Monday, March 26, 2001

SENATE JOURNAL

FORTY-SECOND DAY

Monday, March 26, 2001

PROCEEDINGS

The Senate met at 1:00 p.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.

Senate Doorkeeper Don Long offered the invocation as follows:

O God, our creator, sustainer, and redeemer, as we go forth this day we ask You to accompany us in all our endeavors. Keep us from the foolishness of a self-centered spirit. Let us not be deceived into a false reliance upon our own strength.

May these Senators, their staff members, all who labor to assure that this great legislative body performs its duty, and the members of the news media rededicate their minds and physical powers to Your service in promoting the well-being of all peoples of Texas.

Let us remember the words of Ellen Hooper: "I slept and dreamed that life was beauty, I woke and found that life was duty; was then thy dream a shadowy lie? Toil on, sad heart, courageously, and thou shalt find thy dream to be a noonday light and truth to thee."

And God bless each and every one in this Senate Chamber. Amen.

On motion of Senator Truan and by unanimous consent, the reading of the Journal of the proceedings of Thursday, March 22, 2001, was dispensed with and the Journal was approved.

CO-AUTHOR OF SENATE BILL 12

On motion of Senator Nelson and by unanimous consent, Senator Lucio will be shown as Co-author of SB 12.

CO-AUTHOR OF SENATE BILL 70

On motion of Senator Haywood and by unanimous consent, Senator Lucio will be shown as Co-author of SB 70.

77th Legislature — Regular Session 42nd Day

CO-AUTHOR OF SENATE BILL 156

On motion of Senator Truan and by unanimous consent, Senator Carona will be shown as Co-author of SB 156.

CO-AUTHOR OF SENATE BILL 350

On motion of Senator Truan and by unanimous consent, Senator Lucio will be shown as Co-author of SB 350.

CO-AUTHOR OF SENATE BILL 427

On motion of Senator Lucio and by unanimous consent, Senator Madla will be shown as Co-author of SB 427.

CO-AUTHOR OF SENATE BILL 877

On motion of Senator Van de Putte and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 877.

CO-AUTHOR OF SENATE BILL 885

On motion of Senator Lucio and by unanimous consent, Senator Madla will be shown as Co-author of SB 885.

CO-AUTHOR OF SENATE BILL 894

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

CO-AUTHORS OF SENATE BILL 907

On motion of Senator Shapleigh and by unanimous consent, Senators Truan and Van de Putte will be shown as Co-authors of SB 907.

CO-AUTHORS OF SENATE BILL 939

On motion of Senator Shapleigh and by unanimous consent, Senators Truan and Van de Putte will be shown as Co-authors of SB 939.

CO-AUTHOR OF SENATE BILL 971

On motion of Senator Shapleigh and by unanimous consent, Senator Madla will be shown as Co-author of SB 971.

CO-AUTHORS OF SENATE BILL 1164

On motion of Senator Truan and by unanimous consent, Senators Shapleigh and Van de Putte will be shown as Co-authors of SB 1164.

PERMISSION TO INTRODUCE BILLS

Senator Brown moved to suspend Senate Rule 7.07(b) and Section 5, Article III of the Texas Constitution to permit the introduction of the following bills: SB 1774, SB 1778.

Monday, March 26, 2001

SENATE JOURNAL

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

SENATE BILLS ON FIRST READING

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

SB 1774 by Bernsen

Relating to the eligibility of children of certain classroom teachers to receive a TEXAS grant to attend public and private institutions of higher education in this state.

To Committee on Education.

SB 1775 by Lindsay

Relating to the creation, administration, powers, duties, operation, and financing of Harris County Municipal Utility District No. 386, of Harris County, Texas. (Local bill)

To Committee on Intergovernmental Relations.

SB 1776 by Lindsay

Relating to the creation, administration, powers, duties, operation, and financing of Harris County Municipal Utility District No. 387, of Harris County, Texas. (Local bill)

To Committee on Intergovernmental Relations.

SB 1777 by Lindsay

Relating to the creation, administration, powers, duties, operation, and financing of Harris County Municipal Utility District No. 388, of Harris County, Texas. (Local bill)

To Committee on Intergovernmental Relations.

SB 1778 by Lucio

Relating to the collection of costs in criminal cases.

To Committee on Jurisprudence.

