Monday, March 5, 2001

SENATE JOURNAL

THIRTIETH DAY

Monday, March 5, 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, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini, Mr. President.

Absent-excused: Brown, Haywood.

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

The Right Reverend Monsignor Joseph Tash, Saint Thomas the Apostle Catholic Church, Amarillo, offered the invocation as follows:

Almighty and eternal God, You have revealed Your glory to all nations. God of power and might, wisdom and justice, through You authority is rightly administered, laws are enacted, and judgment is decreed.

We pray for the Governor and Lieutenant Governor of the great State of Texas and for the Members of this Senate who are entrusted to guard our political welfare. May they be enabled by Your powerful protection to discharge their duties with honesty and ability.

We commend to Your unbounded mercy all the citizens of this state, that we may be blessed in the knowledge and sanctified in the observance of Your holy law. May we be preserved by Your grace, united in a peace which the world cannot give, and after enjoying the blessings of this life, may we be admitted to those which are eternal.

We ask this in the name of one who came to bring us peace, one whom all acknowledge as teacher, and many as lord. Amen.

On motion of Senator Truan and by unanimous consent, the reading of the Journal of the proceedings of Thursday, March 1, 2001, was dispensed with and the Journal was approved.

LEAVES OF ABSENCE

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

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

77th Legislature — Regular Session 30th Day

CO-AUTHOR OF SENATE BILL 7

On motion of Senator Ellis and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 7.

CO-AUTHORS OF SENATE BILL 130

On motion of Senator Cain and by unanimous consent, Senators Carona, Moncrief, Shapleigh, and West will be shown as Co-authors of SB 130.

CO-AUTHORS OF SENATE BILL 133

On motion of Senator West and by unanimous consent, Senators Moncrief and Zaffirini will be shown as Co-authors of SB 133.

CO-AUTHORS OF SENATE BILL 331

On motion of Senator Haywood and by unanimous consent, Senators Armbrister, Lindsay, Lucio, Moncrief, Ogden, Shapleigh, and Staples will be shown as Co-authors of SB 331.

CO-AUTHOR OF SENATE BILL 353

On motion of Senator Ellis and by unanimous consent, Senator Bivins will be shown as Co-author of SB 353.

CO-AUTHORS OF SENATE BILL 467

On motion of Senator Zaffirini and by unanimous consent, Senators Bivins, Lucio, Nelson, and Sibley will be shown as Co-authors of SB 467.

CO-AUTHOR OF SENATE BILL 485

On motion of Senator West and by unanimous consent, Senator Madla will be shown as Co-author of SB 485.

CO-AUTHOR OF SENATE BILL 517

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

CO-AUTHOR OF SENATE BILL 559

On motion of Senator Madla and by unanimous consent, Senator Wentworth will be shown as Co-author of SB 559.

CO-AUTHOR OF SENATE BILL 571

On motion of Senator Lucio and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 571.

CO-AUTHOR OF SENATE BILL 573

On motion of Senator Bivins and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 573.

CO-AUTHORS OF SENATE BILL 658

On motion of Senator Barrientos and by unanimous consent, Senators Shapleigh and Van de Putte will be shown as Co-authors of SB 658.

Monday, March 5, 2001

SENATE JOURNAL

CO-AUTHORS OF SENATE BILL 676

On motion of Senator Zaffirini and by unanimous consent, Senators Gallegos, Lucio, and Nelson will be shown as Co-authors of SB 676.

CO-AUTHOR OF SENATE BILL 716

On motion of Senator Duncan and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 716.

CO-AUTHORS OF SENATE JOINT RESOLUTION 22

On motion of Senator Barrientos and by unanimous consent, Senators Shapleigh and Van de Putte will be shown as Co-authors of SJR 22.

SENATE BILLS AND RESOLUTIONS ON FIRST READING

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

SB 8 by Cain, Barrientos, Bernsen, Carona, Moncrief, Nelson, Van de Putte, Zaffirini, Harris, Shapleigh, Truan, Lucio, Madla

Relating to discrimination in health care rates and reimbursement; providing administrative penalties.

