrence Chamberlain to his wife, Fanny, from the battlefield at Antietam; and

WHEREAS, Over 10 years, Mr. and Mrs. Pearce continued to nurture their enthusiasm for this pivotal period in United States history, amassing scores of precious Civil War artifacts; the collection stands today widely respected for the depth and balance of its coverage and for its extraordinary content; and

WHEREAS, The Pearce Civil War Collection at Navarro College features letters by numerous Civil War era personages, including Abraham Lincoln, Ulysses S. Grant, and Robert E. Lee; additionally, documents written by common soldiers reveal the realities of combat and the suffering of the men and women of the period; and

WHEREAS, Born to families in New York and Wisconsin respectively, Peggy and Charles are both graduates of Cornell University; they moved to Texas in the 1950s to reside in Kerens on a ranch that had been in Charles's family for three generations; and

WHEREAS, The Pearce Civil War Collection is a precious resource that Navarro College will proudly share with students and scholars throughout the nation and world; through this gift, Peggy and Charles Pearce have manifested the great love and respect they harbor for their adopted state, and Texas and Navarro College are deeply honored by the generosity of this distinguished couple; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby extend its utmost gratitude to Peggy and Charles S. Pearce, Jr., for their generous contribution to Navarro College; and, be it further

RESOLVED, That a copy of this Resolution be prepared for Mr. and Mrs. Pearce as an expression of the deep esteem and appreciation of the Texas Senate.

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

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate Charles S. Pearce, Jr., and his wife, Peggy, of Corsicana.

The Senate welcomed Mr. and Mrs. Pearce.

Tuesday, March 13, 2001

SENATE JOURNAL

SENATE RESOLUTION 393

Senator Moncrief offered the following resolution:

WHEREAS, The Texas Senate is proud to welcome those members of the Parent Association for the Retarded of Texas (PART), Inc., who are visiting the State Capitol on this day; and

WHEREAS, PART is an association of parents, guardians, relatives, and friends of persons with mental retardation, and these volunteers are dedicated to preserving, improving, and expanding services to assure uniform standards of care and treatment for the mentally retarded in the Lone Star State; and

WHEREAS, This truly humanitarian organization espouses continued operation and improvements in the state schools and state centers for the mentally retarded, in addition to increasing understanding among the public of all issues affecting persons with mental retardation through the gathering and distribution of information; and

WHEREAS, By working with the Texas Department of Mental Health and Mental Retardation and other government agencies, PART strives to improve the system of care in Texas while promoting research that may potentially lead to the prevention of mental retardation in many cases; and

WHEREAS, PART also supports the Volunteer Services Councils, whose members have contributed countless hours and financial assistance through the years as well as the devoted staffs of the state schools and the state centers, acting as an advocate on their behalf for increased wages, benefits, and recognition so that qualified and dedicated workers will continue to be attracted to employment in this field; and

WHEREAS, The efforts of PART to improve the quality of care and services available to the mentally retarded in Texas are truly commendable, and for its many years of service as a diligent champion of the needs and rights of these citizens, it is most fitting that we acknowledge this distinguished organization at this time; now, therefore, be it

RESOLVED, That the Senate of the 77th Texas Legislature hereby recognize March 13, 2001, as Parent Association for the Retarded of Texas Day at the State Capitol and welcome the members of its visiting delegation; and, be it further

RESOLVED, That an official copy of this resolution be prepared for the Parent Association for the Retarded of Texas, Inc., as an expression of high regard by the Texas Senate.

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

GUESTS PRESENTED

Senator Moncrief was recognized and introduced to the Senate members of the Parent Association for the Retarded of Texas (PART), Incorporated.

The Senate welcomed its guests.

PHYSICIAN OF THE DAY

Senator Armbrister was recognized and presented Dr. Barbara Connor of Hallettsville as the Physician of the Day.

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

77th Legislature — Regular Session 35th Day

GUESTS PRESENTED

Senator Duncan was recognized and introduced to the Senate members of Boy Scout Troop 406 of Lubbock and their Scoutmaster James C. Arnold.

The Senate welcomed its guests.

(Senator Brown in Chair)

SENATE RESOLUTION 421

Senator Ogden offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to designate March 13, 2001, as Corsicana/Navarro County Day at the State Capitol; and

WHEREAS, Situated in North Central Texas, Navarro County is comprised of more than 1,000 square miles of prairie and woodland and is blessed with an abundance of natural resources; the county, which was once predominated by the Kickapoo and Comanche tribes, was established in 1846 and named for the Republic of Texas leader, Jose Antonio Navarro; and

WHEREAS, Founded in the mid-1800s, Corsicana, the county seat of Navarro, took its name from the Mediterranean island of Corsica, the birthplace of Jose Antonio Navarro; and

WHEREAS, Soon after its founding, the county became an agricultural center, specializing in the growth of cotton, tobacco, and produce crops; in 1894, citizens struck Texas crude, which quickly became the area's primary export; and

WHEREAS, Residents of Navarro County are proud of their region's rich history and diverse cultural heritage, celebrated in the town's Pioneer Village, its acclaimed Pearce Collection of Civil War Documents, its 44,000-piece Native American art collection, and its impressive Arts, Science and Technology Center; and

WHEREAS, Navarro County offers its inhabitants a wealth of natural beauty in which to delight; the region is widely known as a sportsman's paradise, and its Richland Chambers Lake and Navarro Mills Lake attract fishing and boating enthusiasts; and

WHEREAS, Residents of Navarro County and Corsicana also delight in their area's many gastronomic delights; Russell Stover Candies located an 800-person manufacturing facility in the area, an enterprise welcomed by area sweet tooths; the county's other culinary claim to fame is the Corsicana fruitcake; a product of the Collin Street Bakery, it is the only fruitcake to have been honored with the Culinary Merit Award by the Gourmet Society of New York; and

WHEREAS, A thriving local economy enriches citizens of Corsicana and Navarro County; in particular, Corsicana is a leading energy producer, a major hub for retail and wholesale trade for agricultural products, and a center for health care services; and

WHEREAS, Citizens of Corsicana and Navarro County are a spirited, industrious, and resilient people who possess an abundance of civic pride; it is indeed a pleasure and a privilege for the Texas Senate to honor the citizens of Navarro County and Corsicana when they visit the Capitol to celebrate the many unique and valuable contributions that their city and county have made to Texas; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby recognize March 13, 2001, as Corsicana/Navarro County Day at the Capitol and

Tuesday, March 13, 2001

SENATE JOURNAL

extend best wishes to citizens of this great city and county for a most joyous event; and, be it further

RESOLVED, That a copy of this Resolution be prepared in honor of Coriscana and Navarro County as a memento of this special day.