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 5 to Committee on Criminal Justice.

HB 757 to Committee on Health and Human Services.

HB 958 to Committee on Intergovernmental Relations.

HB 1086 to Committee on Natural Resources.

HB 1110 to Committee on Natural Resources.

HB 1264 to Committee on Intergovernmental Relations.

HB 1402 to Committee on Natural Resources.

HB 1632 to Committee on Jurisprudence.

HB 1683 to Committee on Intergovernmental Relations.

HB 1747 to Committee on Intergovernmental Relations.

HCR 77 to Committee on State Affairs.

HCR 88 to Committee on Natural Resources.

HJR 1 to Committee on Intergovernmental Relations.

77th Legislature — Regular Session 42nd Day

MESSAGE FROM THE GOVERNOR

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

Austin, Texas

March 14, 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 appointments:

TO BE MEMBERS OF THE UNIVERSITY OF TEXAS SYSTEM BOARD OF REGENTS for terms to expire February 1, 2007:

Rita Crocker Clements

6930 Turtle Creek Boulevard

Dallas, Texas 75205

(Mrs. Clements is being reappointed)

Judith Lynn Berwick Craven, M.D.

3212 Ewing Street

Houston, Texas 77004

(to replace Donald L. Evans of Midland whose term expired)

Cyndi Taylor Krier

108 Fox Hall Cove

San Antonio, Texas 78213

(to replace Thomas G. Loeffler of San Antonio whose term expired)

Respectfully submitted,

/s/Rick Perry

Governor

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

March 26, 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 198, Relating to the refund of certain consumer loan acquisition charges.

Monday, March 26, 2001

SENATE JOURNAL

HB 440, Relating to an uncontested election for a trustee of a library district.

HB 519, Relating to the compensation to victims of family violence or sexual assault for relocation and housing rental expenses.

HB 675, Relating to the selection and training of certain officers of certain water districts.

HB 992, Relating to circumstances under which a publisher or manufacturer of textbooks must maintain or arrange for a textbook depository in this state.

HB 1018, Relating to the processing of certain applications submitted to the Texas State Board of Medical Examiners.

HB 1132, Relating to guardianships and other related matters concerning incapacitated persons.

HB 1467, Relating to the amount of tuition that a public junior college may set aside for Texas Public Education Grants.

HB 1506, Relating to security costs required of a person who contests certain alcoholic beverage license applications.

HB 1569, Relating to a firefighters' relief and retirement fund in certain municipalities.

HB 1621, Relating to the representation of the transportation disadvantaged in mass transportation.

HB 1634, Relating to certain payments allowed in an adoption case.

HB 1645, Relating to an exemption for certain transfer students from the requirements of the Texas Academic Skills Program.

HB 1737, Relating to the acquisition of land for cemetery purposes adjacent to existing cemeteries.

HB 1747, Relating to the continuation and functions of the office of the fire fighters' pension commissioner and the membership of the board of trustees of the Texas statewide emergency services personnel retirement fund.

HB 1753, Relating to authorizing The University of Texas—Pan American to establish an upper-division extension campus in Rio Grande City and to enter into a partnership agreement with a junior college district for lower-division courses.

HCR 224, Recognizing March 25, 2001, as Greek Independence Day.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

HOUSE BILL 957 REREFERRED

Senator Moncrief submitted a Motion In Writing requesting that HB 957 be withdrawn from the Committee on Business and Commerce and rereferred to the Committee on Health and Human Services.

The Motion In Writing prevailed without objection.

77th Legislature — Regular Session 42nd Day

CONCLUSION OF MORNING CALL

The President at 1:08 p.m. announced the conclusion of morning call.

COMMITTEE SUBSTITUTE

SENATE BILL 108 ON SECOND READING

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

CSSB 108, Relating to the first day of instruction of a school year for public school students.

There was objection.

Senator Lucio then moved to suspend the regular order of business and take up CSSB 108 for consideration at this time.

The motion prevailed by the following vote:  Yeas 23, Nays 6, Present-not voting 1.

Yeas: Armbrister, Bivins, Brown, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Shapleigh, Sibley, Truan, Van de Putte, Wentworth, Whitmire, Zaffirini.

Nays: Barrientos, Cain, Ogden, Shapiro, Staples, West.

Present-not voting: Mr. President.