To Committee on Health and Human Services.

SB 307 by Zaffirini

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.

To Committee on Intergovernmental Relations.

SB 308 by Zaffirini

Relating to the continuation and functions of the State Soil and Water Conservation Board and to the election of directors of local soil and water conservation districts.

To Committee on Natural Resources.

SB 1003 by Lindsay

Relating to the authority of a judge of a statutory county court to hear certain alcoholic beverage permit or license applications.

To Committee on Business and Commerce.

SB 1004 by Sibley

Relating to regulating the unauthorized practice of the business of insurance; providing a criminal penalty.

To Committee on Business and Commerce.

SB 1005 by Sibley

Relating to the application of certain laws to county mutual insurers.

To Committee on Business and Commerce.

SB 1006 by Van de Putte

Relating to testing for accidental exposure to hepatitis B or hepatitis C.

To Committee on Health and Human Services.

77th Legislature — Regular Session 30th Day

SB 1007 by Barrientos

Relating to the exemption from ad valorem taxation of property owned by charitable organizations that provide child care services.

To Committee on Intergovernmental Relations.

SB 1008 by Zaffirini

Relating to resource requirements under the temporary assistance for needy families program and the food stamp program.

To Committee on Health and Human Services.

SB 1009 by Lucio

Relating to the right of faculty members at public institutions of higher education to receive notice of and be represented in certain personnel meetings.

To Committee on Education.

SB 1010 by Lucio

Relating to loans for the purchase of certain service credit in the Teacher Retirement System of Texas.

To Committee on Education.

SB 1011 by Lucio

Relating to a minimum personal leave program for faculty members at public institutions of higher education.

To Committee on Education.

SB 1012 by Wentworth

Relating to the regulation of automobile insurance rates.

To Committee on Business and Commerce.

SB 1013 by West

Relating to funding to enable Prairie View A&M University to qualify for agricultural research, extension, and education matching funds, including federal agricultural research and extension formula funds.

To Committee on Finance.

SB 1014 by Ogden

Relating to the service areas of certain junior college districts.

To Committee on Education.

SB 1015 by West, Staples

Relating to the regulation of persons engaged in the sale of portable cylinders containing liquefied petroleum gas.

To Committee on Natural Resources.

SB 1016 by Madla

Relating to the review of financial audits of regional planning commissions.

To Committee on Intergovernmental Relations.

SB 1017 by Madla

Relating to conditions of employment for an employee of certain sheriff's departments.

To Committee on Intergovernmental Relations.

Monday, March 5, 2001

SENATE JOURNAL

SB 1018 by Van de Putte

Relating to changing the deadlines for ordering the election and filing for candidacy in political subdivision elections.

To Committee on Intergovernmental Relations.

SB 1019 by Armbrister

Relating to certain matters regarding oil and gas regulation, including fees, plugging of wells, required financial security, and offenses.

To Committee on Natural Resources.

SB 1020 by Nelson

Relating to the authority of a law enforcement agency to remove personal property from a roadway or the right-of-way of a roadway.

To Committee on State Affairs.

SB 1022 by West

Relating to the functions of the State Commission on Judicial Conduct.

To Committee on Jurisprudence.

SB 1023 by Brown, Van de Putte

Relating to compensation for services rendered at a polling place by election officers.

To Committee on State Affairs.

SB 1024 by Carona

Relating to the regulation of podiatrists.

To Committee on Jurisprudence.

SB 1025 by Lindsay

Relating to the consolidation and use of certain fees under Chapter 26, Water Code.

To Committee on Natural Resources.

SB 1026 by Lindsay

Relating to the disposition and use of air emission fees.

To Committee on Natural Resources.

SB 1027 by Lindsay

Relating to the use of certain fees by the Texas Natural Resource Conservation Commission.

To Committee on Natural Resources.

SB 1028 by Lindsay

Relating to the motor vehicle inspection fee and the use of revenues derived from that fee.

To Committee on Natural Resources.

SB 1029 by Lindsay

Relating to the confidentiality of certain information maintained by certain health care providers.

