Thursday, April 19, 2001

SENATE JOURNAL

FIFTY-FIFTH DAY

Thursday, April 19, 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, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini, Mr. President.

Absent-excused: Shapiro.

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

The Reverend John Haller, Westlake United Methodist Church, Austin, offered the invocation as follows:

Lord, You know that there are vast misperceptions as to what power each of us in this room has. But sometimes we also forget the effect that one action or inaction does have on the lives of Your people. Help each and every one of us to remember, as we begin this day, that You are the authority to whom we must answer, for our actions and our inactions, for what is done, and for what is left undone, when this day draws to a close. Guide and direct us this day. We ask in Your holy 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.

LEAVE OF ABSENCE

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

CO-AUTHOR OF SENATE BILL 70

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

CO-AUTHOR OF SENATE BILL 1067

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

77th Legislature — Regular Session 55th Day

CO-AUTHOR OF SENATE BILL 1156

On motion of Senator Zaffirini and by unanimous consent, Senator Shapleigh will be shown as Co-author of SB 1156.

CO-AUTHOR OF SENATE BILL 1404

On motion of Senator Madla and by unanimous consent, Senator Lucio will be shown as Co-author of SB 1404.

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 1813, SB 1814, SB 1815.

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

Present-not voting: Mr. President.

Absent-excused: Shapiro.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 19, 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 2, Relating to the regulation of certain political contributions, political expenditures, and political advertising; providing civil and criminal penalties.

HB 10, Relating to the preservation of state and local historic property.

HB 223, Relating to procedural requirements applicable to the release on parole of certain sex offenders.

HB 234, Relating to exempting members of the armed forces from the Texas Academic Skills Program.

HB 409, Relating to the requirement that the name, address, and phone number of a bondsman appear on the face of performance and payment bonds.

HB 482, Relating to protecting certain persons from retaliation by nursing homes or intermediate care facilities.

HB 651, Relating to the operation of certain all-terrain vehicles on public streets, roads, and highways.

HB 678, Relating to collection and use of biometric identifiers; providing a civil penalty.

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SENATE JOURNAL

HB 785, Relating to the liability for performing certain services for another governmental unit.

HB 845, Relating to suspension of certain limitations periods applicable to insurance policies issued to or covering Holocaust victims; providing an administrative penalty.

HB 947, Relating to the survival of a wrongful death suit on the death of the plaintiff.

HB 1168, Relating to conflicts of interest of a lobbyist; providing a penalty.

HB 1193, Relating to possession and consumption of an alcoholic beverage on premises that are licensed or permitted under the Alcoholic Beverage Code and located in certain public facilities.

HB 1314, Relating to requiring certain inmates of the Texas Department of Criminal Justice to participate in treatment programs.

HB 1514, Relating to the operation of certain commercial enterprises.

HB 1636, Relating to continuation and functions of the Savings and Loan Department and the regulation of certain financial institutions and businesses.

HB 1768, Relating to clarifications in finance law and regulatory authority and efficient administration by the Finance Commission of Texas and the Texas Department of Banking; providing penalties.

HB 1938, Relating to education loans made or financed by a higher education authority or nonprofit corporation.

HB 2249, Relating to certain suits affecting the parent-child relationship.

HB 2310, Relating to the continuation and functions of the State Soil and Water Conservation Board and to the election of directors of local soil and water conservation districts.

HB 2494, Relating to the ratification of the Interstate Compact for Adult Offender Supervision.

HB 2495, Relating to requiring a valet parking service to maintain financial responsibility; creating an offense.

HB 2575, Relating to the total amount of student services fees that may be charged at certain institutions of higher education.

HB 2700, Relating to certain services provided through telemedicine.

HB 2840, Relating to a partnership between Texas A&M University—Texarkana and Texarkana College District.

THE HOUSE HAS GRANTED THE REQUEST OF THE SENATE FOR THE APPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWING MEASURES:

SB 1

House conferees: Junell - Chair/Coleman/Gallego/Heflin/West, George "Buddy"

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

77th Legislature — Regular Session 55th Day

SENATE BILLS ON FIRST READING

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

SB 1813 by Ellis

Relating to the creation, composition, and operation of certain district courts.

To Committee on Finance.

SB 1814 by Ellis

Relating to the tuition for law school and graduate pharmacy courses at public institutions of higher education.

To Committee on Education.

SB 1815 by Truan, Shapleigh

Relating to establishing a loan program to assist communities that may be affected by federal military base closures.

To Committee on Veteran Affairs and Military Installations.