Absent: Bernsen.

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

RECORD OF VOTES

Senators Barrientos, Cain, Carona, Ogden, Shapiro, Staples, and Truan asked to be recorded as voting "Nay" on the passage of CSSB 108 to engrossment.

PHYSICIAN OF THE DAY

Senator Whitmire was recognized and presented Dr. Donald Nino of Channelview as the Physician of the Day.

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

SENATE BILL 877 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 877, Relating to the creation of an advisory committee for the special supplemental nutrition program for women, infants, and children.

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

Monday, March 26, 2001

SENATE JOURNAL

SENATE BILL 877 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 877 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

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

SENATE BILL 1050 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 1050, Relating to the regulation of youth camps.

The bill was read second time.

Senator Staples offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 1050 by adding the following section:

SECTION . Chapter 141, Health and Safety Code, is amended by adding Section 141.0021 to read as follows:

Section 141.0021. EXEMPTION. This chapter does not apply to a facility or program operated by a private or independent institution of higher education as defined by Section 61.003, Education Code.

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 1050 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 1050 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 1050 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 42nd Day

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

Nays: Wentworth.

Present-not voting: Mr. President.

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

SENATE BILL 1285 ON SECOND READING

On motion of Senator Carona 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 1285, Relating to the practice of nursing.

The bill was read second time.

Senator Carona offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 1285 (Senate committee printing) by striking all below the enacting clause and substituting the following:

SECTION 1. Subchapter J, Chapter 301, Occupations Code, is amended by adding Sections 301.4651 and 301.4652 to read as follows:

Sec. 301.4651.  PEACE OFFICERS. (a) The board may commission as a peace officer to enforce this chapter an employee who has been certified as a peace officer by the Commission on Law Enforcement Officer Standards and Education.

(b)  An employee commissioned as a peace officer under this section has the powers, privileges, and immunities of a peace officer while carrying out duties as a peace officer under this chapter, except that the employee may not carry a firearm or make an arrest.

Sec. 301.4652.  CRIMINAL HISTORY RECORD INFORMATION. (a) In addition to the board's authority under Subchapter F, Chapter 411, Government Code, the board may directly request and receive criminal history record information from the Federal Bureau of Investigation.

(b)  Criminal history record information received by the board may only be used by the board and is privileged. Criminal history record information may not be disclosed to any person except:

(1)  under a court order; or

(2)  to a nursing board that is a member of the Nurse Licensure Compact under Article 4528b, Revised Statutes.

(c)  A person is entitled to a hearing under Section 301.454 if, because of criminal history record information obtained by the board, the board proposes to:

(1)  determine that a petitioner under Section 301.257 or a license applicant is ineligible for a license; or

(2)  suspend or revoke a person's license or temporary permit.

(d)  The board shall adopt rules providing for the fair and uniform application of this section.

SECTION 2. Subchapter D, Chapter 301, Occupations Code, is amended by adding Section 301.1605 to read as follows:

Monday, March 26, 2001

SENATE JOURNAL

Sec. 301.1605.  PILOT AND DEMONSTRATION RESEARCH PROJECTS. (a) The board may approve pilot and demonstration research projects for innovative applications in the regulation or practice of professional nursing.

(b)  The board shall specify the procedures to be followed in applying for approval of a project.

(c)  The approval may include a provision granting an exception to any rule adopted under this chapter. The board may condition approval of a project on compliance with this section and rules adopted under this section.

(d)  This section does not expand the meaning of professional nursing.

SECTION 3. Article 2.12, Code of Criminal Procedure, as amended by Chapters 90, 332, 882, and 974, Acts of the 76th Legislature, Regular Session, 1999, is amended to read as follows:

Art. 2.12.  WHO ARE PEACE OFFICERS. The following are peace officers:

(1)  sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter 1701, Occupations [415, Government ] Code;

(2)  constables, deputy constables, and those reserve deputy constables who hold a permanent peace officer license issued under Chapter 1701, Occupations [415, Government ] Code;

(3)  marshals or police officers of an incorporated city, town, or village, and those reserve municipal police officers who hold a permanent peace officer license issued under Chapter 1701, Occupations [415, Government ] Code;

(4)  rangers and officers commissioned by the Public Safety Commission and the Director of the Department of Public Safety;

