Tuesday, March 6, 2001

SENATE JOURNAL

THIRTY-FIRST DAY

Tuesday, March 6, 2001

PROCEEDINGS

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

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

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

Chaplain Samuel Boyd, East Texas Medical Center, Tyler, offered the invocation as follows:

Almighty God, creator of heaven and Earth, You made us in Your image and have given us this good land for our heritage, especially the State of Texas and the City of Tyler. Look with compassion on the whole human family, and we pray that we may always prove ourselves mindful of Your favor and glad to do Your will. Bless our state and our nation with honorable industry, sound learning, and civility toward one another. Save us from violence, discord, confusion, pride, arrogance, and every evil way.

Father, You gave us the greatest law: to love You above all others and to love our neighbor as we love ourselves. We pray for You to bless and guide the Governor, the Lieutenant Governor, and each Senator in this legislative body. Give them courage, wisdom, and foresight so that they may enact such laws as shall please You, to the glory of Your name and the welfare of all Your people. Give grace to all Your servants, Father. We pray Your blessing on President Bush and on Vice President Cheney as he recovers from the medical procedure on his heart. Give peace and comfort to the teachers, students, and their families at Santana High School in Santee, California. We offer our prayers and ourselves to You and Your service. Amen.

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

77th Legislature — Regular Session 31st Day

CO-AUTHOR OF SENATE BILL 19

On motion of Senator Nelson and by unanimous consent, Senator Truan will be shown as Co-author of SB 19.

CO-AUTHOR OF SENATE BILL 157

On motion of Senator Truan and by unanimous consent, Senator West will be shown as Co-author of SB 157.

CO-AUTHOR OF SENATE BILL 236

On motion of Senator Harris and by unanimous consent, Senator Moncrief will be shown as Co-author of SB 236.

CO-AUTHORS OF SENATE BILL 331

On motion of Senator Haywood and by unanimous consent, Senators Gallegos, Nelson, and Shapiro will be shown as Co-authors of SB 331.

CO-AUTHORS OF SENATE BILL 485

On motion of Senator West and by unanimous consent, Senators Gallegos and Truan will be shown as Co-authors of SB 485.

CO-AUTHOR OF SENATE BILL 488

On motion of Senator Harris and by unanimous consent, Senator Fraser will be shown as Co-author of SB 488.

CO-AUTHOR OF SENATE BILL 493

On motion of Senator Bernsen and by unanimous consent, Senator Truan will be shown as Co-author of SB 493.

CO-AUTHOR OF SENATE BILL 572

On motion of Senator Moncrief and by unanimous consent, Senator Truan will be shown as Co-author of SB 572.

CO-AUTHOR OF SENATE BILL 596

On motion of Senator Duncan and by unanimous consent, Senator Lindsay will be shown as Co-author of SB 596.

CO-AUTHOR OF SENATE BILL 607

On motion of Senator Van de Putte and by unanimous consent, Senator Gallegos will be shown as Co-author of SB 607.

CO-AUTHOR OF SENATE BILL 621

On motion of Senator Barrientos and by unanimous consent, Senator Truan will be shown as Co-author of SB 621.

CO-AUTHOR OF SENATE BILL 665

On motion of Senator Moncrief and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 665.

Tuesday, March 6, 2001

SENATE JOURNAL

CO-AUTHOR OF SENATE BILL 737

On motion of Senator Ellis and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 737.

CO-AUTHOR OF SENATE BILL 848

On motion of Senator Ellis and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 848.

CO-AUTHORS OF SENATE BILL 1074

On motion of Senator West and by unanimous consent, Senators Barrientos, Moncrief, Van de Putte, and Zaffirini will be shown as Co-authors of SB 1074.

RESOLUTION SIGNED

The President announced the signing of the following enrolled resolution in the presence of the Senate: HCR 187.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

March 6, 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 92, In memory of former Texas first lady Janey Slaughter Briscoe.

HCR 137, In memory of Judge Ross E. Doughty, Jr., of Uvalde.

HCR 143, Designating March 5-6, 2001, as Tyler Days at the State Capitol.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

SENATE BILLS ON FIRST READING

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

SB 309 by Harris

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

To Committee on Administration.

77th Legislature — Regular Session 31st Day

SB 1051 by Shapleigh, Madla

Relating to the training and regulation of promotoras.

To Committee on Health and Human Services.

SB 1052 by Shapleigh, Gallegos, Lucio, Madla, Bernsen, Harris

Relating to rates and expenditures under the Medicaid and state child health plan program in the Texas-Mexico border region.

To Committee on Health and Human Services.

SB 1053 by Shapleigh, Gallegos, Lucio, Madla, Bernsen, Harris, Truan, Zaffirini

Relating to rates and expenditures under the Medicaid and state child health plan program in the Texas-Mexico border region.

To Committee on Health and Human Services.

SB 1054 by Shapleigh, Gallegos, Lucio, Madla, Bernsen, Harris

Relating to rates and expenditures under the Medicaid and state child health plan program in strategic investment areas.

To Committee on Health and Human Services.

SB 1055 by Shapleigh, Gallegos, Lucio, Madla, Bernsen, Harris

Relating to rates and expenditures under the Medicaid and state child health plan program in strategic investment areas.

To Committee on Health and Human Services.