HOUSE RESOLUTIONS ON FIRST READING

The following resolutions received from the House were read first time and referred to the committees indicated:

HCR 109 to Committee on Business and Commerce.

HJR 52 to Committee on Natural Resources.

MESSAGE FROM THE GOVERNOR

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

Austin, Texas

April 18, 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 JUDGE OF THE 234th JUDICIAL DISTRICT COURT, HARRIS COUNTY until the next General Election and until his successor shall be duly elected and qualified:

Bruce D. Oakley

2621 Talbot Street

Houston, Texas 77005

(Mr. Oakley will replace Judge Scott Brister who was elevated to the 1st Court of Appeals)

TO BE JUDGE OF THE 357th JUDICIAL DISTRICT COURT, CAMERON/WILLACY COUNTIES until the next General Election and until his successor shall be duly elected and qualified:

J. Rolando Olvera, Jr.

217 Creekbend Drive

Brownsville, Texas 78521-4327

(Mr. Olvera will replace Judge Rogelio Valdez who was elevated to the 13th Court of Appeals)

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TO BE A MEMBER OF THE TEXAS BOARD OF HUMAN SERVICES for a term to expire January 20, 2003:

Jerry Kane

35 Hewit

Corpus Christi, Texas 78404

(replacing Elizabeth Seale of San Antonio who resigned)

Respectfully submitted,

/s/Rick Perry

Governor

BILLS SIGNED

The President announced the signing of the following enrolled bills in the presence of the Senate after the captions had been read: SB 417, SB 923.

SENATE RESOLUTION 770

Senator Van de Putte offered the following resolution:

WHEREAS, The Senate of the State of Texas acknowledges that the citizens of our great nation are the recipients of rights and privileges which have been protected by the bravery of our men and women in the armed services; and

WHEREAS, Among those who risked their lives for their country during World War II were the crew of the legendary USS Indianapolis; their final trip began with the extraordinary task of delivering to Tinian the atomic bomb that would be dropped by the Enola Gay on Hiroshima, Japan; and

WHEREAS, After completing their mission to Tinian, the men began what would be a harrowing journey home; with no destroyer escort available and without sonar, the USS Indianapolis began its return voyage, and on July 30, 1945, shortly after midnight, the ship succumbed to a Japanese torpedo attack and sank in just 12 minutes; and

WHEREAS, Of the more than 1,100 men on board, about 300 went down with the ship; the remaining 900 men were left floating, covered in oil, in the shark-infested waters of the Philippine Sea; they had no lifeboats, food, or fresh water; and

WHEREAS, The sad fate of the Indianapolis was unknown to the United States Navy, and the brave survivors were left for four days until a pilot flying overhead spotted them; of the original crew members of the ship, only 317 men remained; and

WHEREAS, Among those to survive the sinking of the Indianapolis were 11 Texans: Loel Dene Cox, Paul Murphy, Audie Shows, Claudus Evans, Juan Gabrillo, Buck W. Gibson, Cleatus A. Lebo, Glenn G. Morgan, Mike G. Obledo, James D. Price, and Lindsey Z. Wilcox; and

WHEREAS, Among these men, Mr. Cox, Mr. Murphy, Mr. Lebo, Mr. Morgan, and Mr. Wilcox have worked to help all citizens of this country remember the experience of those dutiful men who served on the USS Indianapolis; though tragic, their story enables all Americans to understand that our liberties have been won by sacrifice of many; and

WHEREAS, It is an honor for the Texas Senate to pause and pay homage to all the sailors of the USS Indianapolis who risked their lives in defense of our nation; all citizens hold these brave men in the highest esteem and are forever indebted to them; now, therefore, be it

77th Legislature — Regular Session 55th Day

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the entire crew of the USS Indianapolis for their admirable service and sacrifice during World War II; and, be it further

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

VAN DE PUTTE

GALLEGOS

JACKSON

OGDEN

SIBLEY

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 Van de Putte, the resolution was adopted by a rising vote of the Senate.