To Committee on Health and Human Services.

SB 1030 by Lindsay

Relating to the limits on liability for a health care liability claim.

To Committee on Business and Commerce.

77th Legislature — Regular Session 30th Day

SB 1031 by Lindsay

Relating to certain hospital liens.

To Committee on Health and Human Services.

SB 1032 by Duncan

Relating to state fiscal matters.

To Committee on Finance.

SB 1033 by Ellis

Relating to the fee for reinstatement or issuance of certain suspended or denied driver's licenses.

To Committee on Criminal Justice.

SB 1034 by Moncrief

Relating to the right of certain persons to enter a public facility with an assistance animal.

To Committee on Health and Human Services.

SB 1035 by West

Relating to the preparation of a judgment in a criminal case.

To Committee on Jurisprudence.

SB 1036 by Zaffirini

Relating to the election dates for directors of the Bee Groundwater Conservation District.

To Committee on Natural Resources.

SB 1037 by Ellis

Relating to authorizing the comptroller to establish a program to permit certain certified public accountants to perform certain audits.

To Committee on Finance.

SB 1038 by Ellis

Relating to authorizing the comptroller to waive penalties and interest relating to the delivery of certain delinquent unclaimed property.

To Committee on Finance.

SB 1039 by Ellis

Relating to the provision of certain higher education coursework through an online college.

To Committee on Education.

SB 1040 by Ellis

Relating to allowing certain state employees to earn compensatory time for work performed at home.

To Committee on State Affairs.

SB 1041 by Ellis

Relating to services provided through telemedicine for children with special health care needs.

To Committee on Health and Human Services.

SB 1042 by Ellis

Relating to an electronic motor vehicle lien system.

To Committee on State Affairs.

Monday, March 5, 2001

SENATE JOURNAL

SB 1043 by Duncan, Lindsay

Relating to creating a committee to appoint a poet laureate and a state artist.

To Committee on Administration.

SB 1044 by Carona

Relating to the ability of a development corporation to receive funding from a municipality.

To Committee on Intergovernmental Relations.

SB 1045 by Moncrief

Relating to the hazardous substances law; providing penalties.

To Committee on Business and Commerce.

SB 1046 by Moncrief

Relating to the enforcement powers of the Texas Department of Health over food, drugs, devices, and cosmetics.

To Committee on Health and Human Services.

SB 1047 by Shapiro, Lucio

Relating to the expunction or clarification of certain criminal history record information.

To Committee on Criminal Justice.

SB 1048 by Shapiro

Relating to the civil commitment of sexually violent predators.

To Committee on Criminal Justice.

SB 1049 by Van de Putte

Relating to county regulation of sexually oriented businesses located within the corporate boundaries of a municipality.

To Committee on Intergovernmental Relations.

SB 1050 by Van de Putte

Relating to the regulation of youth camps.

To Committee on Health and Human Services.

SCR 27 by Ellis

Memorializing Congress to expand the number of community-based safety-net programs serving the poor and medically underserved communities.

To Committee on Health and Human Services.

SCR 28 by Brown, Bernsen

Memorializing Congress to repeal the regulation relating to the three-shell limit and the magazine plug requirement contained in Title 50 C.F.R. 20.21.

To Committee on Natural Resources.

SJR 31 by Lucio

Proposing a constitutional amendment waiving sovereign immunity for damages for bodily injury and death sustained as a result of the Texas A&M bonfire tragedy.

To Committee on Education.

SJR 32 by West

Proposing a constitutional amendment authorizing municipalities to donate outdated or surplus firefighting equipment or supplies to underdeveloped countries.

To Committee on Intergovernmental Relations.

77th Legislature — Regular Session 30th Day

SJR 33 by Zaffirini

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

To Committee on Intergovernmental Relations.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

March 5, 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 183, Honoring the National Board Certified Teachers in Texas and school districts that support the National Board for Professional Teaching Standards program.

HCR 188, In memory of John Pollan of Stephenville.

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 82, HCR 95, HCR 184.