SB 1056 by Shapleigh, Gallegos, Lucio, Madla, Bernsen, Harris

Relating to capitation and reimbursement rates under the state child health plan in the Texas-Mexico border region.

To Committee on Health and Human Services.

SB 1057 by Ellis

Relating to the administration of the TEXAS grant program and to the dissemination of student financial aid information.

To Committee on Education.

SB 1058 by Bernsen

Relating to certain purchases by the General Land Office.

To Committee on Natural Resources.

SB 1059 by Bernsen

Relating to the use of the Galveston-Port Bolivar ferry operated by the Texas Department of Transportation.

To Committee on State Affairs.

SB 1060 by Lindsay

Relating to the transferability of appropriations and the suspension of statutory restrictions on the use of certain appropriations made to the Texas Natural Resource Conservation Commission.

To Committee on Finance.

SB 1061 by Lindsay

Relating to the power of certain rapid transit authorities to call an election.

To Committee on Intergovernmental Relations.

Tuesday, March 6, 2001

SENATE JOURNAL

SB 1062 by Staples

Relating to credit in the Teacher Retirement System of Texas for service for certain private schools.

To Committee on Education.

SB 1063 by Staples

Relating to creating a task force to study the use of state office space.

To Committee on Administration.

SB 1064 by Staples, Duncan, West, Zaffirini

Relating to adoption services of the Department of Protective and Regulatory Services with respect to sibling groups.

To Committee on Jurisprudence.

SB 1065 by Lucio

Relating to changing the name of the South Texas Hospital to the South Texas Health Care System and to eliminating certain obsolete provisions relating to the hospital.

To Committee on Health and Human Services.

SB 1066 by Lucio

Relating to the state employee incentive program.

To Committee on State Affairs.

SB 1067 by Harris, Shapleigh, Carona, Van de Putte, Lucio, Truan

Relating to certain agreements for the payment of subcontractors.

To Committee on Business and Commerce.

SB 1068 by Armbrister

Relating to the benefits and administration of a statewide retirement system for volunteer firefighters and other emergency services personnel.

To Committee on State Affairs.

SB 1069 by Armbrister

Relating to restrictions on artificial recharge of the Edwards Aquifer.

To Committee on Natural Resources.

SB 1070 by Armbrister

Relating to development regulations in certain counties.

To Committee on Intergovernmental Relations.

SB 1071 by Armbrister

Relating to contested case hearings regarding applications for certain environmental permits.

To Committee on Natural Resources.

SB 1072 by Barrientos

Relating to students who drop out of public school.

To Committee on Education.

SB 1073 by Sibley

Relating to the Palo Pinto County Hospital District.

To Committee on Intergovernmental Relations.

77th Legislature — Regular Session 31st Day

SB 1074 by West, Barrientos, Moncrief, Van de Putte, Zaffirini, Truan, Cain

Relating to the prevention of racial profiling by certain peace officers.

To Committee on Criminal Justice.

SB 1075 by Carona

Relating to retail installment contracts.

To Committee on Business and Commerce.

SB 1076 by Carona

Relating to certain finance charges.

To Committee on Business and Commerce.

SB 1077 by Barrientos

Relating to the assessment of risks in determining the level of remediation required for contaminated property.

To Committee on Natural Resources.

SB 1078 by Barrientos

Relating to the date of an independent audit of the management and business operations of the Texas Department of Transportation.

To Committee on State Affairs.

SB 1079 by Barrientos

Relating to the creation and governance of an intermunicipal commuter rail district.

To Committee on Intergovernmental Relations.

SB 1080 by Moncrief

Relating to certain distressed or reconditioned food, drugs, devices, and cosmetics and certain licensed persons.

To Committee on Health and Human Services.

SB 1081 by Shapiro

Relating to the powers and rights of a cultural educational facilities finance corporation.

To Committee on Education.

SB 1082 by Harris

Relating to licensing, inspecting, surveying, and investigating certain nursing institutions.

To Committee on Health and Human Services.

SB 1083 by Harris

Relating to the regulation of certain nursing institutions.

To Committee on Health and Human Services.

SB 1084 by Harris

Relating to requiring hepatitis A vaccines for food service employees.

To Committee on Health and Human Services.

SB 1085 by Harris

Relating to the continuation of the advisory committee on inpatient mental health services.

To Committee on Health and Human Services.

Tuesday, March 6, 2001

SENATE JOURNAL

SB 1086 by Harris

Relating to the minimum qualifications of certain persons conducting a social study in a suit affecting the parent-child relationship.

To Committee on Jurisprudence.

SB 1087 by Harris

Relating to the membership of the Public Safety Commission.

To Committee on Criminal Justice.

SB 1088 by Harris

Relating to designating the Texas Rangers as a separate law enforcement division under the authority of the Public Safety Commission.

To Committee on Criminal Justice.

SB 1089 by Truan

Relating to eligibility for Vietnam veteran license plates.

To Committee on Veteran Affairs and Military Installations.

SB 1090 by Ellis

Relating to codifying in general law various riders in the General Appropriations Act.

To Committee on Finance.

SB 1091 by Ellis

Relating to limitations on payments for settlement of judgments made by state agencies from appropriated money.

To Committee on Finance.

SB 1092 by Ellis

Relating to directing payment, after approval, of certain miscellaneous claims and judgments against the state out of funds designated by this Act; making appropriations.