REMARKS ORDERED PRINTED

On motion of Senator Truan and by unanimous consent, the following remarks regarding SR 770 were ordered reduced to writing and printed in the Senate Journal:

Senator Van de Putte: Thank you Mr. President. This morning it is my honor along with the other Senators mentioned to offer SR 770. This resolution honors the greatest generation. Members, many of you know the story of the war in the Pacific and the great valor of those men and women who fought in the Pacific, and, in fact, in Senator Wentworth's district there is a wonderful museum, the Admiral Nimitz Museum which is the official museum of the Pacific conflict in World War II. While I was visiting there with my family I came across the legendary and tragic story of the USS Indianapolis, which began its voyage on July 30, 1945. At that time it delivered the atomic bomb that would be dropped by the Enola Gay on Hiroshima. So secret was this mission that when they fell on that day after an attack, a Japanese torpedo attack, the USS Indianapolis sank in 12 minutes. On board the Indianapolis were 1,100 men and about 300 went down with the ship. The story of the remaining 900 is inscribed in the history books and should be recollected to each generation. You see, when that ship sank 1,000 men went into the ocean, but only 317 survived the four days of shark-infested waters. You see, they had no lifeboats, no food or fresh water. These brave survivors are Texans, and I would like to ask them to please step forward if they are here on the floor today, but the 11 Texans come from your districts, they are the survivors of the USS Indianapolis: Loel Dene Cox, Paul Murphy, Audie Shows, Claudus Evans, Juan Gabrillo, Buck W. Gibson, Cleatus A. Lebo, Glenn G. Morgan, Mike G. Obledo, James D. Price, and Lindsey Z. Wilcox. These gentlemen fought for us. These are the survivors that are here with us today. The Senate and our guests in the gallery honor your duty to our country that changed the course of the war, that

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SENATE JOURNAL

changed the course of our country's history. Your valor will never be forgotten, and the members of the USS Indianapolis will never be forgotten. We are proud of you as Texans. We honor your comrades who did not come out of the water on those four days. I am proud to stand here today and recognize these men, Texans of valor, the survivors of the USS Indianapolis.

Senator Ogden: Senator Van de Putte, I want to thank you for making the effort to recognize our heroes here today and the hundreds that they served with who are no longer here with us today. I first learned about this incredible story and the heroism of these men when I was a midshipman at the United States Naval Academy almost 30 years ago. It is a proud story of our United States Navy, but it is also a personal story, too, because most of us here on the floor either have enjoyed wonderful lives, have had life, because of what you did in World War II. I think it is particularly true in my case, because my father was scheduled to be in the invasion of Japan. He had an opportunity after the war to ask President Harry Truman to autograph a picture that he happened to be standing in with the President. He said to Mr. Truman, I want to thank you for the decision that you had made to drop the atomic bomb on Japan, because I was scheduled to be in the invasion of Japan, and I might not even be here today if you hadn't made that decision. My dad said Mr. Truman paused for a long time and he looked down at the floor and he said, you know, we all hope that when we have to make tough decisions sometimes, we are right, but I think that that decision probably saved a million American lives. His decision was translated into reality because of what you did and so, in a very real sense, your sacrifice and your heroism not only brought World War II to a conclusion, it very likely saved a million American lives, and it is very possible that I would not be here today if you hadn't done what you did, so I want to thank you very much.

Senator Barrientos: Mr. President, may I add my voice to that of Senator Van de Putte. American heroes, let me add my feelings and my emotions of gratitude to say, once again, thank you. You see, there is little doubt, Members, that that horrible war touched every American family in one way or another. In my case, my uncle, my dad's brother, came back from Germany with both legs blown off; and my other uncle, my mother's brother, came back with a bayonet slash across his face. American heroes, I, we, can never say thank you enough. If we live to be a thousand years, American heroes, we can never say thank you enough. You are the greatest generation. Thank you.

Senator Van de Putte: Thank you Mr. President. It is with great honor and pleasure and with the most humblest of thanks from this generation and future generations to come that we salute the survivors of the USS Indianapolis and commemorate the memory of your comrades.

AT EASE

The President at 10:18 a.m. announced the Senate would stand At Ease subject to the call of the Chair.

IN LEGISLATIVE SESSION

The President at 10:28 a.m. called the Senate to order as In Legislative Session.

77th Legislature — Regular Session 55th Day

PHYSICIAN OF THE DAY

Senator Barrientos was recognized and presented Dr. David Carter of Austin as the Physician of the Day.

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

(Senator West in Chair)

GUESTS PRESENTED

Senator Nelson was recognized and introduced to the Senate a delegation from Leadership Lewisville.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Zaffirini was recognized and introduced to the Senate a delegation from Leadership Seguin, accompanied by Shirley Allen, Class Coordinator.

The Senate welcomed its guests.

(President in Chair)

GUESTS PRESENTED

Senator Duncan was recognized and introduced to the Senate Mayor Moe Dozier of Shallowater and his son, Kalen.

The Senate welcomed its guests.

BILL SIGNED

The President announced the signing of the following enrolled bill in the presence of the Senate after the caption had been read: HB 121.

