Thursday, March 8, 2001

SENATE JOURNAL

THIRTY-THIRD DAY

Thursday, March 8, 2001

PROCEEDINGS

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

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

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

The Right Reverend Monsignor Lonnie Reyes, Saint Julia Catholic Church, Austin, offered the invocation as follows:

Lord, our God, we humbly ask Your divine blessings upon Your servants in this Senate Chamber. With Your prophet Micah, we humbly pray: "What shall I bring to the lord, the God of heaven, when I come to worship him? Shall I bring the best calves as offerings to him? Shall I offer him my first-born child? No, says the lord. What he requires of us is this: to do justice, to show mercy, and to live in humble fellowship with our God." (Micah 6:6ff.)

Lord, our God, supreme lawgiver, help us as lawmakers to be just and merciful in our applications and to live Your concern for those most in need. Bless us, Lord our God, with good health; keep our families in Your loving care and bless our state with peace, prosperity, and good fellowship. We ask this in Your name. Amen.

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

CO-AUTHOR OF SENATE BILL 509

On motion of Senator Moncrief and by unanimous consent, Senator Madla will be shown as Co-author of SB 509.

CO-AUTHOR OF SENATE BILL 772

On motion of Senator Harris and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 772.

CO-AUTHOR OF SENATE BILL 876

On motion of Senator Moncrief and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 876.

77th Legislature — Regular Session 33rd Day

CO-AUTHOR OF SENATE BILL 1140

On motion of Senator Carona and by unanimous consent, Senator Truan will be shown as Co-author of SB 1140.

PHYSICIAN OF THE DAY

Senator Bivins, on behalf of President Ratliff, was recognized and presented Dr. Max Latham of Sulphur Springs as the Physician of the Day.

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

RESOLUTIONS SIGNED

The President announced the signing of the following enrolled resolutions in the presence of the Senate: HCR 143, HCR 183.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

March 8, 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 191, In honor of the contributions of the Boys and Girls Clubs of Texas.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

MESSAGE FROM THE GOVERNOR

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

Austin, Texas

March 6, 2001

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

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

TO BE A MEMBER OF THE BOARD OF VOCATIONAL NURSE EXAMINERS for a term to expire September 6, 2001:

Thursday, March 8, 2001

SENATE JOURNAL

Joyce M. Adams, Ph.D., R.N.

5434 Botany Lane

Houston, Texas 77048

(will be filling the unexpired term of Betty Sims of Beeville who resigned)

TO BE MEMBERS OF THE TEXAS LOTTERY COMMISSION for terms as stated below:

To expire February 1, 2003:

Walter H. Criner, Sr.

9219 Petersham

Houston, Texas 77031

(to replace Anthony Sadberry of Houston whose term expired)

To expire February 1, 2007:

Betsy Whitaker

6431 Malcolm Circle

Dallas, Texas 75214

(Reappointment)

TO BE MEMBERS OF THE TEXAS BOARD OF HUMAN SERVICES for terms as indicated below:

To expire January 20, 2003:

Jon M. Bradley

9606 Hillview Drive

Dallas, Texas 75231

(to replace Bill Jones of Houston who resigned)

To expire January 20, 2007:

Manson B. Johnson

P.O. Box 3051

Houston, Texas 77253-3051

(to replace Carole Woodard of Galveston whose term expired)

Respectfully submitted,

/s/Rick Perry

Governor

SENATE BILLS AND RESOLUTIONS ON FIRST READING

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

SB 5 by Brown, Jackson

Relating to the Texas emissions reduction plan; providing a penalty.

To Committee on Natural Resources.

SB 310 by Harris

Relating to the continuation and functions of the Railroad Commission of Texas.

To Committee on Natural Resources.

SB 311 by Zaffirini

Relating to the continuation and functions of the General Services Commission and to the operations of certain other state agencies having functions transferred from or

77th Legislature — Regular Session 33rd Day

associated with the commission, including the Department of Information Resources, the telecommunications planning and oversight council, the interagency work group for developing contracting guidelines, and the State Cemetery Committee.

To Committee on State Affairs.

SB 312 by Zaffirini

Relating to the review and functions of the Texas Water Development Board.

To Committee on Natural Resources.

SB 313 by Zaffirini

Relating to the continuation and functions of the Texas Funeral Service Commission.