To Committee on Finance.

SB 1093 by Nelson

Relating to the creation of the County Court at Law No. 2 of Denton County and to the jurisdiction of and certain procedure in that court.

To Committee on Intergovernmental Relations.

SB 1094 by Nelson

Relating to the administration and jurisdiction of the statutory county courts in Denton County and to the operation of the statutory probate court in Denton County.

To Committee on Intergovernmental Relations.

SB 1095 by Carona

Relating to the comptroller's powers and duties concerning the property tax.

To Committee on Intergovernmental Relations.

SB 1096 by Cain, Armbrister, Carona, Moncrief, Nelson, West, Harris, Lucio

Relating to economic incentives to attract horse racing events of national significance.

To Committee on Business and Commerce.

SB 1097 by Madla

Relating to requiring the institutional division of the Texas Department of Criminal Justice to maintain current photographs of inmates.

To Committee on Criminal Justice.

77th Legislature — Regular Session 31st Day

SB 1098 by Madla

Relating to juror reimbursement in certain counties.

To Committee on Jurisprudence.

SENATE BILL 502 REREFERRED

Senator Sibley submitted a Motion In Writing requesting that SB 502 be withdrawn from the Committee on Jurisprudence and rereferred to the Committee on Finance.

The Motion In Writing prevailed without objection.

PHYSICIAN OF THE DAY

Senator Van de Putte was recognized and presented Dr. Michael Dominguez of San Antonio as the Physician of the Day.

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

SENATE BILL 272 RECOMMITTED

On motion of Senator Sibley and by unanimous consent, SB 272 was recommitted to the Committee on Business and Commerce.

REPORT OF COMMITTEE ON NOMINATIONS

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

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

Members, Teacher Retirement System of Texas Board of Trustees: Mary Alice Baker, Ph.D., Jefferson County; Terence S. Ellis, Austin County; Linus D. Wright, Dallas County.

Member, Employees Retirement System of Texas Board of Trustees: Carolyn Gallagher, Travis County.

Member, Commission on Human Rights: Mary E. Banks, Harris County.

Members, Texas Statewide Emergency Services Personnel Retirement Fund State Board of Trustees: Maxie L. Patterson, Harris County; Allen J. Scopel, Fort Bend County; Francisco R. Torres, Willacy County; Robert Weiss, Washington County.

Fire Fighters' Pension Commissioner: Morris E. Sandefer, Jr., Hardin County.

Member, Telecommunications Infrastructure Fund Board: Mart Dudley Nelson, P.E., Dallas County.

Members, Lower Neches Valley Authority Board of Directors: Bill L. Clark, Jefferson County; Cheryl D. Olesen, Jefferson County.

Tuesday, March 6, 2001

SENATE JOURNAL

Members, Red River Authority of Texas Board of Directors: Nathan James "Jim" Bell IV, Lamar County; Lisa Caldwell Brent, Potter County; Janie Matteson, Bowie County; Patricia Crawford Peale, Cooke County.

Members, Texas Board of Professional Engineers: Govind Nadkarni, Nueces County; James R. Nichols, P.E., Tarrant County; Vicki T. Ravenburg, Bexar County; Robert M. Sweazy, Lubbock County.

Members, Texas State Board of Plumbing Examiners: Min Chu, P.E., Harris County; Carol Lynne McLemore, Galveston County; Michael David Thamm, DeWitt County.

Members, Texas Veterans Commission: James Russell Adams, Dallas County; Leonardo Barraza, El Paso County.

Members, Board of Vocational Nurse Examiners: Rachel Gomez, L.V.N., Cameron County; Melody Lavon Hart, L.V.N., Andrews County; Rex H. Howard, Collin County; Beverley Jean Nutall, L.V.N., Brazos County; Anita Smith Palmer, Archer County; Wendy L. Prater-Dear, Harris County.

Members, Texas State Board of Podiatric Medical Examiners: Kathryn M. Boyd, Williamson County; Sandra E. Cuellar, D.P.M., Dallas County; Bradford Glass, D.P.M., Midland County.

Members, Texas Cosmetology Commission: Helen R. Quiram, McLennan County; Elida Zapata, Lubbock County.

Member, Crime Stoppers Advisory Council: Jimmy R. White, Tarrant County.

NOTICE OF CONSIDERATION OF NOMINATIONS

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

HOUSE CONCURRENT RESOLUTION 143

The President laid before the Senate the following resolution:

HCR 143, Designating March 5-6, 2001, as Tyler Days at the State Capitol.

CAIN

The resolution was read.

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

GUESTS PRESENTED

Senator Cain, joined by Senator Staples and President Ratliff, was recognized and introduced to the Senate a delegation of citizens from the City of Tyler, accompanied by District Judge Louis Gohmert, Mayor Kevin Eltife, and Tyler City Council members Reginald Garrett, Joyce Scurry, and Joey Seeber.

The Senate welcomed its guests.

77th Legislature — Regular Session 31st Day

GUEST PRESENTED

Senator Truan was recognized and introduced to the Senate former Senator Michael Galloway.

The Senate welcomed Senator Galloway.

GUESTS PRESENTED

Senator Zaffirini was recognized and introduced to the Senate José Luis López of Crystal City, accompanied by his daughter Laura Ann López and George Balderas, who were serving today as Honorary Senate Pages.

