Wednesday, April 11, 2001

SENATE JOURNAL

FIFTY-SECOND DAY

Wednesday, April 11, 2001

PROCEEDINGS

The Senate met at 10:00 a.m. pursuant to adjournment and was called to order by the President.

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

Absent-excused: Harris.

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

The Reverend Dr. Peggy T. Cantwell, Westlake Hills Presbyterian Church, Austin, offered the invocation as follows:

Father, great God and father of us all, we are so grateful that You receive us any time we choose to come to You. We marvel at the access we have to You. Thank You that You always rejoice to hear us pray and talk to You and open our hearts to You. We want to open our hearts this morning with grateful hearts that there is a promised release of our airmen and women from their detention in China. We pray that that promise will be implemented, that there will be no hitch. We pray that You give the President of our nation great skill and wisdom and clarity and that You would give that same to those who advise him, and we pray that same for this chamber and the people here, these legislators. We pray that You give them skill and wisdom and clarity and purity and integrity far beyond their own means. We thank You for the investment of time and energy that they give to this nation and to this state. We pray that You help them to be very sensitive to Your leading in all the bills that are proposed and those that are voted upon. We pray at the same time that You give us, as citizens in this city and in this state, support for them, that we will hold them in our prayers, and that we will be willing to support them and serve them and be available to them. We pray that everyone in this chamber will be aware of Your presence and power. May each one know how important he or she is, and may each one of us dare in this world to make a difference, to care about the people around us, and to be willing to risk, that we might make an impact in our culture for You and for the good

77th Legislature — Regular Session 52nd Day

of this state. Most of all now, in this week that we call holy, we ask You that You give us a new view of Easter. We pray that You give us a new look at You and that You give us a new awe for what You've done at Easter. 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.

LEAVE OF ABSENCE

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

CO-AUTHOR OF SENATE BILL 8

On motion of Senator Cain and by unanimous consent, Senator Madla will be shown as Co-author of SB 8.

CO-AUTHORS OF SENATE BILL 43

On motion of Senator Zaffirini and by unanimous consent, Senators Gallegos and Madla will be shown as Co-authors of SB 43.

CO-AUTHOR OF SENATE BILL 297

On motion of Senator West and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 297.

CO-AUTHORS OF SENATE BILL 368

On motion of Senator Zaffirini and by unanimous consent, Senators Bernsen and Moncrief will be shown as Co-authors of SB 368.

CO-AUTHOR OF SENATE BILL 681

On motion of Senator Shapleigh and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 681.

CO-AUTHOR OF SENATE BILL 789

On motion of Senator Moncrief and by unanimous consent, Senator Duncan will be shown as Co-author of SB 789.

CO-AUTHOR OF SENATE BILL 876

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

CO-AUTHOR OF SENATE BILL 976

On motion of Senator Fraser and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 976.

CO-AUTHOR OF SENATE BILL 1067

On motion of Senator Harris and by unanimous consent, Senator Shapleigh will be shown as Co-author of SB 1067.

Wednesday, April 11, 2001

SENATE JOURNAL

CO-AUTHOR OF SENATE BILL 1282

On motion of Senator Lucio and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 1282.

CO-AUTHORS OF SENATE BILL 1442

On motion of Senator Truan and by unanimous consent, Senators Lucio and Zaffirini will be shown as Co-authors of SB 1442.

CO-AUTHOR OF SENATE BILL 1763

On motion of Senator Moncrief and by unanimous consent, Senator Shapleigh will be shown as Co-author of SB 1763.

CO-AUTHOR OF SENATE BILL 1804

On motion of Senator Truan and by unanimous consent, Senator Lucio will be shown as Co-author of SB 1804.

CO-AUTHORS OF SENATE JOINT RESOLUTION 38

On motion of Senator Truan and by unanimous consent, Senators Lucio and Zaffirini will be shown as Co-authors of SJR 38.

PERMISSION TO INTRODUCE BILLS

Senator Truan moved to suspend Senate Rule 7.07(b) and Section 5, Article III of the Texas Constitution to permit the introduction of the following bills: SB 1803, SB 1804, SB 1805.

The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Harris.

SENATE BILLS ON FIRST READING

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

SB 1803 by Truan

Relating to ceding certain state land to counties and municipalities for use for purposes of a seawall, breakwater, levee, floodway, or drainway.

To Committee on Natural Resources.

SB 1804 by Truan, Lucio, Fraser, Zaffirini

Relating to provision by the Veterans Land Board of loans to veterans for the purchase of land.

To Committee on Finance.

SB 1805 by Truan

Relating to transferring the Texas Strategic Military Planning Commission to the office of the governor.

To Committee on Veteran Affairs and Military Installations.

77th Legislature — Regular Session 52nd Day

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 11, 2001

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

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

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HB 7, Relating to creating the Office of Rural Community Affairs.

HB 47, Relating to the automatic admission of certain undergraduate transfer students.

HB 164, Relating to the authority of counties to regulate outdoor lighting near major astronomical observatories.

HB 269, Relating to the sale of alcohol in dry areas; providing criminal penalties.

HB 631, Relating to fines for illegal dumping.

HB 706, Relating to the emergency possession of and termination of the parent-child relationship of certain abandoned children.

HB 978, Relating to the appeal of certain orders, judgments, and decrees.

HB 1118, Relating to the adjudication and disposition of juvenile conduct and the administration of the juvenile justice system.

HB 1162, Relating to the development of Texas Windstorm Insurance Association insurance rates.