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

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate a delegation of citizens from Navarro County.

The Senate welcomed its guests.

SENATE RESOLUTION 442

Senator Haywood offered the following resolution:

WHEREAS, On March 13, 2001, many proud residents of Gainesville will gather in Austin to celebrate Gainesville Appreciation Day at the State Capitol; and

WHEREAS, Established in 1850 and named for Texas patriot Edmund Pendleton Gaines, the city enjoys a long and distinguished history; after the Civil War, massive cattle drives, oil, and cotton helped to spur growth and bring prosperity to the area, and Gainesville now has a multifaceted economy that revolves around agribusiness, aircraft and steel fabrication plants, manufacturing, and tourism; and

WHEREAS, This charming city serves as the county seat of Cooke County and has many noteworthy attractions, including the 25-acre Frank Buck Zoo, which charges no admission and annually draws more than 110,000 people; moreover, the zoo holds the distinction of being one of the oldest in our state and is named for Gainesville native Frank Buck, Jr., who is considered the father of America's modern zoos; and

WHEREAS, Gainesville also features a large historic district that is replete with brick-paved streets and Victorian-style homes dating to the 19th century; in addition, the city is home to the Kinne's Jewelers Museum, Morton Museum of Cooke County, Texas Travel Information Center, and Amtrak's Heartland Flyer, as well as respected institutions of higher learning such as Cooke County Junior College and North Central Texas College; and

WHEREAS, Located 67 miles north of Dallas, Gainesville offers its residents a splendid combination of small-town virtues and access to big-city life, and the city's proximity to several bodies of water and recreation facilities makes it a prime destination for outdoor and water enthusiasts; and

WHEREAS, With its innate charm, unspoiled beauty, and rich heritage and culture, Gainesville remains one of the Lone Star State's great assets; it truly is an outstanding place in which to live, work, and raise a family, and it is most appropriate to pay tribute to the city and its residents at this time; now, therefore, be it

RESOLVED, That the Senate of the 77th Texas Legislature hereby recognize March 13, 2001, as Gainesville Appreciation Day at the State Capitol and extend its citizens sincere best wishes for success and happiness in their future endeavors.

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

77th Legislature — Regular Session 35th Day

GUESTS PRESENTED

Senator Haywood was recognized and introduced to the Senate a delegation of citizens from Cooke County.

The Senate welcomed its guests.

SENATE RESOLUTION 429

Senator West offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to extend a cordial welcome to the members of the Hispanic Women's Network of Texas who are visiting the State Capitol; and

WHEREAS, Founded in 1987, the statewide organization is a voluntary advocacy group that strives to provide a leadership forum for Hispanic women from all socio-economic backgrounds; and

WHEREAS, The group's mission is to enhance the growth, visibility, and future of Hispanic women and to assist them in their pursuit of social, economic, and political gains; and

WHEREAS, The Hispanic Women's Network of Texas members are dedicated and talented women whose strength of character and perseverance have enabled the organization to flourish; there are now chapters in Dallas, Fort Worth, Austin, Corpus Christi, El Paso, San Antonio, and the Rio Grande Valley; and

WHEREAS, A highly successful and inspirational group, the Hispanic Women's Network of Texas has helped to reshape the role of Hispanic women by providing them with the knowledge, skills, and courage to pursue new opportunities; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the exceptional accomplishments of the Hispanic Women's Network of Texas and extend best wishes to them for a most rewarding visit to the Capitol; and, be it further

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

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

(President in Chair)

GUESTS PRESENTED

Senator West was recognized and introduced to the Senate members of the Hispanic Women's Network of Texas.

The Senate welcomed its guests.

SENATE RESOLUTION 430

Senator West offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize the members of the Dr. Emmett J. Conrad Student Advisory Committee on the occasion of their visit to the State Capitol on Tuesday, March 13, 2001; and

Tuesday, March 13, 2001

SENATE JOURNAL

WHEREAS, Sponsored by Senator Royce West, the Student Advisory Committee includes young people from the Dallas, Duncanville, Grand Prairie, Lancaster, DeSoto, and Wilmer-Hutchins school districts; the committee is comprised of junior high school and high school students who are leaders of student council and student class governments; and

WHEREAS, The Student Advisory Committee was established in the spring of 1996 for the purpose of helping students to build leadership skills and to meet with leaders across the state; it was also established with the goal of helping students discover how they can participate in community volunteerism and the means through which they can voice their perspective on legislative issues; and

WHEREAS, Over the last five years, the Student Advisory Committee has accomplished a great deal in the Dallas community; the students have visited nursing homes throughout the district and have worked hard on behalf of the Children's Hope Foundation, collecting more than 500 clothing items for homeless children; and

WHEREAS, They have participated in toy, blanket, and voters' registration drives and have provided testimony at the Senate Interim Committee on Juvenile Justice and Gangs hearing in Dallas; and

WHEREAS, The students toured the Dallas Life Foundation, a homeless shelter, and the Family Gateway, a shelter that provides emergency and transitional housing for homeless families; they have volunteered at the Bluitt-Flowers Halloween Carnival, have held annual receptions for elected officials, and have donated more than 200 blankets and pillows to Promise House; and

WHEREAS, The Student Advisory Committee is a valuable asset to District 23, and the work of its members is encouraging and fostering volunteerism in the community and setting exemplary standards for people of all ages to follow; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the members of the Dr. Emmett J. Conrad Student Advisory Committee on their dedication and their many accomplishments and extend to them best wishes for the future; and, be it further

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

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

GUESTS PRESENTED

Senator West was recognized and introduced to the Senate members of the Dr. Emmett J. Conrad Student Advisory Committee.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Gallegos was recognized and introduced to the Senate students from the University of Houston, accompanied by their professor.

The Senate welcomed its guests.

SENATE BILL 512 REREFERRED

Senator Duncan submitted a Motion In Writing requesting that SB 512 be withdrawn from the Committee on Education and rereferred to the Committee on Finance.

The Motion In Writing prevailed without objection.