(5)  investigators of the district attorneys', criminal district attorneys', and county attorneys' offices;

(6)  law enforcement agents of the Texas Alcoholic Beverage Commission;

(7)  each member of an arson investigating unit commissioned by a city, a county, or the state;

(8)  officers commissioned under Section 37.081, Education Code, or Subchapter E, Chapter 51, Education Code;

(9)  officers commissioned by the General Services Commission;

(10)  law enforcement officers commissioned by the Parks and Wildlife Commission;

(11)  airport police officers commissioned by a city with a population of more than one million[, according to the most recent federal census, ] that operates an airport that serves commercial air carriers;

(12)  airport security personnel commissioned as peace officers by the governing body of any political subdivision of this state, other than a city described by Subdivision (11), that operates an airport that serves commercial air carriers;

(13)  municipal park and recreational patrolmen and security officers;

(14)  security officers commissioned as peace officers by the comptroller;

(15)  officers commissioned by a water control and improvement district under Section 49.216, Water Code;

(16)  officers commissioned by a board of trustees under Chapter 54, Transportation Code [341, Acts of the 57th Legislature, Regular Session, 1961 (Article 1187f, Vernon's Texas Civil Statutes) ];

(17)  investigators commissioned by the Texas State Board of Medical Examiners;

77th Legislature — Regular Session 42nd Day

(18)  officers commissioned by the board of managers of the Dallas County Hospital District, the Tarrant County Hospital District, or the Bexar County Hospital District under Section 281.057, Health and Safety Code;

(19)  county park rangers commissioned under Subchapter E, Chapter 351, Local Government Code;

(20)  investigators employed by the Texas Racing Commission;

(21)  officers commissioned under Chapter 554, Occupations Code [by the State Board of Pharmacy ];

(22)  officers commissioned by the governing body of a metropolitan rapid transit authority under Section 451.108, Transportation Code, or by a regional transportation authority under Section 452.110, Transportation Code;

(23)  investigators commissioned by the attorney general under Section 402.009, Government Code;

(24)  security officers and investigators commissioned as peace officers under Chapter 466, Government Code;

(25)  an officer employed by the Texas Department of Health under Section 431.2471, Health and Safety Code;

(26)  officers appointed by an appellate court under Subchapter F, Chapter 53, Government Code;

(27)  officers commissioned by the state fire marshal under Chapter 417, Government Code;

(28)  an investigator commissioned by the commissioner of insurance under Article 1.10D, Insurance Code;

(29)  apprehension specialists commissioned by the Texas Youth Commission as officers under Section 61.0931, Human Resources Code; [and ]

(30)  officers appointed by the executive director of the Texas Department of Criminal Justice under Section 493.019, Government Code;[. ]

(31) [(30) ]  investigators commissioned by the Commission on Law Enforcement Officer Standards and Education under Section 1701.160, Occupations [415.016, Government ] Code;[. ]

(32)  commission [(30)  board ] investigators commissioned by the Texas Commission on Private Security under Section 1702.061(f), Occupations Code; and

(33)  officers commissioned by the Board of Nurse Examiners under Chapter 301, Occupations Code [10(f), Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes) ].

SECTION 4.  Section 301.160, Occupations Code, is repealed.

SECTION 5.  (a) The Board of Nurse Examiners is a criminal justice agency for the sole purpose of directly obtaining criminal history record information maintained by the Federal Bureau of Investigation.

(b)  As soon as practicable after the effective date of this Act, the executive director of the Board of Nurse Examiners shall request from the appropriate office of the United States Department of Justice a determination letter as to whether the Board of Nurse Examiners is recognized as a criminal justice agency for the sole purpose of directly obtaining criminal history record information maintained by the Federal Bureau of Investigation.

(c)  On receipt of the letter requested under Subsection (b) of this section, the executive director of the Board of Nurse Examiners shall give the letter to the secretary of state for publication in the Texas Register.

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

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

Monday, March 26, 2001

SENATE JOURNAL

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

SB 1285 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 1285 ON THIRD READING

Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1285 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 224 ON SECOND READING

On motion of Senator Shapleigh 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 224, Relating to requiring that the Texas Transportation Commission meet with transportation officials of bordering states of the United Mexican States to discuss transportation and infrastructure issues.

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

COMMITTEE SUBSTITUTE

SENATE BILL 224 ON THIRD READING

Senator Shapleigh moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 224 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.