To Committee on State Affairs.

SB 314 by Sibley

Relating to continuation and functions of the Texas Department of Banking and the regulation of certain financial institutions and businesses; providing an administrative penalty.

To Committee on Business and Commerce.

SB 315 by Sibley

Relating to continuation and functions of the Savings and Loan Department and the regulation of certain financial institutions and businesses.

To Committee on Business and Commerce.

SB 316 by Sibley

Relating to the continuation and functions of the Finance Commission of Texas and the regulation of certain financial institutions and businesses.

To Committee on Business and Commerce.

SB 317 by Sibley

Relating to continuation and functions of the Office of Consumer Credit Commissioner and the regulation of certain financial businesses.

To Committee on Business and Commerce.

SB 318 by Harris, Brown

Relating to the continuation and functions of the Texas Natural Resource Conservation Commission.

To Committee on Natural Resources.

SB 319 by Lucio

Relating to the continuation and functions of the Texas Interagency Council for the Homeless.

To Committee on Health and Human Services.

SB 320 by Lucio

Relating to the continuation and functions of the Texas State Affordable Housing Corporation.

To Committee on Intergovernmental Relations.

SB 1151 by Van de Putte

Relating to the duties of employers and insurance carriers in a workers' compensation proceeding.

To Committee on Business and Commerce.

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SENATE JOURNAL

SB 1152 by Van de Putte

Relating to establishing the Tex Rx plan.

To Committee on Health and Human Services.

SB 1153 by Van de Putte

Relating to the regulation of certain insurance adjusters by the Texas Commission on Private Security.

To Committee on Business and Commerce.

SB 1154 by Shapleigh

Relating to information included on the Internet website of the Texas Department of Transportation.

To Committee on State Affairs.

SB 1155 by Ellis

Relating to the names of certain entities within The University of Texas System.

To Committee on Education.

SB 1157 by Fraser

Relating to the ratification of the creation of and to the administration, powers, duties, operation, taxing authority, and financing of the Lone Wolf Groundwater Conservation District.

To Committee on Natural Resources.

SB 1158 by Fraser

Relating to the operation of the Mitchell County Hospital District.

To Committee on Intergovernmental Relations.

SB 1159 by Truan

Relating to improving the provision of state veteran services.

To Committee on Veteran Affairs and Military Installations.

SB 1160 by Truan, Zaffirini

Relating to the location of new veterans homes.

To Committee on Veteran Affairs and Military Installations.

SB 1161 by Truan

Relating to the regulation of low-speed electric vehicles.

To Committee on State Affairs.

SB 1162 by Truan

Relating to prohibiting the operation of a vehicle on dunes; providing a criminal penalty.

To Committee on Natural Resources.

SB 1163 by Truan

Relating to creation of the Texas Veterans Cemetery System.

To Committee on Veteran Affairs and Military Installations.

SB 1164 by Truan, Shapleigh, Van de Putte

Relating to a five-year strategic infrastructure plan for state military installations.

To Committee on Veteran Affairs and Military Installations.

77th Legislature — Regular Session 33rd Day

SB 1165 by Truan

Relating to the qualifications for appointment as the adjutant general.

To Committee on Veteran Affairs and Military Installations.

SB 1166 by Madla

Relating to the authority of certain advanced practice nurses and physician assistants to prescribe drugs.

To Committee on Health and Human Services.

SB 1167 by Madla

Relating to the administration, powers, duties, and operations of certain emergency services districts; providing criminal penalties.

To Committee on Intergovernmental Relations.

SB 1168 by Madla

Relating to authorizing counties to order a referendum on the increase or decrease of flood control taxes or the use of funds generated by flood control taxes.

To Committee on Intergovernmental Relations.

SB 1169 by Madla

Relating to the authority of a criminal law magistrate in Bexar County to rule on an issue of law or fact.

To Committee on Criminal Justice.

SB 1170 by Madla

Relating to the acreage exemption from municipal subdivision and platting requirements.

To Committee on Intergovernmental Relations.

SB 1171 by Madla

Relating to authorizing certain populous counties to recover certain transaction fees for fines and other charges paid by credit card.

To Committee on Intergovernmental Relations.

SB 1172 by Wentworth

Relating to the authority of municipalities and counties to regulate subdivisions in the extraterritorial jurisdiction of a municipality.