77th Legislature — Regular Session 35th Day

SENATE JOINT RESOLUTION 20 REREFERRED

Senator Duncan submitted a Motion In Writing requesting that SJR 20 be withdrawn from the Committee on Education and rereferred to the Committee on Finance.

The Motion In Writing prevailed without objection.

GUESTS PRESENTED

Senator Nelson, joined by Senator Shapiro, was recognized and introduced to the Senate members of Leadership Irving.

The Senate welcomed its guests.

REPORT OF COMMITTEE ON NOMINATIONS

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

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

Members, North Texas Tollway Authority Board of Directors: Donald D. Dillard, Collin County; Marilyn Kay Walls, Johnson County.

Members, Texas State Board of Examiners of Dietitians: Ralph McGahagin, Travis County; Richard Abram Roman, El Paso County; Eugene E. Wisakowsky, Ellis County.

Members, Statewide Health Coordinating Council: Joan Wood Biggerstaff, Collin County; James A. Endicott, Jr., Bell County; Susan M. Scott-Galindo, Brazos County.

Member, Texas Alcoholic Beverage Commission: Gail Madden, Dallas County.

Member, Public Safety Commission: James B. Francis, Jr., Dallas County.

Members, State Commission on Judicial Conduct: Marvin W. "Wayne" Brittingham, Tarrant County; Wallace B. Jefferson, Bexar County; Kathleen H. Olivares, El Paso County.

Members, Texas Judicial Council: Willie Jean Birmingham, Harrison County; Delia Martinez Carian, Bexar County; Jose Luis Lopez, Zavala County; Ann Manning, Lubbock County.

Member, Judicial Districts Board: Joseph W. Wolfe, Collin County.

Chief Administrative Law Judge, State Office of Administrative Hearings: Shelia Bailey Taylor, Travis County.

Secretary of State: Henry Cuellar, Webb County.

Members, Texas State Board of Pharmacy: Roger W. Anderson, Harris County; Rosemary Forester Combs, El Paso County; Oren M. Peacock, Jr., R.Ph., Dallas County.

Tuesday, March 13, 2001

SENATE JOURNAL

NOTICE OF CONSIDERATION OF NOMINATIONS

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

CONCLUSION OF MORNING CALL

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

COMMITTEE SUBSTITUTE

SENATE BILL 22 ON SECOND READING

On motion of Senator Shapiro and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

CSSB 22, Relating to the admission of minors to facilities for and to the consent of minors to the treatment and rehabilitation of chemical dependency.

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

COMMITTEE SUBSTITUTE

SENATE BILL 22 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 22 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 629 ON SECOND READING

On motion of Senator Staples and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

SB 629, Relating to authorizing the attorney general to administer oaths.

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

77th Legislature — Regular Session 35th Day

SENATE BILL 629 ON THIRD READING

Senator Staples moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 629 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 179 ON SECOND READING

On motion of Senator Fraser and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

CSSB 179, Relating to exempting members of the armed forces from the Texas Academic Skills Program.

The bill was read second time.

Senator Fraser offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 179 by striking all below the enacting clause and substituting the following:

SECTION 1. Section 51.306(r), Education Code, is amended to read as follows:

(r) This section does not apply to:

(1) a student who accumulated three or more college-level semester credit hours prior to the 1989 fall semester;

(2) a student located outside this state who enrolls in a course offered outside this state by an institution of higher education;

(3) a deaf student;

(4) a student who has graduated with a baccalaureate degree from an institution of higher education, an accredited private or independent institution of higher education, or an accredited out-of-state institution of higher education;

(5) a student enrolled in a certificate program at a community or technical college of one year or less; or

(6) a student who is [a citizen of a country other than the United States and is ] not seeking a degree or certificate and who:

(A) is a citizen of a country other than the United States; or

(B) is serving on active duty as a member of the United States armed forces.

Tuesday, March 13, 2001

SENATE JOURNAL

SECTION 2. Section 51.3061(g), Education Code, is amended to read as follows:

(g) This section does not apply to a student who:

(1) is enrolled in a certificate program of one year or less; or

(2) is serving on active duty as a member of the United States armed forces and is not seeking a degree or certificate.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2001.

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

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

CSSB 179 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 179 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 CSSB 179 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

March 13, 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:

77th Legislature — Regular Session 35th Day

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

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

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

SENATE BILL 399 ON THIRD READING

Senator Duncan asked unanimous consent to suspend the regular order of business to take up for consideration at this time on its third reading and final passage:

SB 399, Relating to the operation of a vehicle with a child in an open bed of the vehicle or in the open bed of a trailer being towed by the vehicle.

There was objection.

Senator Duncan then moved to suspend the regular order of business and take up SB 399 for consideration at this time.

The motion prevailed by the following vote: Yeas 22, Nays 7, Present-not voting 1.

Yeas: Armbrister, Bernsen, Brown, Cain, Carona, Duncan, Ellis, Fraser, Harris, Haywood, Lindsay, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Truan, Van de Putte, Wentworth, West, Zaffirini.

Nays: Barrientos, Bivins, Gallegos, Jackson, Sibley, Staples, Whitmire.

Present-not voting: Mr. President.

Absent: Lucio.

The bill was read third time.

Senator Jackson offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 399 in SECTION 1, by striking Subsection (c), Section 545.414, Transportation Code (committee printing page 1, lines 20-29) and substituting the following:

(c) It is a defense to prosecution under this section that the person was:

(1) operating or towing the vehicle in a parade or in an emergency;

(2) operating the vehicle to transport farmworkers from one field to another field on a farm-to-market road, ranch-to-market road, or county road outside a municipality;

(3) operating the vehicle on a beach;

(4) operating a vehicle that is the only vehicle owned or operated by members of a household; or

(5) pulling a flatbed trailer with a farm tractor.

The amendment was read.

Senator Duncan moved to table Floor Amendment No. 1.

Tuesday, March 13, 2001

SENATE JOURNAL

On motion of Senator Duncan and by unanimous consent, the motion to table was withdrawn.

Question recurring on the adoption of Floor Amendment No. 1, the amendment failed of adoption by the following vote: Yeas 16, Nays 13, Present-not voting 1. (Not receiving two-thirds vote of Members present)

Yeas: Barrientos, Bernsen, Cain, Carona, Fraser, Gallegos, Jackson, Lindsay, Madla, Nelson, Shapleigh, Sibley, Staples, Truan, Van de Putte, Whitmire.