PHYSICIAN OF THE DAY

Senator Armbrister was recognized and presented Dr. Harold High of Cuero as the Physician of the Day.

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

SENATE RESOLUTION 401

Senator Sibley offered the following resolution:

WHEREAS, Monday, March 5, 2001, has been selected by the citizens of Erath County, Texas, as a special day to gather at the State Capitol to recognize and celebrate the contributions of Erath County to the heritage of the great State of Texas; and

WHEREAS, Erath County, located in West Central Texas, was created in 1855 out of a land patent awarded to the heirs of John Blair for his service to the Republic of Texas at the Alamo in 1836; the heirs of John Blair subsequently conveyed 17 2/3

Monday, March 5, 2001

SENATE JOURNAL

labors (3,127 acres) of said patent to John M. Stephens, for whom Stephenville was named, and he contracted the surveying services to George B. Erath, for whom the county is named; and

WHEREAS, Erath County has been ranked the fifth best county among 205 rural counties in the state for economic development for five years, according to a report released by the State Comptroller; and

WHEREAS, The county seat of Erath County, Stephenville has been listed as one of the 100 Best Small Towns in the nation in a registry compiled by Norman Crampton and published by Prentice-Hall; and

WHEREAS, The Stephenville High School Yellow Jacket football team became the team of the 90s in Class 4A University Interscholastic League competition by winning state championships in 1993, 1994, 1998, and 1999; and

WHEREAS, Dublin, the second largest city in Erath County, is the home of the oldest Dr Pepper bottling plant in the world, opened in 1891 as the first Dr Pepper franchise, and the only one still marketing the original Dr Pepper formula; and

WHEREAS, Erath County has a strong, diversified economic base, featuring agriculture as the leading industry; it is recognized as the number one dairy county in Texas and is complemented by national and worldwide industrial operations; and

WHEREAS, Erath County is known as the "Cowboy Capital of the World", earning this designation by being the home to several world class rodeo performers; and

WHEREAS, Tarleton State University in Stephenville has celebrated 100 years of providing outstanding educational opportunities for students throughout Texas and the nation and is an integral part of The Texas A&M University System with approximately 7,000 students in four undergraduate colleges and one graduate college; and

WHEREAS, Erath County is justifiably proud of its history, culture, progressive development, and contributions to the heritage of the great State of Texas; and

WHEREAS, This special day is an appropriate occasion for the Texas Senate to recognize the citizens of Erath County and to commend them for their notable endeavors and achievements; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby declare March 5, 2001, as Erath County Day at the State Capitol and join Erath residents as they celebrate their county's greatness; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the citizens of Erath County as an expression of appreciation 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 Jim Chambers, Stephenville Chamber of Commerce member; Tab Thompson, Erath County Judge; John Moser, Mayor of Stephenville; Steve Jenkins, Dublin Chamber of Commerce member; and Dr. Dennis McCabe, President of Tarleton State University; accompanied by a delegation of Erath County citizens.

The Senate welcomed its guests.

77th Legislature — Regular Session 30th Day

(Senator Truan in Chair)

SENATE RESOLUTION 388

Senator Bernsen offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pleasure in joining the alumni of Leadership Southeast Texas in designating Monday, March 5, 2001, as Leadership Southeast Texas Day at the Capitol; and

WHEREAS, Leadership Southeast Texas is a program of partnership of Southeast Texas, which includes the counties of Orange, Jefferson, Hardin, Tyler, Newton, Jasper, Liberty, and Chambers plus the Bolivar Peninsula of Galveston County; and

WHEREAS, Leadership Southeast Texas is an educational program designed to identify and motivate leaders in the area of Southeast Texas and to provide opportunities for leadership development; and

WHEREAS, Leadership Southeast Texas promotes better understanding of Southeast Texas including the strengths, weaknesses, obstacles, and opportunities for economic development, regional unity, and quality of life; and

WHEREAS, Leadership Southeast Texas identifies and studies timely issues which are significant to ongoing area development and encourages the initiation of innovative approaches to these issues; and

WHEREAS, Leadership Southeast Texas provides opportunities for communication and interaction with individuals outside the participants' regular professional and social acquaintances; and

WHEREAS, Leadership Southeast Texas Day in Austin provides an opportunity for alumni and new graduates to gather at the Capitol to celebrate the successes of Southeast Texas; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby extend best wishes to the people of Leadership Southeast Texas for a joyous and celebratory Leadership Southeast Texas Day; and, be it further

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

The resolution was again read.