77th Legislature — Regular Session 42nd Day

COMMITTEE SUBSTITUTE

SENATE BILL 656 ON SECOND READING

On motion of Senator West 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 656, Relating to the designation and functions of a state demographer.

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

COMMITTEE SUBSTITUTE

SENATE BILL 656 ON THIRD READING

Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 656 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

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

SENATE BILL 391 ON THIRD READING

Senator Wentworth 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 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 26, Nays 4, Present-not voting 1.

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

Nays: Fraser, Gallegos, Jackson, Staples.

Present-not voting: Mr. President.

The bill was read third time.

Monday, March 26, 2001

SENATE JOURNAL

Senator West offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 391, in Section 1 of the bill, proposed Section 548.006, Transportation Code, by inserting a new Subsection (g), to read as follows, and redesignating proposed Subsection (g) as Subsection (h):

(g) If the department enters into a contract for the implementation of the automated inspection system, the contractor may not disclose to any person, other than the department, data that is related to the automated inspection system and collected by the contractor.

By unanimous consent, the 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 again amended was finally passed by a viva voce vote.

RECORD OF VOTE

Senator Fraser asked to be recorded as voting "Nay" on the final passage of SB 391.

SENATE BILL 386 RECOMMITTED

On motion of Senator Bivins and by unanimous consent, SB 386 was recommitted to the Committee on Education.

SENATE BILL 1722 RECOMMITTED

On motion of Senator Bivins and by unanimous consent, SB 1722 was recommitted to the Committee on Education.

SENATE BILL 3 WITH HOUSE AMENDMENTS

Senator Duncan called SB 3 from the President's table for consideration of the House amendments to the bill.

The President laid the bill and the House amendments before the Senate.

Committee Amendment No. 1

Amend SB 3 (Senate Engrossment), in added Article 64.01, Code of Criminal Procedure, on page 3, between lines 14 and 15, by inserting the following:

(c)  A convicted person is entitled to counsel during a proceeding under this chapter. If a convicted person informs the convicting court that the person wishes to submit a motion under this chapter, and if the court determines that the person is indigent, the court shall appoint counsel for the person. Compensation of counsel is provided in the same manner as is required by:

(1)  Article 11.071 for the representation of a petitioner convicted of a capital felony; and

(2)  Chapter 26 for the representation in a habeas corpus hearing of an indigent defendant convicted of a felony other than a capital felony.

77th Legislature — Regular Session 42nd Day

Committee Amendment No. 2

Amend SB 3 (Senate Engrossment), in added Article 64.03, Code of Criminal Procedure, as follows:

(1)  On page 4, between lines 15 and 16, insert a new Subsection (b) as follows:

(b)  A convicted person who pleaded guilty or nolo contendere in the case may submit a motion under this chapter, and the convicting court is prohibited from finding that identity was not an issue in the case solely on the basis of that plea.

(2)  On page 4, line 16, strike "(b)" and substitute "(c)".

(3)  On page 4, line 23, strike "(c)" and substitute "(d)".

(4)  On page 5, line 15, strike "(d)" and substitute "(e)".

Committee Amendment No. 3

Amend SB 3 (Senate Engrossment), in added Article 64.05, Code of Criminal Procedure, on page 5, line 25, immediately after "Article" by adding "64.03 or".

Floor Amendment No. 6

Amend SB 3 by adding an appropriately numbered SECTION to read as follows and by renumbering existing SECTIONS accordingly:

SECTION . Chapter 17, Code of Criminal Procedure, is amended by adding Article 17.47 to read as follows:

Art. 17.47.  POST-TRIAL ACTIONS. A convicting court on entering a finding favorable to a convicted person under Article 64.04 may release the convicted person on bail under this chapter pending the conclusion of court proceedings or proceedings under Section 11, Article IV, Texas Constitution.

Floor Amendment No. 7

Amend SB 3 in SECTION 1 of the bill, in proposed Article 38.39(d), Code of Criminal Procedure (House Committee Report, page 2, lines 12 and 13) by striking "before the 91st day after notice of the planned destruction of the evidence is mailed." and substituting the following: before the 91st day after the later of the following dates:

(1)  the date on which the attorney representing the state, clerk, or other officer receives proof that the defendant received notice of the planned destruction of evidence; or

(2)  the date on which notice of the planned destruction of evidence is mailed to the last attorney of record for the defendant.