To Committee on Intergovernmental Relations.

SB 1173 by Wentworth

Relating to authorizing the issuance of not more than $9 million in revenue bonds for the benefit of the Fleet Admiral Chester W. Nimitz Memorial Naval Museum.

To Committee on Finance.

SB 1174 by Wentworth

Relating to the punishment for the offense of criminal mischief involving a public water supply.

To Committee on Criminal Justice.

SB 1175 by Wentworth

Relating to the administration of the weather modification program; providing penalties.

To Committee on Natural Resources.

Thursday, March 8, 2001

SENATE JOURNAL

SB 1176 by Gallegos, Whitmire

Relating to certain nondisciplinary actions against certain police officers and to the records of overturned disciplinary actions or charges of misconduct against certain firefighters and police officers.

To Committee on Intergovernmental Relations.

SB 1177 by Gallegos

Relating to payment of municipal fees and fines by electronic means.

To Committee on Intergovernmental Relations.

SB 1178 by Gallegos

Relating to the procedure under the open meetings law in certain independent school districts for the appointment of a school trustee.

To Committee on Education.

SB 1179 by Gallegos, Whitmire

Relating to alternative dispute resolution procedures in certain police departments.

To Committee on Intergovernmental Relations.

SB 1180 by Gallegos

Relating to the filing deadline for candidacy for the governing body of certain school districts.

To Committee on Education.

SB 1181 by Shapleigh

Relating to requiring employees of health insurers and related entities to disclose certain information.

To Committee on Business and Commerce.

SB 1182 by Wentworth

Relating to categories of information that are presumed to be available to the public under the public information law.

To Committee on State Affairs.

SB 1183 by Van de Putte

Relating to reimbursement for expenses of collecting a short-term motor vehicle rental tax.

To Committee on Intergovernmental Relations.

SB 1184 by Van de Putte, Ellis

Relating to simplified sales and use tax administration.

To Committee on Finance.

SB 1185 by Whitmire

Relating to the construction of telecommunications facilities.

To Committee on Business and Commerce.

SB 1186 by Shapleigh

Relating to the ranking of undergraduate state universities by the Texas Higher Education Coordinating Board.

To Committee on Education.

77th Legislature — Regular Session 33rd Day

SB 1187 by Wentworth

Relating to state funding for school districts that have not more than 400 students in average daily attendance.

To Committee on Education.

SB 1188 by Harris, Staples

Relating to the creation of an office of inspector general.

To Committee on Administration.

SB 1189 by Ellis

Relating to an exemption from ad valorem taxation of property owned by nonprofit corporations that provide chilled water and steam to certain health-related institutions of this state.

To Committee on Intergovernmental Relations.

SB 1190 by Ellis

Relating to technology development and transfer by institutions of higher education.

To Committee on Education.

SB 1191 by Ellis

Relating to the degree-granting authority of The University of Texas M. D. Anderson Cancer Center.

To Committee on Education.

SB 1192 by West, Ellis

Relating to the exclusive authority of the attorney general to represent the state before the United States Supreme Court in all matters.

To Committee on Jurisprudence.

SB 1193 by West

Relating to the creation of the joint interim committee on substance abuse and crime prevention to evaluate the potential benefits of drug treatment and counseling as an alternative to incarceration of nonviolent drug offenders.

To Committee on Administration.

SB 1194 by Wentworth

Relating to the protection of bats; providing a penalty.

To Committee on Natural Resources.

SB 1195 by Wentworth

Relating to the creation of an offense involving the supervision of a vehicle operator holding an instruction permit.

To Committee on Criminal Justice.

SB 1196 by Truan

Relating to the use of certain practices in disciplining public school students.

To Committee on Education.

SB 1197 by Carona

Relating to the creation of a blue ribbon panel to study and make recommendations for a strategic plan for the education, prevention and treatment of problem gambling and an interagency council to coordinate the state's resources in meeting the needs of

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SENATE JOURNAL

individuals, families, businesses, organizations and communities impacted by problem and pathological gambling.

To Committee on State Affairs.

SB 1198 by Carona

Relating to inspection of elevators, escalators, moving sidewalks, and related equipment; providing an administrative penalty.

To Committee on Business and Commerce.

SB 1199 by Barrientos

Relating to a primary election filing fee and petition requirements for certain judicial candidates.