HB 1196, Relating to incentives under the Texas Racing Act for the Thoroughbred or Arabian horse breeding industry in this state.

HB 1266, Relating to the identification and location of absent parents and relatives for children removed from their parents' care.

HB 1323, Relating to the expunction of arrest records and files when an indictment or information is dismissed or quashed and to the procedures for expunction following an acquittal.

HB 1465, Relating to a pilot project for reduced tuition rates at certain public junior colleges.

HB 1811, Relating to the use of certain federal housing funds.

HB 1833, Relating to local enforcement of certain health and safety statutes and ordinances.

HB 1876, Relating to the authority of an attorney appointed by a court as a master in chancery for a delinquent ad valorem tax suit to practice law in that court.

Wednesday, April 11, 2001

SENATE JOURNAL

HB 1884, Relating to filing fees for certain types of actions.

HB 2509, Relating to certain election processes and procedures.

HB 3334, Relating to the composition of the Bowie County Juvenile Board.

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

April 10, 2001

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

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

TO BE MEMBERS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD for terms to expire January 31, 2003:

James Melvin Synatzske

P.O. Box 1663

Stephenville, Texas 76401

(Mr. Synatzske is being reappointed)

L. W. "Wayne" Mayo

2934 Whitemarsh Circle

Richardson, Texas 75080-1549

(Mr. Mayo is being reappointed)

William A. Faulk, Jr.

5161 Sugar Mill

Brownsville, Texas 78526

(replacing Robert Seale of Houston whose term expired)

Patrick H. Cordero, Jr.

1606 McClintic

Midland, Texas 79701

(replacing Eduardo Lopez of Corpus Christi whose term expired)

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

J. Robert Brown

101 Calle Colina

El Paso, Texas 79912

(Mr. Brown is being reappointed)

77th Legislature — Regular Session 52nd Day

C. Robert Black

116 Applehead Island

Horseshoe Bay, Texas 78657

(Mr. Black is replacing Alan B. White whose term expired)

David R. Lopez

8121 Amelia Cove

Austin, Texas 78750

(Mr. Lopez is replacing James E. Sowell whose term expired)

Respectfully submitted,

/s/Rick Perry

Governor

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, Texas Board of Criminal Justice: Adrian A. Arriaga, Hidalgo County; Mary Bacon, Harris County; Christina Melton Crain, Dallas County; Pierce Miller, Tom Green County.

Justice, Supreme Court of Texas: Wallace B. Jefferson, Bexar County.

Commissioner of Education: James E. Nelson, Travis County.

Member, State Board for Educator Certification: John J. Beck, Jr., Ph.D., Hays County.

Members, Texas Guaranteed Student Loan Corporation Board of Directors: Jennifer M. Esterline, Travis County; Albon O. Head, Jr., Parker County; James R. Langabeer, Hidalgo County; Jerry Don Miller, Randall County.

Members, Texas Military Facilities Commission: Sandra Paret, Dallas County; Jorge D. Perez, Hidalgo County.

Members, Interagency Council on Early Childhood Intervention Board: Michael Fuhrman, Denton County; Maria Dolores Garcia, Deaf Smith County.

Members, Texas School for the Deaf Governing Board: Charles C. Estes, Collin County; Lesa Von Thomas, Nueces County.

Member, Board of Protective and Regulatory Services: Cristina "Ommy" Strauch, Bexar County.

Members, Automobile Theft Prevention Authority: Michael F. Gerik, McLennan County; Al A. Philippus, Comal County.

Members, Correctional Managed Health Care Committee: Jean Marie Frazier, Harris County; James Dale Griffin, M.D., Dallas County; George Willeford III, M.D., Travis County.

Wednesday, April 11, 2001

SENATE JOURNAL

Presiding Oficer, Texas Council on Offenders with Mental Impairments: David Gutierrez, Lubbock County.

Members, Texas Council on Offenders with Mental Impairments: Dennis R. Myers, Ph.D., McLennan County; George A. Urias, Bexar County.

Members, Produce Recovery Fund Board: Ralph Diaz, Nueces County; Jay Pack, Dallas County.

Member, College Opportunity Act Committee: Michelle Marie Tobias, Travis County.

Members, Texas Commission for the Deaf and Hard of Hearing: Beverly Sue Hill, Tarrant County; Jeffrey W. Jordan, Midland County; Paul A. Locus, M.D., Travis County; Myfe White Moore, Bexar County.

Members, State Bar of Texas Board of Directors: John Stanley Mayfield, Tom Green County; David W. Stevens, Travis County.

NOTICE OF CONSIDERATION OF NOMINATIONS

Senator Nelson gave notice that she would Tuesday, April 17, 2001, at the conclusion of morning call submit to the Senate for consideration nominations to agencies, boards, and commissions of the state.

SESSION TO CONSIDER EXECUTIVE APPOINTMENTS

The President announced the time had arrived to consider the executive appointments to agencies, boards, and commissions. Notice of submission of these names for consideration was given yesterday by Senator Nelson.

Senator Nelson moved confirmation of the nominees reported yesterday by the Committee on Nominations.

The President asked if there were requests to sever nominees.

There were no requests offered.

NOMINEES CONFIRMED

The following nominees as reported by the Committee on Nominations were confirmed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Harris.

Members, Texas Commission on the Arts: Idelle G. Rabin, Dallas County; William P. Wright, Jr., Taylor County.

Member, Texas Aerospace Commission: Arthur Rojas Emerson, Bexar County.

Member, Texas Board of Chiropractic Examiners: Narciso Escareno, Cameron County.