Nays: Armbrister, Bivins, Brown, Duncan, Ellis, Harris, Haywood, Moncrief, Ogden, Shapiro, Wentworth, West, Zaffirini.

Present-not voting: Mr. President.

Absent: Lucio.

SB 399 was finally passed by the following vote: Yeas 22, Nays 7, Present-not voting 1.

Yeas: Armbrister, Bernsen, Brown, Cain, Carona, Duncan, Ellis, Fraser, Harris, Haywood, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Van de Putte, Wentworth, West, Zaffirini.

Nays: Barrientos, Bivins, Gallegos, Jackson, Sibley, Staples, Truan.

Present-not voting: Mr. President.

Absent: Whitmire.

GUESTS PRESENTED

Senator Van de Putte was recognized and introduced to the Senate fourth-grade students from Sarah S. King Elementary School in San Antonio, accompanied by their principal and parents.

The Senate welcomed its guests.

SENATE BILL 827 ON SECOND READING

On motion of Senator Duncan and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

SB 827, Relating to certain anticipation notes for rural economic development.

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

SENATE BILL 827 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 827 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 35th 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.

MOMENT OF SILENCE OBSERVED

Senator Shapiro, joined by Senators Lucio and Nelson, was recognized and requested that the Senate observe a moment of silence in memory of students who died over the weekend in automobile accidents: Theodore Adam "Skip" Cawoski, Jared Garrison, and Jennifer Lowe, all of Plano; and Alejandro Lopez, Fernando Estrada, David R. Aguirre III, Jose Palocios, and Sergio Alberto Gonzalez, all of the Grand Prairie Independent School District.

The Senate then observed a moment of silence.

MOTION TO ADJOURN

On motion of Senator Truan, the Senate at 12:12 p.m. agreed to adjourn, in memory of Theodore Adam "Skip" Cawoski, Jared Garrison, Jennifer Lowe, Alejandro Lopez, Fernando Estrada, David R. Aguirre III, Jose Palocios, and Sergio Alberto Gonzalez, upon completion of the introduction of bills and resolutions on first reading, until 11:00 a.m. tomorrow.

(Senator Madla in Chair)

SENATE BILLS AND RESOLUTIONS ON FIRST READING

The following bills and resolutions, filed on or before Friday, March 9, 2001, were introduced, read first time, and referred to the committees indicated:

SB 321 by Sibley

Relating to the continuation and functions of the Texas Department of Economic Development and the operation, funding, and administration of the smart jobs fund program.

To Committee on Business and Commerce.

SB 1312 by Staples

Relating to commissions for certain retired peace officers and the authority of those officers to carry certain weapons.

To Committee on Criminal Justice.

SB 1313 by Staples

Relating to the creation of the offense of failing to report the commission of a felony.

To Committee on Criminal Justice.

SB 1314 by Staples

Relating to eligibility of school districts for state assistance with payment of existing debt.

To Committee on Education.

Tuesday, March 13, 2001

SENATE JOURNAL

SB 1315 by Staples

Relating to the allocation of revenue from the municipal hotel occupancy tax.

To Committee on Intergovernmental Relations.

SB 1316 by Staples

Relating to the financing of public school facilities.

To Committee on Education.

SB 1318 by Staples

Relating to health spas.

To Committee on Business and Commerce.

SB 1319 by Staples

Relating to forwarding process served upon the secretary of state.

To Committee on State Affairs.

SB 1320 by Staples

Relating to filings made with the secretary of state by business organizations.

To Committee on State Affairs.

SB 1321 by Barrientos

Relating to the investment capital fund.

To Committee on Education.

SB 1322 by West

Relating to the requirement that an ignition interlock device be installed on the vehicle of a person placed on community supervision for certain intoxication offenses.

To Committee on Criminal Justice.

SB 1324 by Brown

Relating to express and implied warranties of a contractor for residential construction.

To Committee on Business and Commerce.

SB 1325 by Armbrister

Relating to clean up legislation concerning sex offenders.

To Committee on Criminal Justice.

SB 1326 by Truan

Relating to the desalination of water.

To Committee on Natural Resources.

SB 1327 by Bivins, West

Relating to improvement of the mathematics skills of public school students.

To Committee on Education.

SB 1328 by Truan

Relating to a school district's entitlement to compensatory education allotments under the school finance system.

To Committee on Education.

SB 1329 by Bivins, Lucio, Nelson

Relating to the regulation of insurance and to requirements regarding motor vehicle insurance; providing penalties.

To Committee on Business and Commerce.

77th Legislature — Regular Session 35th Day

SB 1330 by Brown

Relating to the submetering of apartments, manufactured home rental communities, and other multiple use facilities.

To Committee on Business and Commerce.

SB 1331 by Brown

Relating to water and energy saving performance standards and related labeling requirements for clothes-washing machines.

To Committee on Business and Commerce.

SB 1332 by Brown

Relating to sales tax exemptions to promote water conservation.

To Committee on Finance.

SB 1333 by Brown

Relating to programs and funding methods that promote water conservation among certain state and local entities.

To Committee on Intergovernmental Relations.

SB 1334 by Brown

Relating to the creation of the Railroad Commission voluntary cleanup program.

To Committee on Natural Resources.

SB 1335 by Brown

Relating to certain river authorities and water districts, the codification of Acts creating and regulating the authorities and districts, and the creation of the Texas Water Policy Council to review the authorities and districts.

To Committee on Natural Resources.

SB 1336 by Ogden

Relating to student center complex fees charged at institutions in The Texas A&M University System.

To Committee on Education.

SB 1337 by Ogden

Relating to recreational sports fees charged at institutions in The Texas A&M University System.

To Committee on Education.

SB 1338 by Ogden

Relating to the authority of the Railroad Commission of Texas to regulate oil and gas NORM waste.

To Committee on Natural Resources.

SB 1339 by Ogden

Relating to requiring owners or operators of poultry operations to implement and maintain certified water quality management plans.

To Committee on Natural Resources.

SB 1340 by Ellis

Relating to the creation of a division to study transferring to private contractors certain state agency personal computing equipment and the responsibility for computer services.

To Committee on State Affairs.

Tuesday, March 13, 2001

SENATE JOURNAL

SB 1341 by Barrientos

Relating to reimbursing counties for the cost of holding state parolees in county jails.