The Senate welcomed its guests.

SENATE RESOLUTION 37

Senator Bernsen offered the following resolution:

WHEREAS, On Tuesday, March 6, 2001, the proud citizens of Montgomery County will come to the State Capitol to celebrate Montgomery County Day; and

WHEREAS, Some of the distinguished groups who will be attending include the Community Chamber of Commerce, the Greater Conroe/Lake Conroe Chamber of Commerce, the South Montgomery Woodlands Chamber of Commerce, and the Magnolia Chamber of Commerce; the joint project of the Montgomery County Chambers will involve a group of over 200 people traveling to Austin; and

WHEREAS, The beautiful county is covered with timber, and part is in Sam Houston National Forest; many of the inhabitants work in Houston, and the local economy includes oil production and lumber; and

WHEREAS, Citizens of the county are proud that one of their first citizens, Dr. Charles Bellinger Stewart, helped design the Texas Lone Star Flag; Montgomery County was officially designated the Birthplace of the Lone Star Flag by the Texas Legislature in 1997; and

WHEREAS, Citizens are justly proud of another celebrated Montgomery County resident, Miss Laura Wilkinson, who recently brought home the gold medal in platform diving from the Sydney 2000 Olympic Games; and

WHEREAS, Historical places of interest include the Heritage Museum in Conroe, the largest town in the county; the museum is the restored home of a pioneer timber family, and it was moved to its present location in 1987 to create the exhibition; and

WHEREAS, Located in South Montgomery County, The Woodlands is a planned development and many of the residents living there also work in the area; the quality of life is excellent, and entertainment is provided at the Cynthia Woods Mitchell Pavilion, a Tinseltown Movie Theater, and the modern Woodlands Mall; and

WHEREAS, Opportunities for recreation abound; there is Lake Woodlands, and only about 20 miles north is Lake Conroe, where boating, fishing, and other water sports are available; it is a popular area for tourists as well as weekend cottages and lakeside homes; and

WHEREAS, It is indeed a pleasure and a privilege for the Texas Senate to honor this outstanding county and its fine citizens; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby congratulate the delegation coming to the State Capitol for Montgomery County Day; and, be it further

Tuesday, March 6, 2001

SENATE JOURNAL

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

The resolution was again read.

The resolution was previously adopted on Wednesday, January 17, 2001.

GUESTS PRESENTED

Senator Bernson, joined by Senator Staples, was recognized and introduced to the Senate a delegation of citizens from The Woodlands and Montgomery County, accompanied by Montgomery County Judge Alan B. Sadler, Greater Conroe/Lake Conroe Area Chamber of Commerce member Frank Denton, South Montgomery County Woodlands Chamber of Commerce member Vicki Fullerton, Magnolia Area Chamber of Commerce member Anne Sundquist, and Community Chamber of Commerce member Sherry Wetz.

The Senate welcomed its guests.

SENATE RESOLUTION 399

Senator Cain offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to welcome the students in the Gifted and Talented Program at Wills Point Junior High School on their visit to the State Capitol; and

WHEREAS, Wills Point Junior High is committed to giving a rigorous and diverse educational experience to those students who display a high aptitude for learning; students enrolled in the Gifted and Talented Program must keep a high grade point average and demonstrate an outstanding level of self-motivation and maturity; and

WHEREAS, The program features an inventive and progressive curriculum which endeavors to present students with a challenging academic experience while also giving them opportunities to explore real-world applications of the information they study in class; and

WHEREAS, Their trip to the State Capitol is an example of the type of rich learning experience Wills Point Junior High hopes to give its gifted and talented students; their visit will allow them to witness firsthand the state lawmaking process during the 77th Texas Legislature; and

WHEREAS, Knowing that the young persons enrolled in Wills Point Junior High's gifted and talented program will one day be leading our nation, the Texas Senate is delighted to have these bright students visit the State Capitol; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby welcome the students of the Wills Point Junior High Gifted and Talented Program to the Capitol and encourage these young people to pursue leadership positions in state and local government in the years to come; and, be it further

RESOLVED, That a copy of this Resolution be prepared for Wills Point Junior High Gifted and Talented students and their teachers 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 31st Day

GUESTS PRESENTED

Senator Cain was recognized and introduced to the Senate students from Wills Point Junior High School, accompanied by their teachers, principal, parents, and the Wills Point Chamber of Commerce president.

The Senate welcomed its guests.

(Senator Truan in Chair)

GUESTS PRESENTED

Senator Lindsay was recognized and introduced to the Senate a delegation from China National Petroleum Corporation.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Ellis was recognized and introduced to the Senate students from Best Elementary School in Houston and their teachers.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Jackson was recognized and introduced to the Senate a delegation from the Deer Park Chamber of Commerce Leadership 2001 program.

The Senate welcomed its guests.