To Committee on Jurisprudence.

SB 1200 by Shapiro

Relating to a franchise tax credit for contributions to organizations assisting educationally disadvantaged children.

To Committee on Finance.

SB 1201 by Shapiro

Relating to the punishment of certain offenses involving the breach of computer security.

To Committee on Criminal Justice.

SB 1202 by Zaffirini, Barrientos

Relating to the limits on compensation paid by the state to certain victims of crime.

To Committee on Criminal Justice.

SB 1203 by Brown, Bernsen

Relating to coastal area hazard reduction and recovery planning and operations.

To Committee on Natural Resources.

SB 1204 by Shapiro

Relating to an interim committee on revenue sources for local transportation infrastructure.

To Committee on Administration.

SB 1205 by Jackson

Relating to the exemption of certain courses of instruction from proprietary school certification.

To Committee on Education.

SB 1206 by Jackson

Relating to risk assessment procedures used in the sex offender registration program and to duties and immunities for officers and employees who administer the program.

To Committee on Criminal Justice.

SB 1207 by Sibley

Relating to validating certain actions and the boundaries of the Acton Municipal Utility District.

To Committee on Natural Resources.

SB 1208 by West

Relating to court costs.

To Committee on Jurisprudence.

77th Legislature — Regular Session 33rd Day

SB 1209 by West

Relating to the regulation of cloning of human beings; providing penalties.

To Committee on Jurisprudence.

SB 1210 by West

Relating to certain attorneys and law clerks employed by a court.

To Committee on Jurisprudence.

SB 1211 by Whitmire

Relating to the presentation of the state flag to survivors of deceased peace officers.

To Committee on State Affairs.

SB 1212 by Zaffirini

Relating to the examination for licensure as a chemical dependency counselor.

To Committee on Health and Human Services.

SB 1213 by Zaffirini

Relating to the appearance of a driver's license issued to a person who is under 21 years of age.

To Committee on Criminal Justice.

SB 1214 by Madla

Relating to authorizing defense base development authorities to enter into credit agreements and to create nonprofit airport facility financing corporations.

To Committee on Veteran Affairs and Military Installations.

SB 1215 by Madla

Relating to priorities for issues of qualified residential rental project bonds under the private activity bond allocation program.

To Committee on Intergovernmental Relations.

SB 1216 by Madla, Zaffirini

Relating to establishing a program to recruit rural medical students for service in rural communities.

To Committee on Health and Human Services.

SB 1217 by Shapleigh

Relating to unsolicited commercial electronic mail.

To Committee on Business and Commerce.

SB 1218 by Shapleigh

Relating to liability for prohibited initiation or delivery of unsolicited electronic mail advertisements.

To Committee on Business and Commerce.

SB 1219 by Bernsen

Relating to the share of the cost of a coastal erosion response study or project required to be paid by a qualified project partner under an agreement with the commissioner of the General Land Office.

To Committee on Natural Resources.

SB 1220 by Ellis

Relating to the abolition of the State Advisory Committee on Child-Care Programs.

To Committee on Health and Human Services.

Thursday, March 8, 2001

SENATE JOURNAL

SB 1221 by Whitmire

Relating to the use of a computerized voice stress analyzer by a licensed peace officer during a criminal investigation.

To Committee on Criminal Justice.

SB 1222 by Whitmire

Relating to the regulation of certain extra job coordinators by the Texas Commission on Private Security.

To Committee on Criminal Justice.

SB 1223 by West

Relating to court reporters and court reporting firms.

To Committee on Jurisprudence.

SB 1263 by Ellis

Relating to state taxes.

To Committee on Finance.

SB 1317 by Staples

Relating to allowing certain retirees of the Teacher Retirement System of Texas to be employed without losing retirement benefits.

To Committee on Education.

SB 1323 by Sibley

Relating to the recognition of certain foreign partnerships, associations, and other entities and the enforcement of related rights and obligations.

To Committee on Business and Commerce.

SJR 34 by Madla

Proposing a constitutional amendment to enhance agricultural production of grapes and promote tourism in Texas by granting the right to sell and taste wine in a winery.

To Committee on State Affairs.