To Committee on Finance.

SB 1342 by Carona

Relating to a discount on the premium surcharge for a motor vehicle equipped with a breath alcohol detection device.

To Committee on Business and Commerce.

SB 1343 by Carona

Relating to the private activity bond allocation program.

To Committee on Intergovernmental Relations.

SB 1344 by Barrientos, Zaffirini

Relating to certain municipal firefighters and police officers entitled to additional wages; providing a civil penalty.

To Committee on Intergovernmental Relations.

SB 1345 by Armbrister

Relating to the interception of wire, oral, or electronic communications, to the use of pen registers and trap and trace devices, and to the civil and criminal consequences of improperly engaging in those activities.

To Committee on Criminal Justice.

SB 1346 by Armbrister

Relating to assistance to certain volunteer fire departments and to the imposition of a tax to finance that assistance.

To Committee on Finance.

SB 1347 by Armbrister

Relating to the punishment for assault committed against certain sports officials.

To Committee on Criminal Justice.

SB 1348 by Armbrister

Relating to requiring a court cost impact statement on a bill or resolution that imposes a court cost on a person charged with a criminal offense.

To Committee on Administration.

SB 1349 by Armbrister

Relating to the prosecution and punishment of criminal offenses relating to making certain false statements or reports.

To Committee on Criminal Justice.

SB 1350 by Armbrister

Relating to state agency acquisitions of public safety land mobile two-way radio communications equipment.

To Committee on Criminal Justice.

SB 1351 by Armbrister

Related to the requirements for which a dietary supplement containing ephedrine group alkaloids shall be deemed an adulterated food.

To Committee on Health and Human Services.

77th Legislature — Regular Session 35th Day

SB 1352 by Armbrister

Relating to the size of certain piers in coastal public lands.

To Committee on Natural Resources.

SB 1353 by Armbrister

Relating to the issuance of certain veterans license plates.

To Committee on Veteran Affairs and Military Installations.

SB 1354 by Armbrister

Relating to career and technology education and training.

To Committee on Education.

SB 1355 by Armbrister

Relating to certain personal property that is presumed abandoned.

To Committee on Business and Commerce.

SB 1356 by Armbrister

Relating to the authority of the Texas Transportation Commission to condemn certain protected property.

To Committee on State Affairs.

SB 1357 by Armbrister

Relating to the regulation of the removal of resilient floor-covering material.

To Committee on Business and Commerce.

SB 1358 by Armbrister, Moncrief, Nelson

Relating to the regulation of the practice of public accounting.

To Committee on Business and Commerce.

SB 1359 by Cain

Relating to the operations, powers, and duties of the State Preservation Board.

To Committee on Administration.

SB 1360 by Cain

Relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 76th Legislature to other Acts of that legislature.

To Committee on Administration.

SB 1361 by Cain

Relating to a nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, including conforming amendments, repeals, and penalties.

To Committee on Administration.

SB 1362 by Cain

Relating to the adoption of a nonsubstantive revision of statutes relating to the licensing and regulation of certain professions and business practices, including conforming amendments, repeals, and penalties.

To Committee on Administration.

SB 1363 by Cain

Relating to statutory revision and statutory construction.

To Committee on Administration.

Tuesday, March 13, 2001

SENATE JOURNAL

SB 1364 by Cain

Relating to studies performed by, and information gathered and analyzed by, the legislative council.

To Committee on Administration.

SB 1365 by Van de Putte

Relating to the licensing of certain persons as attorneys and the continuing legal education requirements for those attorneys.

To Committee on Jurisprudence.

SB 1366 by Van de Putte, Bernsen

Relating to preference to Texas bidders for certain state procurements.

To Committee on State Affairs.

SB 1367 by Van de Putte

Relating to the transportation of an unsecured child in a motor vehicle.

To Committee on Criminal Justice.

SB 1368 by Van de Putte

Relating to the application of the sunset review process to certain governmental entities.

To Committee on Health and Human Services.

SB 1369 by Van de Putte

Relating to pro bono community service programs to provide legal services to the public and to participation in those programs for continuing legal education credit.

To Committee on Jurisprudence.

SB 1370 by Van de Putte

Relating to certain pawnbroker requirements.

To Committee on Business and Commerce.

SB 1371 by Brown

Relating to denial of renewal of a driver's license for failure to pay certain fines.

To Committee on Criminal Justice.

SB 1372 by Moncrief

Relating to the safety of bicyclists and pedestrians; providing criminal penalties.

To Committee on Criminal Justice.

SB 1373 by Moncrief

Relating to education and training programs for food service workers.

To Committee on Health and Human Services.

SB 1374 by Moncrief

Relating to imposing liens on aircraft for nonpayment of fuel charges.

To Committee on Business and Commerce.

SB 1375 by Moncrief

Relating to the enforcement of certain health and safety ordinances by municipalities.

To Committee on Intergovernmental Relations.

SB 1376 by Moncrief

Relating to amelioration of convalescent and nursing home violations; waiving the right to an administrative hearing.

To Committee on Health and Human Services.

77th Legislature — Regular Session 35th Day

SB 1377 by Armbrister

Relating to the authority of the comptroller to review the use of money collected as court costs.

To Committee on Finance.

SB 1378 by Armbrister

Relating to criminal and civil fees.

To Committee on Finance.

SB 1379 by Armbrister

Relating to the implementation of a change in law imposing or changing the amount of certain court costs and fees.

To Committee on Finance.

SB 1380 by Armbrister

Relating to the duration of the duty to register as a sex offender for persons convicted of or adjudicated for certain offenses.

To Committee on Criminal Justice.

SB 1381 by Armbrister

Relating to the creation of certain sexual offenses requiring sex offender registration.

To Committee on Criminal Justice.

SB 1382 by Armbrister

Relating to facilities and services available to a person with mental retardation.

To Committee on Health and Human Services.

SB 1383 by Armbrister

Relating to certain procedures used to deal with a criminal defendant suspected of having a mental illness or mental retardation.

To Committee on Criminal Justice.

SB 1384 by Armbrister

Relating to certain procedures used to deal with a criminal defendant suspected of being or determined to be incompetent to stand trial.

To Committee on Criminal Justice.

SB 1385 by Armbrister

Relating to the examination of children under the jurisdiction of the juvenile court for possible mental illness or mental retardation.