CONCLUSION OF MORNING CALL

The President at 10:32 a.m. announced the conclusion of morning call.

COMMITTEE SUBSTITUTE

SENATE BILL 2 ON SECOND READING

On motion of Senator Brown 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 third reading:

CSSB 2, Relating to the development and management of the water resources of the state, including the ratification of the creation of certain groundwater conservation districts; providing penalties.

The bill was read second time.

Senator Brown offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 2 as follows:

On page 1, line 46, after the word "the" and before the word "commissioner" add "the commissioner of the General Land Office,"

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SENATE JOURNAL

On page 4, line 49, strike "of" and substitute "originating in"

On page 5, line 64, strike "his" and substitute "a person's"

On page 6, line 3, strike "he" and substitute "a person"

On page 6, line 20, strike "irrigation,"

On page 7, beginning on line 16, strike "an approved regional water plan" and substitute "relevant regional water plans"

On page 13, line 54, strike "advanced" and substitute "reasonable"

On page 15, line 12, after "of" and before "management" insert "groundwater"

On page 15, line 16, after "of" and before "management" insert "groundwater"

On page 15, line 19, after "each" and before "management" insert "groundwater"

On page 15, line 21, after "the" and before "management" insert "groundwater"

On page 15, line 26, after "a" and before "management" insert "groundwater"

On page 20, line 49, strike "of" and substitute "originating in"

On page 24, line 49, after the period insert "During the rulemaking process the board shall consider all groundwater uses and needs and shall develop rules which are fair, impartial and non-discriminatory."

On page 28, line 35, after "(A)" and before the semi-colon strike all existing language and substitute "setting production limits which are non-discriminatory"

On page 28, line 39, strike "maximum" and substitute "defined" and after the word "assigned" strike "by the district"

On page 28, line 40, add "or" after the semi-colon

On page 28, line 42, strike everything after "produced" and before "on"

On page 28, beginning on line 43, strike everything after the word "acre" through and including the word "district" on line 46

On page 30, line 54, strike "limitations" and substitute "conditions"

On page 32, line 4, before "is" insert "the application for which"

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

Senator Brown offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 2 as follows:

(1) In SECTION 4.01 of the bill, in subdivision (2), Subsection (b), Section 15.903, Water Code (Committee printing page 57, line 42), strike "water fee" and substitute "bottled water surcharge".

(2) In SECTION 4.03 of the bill, strike added Section 15.013, Water Code (Committee printing page 61, lines 20 through 32).

(3) In SECTION 4.03 of the bill, (Committee printing page 61, line 20), insert:

Sec. 15.013 BOTTLED WATER SURCHARGE. (a) The comptroller shall collect from each manufacturer of bottled water in the state a surcharge of five cents per individual container of water bottled for retail sale.

(b) The comptroller shall adopt any rules necessary for the administration, payment, collection, and enforcement of this surcharge under subsection (a) and shall deposit all revenues generated under this section to the water infrastructure fund.

(c) In this section, "manufacturer" means a person who bottles water for retail sale.

The amendment was read and was adopted by the following vote: Yeas 26, Nays 3, Present-not voting 1.

77th Legislature — Regular Session 55th Day

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

Nays: Fraser, Jackson, Zaffirini.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

Senator Bernsen offered the following amendment to the bill:

Floor Amendment No. 3

Amend CSSB 2 (Committee Printing) as follows:

In Section 2.01, page 4, lines 45 through 46, strike "An instream use is a beneficial use of water."

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

(Senator Armbrister in Chair)

Senator Duncan offered the following amendment to the bill:

Floor Amendment No. 4

Amend CSSB 2 as follows:

Starting on page 5, line 29, amend CSSB 2 by striking SECTION 2.03 and substituting a new SECTION 2.03 to read as follows:

Sec. 11.024. APPROPRIATION: PREFERENCES. In order to conserve and properly utilize state water, the public welfare requires not only recognition of beneficial uses but also a constructive public policy regarding the preferences between these uses, and it is therefore declared to be the public policy of this state that in appropriating state water preference shall be given to the following uses in the order named:

(1) domestic and municipal uses, including water for sustaining human life and the life of domestic animals, it being the public policy of the state and for the benefit of the greatest number of people that in the appropriation of water as herein defined, the appropriation of water for domestic and municipal uses shall be and remain superior to the rights of the state to appropriate the same for all other purposes;

(2) agricultural uses and industrial uses, meaning processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, including the development of power by means other than hydroelectric;

[(3) irrigation; ]

[(4) ] (3) mining and recovery of minerals;

[(5) ] (4) hydroelectric power;

[(6) ] (5) navigation;

[(7) ] (6) recreation and pleasure; and

[(8) ] (7) other beneficial uses.

