Thursday, March 22, 2001

SENATE JOURNAL

FORTY-FIRST DAY

Thursday, March 22, 2001

PROCEEDINGS

The Senate met at 11:00 a.m. pursuant to adjournment and was called to order by the President.

The roll was called and the following Senators were present: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Haywood, Jackson, Lindsay, Lucio, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Zaffirini, Mr. President.

Absent-excused: Harris, Madla, Whitmire.

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

The Reverend David J. Mossbarger, Grace Episcopal Church, Llano, offered the invocation as follows:

Almighty God, among these state Senators, whom we Texans have empowered, we acknowledge our weakness without You. Defend Texas against evil which hurts our souls. Guide these Senators, so that the laws they enact might hasten Your rule and Your glory. Our various faiths proclaim Your love of freedom and community for all. Help these women and men articulate a vision of celebration, communication, empowerment, just relationships, and service. Thank You for their example, both of abandoning being spectators or subjects and adopting the life of a true citizen. Thank You for them and their staffs, and especially Troy Fraser and his staff. May we thank You in all things. Amen.

On motion of Senator Brown and by unanimous consent, the reading of the Journal of the proceedings of yesterday was dispensed with and the Journal was approved.

LEAVES OF ABSENCE

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

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

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

77th Legislature — Regular Session 41st Day

CO-AUTHOR OF SENATE BILL 373

On motion of Senator Moncrief and by unanimous consent, Senator Carona will be shown as Co-author of SB 373.

CO-AUTHOR OF SENATE BILL 374

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

CO-AUTHOR OF SENATE BILL 375

On motion of Senator Zaffirini and by unanimous consent, Senator Carona will be shown as Co-author of SB 375.

CO-AUTHORS OF SENATE BILL 885

On motion of Senator Lucio and by unanimous consent, Senators Moncrief and Zaffirini will be shown as Co-authors of SB 885.

CO-AUTHOR OF SENATE BILL 894

On motion of Senator Moncrief and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 894.

CO-AUTHOR OF SENATE BILL 895

On motion of Senator Moncrief and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 895.

CO-AUTHOR OF SENATE BILL 944

On motion of Senator Van de Putte and by unanimous consent, Senator Truan will be shown as Co-author of SB 944.

CO-AUTHOR OF SENATE BILL 1456

On motion of Senator Lucio and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 1456.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

March 22, 2001

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

I am directed by the House to inform the Senate that the House has taken the following action:

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HB 5, Relating to the deterrence of conduct involving the operation of a motor vehicle while under the influence of an alcoholic beverage; providing a penalty.

Thursday, March 22, 2001

SENATE JOURNAL

HB 757, Relating to the establishment of a task force to eliminate health and health access disparities in Texas.

HB 958, Relating to the annexation of county roads.

HB 1086, Relating to a grant program to provide surplus agricultural products to organizations that serve needy or low-income individuals.

HB 1110, Relating to the North Harris County Regional Water Authority.

HB 1264, Relating to an exception to the presumption that all appropriate persons have given consent to a municipal annexation.

HB 1402, Relating to authorizing the School Land Board to approve the release of the state's interest in land in certain circumstances.

HB 1632, Relating to certain requirements in connection with suits for the termination of the parent-child relationship and the adoption of children.

HB 1683, Relating to the powers of certain transportation authorities and to the exercise of those powers.

HCR 77, Memorializing congress to revise certain provisions of Public Law 106-230.

HCR 88, Requesting the International Boundary and Water Commission to assure that Mexico meet its delivery obligations under the 1944 treaty governing the sharing of waters from the Rio Grande/Rio Bravo basin.

HJR 1, Proposing a constitutional amendment providing for a four-year term of office for the fire fighters' pension commissioner.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

RESOLUTIONS SIGNED

The President announced the signing of the following enrolled resolutions in the presence of the Senate: HCR 178, HCR 194, HCR 220.

SENATE BILLS ON FIRST READING

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

SB 1772 by Bernsen

Relating to the operation of the East Montgomery County Improvement District. (Local bill)

To Committee on Intergovernmental Relations.

SB 1773 by Bernsen

Relating to the creation of the Port Bolivar Improvement District; providing authority to impose a tax and issue bonds. (Local bill)

To Committee on Intergovernmental Relations.