Presiding Officer, Texas Funeral Service Commission: Harry M. Whittington, Travis County.

77th Legislature — Regular Session 52nd Day

Members, Texas Funeral Service Commission: Dorothy L. Grasty, Tarrant County; John Q. Taylor King, Ph.D., Travis County; Frank W. Maresh, Kerr County; Martha J. Rhymes, Gregg County; Jim C. Wright, Wheeler County.

Members, Texas Lottery Commission: Walter H. Criner, Sr., Harris County; Betsy Whitaker, Dallas County.

Members, Texas State Board of Social Worker Examiners: John Steven Roberts, Midland County; Jamie B. Ward, Kendall County.

Members, Texas Racing Commission: Treva Boyd, Tom Green County; R. Dyke Rogers, Hartley County.

Members, Texas Appraiser Licensing and Certification Board: Benjamin E. Barnett, Dallas County; Elroy Carson, Lubbock County; Debra S. Runyan, Bexar County; Dona S. Scurry, El Paso County.

Member, Texas Board of Architectural Examiners: Gordon E. Landreth, Nueces County.

Members, Texas Board of Licensure for Professional Medical Physicists in the Texas Department of Health: Philip D. Bourland, Ph.D., Bell County; Rebecca C. Middleton, Ph.D., Dallas County.

Members, Polygraph Examiners Board: Michael C. Gougler, Travis County; Edward L. Hendrickson, Harris County.

Members, Texas Real Estate Commission: James N. Austin, Jr., Tarrant County; Ramon M. Cantu; Harris County; Lawrence D. Jokl, Cameron County.

Member, Real Estate Research Advisory Committee: Nick Nicholas, Dallas County.

Members, Texas Board of Professional Land Surveying: Steven C. Hofer, Midland County; Daniel E. Martinez, Lubbock County; Kelley Sue Neumann, Bexar County; Douglas W. Turner, Harris County.

Member, Texas Incentive and Productivity Commission: Sherry L. Phelps, Denton County.

CONCLUSION OF MORNING CALL

The President at 10:10 a.m. announced the conclusion of morning call.

COMMITTEE SUBSTITUTE

SENATE BILL 968 ON SECOND READING

On motion of Senator Bivins and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

CSSB 968, Relating to certain civil consequences of a theft involving motor fuel.

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

Wednesday, April 11, 2001

SENATE JOURNAL

COMMITTEE SUBSTITUTE

SENATE BILL 968 ON THIRD READING

Senator Bivins moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 968 be placed on its third reading and final passage.

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

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

Absent-excused: Harris.

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

SENATE JOINT RESOLUTION 50 ON SECOND READING

On motion of Senator Lucio and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

SJR 50, Proposing a constitutional amendment providing for the issuance of bonds to augment funds for low and very low income housing.

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

RECORD OF VOTE

Senator Shapiro asked to be recorded as voting "Nay" on the passage to SJR 50 to engrossment.

SENATE JOINT RESOLUTION 50 ON THIRD READING

Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SJR 50 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 27, Nays 2, Present-not voting 1.

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

Nays: Shapiro, Wentworth.

Present-not voting: Mr. President.

Absent-excused: Harris.

77th Legislature — Regular Session 52nd Day

The resolution was read third time and was passed by the following vote: Yeas 28, Nays 1, Present-not voting 1.

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

Nays: Shapiro.

Present-not voting: Mr. President.

Absent-excused: Harris.

SENATE BILL 1760 ON SECOND READING

On motion of Senator Lucio and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

SB 1760, Relating to the housing trust fund.

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

RECORD OF VOTES

Senators Fraser and Staples asked to be recorded as voting "Nay" on the passage of SB 1760 to engrossment.

SENATE BILL 1760 ON THIRD READING

Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1760 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 26, Nays 2, Present-not voting 1.

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

Nays: Fraser, Staples.

Present-not voting: Mr. President.

Absent: Wentworth.

Absent-excused: Harris.

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

RECORD OF VOTES

Senators Fraser, Shapiro, and Staples asked to be recorded as voting "Nay" on the final passage of SB 1760.

Wednesday, April 11, 2001

SENATE JOURNAL

COMMITTEE SUBSTITUTE

SENATE BILL 355 ON SECOND READING

On motion of Senator Lindsay and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

CSSB 355, Relating to a nursing home resident's right to informed consent regarding the prescription of certain drugs.

The bill was read second time.

(Senator Carona in Chair)

(President in Chair)

Senator Lindsay offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 355 as follows:

(1)  In Section 1 of the bill, in amended Section 242.501(a), Health and Safety Code (committee printing, page 1, line 40), strike "any expected effects, clinically possible" and substitute "reasonably expected effects,".

(2)  In Section 2 of the bill, in added Section 242.505(b), Health and Safety Code (committee printing, page 2, line 42), strike "prescribe" and substitute "administer".

(3)  In Section 2 of the bill, in added Section 242.505(c), Health and Safety Code (committee printing, page 2, lines 61 and 62 and 65-67), strike Subsections (c)(2)(C) and (c)(2)(E) and reletter the remaining paragraphs accordingly.

(4)  In Section 2 of the bill, in added Section 242.505(c)(2)(D), Health and Safety Code (committee printing, page 2, line 64), after the semicolon add "and".

(5)  In Section 2 of the bill, strike added Sections 242.505(d) and (f), Health and Safety Code (committee printing, page 3, lines 8-14 and 17-25), and reletter the remaining subsections accordingly.