Floor Amendment No. 10

Amend SB 3 in SECTION 2 of the bill, in proposed Article 64.03(a), Code of Criminal Procedure (House Committee Report, page 4, lines 8-15), by striking Subdivision (2) and substituting the following:

(2)  the convicted person establishes by a preponderance of the evidence that the request for the proposed DNA testing is not made to unreasonably delay the execution of sentence or administration of justice.

Floor Amendment No. 12

Amend SB 3 by adding appropriately numbered SECTIONS to read as follows and by renumbering existing SECTIONS accordingly:

SECTION . Subchapter G, Chapter 411, Government Code, is amended by adding Section 411.1471 to read as follows:

Monday, March 26, 2001

SENATE JOURNAL

Sec. 411.1471.  DNA RECORDS OF PERSONS CHARGED WITH CERTAIN FELONIES. (a) This section applies to:

(1)  a defendant arrested for an offense described by Section 411.148(a)(1); and

(2)  a child taken into custody for conduct constituting an offense described by Section 411.148(a)(1).

(b)  A law enforcement agency arresting a defendant for or taking a child into custody for an offense described by Subsection (a), on the request of an attorney representing the defendant or the child, must permit the defendant or child to provide one or more blood samples or other specimen for the purpose of creating a DNA record.

(c)  The director by rule shall require law enforcement agencies taking a sample or specimen under this section to take the sample or specimen, preserve the sample or specimen, maintain a record of the collection of the sample or specimen, and send the sample or specimen to the director for scientific analysis under this subchapter in the same manner as is required of the Texas Department of Criminal Justice under Section 411.148.

(d)  A defendant or child who provides a blood sample or other specimen under Subsection (b) is not liable for any costs incurred by the law enforcement agency under Subsection (c).

SECTION . Subchapter A, Chapter 102, Code of Criminal Procedure, is amended by adding Article 102.020 to read as follows:

Art. 102.020.  COSTS ON CONVICTION FOR OFFENSES REQUIRING DNA TESTING. (a)  A person shall pay $100 as a court cost on conviction of an offense described by Section 411.148(a)(1), Government Code.

(b)  The court shall assess and make a reasonable effort to collect the cost due under this article whether or not any other court cost is assessed or collected.

(c)  For purposes of this article, a person is considered to have been convicted if:

(1)  a sentence is imposed; or

(2)  the defendant receives community supervision or deferred adjudication.

(d)  Court costs under this article are collected in the same manner as other fines or costs. An officer collecting the costs shall keep separate records of the funds collected as costs under this article and shall deposit the funds in the county treasury.

(e)  The custodian of a county treasury shall:

(1)  keep records of the amount of funds on deposit collected under this article; and

(2)  send to the comptroller before the last day of the first month following each calendar quarter the funds collected under this article during the preceding quarter.

(f)  A county may retain 10 percent of the funds collected under this article by an officer of the county as a collection fee if the custodian of the county treasury complies with Subsection (e).

(g)  If no funds due as costs under this article are deposited in a county treasury in a calendar quarter, the custodian of the treasury shall file the report required for the quarter in the regular manner and must state that no funds were collected.

(h)  The comptroller shall deposit the funds received under this article to the credit of the criminal justice planning account in the general revenue fund.

(i)  Funds collected under this article are subject to audit by the comptroller.

77th Legislature — Regular Session 42nd Day

SECTION . Article 102.056, Code of Criminal Procedure, is amended by adding Subsection (e) to read as follows:

(e)  The legislature shall determine and appropriate the necessary amount from the criminal justice planning account to the criminal justice division of the governor's office for grants to local law enforcement agencies performing duties imposed on those agencies under Sections 411.1471 and 411.1472, Government Code.

SECTION . The director of the Department of Public Safety, not later than January 1, 2002, shall adopt rules relating to duties imposed on law enforcement agencies under Section 411.1471, Government Code, as added by this Act.

SECTION . Section 411.1471, Government Code, as added by this Act, applies to a defendant arrested on or after February 1, 2002.

SECTION . (a) Article 102.020, Code of Criminal Procedure, as added by this Act, applies only to an offense committed on or after the effective date of this Act. For purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before the effective date.