SENATE RESOLUTION 372

Senator Barrientos offered the following resolution:

WHEREAS, The Senate of the State of Texas takes great pride in recognizing March 6, 2001, as Peace Corps Day in Texas; and

WHEREAS, Since its creation in 1961, over 160,000 Americans have heeded President Kennedy's call to serve their country, forming enduring bonds of goodwill and cooperation between the United States and 134 nations throughout the world; and

WHEREAS, Now in its 40th year of existence, the Peace Corps remains dedicated to its original purpose of expanding development, encouraging progress, and creating opportunity in the developing world; and

WHEREAS, Since 1961, 4,481 men and women from Texas have been Peace Corp volunteers; this number includes the 296 Texans who are currently serving in the corps; and

WHEREAS, Peace Corps volunteers perform vital work on behalf of the United States; as ambassadors at the grass-roots level, they help improve the lives of other people by making lasting contributions to agriculture, business development, education, the environment, health, and youth development in assisted nations; and

WHEREAS, Veteran corps members return to the United States prepared to make dynamic contributions to their own nation and capable of bringing a deeper understanding of other cultures and religions to their home communities; and

WHEREAS, The Senate of the State of Texas is proud of its citizens who have given of their time and talent to the Peace Corps; through their extraordinary contributions these volunteers have brought great honor to their state and nation; now, therefore, be it

Tuesday, March 6, 2001

SENATE JOURNAL

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby designate March 6, 2001, as Peace Corps Day in Texas and encourage all Texans to recognize the positive impact that Peace Corps volunteers have had on the world; and, be it further

RESOLVED, That a copy of this Resolution be prepared to encourage other Texans to volunteer for this estimable organization.

The resolution was again read.

The resolution was previously adopted on Wednesday, February 28, 2001.

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate Christine Cwik, President, Heart of Texas Peace Corps Association; Rick Weller, Vice-president; and Dick Pyle, Chairman of the Board, National Peace Corps Association.

The Senate welcomed its guests.

SENATE RESOLUTION 383

Senator West offered the following resolution:

WHEREAS, The Texas Senate is proud to welcome the participants in the Parents as Teachers program, who have travelled to the State Capitol on Parents as Teachers Day, March 6, 2001; and

WHEREAS, An award-winning early childhood parent education program that supports and empowers parents as their child's first and most influential teachers, Parents as Teachers (PAT) is based on sound research and is a partnership between home and school designed to give to children the best possible start in life; and

WHEREAS, The program was first brought to Texas in 1987 by the Mental Health Association in Texas, and there were three pilot sites; today there are about 120 sites, mainly in school district settings, which serve approximately 10,000 families; and

WHEREAS, Continuing to firmly support the Texas Parents as Teachers programs, the Mental Health Association in Texas assists by coordinating training, certification, state conferences, and technical assistance; and

WHEREAS, Parent educators provide childhood developmental information, including the latest in brain research; Parents as Teachers services include home visits, group meetings, developmental screenings, and links to community resources; and

WHEREAS, Serving a full range of families from diverse socioeconomic and ethnic backgrounds, the Texas Parents as Teachers program integrates neuroscience and child development information; and

WHEREAS, Some of the Parents as Teachers sites are part of a larger program that offers child care, mentoring, drug abuse counseling, gang intervention, and English tutoring; and

WHEREAS, Parents as Teachers is an excellent program in Texas, and it is truly deserving of legislative recognition; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the members of the Parents as Teachers program and applaud their commitment and contributions to the education of their children; and, be it further

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

The resolution was read.

77th Legislature — Regular Session 31st Day

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

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

GUESTS PRESENTED

Senator West was recognized and introduced to the Senate a delegation from the Parents as Teachers program.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Fraser was recognized and introduced to the Senate delegations from Leadership Belton and Leadership Temple.

The Senate welcomed its guests.

SENATE RESOLUTION 331

Senator Lucio offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pride in recognizing March 6, 2001, as Cotton Day at the State Capitol to honor the significant role cotton has played in the economic history of Texas; and

WHEREAS, Cotton farming began in Texas as early as 1745, and was practiced by Spanish missionaries living around present-day San Antonio; later, Anglo-American colonists who traveled to Texas with Stephen F. Austin would begin cultivating cotton on their settlements between the Trinity and Brazos rivers; and

WHEREAS, In the late 1850s and early 1860s, a sharp rise in cotton production occurred when new areas for planting were opened with the westward push of Texas settlers; and

WHEREAS, Several developments aided cotton production in West Texas, an arid region devoted to ranching; inventions like barbed wire, along with the expansion of the railroad and improved methods of irrigation, allowed cotton to be grown in the plains and the prairies of the Panhandle by the early 20th century; and

WHEREAS, Because of its pervasiveness, cotton earned the title of "King" in Texas; today, cotton is still King in Texas, with its annual cotton harvest accounting for approximately one-quarter of the nation's total cotton production; and

WHEREAS, Since 1991, the annual cotton crop in Texas has averaged 4.40 million bales; the total value of upland and pima lint cotton produced in Texas in 1999 was $1,022,238,000, and cottonseed value in 1999 was $158,960,000; and

WHEREAS, In this new millennium, uses for cotton are ever increasing; in addition to its fiber for cloth, cottonseeds are now used for cooking oils, livestock feed, and cleansing products, as well as for various other products made from its linters, hulls, and meats; and

WHEREAS, Texas is a major supplier of cotton for not only the United States, but for the world; major buyers of Texas cotton are located in Asia and in Mexico; and

WHEREAS, The state is especially proud of its tradition of cotton growth and production; cotton is a versatile crop which affords thousands of Texans their livelihood, and all those men and women associated with its production are truly deserving of legislative recognition; now, therefore, be it

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SENATE JOURNAL

RESOLVED, That the Senate of the State of Texas hereby designate March 6, 2001, as Cotton Day at the Capitol and extend a warm welcome to all those associated with the cotton industry who will visit Austin on this day; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the cotton industry as an expression of appreciation from the Texas Senate.