(6)  In Section 2 of the bill, in added Section 242.505(g)(1), Health and Safety Code (committee printing, page 3, lines 31-33), strike "and that the physician has evaluated but rejected other generally accepted, less intrusive forms of treatment, if any".

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

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

CSSB 355 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 355 ON THIRD READING

Senator Lindsay moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 355 be placed on its third reading and final passage.

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

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief,

77th Legislature — Regular Session 52nd Day

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Harris.

The bill was read third time and was passed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Harris.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 11, 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 195, Honoring Louise H. Ornelas of Tyler for her philanthropy.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

RESOLUTIONS SIGNED

The President announced the signing of the following enrolled resolutions in the presence of the Senate: HCR 101, HCR 129, HCR 130, HCR 131.

PHYSICIANS OF THE DAY

Senator Wentworth was recognized and presented Drs. Gloria Wright and Anthony Wright of San Antonio as the Physicians of the Day.

The Senate welcomed Dr. Wright and Dr. Wright and thanked them for their participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate eighth-grade students from the Regents School of Austin, accompanied by their teacher, Peter Hansen, and their parents.

The Senate welcomed its guests.

Wednesday, April 11, 2001

SENATE JOURNAL

COMMITTEE SUBSTITUTE

SENATE BILL 913 ON SECOND READING

On motion of Senator Ogden and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

CSSB 913, Relating to a lien on a cause of action or claim of an individual who receives certain medical services.

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

COMMITTEE SUBSTITUTE

SENATE BILL 913 ON THIRD READING

Senator Ogden moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 913 be placed on its third reading and final passage.

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

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

Absent-excused: Harris.

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

GUESTS PRESENTED

Senator Jackson was recognized and introduced to the Senate students from the San Jacinto College Heritage Society, accompanied by their professor.

The Senate welcomed its guests.

SENATE BILL 1190 ON SECOND READING

On motion of Senator Ellis and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

SB 1190, Relating to technology development and transfer by institutions of higher education.

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

77th Legislature — Regular Session 52nd Day

SENATE BILL 1190 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 1190 be placed on its third reading and final passage.

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

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

Absent-excused: Harris.

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

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate a group of students from the University of Guanajuato School of Law in Mexico.

The Senate welcomed its guests.

GUEST PRESENTED

Senator Duncan was recognized and introduced to the Senate Congressman Larry Combest of Lubbock.

The Senate welcomed Congressman Combest.

GUESTS PRESENTED

The President introduced to the Senate a delegation of citizens from Upshur County.

The Senate welcomed its guests.

(Senator Sibley in Chair)

HOUSE CONCURRENT RESOLUTION 195

The Presiding Officer laid before the Senate the following resolution:

HCR 195, Honoring Louise H. Ornelas of Tyler for her philanthropy.

STAPLES

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 Staples and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote.

Wednesday, April 11, 2001

SENATE JOURNAL

GUESTS PRESENTED

Senator Staples was recognized and introduced to the Senate Louise H. Ornelas, accompanied by family and friends.

The Senate welcomed its guests.

(Senator Ogden in Chair)

HOUSE JOINT RESOLUTION 47 ON SECOND READING

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

HJR 47, Proposing a constitutional amendment authorizing the cancellation of an election to fill a vacancy in the legislature when a candidate is running unopposed.

There was objection.

Senator Shapiro then moved to suspend the regular order of business and take up HJR 47 for consideration at this time.

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

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

Nays: Barrientos, Bernsen, Gallegos, Whitmire.

Present-not voting: Mr. President.

Absent: Cain, Ellis.

Absent-excused: Harris.

The resolution was read second time.

Senator Shapiro offered the following amendment to the resolution:

Floor Amendment No. 1

Amend HJR 47 (Senate Committee Printing) as follows:

On page 1, line 22 strike "as a candidate" and insert "and declares a candidacy".

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 resolution as amended.

HJR 47 as amended was passed to third reading by the following vote: Yeas 26, Nays 2, Present-not voting 1.

77th Legislature — Regular Session 52nd Day

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

Nays: Gallegos, Whitmire.

Present-not voting: Mr. President.

Absent: Bernsen.

Absent-excused: Harris.

HOUSE JOINT RESOLUTION 47 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 HJR 47 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 26, Nays 3, Present-not voting 1.

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

Nays: Gallegos, Wentworth, Whitmire.

Present-not voting: Mr. President.

Absent-excused: Harris.

The resolution was read third time and was passed by the following vote: Yeas 27, Nays 2, Present-not voting 1.

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

Nays: Gallegos, Whitmire.

Present-not voting: Mr. President.

Absent-excused: Harris.

GUEST PRESENTED

The Presiding Officer, Senator Ogden in Chair, introduced to the Senate Congressman Kevin Brady of The Woodlands.

The Senate welcomed Congressman Brady.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 11, 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:

Wednesday, April 11, 2001

SENATE JOURNAL

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

SB 1, General Appropriations Bill.

(Committee Substitute/Amended)

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

HOUSE BILL 831 ON SECOND READING

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

HB 831, Relating to the cancellation of an election to fill a vacancy in the legislature when a candidate is running unopposed.

There was objection.

Senator Shapiro then moved to suspend the regular order of business and take up HB 831 for consideration at this time.

The motion prevailed by the following vote: Yeas 27, Nays 2, Present-not voting 1.

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

Nays: Gallegos, Whitmire.

Present-not voting: Mr. President.

Absent-excused: Harris.