The resolution was previously adopted on Thursday, March 1, 2001.

GUESTS PRESENTED

Senator Bernsen was recognized and introduced to the Senate a delegation from Leadership Southeast Texas, accompanied by Michael Barnhill, Entergy Texas; Ron Franklin, Huntsman Corporation; Betty Harmon, Orange County Chamber of Commerce; Laura Wilson, Dayton Community Development Corporation; Fred Williams, Mayor of Kountze; and Waymon Hallmark, Jefferson County Commissioner, Precinct 3.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Duncan was recognized and introduced to the Senate Hunter Blain, accompanied by his parents Theresa and Gregg Blain and his brother Gregory.

The Senate welcomed its guests.

Monday, March 5, 2001

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REMARKS ORDERED PRINTED

On motion of Senator Bivins and by unanimous consent, the following remarks by Senator Duncan were ordered reduced to writing and printed in the Senate Journal:

Hunter Blain is five years old. He is a first-grade student in Texas Tech University's Extended Studies Program where he has excelled in language arts, mathematics, science, and social studies. Hunter is a member of Mensa, a worldwide organization that admits only persons scoring within the top two percent of the population on a standardized intelligence test. He has taken an interest in geography and history and can identify the 185 member states of the United Nations by their flags. He is the youngest member of the largest flag organization in the United States, North American Vexillological Association (NAVA), and he created a video presentation of the mnemonic devices he uses to remember the flags for their 34th annual meeting. Hunter has appeared on various television shows including The Tonight Show with Jay Leno, Live with Regis & Kathie Lee, and Who Wants To Be a Millionaire, and has been featured locally in radio, newspaper, and television news interviews.

DUNCAN

GUESTS PRESENTED

Senator Nelson was recognized and introduced to the Senate a group of students and teachers from Haslet Elementary School in Haslet.

The Senate welcomed its guests.

CONCLUSION OF MORNING CALL

The Presiding Officer, Senator Truan in Chair, at 1:25 p.m. announced the conclusion of morning call.

(President in Chair)

SENATE BILL 352 ON SECOND READING

Senator Truan moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that SB 352 be taken up for consideration at this time:

SB 352, Relating to the collection of solid waste disposal service fees by a county or by certain public or private entities contracting with a county.

The motion prevailed by the following vote: Yeas 28, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Brown, Haywood.

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

SENATE BILL 352 ON THIRD READING

Senator Truan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 352 be placed on its third reading and final passage.

77th Legislature — Regular Session 30th Day

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

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, 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.

Absent-excused: Brown, Haywood.

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

SENATE BILL 18 ON SECOND READING

Senator Nelson moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that SB 18 be taken up for consideration at this time:

SB 18, Relating to the creation of the offense of interfering with an emergency telephone call.

The motion prevailed by the following vote: Yeas 28, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Brown, Haywood.

The bill was read second time.

Senator Nelson offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 18 by striking all below the enacting clause and substituting the following:

SECTION 1. Chapter 42, Penal Code, is amended by adding Section 42.062 to read as follows:

Sec. 42.062.  INTERFERENCE WITH EMERGENCY TELEPHONE CALL. (a) An individual commits an offense if the individual knowingly prevents or interferes with another individual's ability to place an emergency telephone call or to request assistance in an emergency from a law enforcement agency, medical facility, or other agency or entity the primary purpose of which is to provide for the safety of individuals.

(b)  An individual commits an offense if the individual recklessly renders unusable a telephone that would otherwise be used by another individual to place an emergency telephone call or to request assistance in an emergency from a law enforcement agency, medical facility, or other agency or entity the primary purpose of which is to provide for the safety of individuals.