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

CONCLUSION OF MORNING CALL

The Presiding Officer, Senator Truan in Chair, at 11:49 a.m. announced the conclusion of morning call.

COMMITTEE SUBSTITUTE

SENATE BILL 517 ON THIRD READING

Senator Lucio 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:

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

There was objection.

Senator Lucio then moved to suspend the regular order of business to take up CSSB 517 for consideration at this time.

The motion prevailed by the following vote: Yeas 27, Nays 2, Present-not voting 2.

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

Nays: Shapiro, Staples.

Present-not voting: Harris, Mr. President.

The bill was read third time and was passed by the following vote: Yeas 22, Nays 7, Present-not voting 2.

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

Nays: Armbrister, Bivins, Brown, Gallegos, Shapiro, Staples, Whitmire.

Present-not voting: Harris, Mr. President.

(President in Chair)

SENATE BILL 157 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 157 be taken up for consideration at this time:

77th Legislature — Regular Session 31st Day

SB 157, Relating to the form of a proposal guaranty for a contract of the Texas Department of Transportation.

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

Present-not voting: Mr. President.

The bill was read second time.

Senator Truan offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 157 by striking SECTION 1 and substituting the following:

SECTION 1. Subchapter A, Chapter 223, Transportation Code, is amended by adding Section 223.014 to read as follows:

Sec. 223.014. FORM OF PROPOSAL GUARANTY. (a) If the department by rule requires a proposal guaranty as a condition of bidding for a contract, the guaranty may be in the form of:

(1) a cashier's check or money order drawn on a financial entity specified by the department;

(2) a bid bond issued by a surety authorized to do business in this state; or

(3) any other method determined to be suitable by the department.

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

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

SB 157 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 157 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 157 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 113 ON SECOND READING

Senator Moncrief moved that Senate Rule 7.13 and Section 5, Article III of the Texas Constitution be suspended and that SB 113 be taken up for consideration at this time:

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SENATE JOURNAL

SB 113, Relating to vehicle passenger safety systems; providing criminal penalties.

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, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini.

Nays: Staples.

Present-not voting: Mr. President.

Senator Moncrief asked unanimous consent to suspend the regular order of business to take up SB 113 for consideration at this time.

There was objection.

Senator Moncrief then moved to suspend the regular order of business to take up SB 113 for consideration at this time.

The motion prevailed by the following vote: Yeas 29, Nays 1, Present-not voting 1. (Same as previous roll call)

The bill was read second time.

Senator Bernsen offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 113 by adding Subsection (e) in SECTION 2 of the bill (Committee Printing, page 1, line 63):

(e)  It is a defense to prosecution under this section that:

(6)  The person is operating a commercial vehicle registered as a farm vehicle under the provisions of Sec. 502.163 of the Transportation Code and that does not have a gross weight, registered weight, or gross weight rating of 48,000 pounds or more.

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

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

SB 113 as amended was passed to engrossment by a viva voce vote.

RECORD OF VOTE

Senator Staples asked to be recorded as voting "Nay" on the passage of SB 113 to engrossment.

SENATE BILL 113 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 SB 113 be placed on its third reading and final passage.

77th Legislature — Regular Session 31st Day

The motion prevailed by the following vote: Yeas 28, Nays 2, Present-not voting 1.

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

Nays: Staples, Wentworth.

Present-not voting: Mr. President.

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

RECORD OF VOTE

Senator Staples asked to be recorded as voting "Nay" on the final passage of SB 113.

SENATE BILL 559 ON SECOND READING

Senator Madla moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that SB 559 be taken up for consideration at this time:

SB 559, Relating to the application of the open meetings law to certain committees, subcommittees, and similar entities that are created by the governing body of a municipality.

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

Present-not voting: Mr. President.

The bill was read second time.

Senator Madla offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 559 as follows:

(1)  In SECTION 1 of the bill insert the following in Section 551.001(4)(B)(iv) between "a" and "regional" (senate committee printing, page 1, line 62):

" local,".

(2)  In SECTION 1 of the bill insert the following in Section 551.001(4)(B)(iv) between "convention" and "or" (senate committee printing, page 1, line 62):

", training seminar," .

(3)  In SECTION 1 of the bill insert the following in Section 551.004(4)(B)(iv) before "or" (senate committee printing, page 2, line 1):

"training seminar,".

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

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

SB 559 as amended was passed to engrossment by a viva voce vote.

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SENATE BILL 559 ON THIRD READING

Senator Madla moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 559 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 78 ON SECOND READING

Senator Haywood moved that Senate Rule 7.13 and Section 5, Article III of the Texas Constitution be suspended and that SB 78 be taken up for consideration at this time:

SB 78, Relating to the liability of certain local chambers of commerce.

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

Present-not voting: Mr. President.

Senator Haywood asked unanimous consent to suspend the regular order of business to take up SB 78 for consideration at this time.

There was objection.

Senator Haywood then moved to suspend the regular order of business to take up SB 78 for consideration at this time.