77th Legislature — Regular Session 41st Day

HOUSE BILLS AND RESOLUTIONS ON FIRST READING

The following bills and resolutions received from the House were read first time and referred to the committees indicated:

HB 42 to Committee on Education.

HB 251 to Committee on Business and Commerce.

HB 445 to Committee on Intergovernmental Relations.

HB 753 to Committee on Education.

HB 780 to Committee on Criminal Justice.

HB 822 to Committee on Jurisprudence.

HB 924 to Committee on Natural Resources.

HB 987 to Committee on Natural Resources.

HB 1166 to Committee on Business and Commerce.

HB 1265 to Committee on Intergovernmental Relations.

HJR 47 to Committee on State Affairs.

HJR 53 to Committee on Natural Resources.

PHYSICIAN OF THE DAY

Senator Brown was recognized and presented Dr. John Sieler of Houston as the Physician of the Day.

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

MESSAGE FROM THE GOVERNOR

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

Austin, Texas

March 22, 2001

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

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

TO BE A MEMBER OF THE TEXAS TURNPIKE AUTHORITY DIVISION OF TEXAS DEPARTMENT OF TRANSPORTATION for a term to expire February 15, 2007:

Esperanza Hope Andrade

15615 Thrush Gate

San Antonio, Texas 78248

(Ms. Andrade will be replacing Mary Q. Kelly of San Antonio whose term expired)

Respectfully submitted,

/s/Rick Perry

Governor

Thursday, March 22, 2001

SENATE JOURNAL

SENATE RESOLUTION 533

Senator Sibley offered the following resolution:

WHEREAS, The Senate of the State of Texas joins the residents of Hamilton County in declaring Thursday, March 22, 2001, as Hamilton County Day at the Capitol; and

WHEREAS, A county of rural charm and natural beauty, Hamilton County is located in Central Texas and was created in 1842; the county was named for a South Carolinian, Governor James Hamilton, who became an advocate of our state during the Texas Revolution; the county was reorganized in 1858 from Bosque, Comanche, and Lampasas counties; and

WHEREAS, Hamilton County's colorful history includes such characters as teacher Ann Whitney and outlaw Billy the Kid; a brave pioneer, Ann Whitney lost her life in an Indian raid while protecting her students, and Billy the Kid lived out his life peacefully in Hamilton County; and

WHEREAS, An exemplary Hamilton County citizen from the early days was Haskell Harelik; he was a Russian Jew who arrived in the county in 1910 selling bananas from a cart and later became one of the areas leading entrepreneurs; and

WHEREAS, Today, young people arrive in Hamilton County seeking simpler lives; "immigrants" vary from talented artists and writers to young medical practitioners and entrepreneurs who are setting their goals for the 21st Century; and

WHEREAS, Hamilton County consists of picturesque towns and rolling hills broken by scenic valleys; Hamilton, the county seat, is known for its antique shops and historical homes and has been recognized for its business initiatives in bringing rural Central Texas to the cutting edge of technology; both of the county's major communities, Hico and Hamilton, have formed economic development corporations to promote better opportunities and a high quality of life for their residents; and

WHEREAS, Citizens of Hamilton County have preserved the natural beauty of their land while keeping pace with modern technology, making Hamilton County an unusually pleasing place to live or visit; now, therefore, be it

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

RESOLVED, That a copy of this Resolution be prepared for Hamilton County as a token of regard from the Texas Senate.

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

GUESTS PRESENTED

Senator Sibley was recognized and introduced to the Senate a delegation of citizens from Hamilton County, accompanied by Hamilton Mayor Ray Sparks, county commissioners Jim Boatwright and Mike Lewis, Hico High School student Shane Schouten, and Hometown Computing representative Larry Anglin.

The Senate welcomed its guests.