(c)  An offense under this section is a Class A misdemeanor, except that the offense is a state jail felony if the actor has previously been convicted under this section.

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(d)  In this section, "emergency" means a condition or circumstance in which any individual is or is reasonably believed by the individual making a telephone call to be in imminent danger of serious bodily injury or in which property is or is reasonably believed by the individual making the telephone call to be in imminent danger of damage or destruction.

SECTION 2. This Act takes effect September 1, 2001.

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

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

SB 18 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 18 ON THIRD READING

Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 18 be placed on its third reading and final passage.

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

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, 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.

Absent-excused: Brown, Haywood.

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

SENATE CONCURRENT RESOLUTION 25

ON SECOND READING

Senator Lucio moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that SCR 25 be taken up for consideration at this time:

SCR 25, Memorializing Congress to recognize the impact on Texas of the federal policy of opening the border to Mexican trucks in accordance with provisions of the North American Free Trade Agreement.

The motion prevailed by the following vote: Yeas 28, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Brown, Haywood.

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

77th Legislature — Regular Session 30th Day

REMARKS ORDERED PRINTED

On motion of Senator Truan and by unanimous consent, the following remarks by Senators Lucio and Zaffirini regarding SCR 25 were ordered reduced to writing and printed in the Senate Journal:

Senator Lucio: Members, this SCR urges Congress and the President to do the following, but before I go into it, three or four points, I want to say that this SCR is in response to President Bush's indication of opening the entire border of Texas to Mexican trucking and international trade, expanding international trade, which we are in favor of. However, we would like the President and Congress to recognize the unique planning capacity and infrastructure needs of Texas' ports of entry, border, and NAFTA-related corridors. We would like for them to earmark to Texas $3 billion to fund the construction of one-stop federal state inspection facilities, as well as to fund infrastructure improvements and construction to and from the international ports of entry to expedite trade traffic; earmark $4 billion for critical NAFTA-related planning capacity and right-of-way acquisition needs, as well as construction needs of Texas' NAFTA-related corridors, and open up more customs bureau inspection lanes at border crossings 24 hours per day; earmark $3 billion for immediate construction, maintenance, and planning needs along such roadways in Texas; and lastly reaffirm their commitment to public safety in Texas as well to the United States by earmarking $1 billion for law enforcement needed to implement the opening of the border to Mexican trucks.

Senator Zaffirini: Senator Lucio, you reference one-stop centers, one-stop inspection stations along the border, and in particular at our international bridges. Senator Lucio, when you reference one-stop centers and one-stop inspection stations precisely what do you mean?

Senator Lucio: On page 4 of the SCR on line 13 we talk about that, it says simply that we would like for the Congress and the President to recognize the impact of this policy by earmarking $3 billion to fund the construction of one-stop federal and state inspection centers.

Senator Zaffirini: But Senator Lucio when you say one-stop, you mean literally one stop?

Senator Lucio: That's correct, Senator.

Senator Zaffirini: You do not mean two-stop as they have in California, they have two-stop inspection stations but they call them one-stop. In Texas, Senator Lucio, when we say one-stop, we mean literally one stop, do we not?

Senator Lucio: That's exactly right, that's relative to SB 913 by Senator Shapleigh last year that we all supported, and it is a one-stop, not a two-stop or a two-step.

Senator Zaffirini: Thank you Senator Lucio. In addition to that, I'm so glad that you are calling attention to the impact of NAFTA, because you and I know that throughout the border region there are highways that are literally rippled, are they not, Senator, because of the increase in the number of heavy trucks that are going both south and north.

Senator Lucio: Yes ma'am, Senator, one only has to visit the border area to see that, and nowhere is it more visible than in your district, the number one inland port of entry, Laredo, Texas.

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Senator Zaffirini: Exactly, Senator, and so I proudly join you in asking the federal government to meet their responsibility, and to pay for the federal situations and the problems they have caused along the border, as we who are border leaders continue to address them and to work with them to make sure that we all pay our fair share.