The bill was read second time and was passed to third reading by the following vote: Yeas 27, Nays 2, Present-not voting 1. (Same as previous roll call)

HOUSE BILL 831 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 HB 831 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 26, Nays 3, Present-not voting 1.

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

Nays: Gallegos, Wentworth, Whitmire.

Present-not voting: Mr. President.

Absent-excused: Harris.

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

RECORD OF VOTES

Senators Gallegos and Whitmire asked to be recorded as voting "Nay" on the final passage of HB 831.

77th Legislature — Regular Session 52nd Day

(President in Chair)

SENATE RESOLUTION 737

Senator Staples offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pleasure in recognizing Charlene Lowe for her selection as the Regular Educator of the Year by the Texas Council of Administrators of Special Education, Incorporated; and

WHEREAS, This prestigious award honors a teacher who has devoted extra time and energy to providing services to students with disabilities; the Texas Council of Administrators of Special Education, Incorporated, represents approximately 800 members who are dedicated to serving students with disabilities by overseeing the implementation of the Individuals with Disabilities Education Act; and

WHEREAS, Charlene Lowe is a third-grade teacher at Livingston Elementary School; her class is comprised of regular and special education students, as well as gifted, at-risk, and 504 students; she works closely with the LIFE SKILLS Program teachers and requests that LIFE students be included in her classroom routine; and

WHEREAS, Charlene works regularly with other teachers, parents, administrators, and community leaders to determine assessment, programming, and activities for her students; she individualizes her curriculum and gives each student the attention he or she needs; and

WHEREAS, An exceptionally resourceful and dedicated teacher, Charlene Lowe is an enthusiastic educator who has distinguished herself in her profession; and

WHEREAS, Charlene's students greatly benefit from her skillful teaching methods, her sincere concern for the individual, and her wise counsel and encouragement; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend Charlene Lowe for her exemplary contributions to the educational system of Texas and extend best wishes to her for many rewarding years ahead; and, be it further

RESOLVED, That a copy of this Resolution be prepared for her as an expression of esteem from the Texas Senate.

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

GUEST PRESENTED

Senator Staples was recognized and introduced to the Senate Charlene Lowe.

The Senate welcomed Ms. Lowe.

SENATE BILL 1126 ON SECOND READING

On motion of Senator Ogden and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

SB 1126, Relating to expunction for unadjudicated but admitted offenses.

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

Wednesday, April 11, 2001

SENATE JOURNAL

SENATE BILL 1126 ON THIRD READING

Senator Ogden moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1126 be placed on its third reading and final passage.

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

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

Absent-excused: Harris.

The bill was read third time and was passed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Harris.

SENATE BILL 862 ON SECOND READING

On motion of Senator Staples and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

SB 862, Relating to the exemption from ad valorem taxation for freeport goods.

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

SENATE BILL 862 ON THIRD READING

Senator Staples moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 862 be placed on its third reading and final passage.

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

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

Absent-excused: Harris.

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

77th Legislature — Regular Session 52nd Day

COMMITTEE SUBSTITUTE

SENATE BILL 795 ON SECOND READING

On motion of Senator Ellis and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

CSSB 795, Relating to the forfeiture of profits received from the sale of crime memorabilia.

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

COMMITTEE SUBSTITUTE

SENATE BILL 795 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 CSSB 795 be placed on its third reading and final passage.

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

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

Absent-excused: Harris.

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

COMMITTEE SUBSTITUTE

SENATE BILL 865 ON SECOND READING

On motion of Senator Staples and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

CSSB 865, Relating to the changing of an ad valorem tax appraisal roll.

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

COMMITTEE SUBSTITUTE

SENATE BILL 865 ON THIRD READING

Senator Staples moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 865 be placed on its third reading and final passage.

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

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief,

Wednesday, April 11, 2001

SENATE JOURNAL

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Harris.

The bill was read third time and was passed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Harris.

COMMITTEE SUBSTITUTE

SENATE BILL 1238 ON SECOND READING

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

CSSB 1238, Relating to creation of a child-care registry for certain child-care providers.

There was objection.

Senator Moncrief then moved to suspend the regular order of business and take up CSSB 1238 for consideration at this time.

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

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

Absent-excused: Harris.

The bill was read second time.

Senator Moncrief offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1238 as follows:

(1)  In the bill caption (Committee printing page 1, line 10), between "a" and "child-care" insert "voluntary"

(2)  In SECTION 1 of the bill, in the heading of Chapter 41, Human Resources Code (Committee printing page 1, line 15), between the period and "CHILD-CARE", insert "VOLUNTARY"

(3)  In SECTION 1 of the bill, in the heading for Section 41.002, Human Resources Code (Committee printing page 1, line 25), strike "CREATION." and substitute "CREATION OF VOLUNTARY CHILD-CARE REGISTRY."

77th Legislature — Regular Session 52nd Day

(4)  In SECTION 1 of the bill, in Section 41.002, Human Resources Code (Committee printing page 1, line 25), between "REGISTRY." and "The", insert "(a)"

(5)  In SECTION 1 of the bill, in Section 41.002, Human Resources Code (Committee printing page 1, line 26), between "a" and "registry", insert "voluntary"

(6)  In SECTION 1 of the bill, in Section 41.002, Human Resources Code (Committee printing page 1, between lines 27 and 28), add a new Subsection (b) to read as follows:

"(b)  Registration of a child-care provider under this chapter is voluntary."

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.

CSSB 1238 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 CSSB 1238 to engrossment.