77th Legislature — Regular Session 41st Day

SENATE RESOLUTION 521

Senator Shapiro offered the following resolution:

WHEREAS, The Senate of the State of Texas proudly pays tribute to the members of the Texas Federation of Republican Women for their exceptional efforts on behalf of the candidates of the Republican Party; and

WHEREAS, The members of the Texas Federation of Republican Women have provided a political education forum for women and have volunteered countless hours to the campaigns of Republican Party candidates; and

WHEREAS, The dedication, hard work, and perseverance of these remarkable women helped ensure the election of their candidates to city, county, state, and national offices; and

WHEREAS, Their outstanding accomplishments have increased the political awareness and effectiveness of thousands of women by persuading them that their participation in the political process is important and makes a difference; and

WHEREAS, In 1999, Governor George W. Bush paid a glowing tribute to the women of the federation when he stated, "You are a tremendous source of strength for our party. The growth of the Republican Party in Texas has been done, in large measure, to your hard work, dedication, and leadership. I wouldn't be Governor without your hard work."; and

WHEREAS, Organized 19 years after the formation of the National Federation of Republican Women in 1938, the Texas Federation of Republican Women is widely recognized as one of the largest women's political organizations in Texas; and

WHEREAS, Under the able guidance of its leaders, the Texas Federation of Republican Women will continue to assure a leadership role for women in the Republican Party; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby recognize the members of the Texas Federation of Republican Women and commend them for their outstanding accomplishments; and, be it further

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

SHAPIRO

NELSON

The resolution was read.

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

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

GUESTS PRESENTED

Senator Shapiro, joined by Senator Nelson, was recognized and introduced to the Senate representatives of the Texas Federation of Republican Women, accompanied by Jan Kennady, President; Teresa Spears and Jeanne Musselman, Treasurers; Dianne Thompson, former President; and Marina Miller, President of the National Federation of Republican Women.

The Senate welcomed its guests.

Thursday, March 22, 2001

SENATE JOURNAL

SENATE BILL 1767 REREFERRED

Senator Carona submitted a Motion In Writing requesting that SB 1767 be withdrawn from the Committee on Jurisprudence and rereferred to the Committee on Health and Human Services.

The Motion In Writing prevailed without objection.

GUESTS PRESENTED

Senator Brown was recognized and introduced to the Senate Canadian Ambassador to the United States Michael Kergin and Canadian Consul General in Dallas Allan Poole.

The Senate welcomed its guests.

(Senator Truan in Chair)

SENATE RESOLUTION 493

Senator Haywood offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize the citizens of Wichita Falls on the joyous occasion of Wichita Falls Day at the Capitol, March 22, 2001; and

WHEREAS, The City of Wichita Falls is located in Northwest Texas, which is known for its cattle ranches, oil wells, and gently rolling terrain; the city was named for the Wichita Indians who lived near waterfalls on what is now the Wichita River; and

WHEREAS, Today, the Wichita Falls Waterfall is a re-creation of the original falls that were washed away in a flood in 1886; the falls, several area lakes, including Lake Arrowhead, and a number of museums and art centers make Wichita Falls an ideal spot for tourists; and

WHEREAS, Wichita Falls became one of our state's agricultural and trade centers in 1882 when the Fort Worth and Denver Railroad brought the first train to the area; the city also became the headquarters for petroleum production, service, and manufacturing in North Texas during the oil boom of the early 1900s; and

WHEREAS, The county seat of Wichita County, Wichita Falls is home to Sheppard Air Force Base, one of the largest of five technical training centers in the United States and host to the only NATO pilot training program in the world; it is also home to Midwestern State University and 38 parks that offer a wide variety of outdoor recreational activities; and

WHEREAS, The residents of Wichita Falls are hardworking, generous, and hospitable, and they have united successfully to preserve the beauty and charm of their city; and

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

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby pay tribute to the citizens of Wichita Falls and extend best wishes to them for a successful and celebratory Wichita Falls Day; and, be it further

RESOLVED, That a copy of this Resolution be prepared for them 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 41st Day

GUESTS PRESENTED

Senator Haywood was recognized and introduced to the Senate Wichita Falls Mayor Jerry Lueck; Wichita County Judge Woody Gossom; Dr. Steve Thomas, President, Vernon Regional Junior College; Leo Lane, Chairman, Wichita Falls Board of Commerce and Industry; and Dr. Henry Moon, President, Midwestern State University.

The Senate welcomed its guests.