SJR 35 by Wentworth, Armbrister, Bivins, Brown, Corona, Ellis, Duncan, Lindsay, Lucio, Moncrief, Nelson, Ogden, Shapiro, Sibley, Van de Putte, Fraser, Jackson, Shapleigh, Whitmire, Zaffirini, Bernsen, Cain, Harris, Haywood, Madla, Truan, West, Staples, Barrientos, Gallegos

Proposing a constitutional amendment relating to the time for legislative and congressional redistricting following release of the federal decennial census.

To Committee on Redistricting.

(Senator Van de Putte in Chair)

GUESTS PRESENTED

Senator Staples was recognized and introduced to the Senate students from Palestine Christian School in Palestine, accompanied by their teachers.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Brown was recognized and introduced to the Senate fifth- and sixth-grade students from the Carden-Jackson School in Pearland, accompanied by their teachers and administrators.

The Senate welcomed its guests.

77th Legislature — Regular Session 33rd Day

GUESTS PRESENTED

Senator Ellis was recognized and introduced to the Senate Dr. Selina Ahmed, Professor of Foods and Nutrition at Texas Southern University in Houston, accompanied by a group of students from the Texas Southern University Dietic Club.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Nelson, joined by Senator West, was recognized and introduced to the Senate senior students from Duncanville High School in Duncanville, accompanied by their teachers.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate a delegation from the Texas Association of Community Action Agencies.

The Senate welcomed its guests.

SENATE RESOLUTION 384

Senator Ogden offered the following resolution:

WHEREAS, The Senate of the State of Texas is proud to recognize the valuable work of Boys and Girls Clubs in Texas and to honor the young person who will be the winner of the organizations' Texas State Youth of the Year contest; and

WHEREAS, Boys and Girls Clubs are in neighborhood-based buildings in 122 cities in Texas which serve an estimated 275,000 school-aged young people; they provide at-risk boys and girls with an after-school experience that will help them realize their full potential as productive, responsible, and caring citizens; and

WHEREAS, With facilities that are open to children on a daily basis, Boys and Girls Clubs employ full-time, trained youth development professionals who act as positive role models and mentors; and

WHEREAS, Through strong, proven development programs that stress character and leadership development, education and career development, health and life skills, and the arts, sports, fitness, and recreation, Boys and Girls Clubs help children achieve positive self-identities, life management skills, and strong moral compasses; and

WHEREAS, On March 8, Boys and Girls Clubs across Texas will choose one member as their Texas State Youth of the Year; this person will have the great honor of representing Texas at the National Youth of the Year contest for Boys and Girls Clubs of America; and

WHEREAS, A program which aspires to the highest degree of altruism, Boys and Girls Clubs help Texas and its children achieve a brighter future; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend Boys and Girls Clubs across Texas for the invaluable service they render to Texas families and congratulate the winner of the Texas State Youth of the Year contest on that person's grand accomplishment; and, be it further

Thursday, March 8, 2001

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RESOLVED, That a copy of this Resolution be prepared for all the Boys and Girls Clubs of Texas and for the designated Texas State Youth of the Year as an expression of great esteem from the Texas Senate.

The resolution was read.

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

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

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate Nova Erica-Chiffone Robinson of Abilene, Brandon Hatchell of Abilene, Aaron Ramirez of McAllen, Jose Espinosa of San Antonio, Lonnie McGlothin of Marshall, Jonathan Lopez of Bryan, Haley Molsbee of Gainesville, and Raquel Ford of Dallas.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Zaffirini was recognized and introduced to the Senate David Ojeda, Salvador Vargas, Ernest White, Antehia Rubio, and Nyssa Puente, all of Dimmit County; County Commissioner Gilberto Uribe, Jr., of Duval County; County Commissioner Oscar O. Gonzalez of Jim Hogg County; Diane Fe Gonzalez of La Salle County; Francisco G. Zarate, Jorge Zamora, Adrian Clark, Alda Clark, Lydia T. Piper, and Toni Botello, all of Starr County; and Cynthia Mares, Jerry Castro, Carmen Martinez, and Leticia Martinez, all of Webb County.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Shapiro was recognized and introduced to the Senate Girl Scouts from Troop 66 in Plano, accompanied by their sponsors.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate a delegation of members of the Texas Dietic Association.

The Senate welcomed its guests.

CONCLUSION OF MORNING CALL

The Presiding Officer, Senator Van de Putte in Chair, at 11:36 a.m. announced the conclusion of morning call.