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

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

Nays: Barrientos, Ellis, Gallegos, Jackson, Shapleigh, Truan, West, Whitmire.

Present-not voting: Mr. President.

Absent: Harris.

Absent-excused: Shapiro.

(President in Chair)

Senator Bivins offered the following amendment to the bill:

Floor Amendment No. 5

Amend CSSB 2 as follows:

1. In SECTION 2.55, Section 36.113, Water Code (page 28, Committee Printing, after line 17) by inserting a new subsection (e) to read as follows and renumbering remaining subsections appropriately:

(e) The district may impose more restrictive permit conditions on new permit applications and increased use by historic users, provided that:

(1) such limitations apply to all subsequent new permit applications and increased use by historic users, regardless of type or location of use;

(2) such limitations bear a reasonable relationship to the existing district management plan, and;

(3) such limitations are reasonably necessary to protect existing use.

2. In SECTION 2.58, Section 36.122, Water Code by striking subsection (c) (page 30, lines 51-57, Committee Printing) and inserting a new subsection to read as follows:

(c) Except as provided in Section 36.113(e), the district may not impose more restrictive permit conditions on transporters than the district imposes on existing in-district users.

The amendment was read and was adopted by the following vote: Yeas 15, Nays 13, Present-not voting 1.

Yeas: Armbrister, Bivins, Brown, Carona, Duncan, Fraser, Gallegos, Harris, Haywood, Lindsay, Moncrief, Nelson, Sibley, Wentworth, Whitmire.

Nays: Barrientos, Bernsen, Cain, Jackson, Lucio, Madla, Ogden, Shapleigh, Staples, Truan, Van de Putte, West, Zaffirini.

Present-not voting: Mr. President.

Absent: Ellis.

Absent-excused: Shapiro.

(Senator Sibley in Chair)

Senator Bivins offered the following amendment to the bill:

Floor Amendment No. 6

Amend CSSB 2 in SECTION 2.58 of the Bill in Subsection (e), Section 36.122, Water Code as follows:

77th Legislature — Regular Session 55th Day

1) On page 31, line 1, Committee Printing, after "transporter;" insert "or";

2) On page 31, line 6, Committee Printing, after "valuation", strike "; or (3) for a fee-based district, an additional 50 percent export surcharge, in addition to the district's production fee, for water transferred out of the district".

The amendment was read.

On motion of Senator Bivins and by unanimous consent, Floor Amendment No. 6 was withdrawn.

Senator Duncan offered the following amendment to the bill:

Floor Amendment No. 7

Amend CSSB 2 as follows:

Starting on page 33, line 7, amend subsection (c) to read as follows: "District fees may not be used to purchase groundwater rights unless the purchased rights are acquired for conservation purposes and are permanently held in trust not to be produced."

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

Senator Duncan offered the following amendment to the bill:

Floor Amendment No. 8

Amend CSSB 2 as follows:

1) On page 1, line 29, strike "11" and replace with "13".

2) On page 1, line 38, strike "two" and replace with "three".

3) On page 1, line 40, strike "one member" and replace with "two members".

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

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 9

Amend CSSB 2 on page 39, line 15 by inserting a new Part 3 and renumber the subsequent sections appropriately.

PART 3. HAYS/TRINITY GROUNDWATER

CONSERVATION DISTRICT

SECTION 1. CREATION AND RATIFICATION. (a) A groundwater conservation district, to be known as the Hays Trinity Groundwater Conservation District, created under SB 1911 of the 76th Legislature in a portion of Hays County, subject to approval at a confirmation election under Section 10 of that Act is hereby affirmed, ratified, and validated in this act. The district is a governmental agency and a body politic and corporate.

(b) The district is created under and is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

SECTION 2. DEFINITION. In this Act, "district" means the Hays Trinity Groundwater Conservation District.

SECTION 3. BOUNDARIES. The boundaries of the district are coextensive with the boundaries of Hays County Texas, save and exempt any areas in Hays County which are currently within another groundwater conservation district with the authority to require permit for the drilling or alteration of wells for the withdrawal of

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groundwater. Within thirty (30) days of its initial meeting and prior to holding any confirmation election, the district shall cause a description of its boundaries to be prepared and filed with the Hays County Clerk and the Texas Natural Resource Conservation Commission.

SECTION 4. FINDING OF BENEFIT. All of the land and other property included within the boundaries of the district will be benefited by the works and projects that are to be accomplished by the district under powers conferred by Section 59, Article XVI, Texas Constitution. The district is created to serve a public use and benefit.