(President in Chair)

SENATE RESOLUTION 553

Senator Wentworth offered the following resolution:

WHEREAS, Rotary International, the world's first service club, builds goodwill and peace, engages in humanitarian service, and encourages high ethical standards in all vocations; and

WHEREAS, Founded in Chicago in 1905 as a means of re-creating the friendly cooperation of small-town businesspeople, Rotary is now composed of some 1.2 million men and women working in more than 29,000 Rotary Clubs in 160 countries, all pledged to the motto "Service Above Self"; and

WHEREAS, The Rotary International World Convention is being held in San Antonio June 23-27, 2001, and is expected to draw 25,000 Rotarians from throughout the world; this occasion provides an especially opportune time for Texas members to invite their sister-city Rotary Clubs and all other international Rotarian friends to visit their communities and the many historic and scenic sites and other tourist attractions of the Lone Star State; and

WHEREAS, This is also a fitting time to recognize Frank J. Devlyn of Mexico City, president of Rotary International; Irving J. "Sonny" Brown of El Paso, vice chairman of the Rotary Foundation; and Jim Berg and Dr. Duncan Wimpress of San Antonio, chairman and vice chairman, respectively, of the Rotary International 2001 Convention Host Committee; and

WHEREAS, Texas Rotarians play a significant role in their communities, promoting cultural understanding, business development, and numerous activities for families and youth, including an extensive student-exchange program; special tribute is due these individuals and the following Rotary governors of Texas: Randall Gleason, District 5520; R. C. Paulette, District 5730; David Stubbeman, District 5790; Linus Wright, District 5810; Bill Rains, District 5830; John Holcomb, District 5840; Patsy Derr, District 5870; Charles Clemmons, District 5890; John Germany, District 5910; and Billy Settles, District 5930; and

WHEREAS, Rotarians in Texas and around the world enrich their communities in myriad ways, and Rotary International merits the support of all Texans and of this body; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby honor all members of the Rotary Clubs of Texas for their exemplary public service and extend to them sincere best wishes for good fortune in their worthy endeavors.

The resolution was read.

Thursday, March 22, 2001

SENATE JOURNAL

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

GUESTS PRESENTED

Senator Wentworth was recognized and introduced to the Senate the following Rotarians:  R. C. and Irene Paulette of Odessa, David and Sue Stubbeman of Abilene, William L. "Bill" Rains of Clarksville, John L. Holcomb of San Antonio, Patsy Long Derr of Killeen, Charles E. and Barbara Clemmons of Houston (Seabrook), John R. Germany of Conroe, C. W. "Billy" and Jo Anne Settles of Victoria, Sonny and Anne Brown of El Paso, and Jim Berg of San Antonio.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Jackson was recognized and introduced to the Senate fourth- and fifth-grade students from Saint Barnabas Episcopal Day School in Houston, accompanied by their teachers and principal.

The Senate welcomed its guests.

CONCLUSION OF MORNING CALL

The President at 11:48 a.m. announced the conclusion of morning call.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

March 22, 2001

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

I am directed by the House to inform the Senate that the House has taken the following action:

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HCR 212, In memory of Charles N. Prothro of Wichita Falls.

SB 331, Relating to agricultural policy for the state.

(Amended)

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

77th Legislature — Regular Session 41st Day

SENATE BILL 391 ON SECOND READING

Senator Wentworth asked unanimous consent to suspend the regular order of business to take up for consideration at this time:

SB 391, Relating to the automation of the compulsory motor vehicle inspection system.

There was objection.

Senator Wentworth then moved to suspend the regular order of business and take up SB 391 for consideration at this time.

The motion prevailed by the following vote:  Yeas 23, Nays 3, Present-not voting 1.

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

Nays: Fraser, Jackson, Staples.

Present-not voting: Mr. President.

Absent: Haywood.

Absent-excused: Harris, Madla, Whitmire.

The bill was read second time.

Senator Wentworth offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend SB 391, in Section 2 of the bill, in added Section 548.508(c), Transportation Code (page 3, line 6), between "development," and "implementation", by inserting "testing,".

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

Senator Wentworth offered the following committee amendment to the bill:

Committee Amendment No. 2

Amend SB 391, in Section 1 of the bill, in added Section 548.006(a), Transportation Code (page 1, line 9), between "system" and "under", by inserting "and its compliance and enforcement".