The motion prevailed by the following vote: Yeas 26, Nays 4, Present-not voting 1.

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

Nays: Barrientos, Gallegos, Truan, West.

Present-not voting: Mr. President.

The bill was read second time and was passed to engrossment by the following vote: Yeas 26, Nays 4, Present-not voting 1. (Same as previous roll call)

77th Legislature — Regular Session 31st Day

SENATE BILL 78 ON THIRD READING

Senator Haywood moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 78 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 2, Present-not voting 1.

Yeas: Armbrister, 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: Barrientos, Wentworth.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 27, Nays 3, Present-not voting 1.

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

Nays: Barrientos, Gallegos, Truan.

Present-not voting: Mr. President.

COMMITTEE SUBSTITUTE

SENATE BILL 236 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 236 be taken up for consideration at this time:

CSSB 236, Relating to court-ordered medical support for certain children.

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

Present-not voting: Mr. President.

The bill was read second time.

Senator Harris offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 236 by striking all below the enacting clause and substituting the following:

SECTION 1.  Section 154.181, Family Code, is amended to read as follows:

Sec. 154.181.  MEDICAL SUPPORT ORDER. (a)  In a suit affecting the parent-child relationship or in a proceeding under Chapter 159, the court shall render an order for the medical support of the child as provided by this section.

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(b)  Before a hearing on temporary orders or a final order, if no hearing on temporary orders is held, the court shall require the parties to the proceedings to disclose in a pleading or other statement:

(1)  if private health insurance is in effect for the child, the source and quality of the insurance including any limitations on the coverage, which parent is responsible for payment of any insurance premium for the coverage, and the cost of the premium; or

(2)  if private health insurance is not in effect for the child, whether:

(A)  the child is receiving medical assistance under Chapter 32, Human Resources Code;

(B)  the child is receiving health benefits coverage under the Children's Health Insurance Program under Chapter 62, Health and Safety Code, and the cost of any premium; and

(C)  either parent has access to private health insurance at reasonable cost to that parent.

(c)  In rendering temporary orders, the court shall order that any health insurance coverage in effect for the child continue in effect pending the rendition of a final order, except that the court shall not require the continuation of any health insurance that is not available to the parent at reasonable cost. If there is no health insurance coverage in effect for the child or if the insurance in effect is not available at a reasonable cost and the child is not receiving medical assistance under Chapter 32, Human Resources Code, or coverage under the Children's Health Insurance Program under Chapter 62, Health and Safety Code, the court shall order health care coverage for the child as provided under Section 154.182.

(d)  Except for good cause shown, before rendering a final order the court shall require the parent ordered to provide health care coverage for the child as provided under Section 154.182 to produce evidence to the court's satisfaction that the parent has applied for or secured health insurance or has otherwise taken necessary action to provide for health care coverage for the child, as ordered by the court.

(e)  For the purposes of this section, "reasonable cost" means the cost of a health insurance premium that does not exceed 10 percent of the responsible parent's net income in a month.

SECTION 2.  Subsections (b) and (c), Section 154.182, Family Code, are amended to read as follows:

(b)  In [Except as provided for by Subdivision (6), in ] determining the manner in which health insurance for the child is to be ordered, the court shall render its order in accordance with the following priorities, unless a party shows good cause why a particular order would not be in the best interest of the child:

(1)  if health insurance is available for the child through the obligor's employment or membership in a union, trade association, or other organization at reasonable cost to the obligor, the court shall order the obligor to include the child in the obligor's health insurance;

(2)  if health insurance is not available for the child through the obligor's employment but is available for the child at a reasonable cost through the obligee's employment or membership in a union, trade association, or other organization, the court may order the obligee to provide health insurance for the child, and, in such event, shall order the obligor to pay additional child support to be withheld from earnings under Chapter 158 to the obligee for the actual cost of the health insurance for the child;

77th Legislature — Regular Session 31st Day

(3)  if health insurance is not available for the child under Subdivision (1) or (2), the court shall order the obligor to provide health insurance for the child if the court finds that health insurance is available to the obligor for the child from another source and at reasonable cost [that the obligor is financially able to provide it ];

(4)  if neither parent has access to private health insurance at a reasonable cost, the court shall order that the custodial parent or, to the extent permitted by law, the noncustodial parent immediately apply on behalf of the child for participation in a medical assistance program under Chapter 32, Human Resources Code, or the Children's Health Insurance Program under Chapter 62, Health and Safety Code, and that the obligor pay additional child support, to be withheld from income under Chapter 158, to the obligee for the actual cost of participation of the child in such program [health insurance is not available for the child under Subdivision (1), (2), or (3), the court shall order the obligor to apply for coverage through the Texas Healthy Kids Corporation established under Chapter 109, Health and Safety Code ]; or

(5)  if health coverage is not available for the child under Subdivision (1), (2), (3), or (4), the court shall order the obligor to pay the obligee, in addition to any amount ordered under the guidelines for child support, a reasonable amount each month as medical support for the child to be withheld from earnings under Chapter 158[; or

[(6)  notwithstanding Subdivisions (1) through (3), an obligor whose employer, union, trade association, or other organization does not offer a child/children coverage option in lieu of a spouse/child/children option of health insurance coverage may elect to apply for coverage through the Texas Healthy Kids Corporation. An obligor required to pay additional child support to an obligee for health insurance coverage may elect to apply for coverage through the Texas Healthy Kids Corporation if the obligee's employer, union, trade association, or other organization does not offer a child/children coverage option in lieu of a spouse/child/children option of health insurance coverage ].