SENATE BILL 133 ON SECOND READING

Senator West moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that SB 133 be taken up for consideration at this time:

SB 133, Relating to the admissibility in a criminal trial of race or ethnicity as a predictor of future criminal behavior.

The motion prevailed by the following vote: Yeas 28, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Brown, Haywood.

The bill was read second time.

Senator West offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend SB 133 (Introduced Version) in each place where it appears, (page 2, lines 5-8; page 3, lines 5-8; and page 3, line 25 through page 4, line 1) by striking "(2) Notwithstanding Subdivision (l), evidence may not be offered by the state or the defendant to establish that the race or ethnicity of the defendant makes it either likely or unlikely that the defendant will engage in future criminal conduct." and substituting "(2) Notwithstanding Subdivision (l), evidence may not be offered by the state to establish that the race or ethnicity of the defendant makes it likely that the defendant will engage in future criminal conduct."

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

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

SB 133 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 133 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 SB 133 be placed on its third reading and final passage.

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

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, 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.

Absent-excused: Brown, Haywood.

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

77th Legislature — Regular Session 30th Day

COMMITTEE SUBSTITUTE

SENATE BILL 250 ON SECOND READING

Senator Harris moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that CSSB 250 be taken up for consideration at this time:

CSSB 250, Relating to the persons who are eligible for appointment as a temporary justice of the peace.

The motion prevailed by the following vote: Yeas 28, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Brown, Haywood.

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

COMMITTEE SUBSTITUTE

SENATE BILL 250 ON THIRD READING

Senator Harris moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 250 be placed on its third reading and final passage.

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

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, 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.

Absent-excused: Brown, Haywood.

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

SENATE BILL 17 ON SECOND READING

Senator Nelson moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that SB 17 be taken up for consideration at this time:

SB 17, Relating to the requirement that a magistrate provide reasonable notice to the attorney representing the state before reducing the amount of bail set for a defendant charged with or convicted of certain serious offenses.

The motion prevailed by the following vote: Yeas 28, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Brown, Haywood.

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

Monday, March 5, 2001

SENATE JOURNAL

SENATE BILL 17 ON THIRD READING

Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 17 be placed on its third reading and final passage.

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

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, 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.

Absent-excused: Brown, Haywood.

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

GUESTS PRESENTED

Senator Jackson was recognized and introduced to the Senate fifth-grade students from Pearl Hall Elementary School in Pasadena, accompanied by their teacher, principal, and parents.

The Senate welcomed its guests.

SENATE BILL 335 ON SECOND READING

Senator Carona moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that SB 335 be taken up for consideration at this time:

SB 335, Relating to an interlocal cooperation contract between a local government in this state and a local government in another state.

The motion prevailed by the following vote: Yeas 28, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Brown, Haywood.

The bill was read second time.

Senator Carona offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 335 by striking SECTION 2 of the bill (Committee printing page 1, lines 19-25) and substituting the following:

SECTION 2. Section 791.011, Government Code, is amended by amending Subsection (b) and adding Subsection (g) to read as follows:

(b) A party to an interlocal contract may contract with a:

(1) state agency, as that term is defined by Section 771.002; or

(2) similar agency of another [a ] state [that borders this state ].

77th Legislature — Regular Session 30th Day

(g) A governmental entity of this state or another state that makes purchases or provides purchasing services under an interlocal contract for a state agency, as that term is defined by Section 771.002, must comply with Chapter 2161 in making the purchases or providing the services.

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.

SB 335 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 335 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 335 be placed on its third reading and final passage.

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

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, 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.

Absent-excused: Brown, Haywood.

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

SENATE CONCURRENT RESOLUTION 24

ON SECOND READING

Senator Nelson moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that SCR 24 be taken up for consideration at this time:

SCR 24, In observation of Veterans Day.

The motion prevailed by the following vote: Yeas 28, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Brown, Haywood.

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

COMMITTEE SUBSTITUTE

SENATE BILL 517 ON SECOND READING

Senator Lucio moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that CSSB 517 be taken up for consideration at this time:

CSSB 517, Relating to authorizing certain counties to regulate land development; providing a penalty.