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

Senator Wentworth offered the following committee amendment to the bill:

Committee Amendment No. 3

Amend SB 391, in Section 1 of the bill, in added Section 548.006(c), Transportation Code (page 1, line 15), between "system" and the period, by inserting "and must assure compliance with and enforcement of the system through technology that provides current data using a remote process and that can be read using existing or new technologies".

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

Thursday, March 22, 2001

SENATE JOURNAL

Senator Wentworth offered the following committee amendment to the bill:

Committee Amendment No. 4

SB 391, Sec. 548.508 at line 21 page 2 is amended as follows: after the number $1.25 the following is inserted (said fee to reduce by 50¢ to 75¢ four years after the effective date of this Act.)

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

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

SB 391 as amended was passed to engrossment by the following vote: Yeas 23, Nays 4, Present-not voting 1.

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

Nays: Fraser, Gallegos, Jackson, Staples.

Present-not voting: Mr. President.

Absent-excused: Harris, Madla, Whitmire.

(Senator Brown in Chair)

SENATE BILL 923 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 923, Relating to the prosecution of the offense of fraudulent destruction, removal, or concealment of a universal product code.

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

SENATE BILL 923 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 923 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Harris, Madla, Whitmire.

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

77th Legislature — Regular Session 41st Day

GUESTS PRESENTED

Senator Van de Putte was recognized and introduced to the Senate students from the Texas Politics class at Saint Mary's University in San Antonio, accompanied by their professor Tom Hoffman.

The Senate welcomed its guests.

(President in Chair)

SENATE BILL 753 ON SECOND READING

On motion of Senator Van de Putte 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 753, Relating to the regulation of controlled substances under the Texas Controlled Substances Act, to the accessibility of certain information collected under that Act, and to the punishment for certain offenses under that Act.

The bill was read second time.

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

Floor Amendment No. 1

Amend SB 753 as follows:

On line 21 and 22, page 51 delete the words "SECTION 31. Section 481.132, Health and Safety Code, is repealed."

Renumber as appropriate.

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

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

SB 753 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 753 ON THIRD READING

Senator Van de Putte moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 753 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Harris, Madla, Whitmire.

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

Thursday, March 22, 2001

SENATE JOURNAL

SENATE BILL 966 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 966, Relating to preventing the consequences of theft, including retail theft; providing penalties.

The bill was read second time.

Senator Staples offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend SB 966 as follows:

(1) On page 1, line 20, insert between "if" and "the person" ", with the intent to use the instrument to commit theft,"

(2) On page 1, line 22, strike "with the intent to use the instrument to commit a theft"

(3) On page 2, strike Section 2, lines 2-19 and renumber the subsequent sections of the bill.

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

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

SB 966 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 966 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 966 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Harris, Madla, Whitmire.

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

(Senator Brown in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 509 ON SECOND READING

On motion of Senator Moncrief 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:

77th Legislature — Regular Session 41st Day

CSSB 509, Relating to an asbestos survey before issuance of a building permit to renovate or demolish certain buildings.

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

COMMITTEE SUBSTITUTE

SENATE BILL 509 ON THIRD READING

Senator Moncrief moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 509 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 24, Nays 3, Present-not voting 1.

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

Nays: Jackson, Staples, Wentworth.

Present-not voting: Mr. President.

Absent-excused: Harris, Madla, Whitmire.

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

COMMITTEE SUBSTITUTE

SENATE BILL 554 ON SECOND READING

Senator Carona asked unanimous consent to suspend the regular order of business to take up for consideration at this time:

CSSB 554, Relating to grants by the Texas Workforce Commission to assist economically disadvantaged persons enrolled in qualified postsecondary career education programs.

There was objection.

Senator Carona then moved to suspend the regular order of business and take up CSSB 554 for consideration at this time.

The motion prevailed by the following vote:  Yeas 24, Nays 2, Present-not voting 1.

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

Nays: Ogden, Truan.

Present-not voting: Mr. President.

Absent: Lucio.

Absent-excused: Harris, Madla, Whitmire.

The bill was read second time.

Thursday, March 22, 2001

SENATE JOURNAL

Senator Carona offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 554 by striking SECTION 2 of the bill and substituting the following:

SECTION 2.  (a) This Act takes effect on September 1, 2001.