(c)  As used in this section, "reasonable cost" has the meaning assigned by Section 154.181(e) [In establishing the amount of additional medical child support under Subsection (b)(5), the court shall presume that $38 each month is a reasonable amount for a child but may order a greater or lesser amount as appropriate under the circumstances. The Health and Human Services Commission may promulgate guidelines for the dollar amounts of medical child support that the court may presumptively apply in circumstances in which the obligor is responsible for medical child support for more than one child ].

SECTION 3.  To the extent necessary to implement the provisions of this Act, the attorney general and the Health and Human Services Commission shall:

(1)  request any waiver or authorization from a federal agency with respect to the provision of medical assistance under Chapter 32, Human Resources Code, or the operation of a state child health plan under Chapter 62, Health and Safety Code; and

(2)  develop and publish appropriate rules.

SECTION 4.  This Act takes effect immediately if it receives a vote of two-thirds of all members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2002.

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

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

CSSB 236 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 236 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 236 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

COMMITTEE SUBSTITUTE

SENATE BILL 220 ON SECOND READING

Senator Shapiro moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that CSSB 220 be taken up for consideration at this time:

CSSB 220, Relating to the regulation and enforcement of weight limitations and safety standards for certain motor vehicles; providing penalties.

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

Present-not voting: Mr. President.

The bill was read second time.

Senator Shapiro offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 220 by striking all of SECTION 3 and replacing with the following:

SECTION 3. Section 621.301(a), Transportation Code, is amended to read as follows:

(a) The commissioners court of a county may establish load limits for any county road or bridge only with the concurrence of the Texas Department of Transportation. A load limit shall be deemed concurred with by the Department 30 days after the county submits the load limits to the Department, though the Department may review the load limits and withdraw concurrence at any time after the 30 day period.

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

77th Legislature — Regular Session 31st Day

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 220 as follows:

On page 3, line 23 add the following language: The holder of a permit shall notify the county judge within 24 hours of any operation of a vehicle on a bridge if the gross weight of the vehicle and load or the axles and wheel loads are greater than the limits established by the county.

The amendment was read.

On motion of Senator Ogden and by unanimous consent, Floor Amendment No. 2 was withdrawn.

On motion of Senator Shapiro and by unanimous consent, further consideration of CSSB 220 was temporarily postponed.

Question—Shall CSSB 220 as amended be passed to engrossment?

SENATE BILL 565 ON SECOND READING

Senator Armbrister moved that Senate Rule 7.13, Section 5, Article III of the Texas Constitution, and the regular order of business be suspended and that SB 565 be taken up for consideration at this time:

SB 565, Relating to security for public securities issued by governmental entities.

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

Present-not voting: Mr. President.

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

SENATE BILL 565 ON THIRD READING

Senator Armbrister moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 565 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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COMMITTEE SUBSTITUTE

SENATE BILL 220 ON SECOND READING

The President laid before the Senate as postponed business CSSB 220. The bill was read second time and amended and further consideration was temporarily postponed.

CSSB 220, Relating to the regulation and enforcement of weight limitations and safety standards for certain motor vehicles; providing penalties.

Question—Shall CSSB 220 as amended be passed to engrossment?

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 3

Amend CSSB 220 as follows:

On page 3, line 23 add the following language: The holder of a permit shall notify the office of the county judge or the office of the sheriff within 24 hours prior to any operation of a vehicle on a bridge if the gross weight of the vehicle and load or the axles and wheel loads are greater than the limits established by the county.

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

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

CSSB 220 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 220 ON THIRD READING

Senator Shapiro moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 220 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 RULES SUSPENDED

(Posting Rules)

On motion of Senator Shapiro and by unanimous consent, Senate Rule 11.10 and Senate Rule 11.18 were suspended in order that the Committee on State Affairs might meet and consider the following bills today: SB 187, SB 247.

77th Legislature — Regular Session 31st Day

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Congratulatory Resolutions

SR 406 by Staples, Commending the Henderson County 4H Program.

SR 408 by Whitmire, Congratulating Cecil Mae Logan Blocker.

SR 412 by Ellis, Congratulating the Reverend Ameal Jones, Sr., of Houston.

SR 413 by Ellis, Commending the members of the Nu Phi Chapter of Omega Psi Phi Fraternity, Incorporated.

SR 414 by Ellis, Commending the Houston branch of the National Association for the Advancement of Colored People.

HCR 183 (Barrientos), Honoring the National Board Certified Teachers in Texas and school districts that support the National Board for Professional Teaching Standards program.

ADJOURNMENT

On motion of Senator Truan, the Senate at 12:52 p.m. adjourned until 11:00 a.m. tomorrow.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

March 6, 2001

STATE AFFAIRS — CSSB 6

CRIMINAL JUSTICE — SB 340, CSSB 577, CSSB 661, CSSB 671, CSSB 437

JURISPRUDENCE — SB 723, SB 252, SB 788, CSSB 561

HEALTH AND HUMAN SERVICES — CSSB 22