(b)  An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose.

The amendments were read.

Senator Duncan moved that the Senate do not concur in the House amendments, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.

The motion prevailed.

The President asked if there were any motions to instruct the conference committee on SB 3 before appointment.

There were no motions offered.

The President announced the appointment of the following conferees on the part of the Senate on the bill: Senators Duncan, Chair; Brown, Ellis, Wentworth, and West.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Carona and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Intergovernmental Relations might consider the following bill and resolution today: HB 1747, HJR 1.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Shapiro and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on State Affairs might consider HB 1362 today.

Monday, March 26, 2001

SENATE JOURNAL

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

SR 559 by Duncan, In memory of Mary Carolyn Randle of Big Spring.

SR 573 by Ellis, In memory of Lawrence Glenn Roark of Austin.

Congratulatory Resolutions

SR 557 by Madla, Congratulating Shannon Elizabeth McCann and Billy Randell Pewitt on the birth of their daughter, Julia Elizabeth McCann Pewitt.

SR 560 by Ellis, Congratulating Allie Alice Alene and Floyd Spencer.

SR 561 by Whitmire, Congratulating Dr. Donald Nino of Channelview.

SR 562 by Lindsay, Congratulating Patrick Hamilton Clark.

SR 563 by Lindsay, Congratulating Nicholas Brandon Hays of Houston.

SR 564 by Lindsay, Congratulating Nathan A. Dutch of Tomball.

SR 565 by West, Congratulating Kimberly Avant of DeSoto.

SR 566 by Whitmire, Commending the Texas Association of Public Employee Retirement Systems.

SR 568 by Ogden, Commending the citizens of the City of Dawson.

SR 569 by Moncrief, Commending the TexCare Partnership Urban County Challenge Program.

SR 570 by Barrientos, Congratulating Michael Patrick and Michelle Hanon Ingersoll on the birth of their son, Michael Jereth Ingersoll.

SR 572 by Ellis, Congratulating Matthew Brugman of Houston.

SR 574 by Ellis, Congratulating the Reverend Marvin C. Delaney of Houston.

SR 576 by Sibley, Congratulating Marshall Maher.

SR 577 by Armbrister, Congratulating Phillip Savko of Sugar Land.

SR 578 by Shapleigh, Congratulating Jose R. and Rosario Parra of El Paso.

Designation Resolutions

SR 571 by Lindsay, Recognizing September 10, 2001, through September 15, 2001, as Christian Higher Education Week.

HCR 224 (Zaffirini), Recognizing March 25, 2001, as Greek Independence Day.

ADJOURNMENT

On motion of Senator Truan, the Senate at 1:51 p.m. adjourned, in memory of the life of Robert E. Johnson, until 11:00 a.m. tomorrow.

77th Legislature — Regular Session 42nd Day

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

March 26, 2001

EDUCATION — SB 1057, SB 1596

BUSINESS AND COMMERCE — SB 63, SB 424, CSSB 429, CSSB 471, CSSB 365, CSSB 326, CSSB 550, CSSB 970

HEALTH AND HUMAN SERVICES — CSSB 692, CSSB 768

INTERGOVERNMENTAL RELATIONS — CSSB 1150

FINANCE — SB 734, SB 1230, SB 1547, CSSB 813

EDUCATION — CSSB 266, CSSB 385, CSSB 386, CSSB 576, CSSB 579, CSSB 580, CSSB 646, CSSB 974, CSSB 1595, CSSB 1671, CSSB 1722

FINANCE — CSSB 1

BUSINESS AND COMMERCE — SB 564, CSSB 804, CSSB 578

NATURAL RESOURCES — SB 906, SB 858, SB 1390, SB 1162, SCR 28, CSSB 546, CSSB 946, CSSB 947, CSSB 1334, CSSB 1144, CSSB 1194

STATE AFFAIRS — SB 485, SB 839, CSSB 507, CSSB 545, CSSB 713, SB 757 (Amended), SB 1078 (Amended)

BUSINESS AND COMMERCE — CSSB 314, CSSB 604

EDUCATION — CSSB 621, CSSB 596

CRIMINAL JUSTICE — SB 1380, SB 814, SB 654, SB 293, CSSB 1206, CSSB 1325, CSSB 1048, HB 656

STATE AFFAIRS — CSSB 302