To Committee on Criminal Justice.

SB 1386 by Armbrister

Relating to the provision of mental health and mental retardation services.

To Committee on Health and Human Services.

SB 1387 by Armbrister

Relating to the treatment under the public school finance system of declining student enrollment.

To Committee on Education.

SB 1388 by Armbrister

Relating to the treatment under the public school finance system of declining student enrollment, declining property values, and taxes levied on property subject to bankruptcy proceedings or an appeal by a property owner.

To Committee on Education.

Tuesday, March 13, 2001

SENATE JOURNAL

SB 1389 by Armbrister

Relating to the treatment under the public school finance system of declining property values and taxes levied on property subject to bankruptcy proceedings or an appeal by a property owner.

To Committee on Education.

SB 1390 by Brown

Relating to the penalties for operating certain facilities without obtaining a permit under the Texas Clean Air Act.

To Committee on Natural Resources.

SB 1391 by Brown

Relating to the venue for a suit involving a violation of insurance law.

To Committee on Business and Commerce.

SB 1392 by Brown

Relating to a declaration of local disaster.

To Committee on Intergovernmental Relations.

SB 1393 by Bernsen

Relating to the authority of certain counties to impose a hotel occupancy tax and to the rate of the tax.

To Committee on Intergovernmental Relations.

SB 1394 by Fraser, Madla

Relating to the operation of a statewide rural health care system.

To Committee on Health and Human Services.

SB 1395 by Fraser

Relating to the right of an insurance carrier to contest the compensability of an injury in a workers' compensation case.

To Committee on Business and Commerce.

SB 1396 by Fraser

Relating to the requirement that state agencies notify the governor's office of job vacancies.

To Committee on State Affairs.

SB 1397 by Fraser

Relating to determining responsibility for harm and assigning joint and several liability in tort actions.

To Committee on Business and Commerce.

SB 1398 by Fraser

Relating to the authority of the governing body of a municipality to change previously adopted zoning regulations.

To Committee on Intergovernmental Relations.

SB 1399 by Madla

Relating to collateral protection insurance.

To Committee on Business and Commerce.

77th Legislature — Regular Session 35th Day

SB 1400 by Madla

Relating to the statute of limitations for actions arising under certain oil and gas leases.

To Committee on Natural Resources.

SB 1401 by Madla

Relating to the application of the fishing license requirement to a person who is at least 65 years of age.

To Committee on Natural Resources.

SB 1402 by Madla

Relating to permitting certain state parklands passport holders to bring a guest into a park.

To Committee on Natural Resources.

SB 1403 by Madla

Relating to certain bail bond activities.

To Committee on Criminal Justice.

SB 1404 by Madla, Lucio

Relating to the establishment by the Texas Department of Transportation of a highway construction pilot program that includes a limited pavement warranty.

To Committee on State Affairs.

SB 1405 by Madla

Relating to the minimum base salary for certain licensed peace officers.

To Committee on Finance.

SB 1406 by Madla

Relating to conducting a study to determine the need for a commission on Native American affairs.

To Committee on State Affairs.

SB 1407 by Madla

Relating to sale of livestock by a personal representative of a decedent's estate.

To Committee on Jurisprudence.

SB 1408 by Madla

Relating to a program to provide for affordable housing and to certain court costs to fund the program and related job training.

To Committee on Intergovernmental Relations.

SB 1409 by Nelson

Relating to procedures for court-ordered assisted outpatient mental health services.

To Committee on Health and Human Services.

SB 1410 by Brown

Relating to crab traps used in the public water of this state and to removal requirements for abandoned crab traps.

To Committee on Natural Resources.

SB 1411 by Moncrief

Relating to dental services provided under the medical assistance program.

To Committee on Health and Human Services.

Tuesday, March 13, 2001

SENATE JOURNAL

SB 1412 by Lindsay

Relating to the inspection of, and enforcement by certain county attorneys of regulations relating to, nursing homes and intermediate care facilities by certain county attorneys.

To Committee on Health and Human Services.

SB 1413 by Lindsay, Gallegos

Relating to the reimbursement for health care services provided by hospitals who treat and provide medical care to crime victims pursuant to the Crime Victims' Compensation Act.

To Committee on Criminal Justice.

SB 1414 by Lindsay

Relating to the confidentiality of the location or sale price of certain real property sold or purchased by the state.

To Committee on Natural Resources.

SB 1415 by Lindsay

Relating to the issuance of anticipation notes by certain flood control districts and hospital districts in highly populated counties and refunding of anticipation notes.

To Committee on Intergovernmental Relations.

SB 1416 by Lindsay

Relating to high-occupancy vehicle lanes.

To Committee on State Affairs.

SB 1417 by Lindsay

Relating to the compensation of guardians and temporary guardians of the estate.

To Committee on Jurisprudence.

SB 1418 by Lindsay

Relating to the imposition by certain counties of a sales and use tax dedicated to road and bridge maintenance.

To Committee on Finance.

SB 1419 by West

Relating to the statute of limitations in certain civil proceedings involving the state or other governmental entities.

To Committee on Jurisprudence.

SB 1420 by West

Relating to compulsory school attendance; providing penalties.

To Committee on Education.

SB 1421 by West, Ogden

Relating to certain court costs imposed on a person convicted of an offense.

To Committee on Jurisprudence.

SB 1422 by West

Relating to notice of applications for and grants of charters for open-enrollment charter schools.

To Committee on Education.

77th Legislature — Regular Session 35th Day

SB 1423 by Brown

Relating to the sale and assignment of all or a portion of the tobacco settlement revenues.

To Committee on Finance.

SB 1424 by Brown

Relating to certain practices and procedures involving the conduct of early voting by mail.

To Committee on State Affairs.

SB 1425 by Truan

Relating to transferring the Office of Defense Affairs to the office of the governor.

To Committee on Veteran Affairs and Military Installations.

SB 1426 by Truan, Barrientos, Zaffirini, Lucio

Relating to alternative criteria for promotion to certain grade levels in public school.

To Committee on Education.

SB 1427 by Truan

Relating to venue in the prosecution of cases involving the possession or delivery of controlled substances.

To Committee on Criminal Justice.

SB 1428 by Truan, Barrientos, Zaffirini, Lucio

Relating to the requirements for high school graduation.

To Committee on Education.