SECTION 5. POWERS. (a) Except as provided by this act, the district has all the rights, powers, privileges, authority, functions, and duties provided by the general law of this state, including Chapter 36, Water Code, applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution. Chapter 49, Water Code, does not apply to the district. This Act prevails over any provision of general law that is in conflict or inconsistent with this Act.

(b) The rights, powers, privileges, authority, functions, and duties of the district are subject to the continuing right of supervision of the state to be exercised by and through the Texas Natural Resources Conservation Commission

(c) The district has the power to limit the transfer of groundwater out of the district, including the power to prohibit the transfer.

(d) The district does not have authority to enter property to inspect an exempt well without the property owner's permission.

(e) The Hays County Commissioners' Court, by resolution, may require an election to be conducted within six (6) months to affirm or reverse a decision of the Board of Directors of the district.

(f) The district shall not have the power to require well construction standards for residential wells higher than state standards for such wells.

SECTION 6. EXEMPTIONS. (a) The following wells are exempt from Chapter 36 Water Code rules and shall not be regulated, permitted or metered by the district:

A well used to satisfy the domestic needs of a single private residential household and producing less than 25,000 gallons per day.

A well used for conventional farming and ranching activities, not to include intensive operations such as aquaculture, livestock feedlots and poultry operations.

(b) A well used for conventional farming and ranching activities, not to include intensive operations such as aquaculture, livestock feedlots and poultry operations, is not required to obtain construction authorization.

SECTION 7. FISCAL RESPONSIBILITIES. (a) The district shall each year cause a budget to be prepared showing the proposed expenditures and disbursements and the estimated receipts and collections for the following fiscal year and shall hold a public hearing on the proposed budget after publication of a notice of hearing in a newspaper of general circulation in the county at least once not less than ten (10) days prior to the date set for the hearing. Any person who is a taxpayer of the district shall have the right to appear at the time and place designated in the notice and be heard with reference to any item shown in the proposed budget. The proposed budget shall also show the amount of revenues expected to be collected during such fiscal year.

(b) At the written request of the Hays County Commissioners Court, the county auditor shall audit the performance of the district. The court may request a general

77th Legislature — Regular Session 55th Day

audit of the performance of the district or may request an audit of only one or more particular duties, practices, functions, or other district matters.

SECTION 8. BOARD OF DIRECTORS. (a) A board of five appointed directors governs the district.

(b) Directors must reside in the district.

Each director must qualify to serve as director in the manner provided by Section 36.055, Water Code.

Directors serve staggered two-year terms.

A director serves until the director's successor has qualified.

If there is a vacancy on the board, the commissioners' court shall appoint a director to serve the remainder of the term.

The commissioners' court shall appoint a director to succeed a director on or before the date the director's term expires.

A director may not receive a salary or other compensation for service as a director but may be reimbursed for actual expenses of attending meetings at the rate in effect for employees of Hays County.

SECTION 9. APPOINTMENT AND TERMS OF INITIAL DIRECTORS. Not later than the 31st day after the effective date of this Act, the Hays County Commissioners Court shall appoint:

(1) two directors to serve terms expiring February 1, 2003; and

(2) three directors to serve terms expiring February 1, 2004.

SECTION 10. CONFIRMATION ELECTION. (a) The initial board of directors shall call and hold an election to confirm establishment of the district no later than the second Saturday in May, 2002.

(b) Section 41.001(a), Election Code, does not apply to a confirmation election held as provided by this section.

(c) Except as provided by this section, a confirmation election must be conducted as provided by Sections 36.017(b)-(h), Water Code, and the Election Code.

(d) If the establishment of the district has not been confirmed at an election held under this section before the second anniversary of the effective date of this Act, this Act expires on that date.

SECTION 11. FUNDING AUTHORITY. (a) The district may levy or collect a fee (not to exceed $300) for construction authorization for new wells completed after the effective date of this bill, except as prohibited in SECTION 6.(b).

(b) The district may levy or collect a water utility service connection fee (not to exceed $300) for all new water service connections made after the effective date of this bill. This fee may not be charged on connection fees to a water utility which has surface water as it's sole source of water.

SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. (a) The proper and legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished by the constitution and other laws of this state, including the governor, who has submitted the notice and Act to the Texas Natural Resource Conservation Commission.

(b) The Texas Natural Resource Conservation Commission has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time.

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SENATE JOURNAL

(c) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

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

Question—Shall CSSB 2 be passed to engrossment?