COMMITTEE SUBSTITUTE

SENATE BILL 1238 ON THIRD READING

Senator Moncrief moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1238 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 27, Nays 2, Present-not voting 1.

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

Nays: Ogden, Wentworth.

Present-not voting: Mr. President.

Absent-excused: Harris.

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

RECORD OF VOTE

Senator Odgen asked to be recorded as voting "Nay" on the final passage of CSSB 1238.

COMMITTEE SUBSTITUTE

SENATE BILL 437 ON SECOND READING

On motion of Senator Staples and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

CSSB 437, Relating to the offense of theft of service.

The bill was read second time.

Wednesday, April 11, 2001

SENATE JOURNAL

Senator Staples offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 437 as follows:

(1)  In SECTION 1, in the introductory language to the SECTION (Committee printing page 1, line 12), strike "Subsection (a), Section 31.04, Penal Code, is", and substitute "Subsections (a), (b), and (c), Section 31.04, Penal Code, are".

(2)  In SECTION 1, in amended Section 31.04, Penal Code (Committee printing page 1, lines 28-30), strike Subsection (a)(4) and substitute the following:

(4)  he intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make the payment after receiving notice demanding the payment.

(b)  For purposes of this section, intent to avoid payment is presumed if:

(1)  the actor absconded without paying for the service or expressly refused to pay for the service in circumstances where payment is ordinarily made immediately upon rendering of the service, as in hotels, campgrounds, recreational vehicle parks, restaurants, and comparable establishments;

(2)  the actor failed to return the property held under a rental agreement or failed to make payment under a service agreement within 10 days after receiving notice demanding return; or

(3)  the actor returns property held under a rental agreement after the expiration of the rental agreement and fails to pay the applicable rental charge for the property within 10 days after the date on which the actor received notice demanding payment.

(c)  For purposes of Subsections (a)(4) and [Subsection ] (b)(2), notice shall be notice in writing, sent by registered or certified mail with return receipt requested or by telegram with report of delivery requested, and addressed to the actor at his address shown on the rental agreement or service agreement.

(3)  Immediately before existing SECTION 2 (Committee printing page 1, between lines 30 and 31), insert a new SECTION 2 to read as follows:

SECTION 2. (a) The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. For purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before the effective date.

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

(4)  Renumber existing SECTION 2 (Committee printing page 1, line 31) as SECTION 3.

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

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

CSSB 437 as amended was passed to engrossment by a viva voce vote.

77th Legislature — Regular Session 52nd Day

COMMITTEE SUBSTITUTE

SENATE BILL 437 ON THIRD READING

Senator Staples moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 437 be placed on its third reading and final passage.

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

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

Absent-excused: Harris.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1586 ON SECOND READING

On motion of Senator Moncrief and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

CSSB 1586, Relating to fees for copies of birth and death certificates.

The bill was read second time.

Senator Moncrief offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1586 (committee printing) as follows:

(1)  In SECTION 1 of the bill, in Section 191.0045, Health and Safety Code (page 1, lines 29-34), strike amended Subsections (f)(1) and (2) and substitute the following:

(1)  $2 to the credit of the general revenue fund; and

(2)  $3 to the credit of the vital statistics fund to be used only for the purposes prescribed by Section 191.005(d) [work and family policies fund. Money in the fund may be used only for the purposes prescribed by Section 81.006(a), Labor Code ].

(2)  In SECTION 1 of the bill, in added Subsection (h), Section 191.0045, Health and Safety Code (page 1, line 47), strike "enhancement".

(3)  In SECTION 3 of the bill (page 1, lines 63 and 64), strike the recital and substitute "Section 191.005, Health and Safety Code, is amended by adding Subsection (d) to read as follows:".

(4)  In SECTION 3 of the bill, in proposed Section 191.0047, Health and Safety Code (page 2, lines 1-6), strike "Sec. 191.0047.  VITAL STATISTICS ENHANCEMENT FUND. The vital statistics enhancement fund is an account in the state treasury. The account is composed of fees deposited to the account as required

Wednesday, April 11, 2001

SENATE JOURNAL

by Sections 191.0045(h) and 191.022(f) and Section 118.015(b), Local Government Code. Money in the account may be used by the bureau of vital statistics only for:" and substitute the following:

(d)  The vital statistics fund includes fees deposited to the fund as required by Sections 191.0045(f) and (h) and 191.022(f) and (g) and Section 118.015(b) and (c), Local Government Code. Fees deposited in the fund under those sections may be used by the bureau of vital statistics only for:

(5)  In SECTION 4 of the bill, in Section 191.022, Health and Safety Code (page 2, lines 26-29), strike the last sentence of amended Subsection (f) and substitute the following:

The comptroller shall [for ] deposit one-half of the fee in the general revenue fund and one-half of the fee in the vital statistics [work and family policies ] fund.

(6)  In SECTION 4 of the bill, in added Subsection (g), Section 191.022, Health and Safety Code (page 2, line 32), strike "enhancement".

(7)  In SECTION 5 of the bill, in Section 118.015, Local Government Code (page 2, lines 45-48), strike the last sentence of amended Subsection (b) and substitute the following:

The comptroller shall [for ] deposit one-half of the fee in the general revenue fund and one-half of the fee in the vital statistics [work and family policies ] fund.

(8)  In SECTION 5 of the bill, in added Subsection (c), Section 118.015, Local Government Code (page 2, line 51), strike "enhancement".

(9)  Strike SECTION 6 of the bill (page 2, lines 58-63) and substitute the following:

SECTION 6. Section 81.006, Labor Code, is repealed.