Monday, March 5, 2001

SENATE JOURNAL

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

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

Nays: Harris.

Present-not voting: Mr. President.

Absent-excused: Brown, Haywood.

The bill was read second time.

Senator Sibley offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 517 as follows:

(1) In SECTION 1 of the bill, strike "certain". (Committee Printing page 1, line 15).

(2) In SECTION 1 of the bill, insert the following after "colonias": "and substandard housing developments". (Committee Printing page 1, line 19).

(3) In SECTION 1 of the bill, strike lines 20 through 22 and substitute "Sec. 236.002. DEFINITIONS.

In this chapter:

(1) "Substandard housing development" means a area in which:

(A) water supply or sewer services are inadequate to meet minimal needs of residential users;

(B) there is a lack of safe and sanitary housing; and

(C) the majority population is composed of individuals and families of low and very low income, as defined by Section 2306.004, Government Code." (Committee Printing page 1, line 20).

The amendment was read and was adopted by the following vote: Yeas 20, Nays 8, Present-not voting 1.

Yeas: Bernsen, Bivins, Cain, Carona, Duncan, Ellis, Fraser, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapleigh, Sibley, Truan, Van de Putte, Wentworth, West, Zaffirini.

Nays: Armbrister, Barrientos, Gallegos, Harris, Jackson, Shapiro, Staples, Whitmire.

Present-not voting: Mr. President.

Absent-excused: Brown, Haywood.

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

CSSB 517 as amended was passed to engrossment by the following vote: Yeas 23, Nays 5, Present-not voting 1.

77th Legislature — Regular Session 30th Day

Yeas: Armbrister, Bernsen, Bivins, Cain, Carona, Duncan, Ellis, Fraser, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapleigh, Sibley, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini.

Nays: Barrientos, Gallegos, Harris, Shapiro, Staples.

Present-not voting: Mr. President.

Absent-excused: Brown, Haywood.

MOTION TO PLACE

COMMITTEE SUBSTITUTE

SENATE BILL 517 ON THIRD READING

Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 517 be placed on its third reading and final passage.

The motion was lost by the following vote: Yeas 22, Nays 6, Present-not voting 1. (Not receiving four-fifths vote of Members present)

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

Nays: Barrientos, Gallegos, Harris, Shapiro, Staples, Wentworth.

Present-not voting: Mr. President.

Absent-excused: Brown, Haywood.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

SR 390 by Duncan, In memory of Everett Blackburn of Big Spring.

SR 391 by Duncan, In memory of G. C. Broughton of Big Spring.

Congratulatory Resolutions

SR 389 by Ellis, Congratulating Elder Anthony Brodie.

SR 392 by Fraser, Congratulating Brian Robert Miller of Killeen.

SR 397 by Lindsay, Congratulating Matthew Patyk of Houston.

SR 400 by Whitmire, Commending the Greater Zion Missionary Baptist Church in Houston.

SR 402 by Sibley, Commending the Reverend David Blagg and the members of Greens Creek Baptist Church in Erath County.

SR 403 by Sibley, Congratulating Neal Robert Moore of Cisco.

HCR 189 (President Ratliff), Honoring Elaine Ballard on her receipt of a Lifetime Achievement Award from the Paris Education Foundation.

Monday, March 5, 2001

SENATE JOURNAL

Designation Resolutions

SR 395 by West, Recognizing March 7, 2001, as Jimmie Tyler Brashear Early Childhood Development Center Alumni Appreciation Day.

SR 398 by Barrientos, Recognizing March 7, 2001, as Star of Texas Fair and Rodeo Day at the State Capitol.

ADJOURNMENT

On motion of Senator Truan, the Senate at 2:48 p.m. adjourned until 11:00 a.m. tomorrow.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

March 5, 2001

HEALTH AND HUMAN SERVICES — SB 55, SB 832, SB 665

EDUCATION — CSSB 555

FINANCE — SB 737, SB 848

HEALTH AND HUMAN SERVICES — CSSB 651, CSSB 515, CSSB 664, CSSB 54