AT EASE

The Presiding Officer, Senator Sibley in Chair, at 12:06 p.m. announced the Senate would stand At Ease subject to the call of the Chair.

IN LEGISLATIVE SESSION

Senator Sibley at 12:12 p.m. called the Senate to order as In Legislative Session.

Question—Shall CSSB 2 be passed to engrossment?

Senator Bivins offered the following amendment to the bill:

Floor Amendment No. 10

Amend the committee printing of CSSB 2 as follows:

1) On page 30, line 68, strike "not to exceed" and insert "using one of the following methods:"

2) On page 31, line 1, after "transporter;" insert "or";

3) On page 31, line 3, between "(2)" and "the", insert a rate to to exceed";

4) On page 31, line 6 after "valuation", strike "; or (3) for a fee-based district, an additional 50 percent export surcharge, in addition to the district's production fee, for water transferred out of the district";

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

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

CSSB 2 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 2 ON THIRD READING

Senator Brown moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 2 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, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Barrientos, Wentworth.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

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

RECORD OF VOTE

Senator Barrientos asked to be recorded as voting "Nay" on the final passage of CSSB 2.

77th Legislature — Regular Session 55th Day

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 19, 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:

SB 199, Relating to prohibiting the possession of firearms by certain individuals convicted of or otherwise found to have committed family violence; providing penalties.

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

SB 576, Relating to the University of North Texas System and the component institutions of that system.

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

SB 813, Relating to the creation of the spaceport trust fund.

SB 831, Relating to the establishment of a medical assistance buy-in pilot program for certain persons with disabilities.

(Amended)

SB 858, Relating to the regulation and promotion of the oyster industry in this state.

SB 1223, Relating to court reporters and court reporting firms.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

GUESTS PRESENTED

Senator Lindsay was recognized and introduced to the Senate a delegation from Leadership North Houston.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Truan was recognized and introduced to the Senate a delegation of officials from the Kingsville Chamber of Commerce: Cesar Silva, President; Joe

Thursday, April 19, 2001

SENATE JOURNAL

Cisneros, Executive Director; Bobby Vela, Membership and Marketing; Oscar Fuentes and Bob Odom, Board of Directors; and Hector Hinojosa, Kingsville City Manager.

The Senate welcomed its guests.

HOUSE BILL 1362 ON THIRD READING

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

HB 1362, Relating to the regulation of dangerous wild animals; providing for the imposition of civil penalties and the prosecution and punishment of certain related offenses.

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

(President in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 1182 ON SECOND READING

On motion of Senator Wentworth 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 1182, Relating to categories of information that are presumed to be available to the public under the public information law.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1096 ON SECOND READING

On motion of Senator Cain 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 1096, Relating to economic incentives to attract horse racing events of national significance.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1096 ON THIRD READING

Senator Cain moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1096 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, Harris, Haywood, Jackson, Lindsay, Lucio, Madla,

77th Legislature — Regular Session 55th Day

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

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

SENATE BILL 1404 ON SECOND READING

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

SB 1404, Relating to the establishment by the Texas Department of Transportation of a highway construction pilot program that includes a limited pavement warranty.

There was objection.

Senator Madla then moved to suspend the regular order of business and take up SB 1404 for consideration at this time.

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

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

Nays: Bernsen, Cain, Gallegos, Lindsay.

Present-not voting: Mr. President.

Absent: Armbrister, Haywood.

Absent-excused: Shapiro.

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

SENATE BILL 1404 ON THIRD READING

Senator Madla moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1404 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 23, Nays 5, Present-not voting 2.

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

Nays: Bernsen, Cain, Gallegos, Lindsay, Wentworth.

Present-not voting: Haywood, Mr. President.

Absent-excused: Shapiro.

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

Thursday, April 19, 2001

SENATE JOURNAL

COMMITTEE SUBSTITUTE

SENATE BILL 873 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 873, Relating to infrastructure planning in certain urban counties.

The bill was read second time.

Senator Lindsay offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 873 (Senate Committee Printing) as follows:

1. In SECTION 1 of the bill, strike the new Subsection 232.100(2) (Committee Printing, page 1, lines 20-24), and substitute the following:

(2) in a county:

(A) with a population of 700,000 or more;

(B) adjacent to a county with a population of 700,000 or more and within the same metropolitan statistical area as designated by the United States Office of Management and Budget; or

(C) a county of a population of 150,000 or more and adjacent to an international border.

2. In SECTION 1 of the bill, in the new Sec. 232.102 (page 1, lines 49-56), strike all of subsection (1), and in subsections (2) and (3) strike "150" and replace with "120" in both instances, and renumber the subsequent subsections appropriately.