(b) The Texas Workforce Commission may award grants under the grant program established by Chapter 305, Labor Code, as added by this Act, in the state fiscal biennium ending August 31, 2003, only from:

(1) money specifically appropriated for that biennium to fund the grant program; or

(2) other money available to the commission from a source other than general revenue if the use of that money for that purpose is permitted by applicable law.

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

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

CSSB 554 as amended was passed to engrossment by the following vote: Yeas 23, Nays 3, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Haywood, Jackson, Lindsay, Moncrief, Nelson, Shapiro, Shapleigh, Staples, Van de Putte, Wentworth, West, Zaffirini.

Nays: Ogden, Sibley, Truan.

Present-not voting: Mr. President.

Absent: Lucio.

Absent-excused: Harris, Madla, Whitmire.

COMMITTEE SUBSTITUTE

SENATE BILL 554 ON THIRD READING

Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 554 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 23, Nays 4, Present-not voting 1.

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

Nays: Ogden, Sibley, Truan, Wentworth.

Present-not voting: Mr. President.

Absent-excused: Harris, Madla, Whitmire.

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

77th Legislature — Regular Session 41st Day

RECORD OF VOTES

Senators Fraser, Ogden, Sibley, and Truan asked to be recorded as voting "Nay" on the final passage of CSSB 554.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

March 22, 2001

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

I am directed by the House to inform the Senate that the House has taken the following action:

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

SB 3, Relating to establishing procedures for the preservation of evidence containing DNA and postconviction DNA testing.

(Amended)

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate students from Kiker Elementary School in Austin and their teachers.

The Senate welcomed its guests.

(President in Chair)

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

SR 540 by Ellis, In memory of Judith Ray Miller of Houston.

SR 550 by Van de Putte, In memory of Patricia Lee Clayworth of San Antonio.

SR 556 by Wentworth, In memory of Tom E. Turner, Sr., of San Antonio.

Congratulatory Resolutions

SR 537 by Cain, Congratulating Ron Rutledge.

SR 538 by Cain, Congratulating Morgan Kent Sutton of Grand Prairie.

SR 539 by Cain, Congratulating MacPhelan Reese of Bonham.

SR 541 by Barrientos, Congratulating Norman Douglas Brown.

Thursday, March 22, 2001

SENATE JOURNAL

SR 542 by Lucio, Congratulating Esther M. Jimenez of Hidalgo County.

SR 543 by Fraser, Congratulating Michael Robert Tietjen of Kempner.

SR 544 by Fraser, Commending the Llano High School girls cross country team.

SR 545 by Van de Putte, Congratulating Andrew Scheutze.

SR 546 by Moncrief, Congratulating Van Cliburn.

SR 547 by Staples, Commending the First Baptist Church in Palestine.

SR 548 by West, Congratulating the Reverend Larry L. Brandon, Jr.

SR 549 by Barrientos, Congratulating Claude Michael Johnston.

SR 551 by Cain, Congratulating Jeff Curtis of Rockwall.

SR 552 by Cain, Congratulating J. David Beasley.

SR 554 by Cain, Commending the Senior Citizens Foundation of Dallas.

SR 555 by Wentworth, Congratulating Brooke and T. J. Connolly of San Antonio on the birth of their daughter, Sarah Alexandra "Alexa" Connolly.

Legislative Policy Resolution

SCR 43 by Van De Putte, Recommending that the Pearl Brewing Company facility in San Antonio be remodeled as the site of the state's official Railroad and Transportation Museum.

ADJOURNMENT

On motion of Senator Truan, the Senate at 1:05 p.m. adjourned, in memory of Chris Harris of Alvin, until 1:00 p.m. Monday, March 26, 2001.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

March 22, 2001

BUSINESS AND COMMERCE — CSSB 624

INTERGOVERNMENTAL RELATIONS — CSSB 916, CSSB 874, SB 581, SB 802, SB 847, SB 960, SB 999, SB 1158, SJR 32

HEALTH AND HUMAN SERVICES — SB 893, SB 301

FINANCE — CSSB 737

VETERAN AFFAIRS AND MILITARY INSTALLATIONS — SB 907, SB 1214, SB 939 (Amended), CSSB 1164