(President in Chair)

SENATE BILL 848 ON SECOND READING

Senator Ellis 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 848 be taken up for consideration at this time:

77th Legislature — Regular Session 33rd Day

SB 848, Relating to crediting interest to a suspense account of the comptroller and transferring accumulated interest from the account.

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 848 ON THIRD READING

Senator Ellis moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 848 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 716 ON SECOND READING

Senator Duncan 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 716 be taken up for consideration at this time:

CSSB 716, Relating to programs to promote agriculture and economic development in rural areas of this state.

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.

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

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SENATE BILL 120 ON SECOND READING

Senator Wentworth 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 120 be taken up for consideration at this time:

SB 120, Relating to the sealing of certain affidavits on which search warrants are based.

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, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini.

Nays: Ogden.

Present-not voting: Mr. President.

The bill was read second time.

Senator Wentworth offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend SB 120 as follows:

(1) On page 5, lines 26-27, strike Subdivision (2) and substitute the following:

(2) affect the right of a defendant to obtain a copy of the affidavit.

(2) On page 2, line 2, insert "factual" between "a" and "showing".

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

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

SB 120 as amended was passed to engrossment by a viva voce vote.

RECORD OF VOTE

Senator Ogden asked to be recorded as voting "Nay" on the passage of SB 120 to engrossment.

SENATE BILL 665 ON SECOND READING

Senator Moncrief 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 665 be taken up for consideration at this time:

SB 665, Relating to the creation of an office within the Health and Human Services Commission for coordinating the delivery of early childhood services.

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.

77th Legislature — Regular Session 33rd Day

SENATE BILL 665 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 665 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 243 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 SB 243 be taken up for consideration at this time:

SB 243, Relating to financing capital improvements and facility expansions through the assessment of impact fees; providing a civil penalty.

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 243 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 SB 243 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.

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COMMITTEE SUBSTITUTE

SENATE BILL 415 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 CSSB 415 be taken up for consideration at this time:

CSSB 415, Relating to operation of the Texas Medical Liability Insurance Underwriting Association and to participation of nursing homes in that association.

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.

COMMITTEE SUBSTITUTE

SENATE BILL 415 ON THIRD READING

Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 415 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 832 ON SECOND READING

Senator Moncrief 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 832 be taken up for consideration at this time:

SB 832, Relating to requiring reports from the Health and Human Services Commission about the state Medicaid program.

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.

77th Legislature — Regular Session 33rd Day

SENATE BILL 832 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 832 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

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

Present-not voting: Mr. President.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Moncrief and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Health and Human Services might consider the following bills today: SB 43, SB 375.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolution

SR 427 by Cain, In memory of Edwin Arnold Spacek of Quitman.

Congratulatory Resolutions

SR 431 by Van de Putte, Commending the Young Men's Christian Association of San Antonio.

SR 432 by Van de Putte, Commending the Young Men's Christian Association of the United States.

SR 433 by Ellis, Congratulating Alexander E. Briseno of San Antonio.

SR 435 by Cain, Congratulating Margaret Puryear.

SR 436 by Staples, Honoring the Blue Lacy dog breed.

HCR 191 (Ogden), In honor of the contributions of the Boys and Girls Clubs of Texas.

Designation Resolution

SR 434 by Staples, Recognizing March 7, 2001, as Jasper Day at the State Capitol.

Thursday, March 8, 2001

SENATE JOURNAL

ADJOURNMENT

On motion of Senator Truan, the Senate at 12:30 p.m. adjourned, in memory of Dr. James E. McClellan of Corpus Christi, until 1:00 p.m. Monday, March 12, 2001.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

March 8, 2001

STATE AFFAIRS — CSSB 187, CSSB 247

BUSINESS AND COMMERCE — SB 377, CSSB 431, SB 366, SCR 21, CSSB 693, CSSB 584, SB 712, CSSB 866, SB 867 (Amended), SB 965, SB 990, SB 991

INTERGOVERNMENTAL RELATIONS — CSSB 94, SB 299 (Amended), CSSB 354, SB 647, SB 726, CSSB 738

NATURAL RESOURCES — SB 926, SB 673, CSSB 725, SB 746, CSSB 835, CSSB 925

EDUCATION — SB 104, SB 477, SB 538, SB 627, SB 628, SB 524, SB 462, SB 450, SB 218