SB 1429 by West

Relating to establishing at Prairie View A&M University a center for relationship violence prevention and intervention.

To Committee on Education.

SB 1430 by West

Relating to a court order of retroactive child support or for the abeyance of the enforcement of child support arrearages.

To Committee on Jurisprudence.

SB 1431 by West

Relating to educationally disadvantaged students.

To Committee on Education.

SB 1432 by West, Zaffirini, Shapiro

Relating to truancy and the authority of justice and municipal courts in relation to children; providing criminal penalties.

To Committee on Education.

SB 1433 by Ogden

Relating to the jurisdiction of the 85th, 272nd, and 361st District Courts in Brazos County.

To Committee on Jurisprudence.

SB 1434 by Ogden

Relating to the appointment and duties of magistrates for certain courts of Brazos County.

To Committee on Jurisprudence.

Tuesday, March 13, 2001

SENATE JOURNAL

SB 1435 by Ogden

Relating to the board of supervisors and the powers of the Brookshire-Katy Drainage District; providing a civil penalty.

To Committee on Natural Resources.

SB 1436 by West

Relating to an additional fee for filing civil cases in certain Dallas County courts.

To Committee on Jurisprudence.

SB 1437 by Sibley

Relating to the training of dental hygienists.

To Committee on Health and Human Services.

SB 1438 by Sibley

Relating to clarifications in finance law and regulatory authority and efficient administration by the Finance Commission of Texas and the Texas Department of Banking.

To Committee on Business and Commerce.

SB 1439 by Gallegos

Relating to the disposition of the optional county road and bridge fee in certain counties.

To Committee on State Affairs.

SB 1440 by Gallegos

Relating to a limitation on the use of the general fund of certain counties.

To Committee on State Affairs.

SB 1441 by Truan

Relating to diversion by a permit holder of water for wetland enhancement.

To Committee on Natural Resources.

SB 1442 by Truan, Lucio, Zaffirini

Relating to the security provided for revenue bonds issued by the Veterans' Land Board.

To Committee on Veteran Affairs and Military Installations.

SB 1443 by Van de Putte

Relating to the powers and duties of the boards of trustees and superintendents of independent school districts.

To Committee on Education.

SB 1444 by Brown

Relating to the general powers and authority of water districts; providing a penalty.

To Committee on Natural Resources.

SB 1445 by Van de Putte

Relating to the issuance of special license plates for elected county officials.

To Committee on State Affairs.

SB 1446 by Van de Putte

Relating to severance payments to superintendents of independent school districts.

To Committee on Education.

77th Legislature — Regular Session 35th Day

SB 1447 by Shapleigh

Relating to school finance issues involving amounts withheld from special allotments under the Foundation School Program.

To Committee on Education.

SB 1448 by Shapleigh

Relating to eligibility for and allotment under the food stamp program for certain persons.

To Committee on Health and Human Services.

SB 1449 by Haywood

Relating to the execution of bonds and the sale of loans by the Veterans' Land Board.

To Committee on Veteran Affairs and Military Installations.

SB 1450 by Lindsay

Relating to the collection and enforcement of taxes; providing penalties.

To Committee on Finance.

SB 1451 by Lindsay

Relating to the registration of sole proprietorships and certain firms that practice engineering.

To Committee on Business and Commerce.

SB 1452 by Lindsay

Relating to the confidentiality of certain information regarding complaint procedures and hearings of the Texas Ethics Commission.

To Committee on State Affairs.

SB 1453 by Lucio

Relating to the eligibility of certain defendants convicted of felonies for release on bail pending appeal.

To Committee on Criminal Justice.

SB 1454 by Lucio

Relating to the Texas Food for Health Advisory Council.

To Committee on Natural Resources.

SB 1455 by Lucio

Relating to the dissemination of certain information relating to a juvenile.

To Committee on Criminal Justice.

SB 1456 by Lucio, Moncrief, Shapleigh, Bernsen, Zaffirini, Madla, Truan

Relating to the establishment of a Texas Pediatric Diabetes Research Working Group in the Texas Department of Health.

To Committee on Health and Human Services.

SB 1457 by Duncan

Relating to the establishment, duties, and operation of a program management office to facilitate the development of, access to, and utilization of electronic information related to government services, programs, and functions of state agencies and political subdivisions.

To Committee on Administration.

Tuesday, March 13, 2001

SENATE JOURNAL

SB 1458 by Duncan, Shapleigh

Relating to the duties of state agencies and political subdivisions with regard to the development of, access to, and utilization of electronic information related to government services, programs, and functions.

To Committee on State Affairs.

SB 1459 by Wentworth

Relating to the authority of the Bexar County Hospital District to impose a sales and use tax.

To Committee on Intergovernmental Relations.

SB 1460 by Nelson

Relating to state programs for assisting school districts with paying the costs of public school facilities.

To Committee on Education.

SB 1461 by Nelson, Bernsen, Armbrister, Carona, Lucio, Shapiro, Lindsay, Staples, Van de Putte, Zaffirini, Jackson

Relating to state assistance to school districts for new instructional facilities.

To Committee on Education.

SB 1462 by Nelson

Relating to a financial award for certain classroom teachers and to providing scholarships to classroom teachers pursuing additional teacher certification.

To Committee on Education.

SB 1463 by Nelson

Relating to the establishment of a pilot program for grants for innovative public school teacher compensation.

To Committee on Education.

SB 1464 by Nelson

Relating to signature requirements for certain petitions filed in connection with a candidate's application for a place on the ballot.

To Committee on State Affairs.

SB 1465 by Bivins

Relating to the operation, regulation, and administration of public institutions of higher education.

To Committee on Education.

SB 1466 by Bivins

Relating to the tuition and fees that can be charged at certain institutions of higher education.

To Committee on Education.

SB 1467 by Moncrief, Lindsay, Zaffirini

Relating to coverage for tests for the detection of colorectal cancer under certain health benefit plans.

To Committee on Business and Commerce.

77th Legislature — Regular Session 35th Day

SB 1468 by Moncrief

Relating to a memorandum of understanding for services for persons needing multiagency services.

To Committee on State Affairs.

SB 1469 by Moncrief

Relating to creating a pilot treatment program for certain adults on community supervision.

To Committee on Health and Human Services.

SB 1470 by Moncrief

Relating to creating a pilot treatment program for certain juveniles on probation.

To Committee on Health and Human Services.