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.

CSSB 1586 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 1586 ON THIRD READING

Senator Moncrief moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1586 be placed on its third reading and final passage.

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

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

Absent-excused: Harris.

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

77th Legislature — Regular Session 52nd Day

SENATE BILL 497 ON SECOND READING

On motion of Senator Shapleigh and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

SB 497, Relating to information a state agency may post on the Internet.

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

SENATE BILL 497 ON THIRD READING

Senator Shapleigh moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 497 be placed on its third reading and final passage.

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

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

Absent-excused: Harris.

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

COMMITTEE SUBSTITUTE

SENATE BILL 698 ON THIRD READING

Senator Carona 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 698, Relating to the applicability of the rule against perpetuities to trusts.

There was objection.

Senator Carona then moved to suspend the regular order of business and take up CSSB 698 for consideration at this time.

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

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

Nays: Barrientos, Bernsen, Brown, Gallegos, Truan, Wentworth.

Present-not voting: Mr. President.

Absent-excused: Harris.

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

Wednesday, April 11, 2001

SENATE JOURNAL

RECORD OF VOTES

Senators Barrientos, Bernsen, Brown, Gallegos, Truan, and Wentworth asked to be recorded as voting "Nay" on the final passage of CSSB 698.

SENATE JOINT RESOLUTION 26 ON THIRD READING

Senator Carona 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:

SJR 26, Proposing a constitutional amendment to remove the prohibition against perpetual trusts.

There was objection.

Senator Carona then moved to suspend the regular order of business and take up SJR 26 for consideration at this time.

The motion prevailed by the following vote:  Yeas 21, Nays 8, Present-not voting 1.

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

Nays: Barrientos, Bernsen, Brown, Cain, Gallegos, Shapleigh, Truan, Wentworth.

Present-not voting: Mr. President.

Absent-excused: Harris.

The resolution was read third time and was passed by the following vote: Yeas 21, Nays 8, Present-not voting 1. (Same as previous roll call)

SENATE RULE 11.10 SUSPENDED

(Posting Rule)

On motion of Senator Madla and by unanimous consent, Senate Rule 11.10 was suspended in order that the Committee on Intergovernmental Relations might meet today.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Whitmire and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Criminal Justice might consider the following bills today: SB 728, SB 1213, HB 1600.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Lucio and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Border Affairs might consider SB 681 today.

77th Legislature — Regular Session 52nd Day

SENATE RULE 11.13 SUSPENDED

(Consideration of Bills in Committee)

On motion of Senator Truan and by unanimous consent, Senate Rule 11.13 was suspended to grant all committees permission to meet while the Senate is meeting today during the Local and Uncontested Calendar Session.

MOTION TO ADJOURN

On motion of Senator Truan, the Senate at 12:05 p.m. agreed to adjourn, in memory of Isadore "Butch" Hoffer of Beaumont, upon conclusion of the Local and Uncontested Calendar Session, until 10:00 a.m. Tuesday, April 17, 2001.

RECESS

On motion of Senator Truan, the Senate at 12:06 p.m. recessed until 12:15 p.m. today for the Local and Uncontested Calendar Session.

AFTER RECESS

The Senate met at 12:15 p.m. and was called to order by Senator Cain.

SESSION HELD FOR

LOCAL AND UNCONTESTED CALENDAR

The Presiding Officer announced that the time had arrived to consider bills and resolutions placed on the Local and Uncontested Calendar. Notice of consideration of the local calendar was given by Senator Cain yesterday.

Pursuant to Senate Rule 9.03(d), the following bills and resolutions in the order listed were laid before the Senate, read second time, amended where applicable, passed to engrossment or third reading, read third time, and passed. The votes on suspension of the Constitutional Three-day Rule and final passage are indicated after each caption.

SCR 34 (Brown)

Expressing support for the Minerals Management Service to proceed with the Outer Continental Shelf (OCS) lease in the eastern Gulf of Mexico.

(viva voce vote)

SCR 35 (Brown)

Memorializing Congress to require federally-controlled emission sources to meet the same reduction schedule as state-controlled sources.

(viva voce vote)

CSSB 19 (Nelson)

Relating to the improvement of children's health through daily physical activity in public schools and a coordinated approach by public schools to prevent obesity and certain diseases.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

Wednesday, April 11, 2001

SENATE JOURNAL

CSSB 361 (Lucio)

Relating to the membership and activities of the Interagency Council on Autism and Pervasive Developmental Disorders.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

CSSB 386 (Bivins)

Relating to updating references to the campuses of the Texas State Technical College System.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

SB 654 (Staples)

Relating to certain licensing information required for registration as a sex offender.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

CSSB 817 (Armbrister)

Relating to the requirement that the name of a state agency be printed on certain state motor vehicles.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

CSSB 833 (Moncrief)

Relating to child-care services.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

CSSB 890 (Ogden)

Relating to the operation of a commercial motor vehicle in this state.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

SB 917 (Shapiro)

Relating to the aggregation of amounts involved in the offense of breach of computer security to determine punishment.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

SB 976 (Fraser)

Relating to establishing a permanent fund for veterans care.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

CSSB 1006 (Van de Putte)

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

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

SB 1023 (Brown)

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

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

77th Legislature — Regular Session 52nd Day

CSSB 1024 (Carona)

Relating to the enforcement of the law regulating the practice of podiatry.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting""

CSSB 1051 (Shapleigh)

Relating to the training and regulation of promotoras and community health workers.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

SB 1057 (Ellis)