SB 1471 by Ogden

Relating to the application of the sales tax to certain food served to students at institutions of higher education.

To Committee on Finance.

SB 1472 by Ogden

Relating to the general property deposit paid by a student of a public institution of higher education.

To Committee on Education.

SB 1473 by Ogden

Relating to certain court costs imposed on a person convicted of an offense.

To Committee on Jurisprudence.

SB 1474 by Ogden

Relating to fees collected by a governing body of a municipality for processing certain payments by credit card.

To Committee on Intergovernmental Relations.

SB 1475 by Duncan

Relating to the abolition of the Children's Trust Fund of Texas Council and to the transfer of its powers and duties to the Department of Protective and Regulatory Services.

To Committee on Health and Human Services.

SB 1476 by Duncan

Relating to medical and income benefits, return to work coordination, and regulation of doctors and insurance carriers under the workers' compensation system.

To Committee on Business and Commerce.

SB 1477 by Nelson

Relating to human organ donation education and distribution.

To Committee on Health and Human Services.

SB 1478 by Nelson

Relating to the regulation of certain abusable volatile chemicals.

To Committee on Business and Commerce.

SB 1479 by Madla

Relating to sales tax exemption for certain property used in the repair, remodeling or maintenance of aircraft.

To Committee on Finance.

Tuesday, March 13, 2001

SENATE JOURNAL

SB 1480 by Madla

Relating to the administration of reinvestment zones for tax increment finance and ad valorem tax abatement and to ad valorem tax abatement agreements for property in a reinvestment zone.

To Committee on Intergovernmental Relations.

SB 1481 by Madla

Relating to regulation of alcoholic beverage manufacturers, wholesalers, and retailers.

To Committee on Business and Commerce.

SB 1482 by Madla

Relating to establishing Texas A&M University at San Antonio, including a school of law.

To Committee on Administration.

SB 1483 by Duncan, Madla, Zaffirini

Relating to certain services provided through telemedicine.

To Committee on Health and Human Services.

SB 1484 by Cain

Relating to the authority of chiropractors to form certain professional associations.

To Committee on Health and Human Services.

SB 1485 by Carona, Shapleigh

Relating to the issuance of bonds and state financing for the development of Texas biotechnological and biomedical products and for assistance to small businesses.

To Committee on Business and Commerce.

SB 1486 by Haywood

Relating to establishing a billing procedure to ensure that each state agency is billed for the cost of support services allocated to the agency under the statewide cost allocation plan.

To Committee on Finance.

SB 1487 by Haywood

Relating to the qualifications and compensation of state agency property managers.

To Committee on State Affairs.

SB 1488 by Haywood

Relating to performance expectations and compensation systems for state employees.

To Committee on Finance.

SB 1489 by Shapleigh

Relating to indemnification in construction contracts.

To Committee on Business and Commerce.

SB 1490 by Shapleigh

Relating to the relationship between certain funding elements of the Foundation School Program.

To Committee on Education.

SB 1491 by Shapleigh

Relating to the public inspection of certain information on an early voting roster.

To Committee on State Affairs.

77th Legislature — Regular Session 35th Day

SB 1492 by Shapleigh

Relating to the tax rate for which a school district may receive assistance under the Foundation School Program.

To Committee on Education.

SB 1493 by Shapleigh

Relating to requirements for a financial institution that serves as a depository of public funds.

To Committee on Business and Commerce.

SB 1494 by Brown

Relating to water conservation measures by state agencies and local governments.

To Committee on Natural Resources.

SB 1495 by Wentworth

Relating to mechanic's, contractor's, and materialman's liens.

To Committee on Business and Commerce.

SB 1496 by Barrientos

Relating to the reassignment of the responsibilities of the Child Care Development Board.

To Committee on Health and Human Services.

SB 1497 by Ellis

Relating to the sourcing of state and local taxation of mobile telecommunications services.

To Committee on Finance.

SB 1498 by Harris

Relating to authorizing a recreational facility fee at The University of Texas at Arlington.

To Committee on Education.

SB 1499 by Lucio

Relating to implementation of annual legislative sessions, to allowing for an annual budget, and to political contributions made during a legislative session.

To Committee on State Affairs.

SB 1504 by Lucio

Relating to the regulation of bingo.

To Committee on State Affairs.

SB 1505 by Lucio

Relating to municipal permits and fees for overweight or oversize vehicles and combinations.

To Committee on State Affairs.

SCR 37 by Nelson

Memorializing Congress to provide tax credits to individuals buying private health insurance.

To Committee on Business and Commerce.

SJR 36 by Harris

Proposing a constitutional amendment to repeal the 1997 school property tax relief for homesteads and dedicate the additional tax revenue to fund health care coverage for public school teachers.

To Committee on Education.

Tuesday, March 13, 2001

SENATE JOURNAL

SJR 37 by Lucio, Sibley, Truan, Zaffirini, Shapleigh

Proposing a constitutional amendment authorizing the issuance of obligations to provide financial assistance to counties for roadways to serve colonias.

To Committee on Business and Commerce.

SJR 38 by Truan, Lucio, Zaffirini

Proposing a constitutional amendment authorizing the Veterans' Land Board to use excess assets in certain funds to provide for veterans homes and veterans cemeteries and to issue additional general obligation bonds for veterans' housing assistance.

To Committee on Finance.

SJR 39 by Lucio

Proposing a constitutional amendment providing for annual sessions of the legislature and allowing for an annual state budget.

To Committee on State Affairs.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

SR 451 by Truan, In memory of Jose Luis Rodriguez of Corpus Christi.

SR 452 by Zaffirini, In memory of Senator Wayne Connally.

SR 455 by Ellis, In memory of Olen Phillips, Jr., of Houston.

Congratulatory Resolution

SR 454 by Shapleigh, Congratulating Richard Powell of El Paso.

ADJOURNMENT

Pursuant to a previously adopted motion, the Senate at 12:40 p.m. adjourned, in memory of Theodore Adam "Skip" Cawoski, Jared Garrison, Jennifer Lowe, Alejandro Lopez, Fernando Estrada, David R. Aguirre III, Jose Palocios, and Sergio Alberto Gonzalez, until 11:00 a.m. tomorrow.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

March 13, 2001

JURISPRUDENCE — SB 303, SB 1035, SB 1022, SB 625, SB 783, SB 591, SB 551, CSSB 626