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

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

CSSB 1090 (Ellis)

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

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

SB 1091 (Ellis)

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

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

CSSB 1123 (Armbrister)

Relating to the enforcement and collection of taxes, fees, and other revenue; providing criminal penalties.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

CSSB 1147 (Lindsay)

Relating to county authority to regulate vehicular or pedestrian gates to and to require building numbers for certain multi-unit housing projects; providing a penalty.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

CSSB 1174 (Wentworth)

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

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

CSSB 1242 (Moncrief)

Relating to criminal history checks of employees and applicants for employment in certain long-term care facilities.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

Wednesday, April 11, 2001

SENATE JOURNAL

CSSB 1262 (Brown)

Relating to the authority of an officer to return stolen property to its owner.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

SB 1300 (Carona on behalf of Cain)

Relating to the practice of medicine without an annual registration receipt.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

SB 1353 (Armbrister)

Relating to the issuance of certain veterans license plates.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

CSSB 1371 (Brown)

Relating to denial of renewal of a driver's license for failure to pay certain fines.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

CSSB 1424 (Brown)

Relating to certain practices and procedures involving the conduct of early voting by mail.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

SB 1433 (Ogden)

Relating to the jurisdiction of the 85th, 272nd, and 361st District Courts in Brazos County.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

CSSB 1454 (Lucio)

Relating to the Texas Food for Health Advisory Council.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

SB 1464 (Nelson)

Relating to signature requirements for certain petitions filed in connection with a candidate's application for a place on the ballot.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

CSSB 1475 (Duncan)

Relating to the abolition of the Children's Trust Fund of Texas Council and to the transfer of its powers and duties to the Department of Protective and Regulatory Services.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

77th Legislature — Regular Session 52nd Day

SB 1498 (Moncrief on behalf of Harris)

Relating to authorizing a recreational facility fee at The University of Texas at Arlington.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

SB 1583 (Van de Putte)

Relating to reports submitted to the Commission on Law Enforcement Officer Standards and Education.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

SB 1589 (Moncrief)

Relating to removing the Texas Juvenile Probation Commission from the list of agencies considered to be health and human services agencies generally subject to the authority of the Health and Human Services Commission.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

CSSB 1611 (Fraser)

Relating to the structure and functions of the Texas Treasury Safekeeping Trust Company.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

SB 1637 (Bernsen)

Relating to discount cards deceptively marketed as insurance.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

CSSB 1648 (Bernsen)

Relating to the application of the sex offender registration program to certain persons who violate the laws of another state or violate federal law, including military law.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

SB 1680 (Jackson)

Relating to audits of the promotion and development fund of a navigation district.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

CSSB 1681 (Jackson)

Relating to the waiver of a jury trial in the prosecution of a misdemeanor offense within the jurisdiction of the justice and municipal courts.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

CSSB 1722 (Bivins)

Relating to the transfer of the Amarillo campus of the Texas State Technical College System to Amarillo College.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

Wednesday, April 11, 2001

SENATE JOURNAL

SB 1747 (Haywood)

Relating to the offense of theft of livestock from a commission merchant.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

CSSB 1767 (Carona)

Relating to the issuance of a protective custody order by a magistrate.

(29-0-1) Mr. President "Present-not voting"

(29-0-1) Mr. President "Present-not voting"

BILL REMOVED FROM

LOCAL AND UNCONTESTED CALENDAR

Senator Ogden and Senator Cain requested in writing that SB 1081 be removed from the Local and Uncontested Calendar.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

HCR 3 (Madla), In memory of Dr. Arvel R. Ponton, Jr.

HCR 35 (Madla), In memory of Jason Wesley Morgan.

HCR 37 (Madla), In memory of John G. Prude.

Congratulatory Resolutions

SR 734 by Ogden, Commending Elliott Baptist Church in Robertson County.

SR 736 by Nelson, Congratulating Elizabeth Charlotte Blaney.

SR 738 by Gallegos, Congratulating Jim Fonteno of Harris County.

SR 739 by West, Congratulating Mrs. Freddye Carter.

HCR 4 (Madla), Honoring John R. Foster on the occasion of his retirement.

HCR 36 (Madla), Honoring Charles Coleman Winn for his philanthropy.

ADJOURNMENT

Pursuant to a previously adopted motion, the Senate at 12:35 p.m. adjourned, in memory of Isadore "Butch" Hoffer of Beaumont, until 10:00 a.m. Tuesday, April 17, 2001.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

April 11, 2001

JURISPRUDENCE — CSSB 941

77th Legislature — Regular Session 52nd Day

NATURAL RESOURCES — CSSB 2

JURISPRUDENCE — CSSB 102

HEALTH AND HUMAN SERVICES — CSSB 333, CSSB 1041, CSSB 1046, CSSB 1373, CSSB 1411

STATE AFFAIRS — SB 70 (Amended), CSSB 221, CSSB 311, SB 609, CSSB 886, SB 988, CSSB 1020, SB 1146, CSSB 1182, CSSB 1211, SB 1309, CSSB 1311, SB 1404

HEALTH AND HUMAN SERVICES — SB 1588 (Amended), CSSB 1483, CSSB 1386

BUSINESS AND COMMERCE — SB 1667, SB 1684, SB 1236, SB 1235, SB 1656, SB 837

STATE AFFAIRS — CSSB 1109, SB 1519 (Amended), CSSB 464

SIGNED BY GOVERNOR

April 11, 2001

SB 47, SB 670, SB 676, SB 701, SB 723