3. In SECTION 1 of the bill, in the new Sec. 232.103 (page 1, lines 62-63), insert "reasonable" between "adopt" and "standards", and also insert "existing" between "on" and "county roads".

4. In SECTION 1 of the bill, in the new Sec. 232.104 (page 2, line 4), insert "reasonable" between "establish" and "building".

5. In SECTION 1 of the bill, in the new Sec. 232.105 (page 2, lines 37-38), strike all of Subsection (f).

6. In SECTION 2 of the bill, in the amended Sec. 242.001(a) (page 2, line 51), restore the following deleted language "Sections 232.001-232.005 or" and strike "A,".

7. Strike SECTION 3 of the bill (page 2, line 53), and substitute the following:

SECTION 3. (a) This Act takes effect September 1, 2001.

(b) The changes in law made by this Act apply only to a subdivision of land for which a plat application is filed on or after September 1, 2001. A subdivision of land for which a plat application was filed before September 1, 2001, is governed by the law in effect when the plat application was filed, and the former law is continued in effect for that purpose.

The amendment was read.

Senator Sibley offered the following amendment to the amendment:

Floor Amendment No. 2

Amend Floor Amendment No. 1 to CSSB 873 as follows:

(1) Strike Part one of the amendment.

(2) Insert the following as Part one of the amendment: "In SECTION 1 of the bill, strike the new Subsection 232.100(2) (Committee Printing, page 1, lines 20-24), and substitute the following:

77th Legislature — Regular Session 55th Day

(2) in a county:

(A) with a population of 200,000 or more; or

(B) adjacent to a county with a population of 700,000 or more and within the same metropolitan statistical area as designated by the United States Office of Management and Budget."

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

Question recurring on the adoption of Floor Amendment No. 1 as amended, the amendment as amended 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 873 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 873 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 873 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, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

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

COMMITTEE SUBSTITUTE

SENATE BILL 368 ON SECOND READING

On motion of Senator Zaffirini 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 368, Relating to permanency planning procedures for children in state institutions.

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

COMMITTEE SUBSTITUTE

SENATE BILL 368 ON THIRD READING

Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 368 be placed on its third reading and final passage.

Thursday, April 19, 2001

SENATE JOURNAL

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, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

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

PERSONAL PRIVILEGE STATEMENT

Senator Barrientos was recognized and addressed the Senate on a matter of personal privilege.

COMMITTEE SUBSTITUTE

SENATE BILL 102 ON SECOND READING

On motion of Senator Nelson 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 102, Relating to the regulation of cloning of human beings; providing penalties.

The bill was read second time.

Senator West offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 102, in SECTION 1 of the bill, Subsection (a), Section 161.404, Health and Safety Code (Committee printing page 1, line 40), between "not" and "more", by inserting "less than $5 million or".

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

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

CSSB 102 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 102 ON THIRD READING

Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 102 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, Harris, Haywood, Jackson, Lindsay, Lucio, Madla,

77th Legislature — Regular Session 55th Day

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1376 ON SECOND READING

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

CSSB 1376, Relating to amelioration of convalescent and nursing home and intermediate care facility violations; waiving the right to an administrative hearing.

There was objection.

Senator Moncrief then moved to suspend the regular order of business and take up CSSB 1376 for consideration at this time.

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

Yeas: Armbrister, Barrientos, 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: Harris.

Present-not voting: Mr. President.

Absent: Bernsen.

Absent-excused: Shapiro.

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

RECORD OF VOTE

Senator Harris asked to be recorded as voting "Nay" on the passage of CSSB 1376 to engrossment.

COMMITTEE SUBSTITUTE

SENATE BILL 1376 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 1376 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,

Thursday, April 19, 2001

SENATE JOURNAL

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

Nays: Harris, Wentworth.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

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

RECORD OF VOTE

Senator Harris asked to be recorded as voting "Nay" on the final passage of CSSB 1376.

COMMITTEE SUBSTITUTE

SENATE BILL 1590 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 1590, Relating to the admissibility of evidence relating to certain Texas Department of Human Services investigations or surveys in certain actions or proceedings.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1590 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 1590 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, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

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: Shapiro.

77th Legislature — Regular Session 55th Day

COMMITTEE SUBSTITUTE

SENATE BILL 1593 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 1593, Relating to nursing institutions, assisted living facilities, and intermediate care facilities for the mentally retarded.

The bill was read second time.

Senator Moncrief offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1593 as follows:

(1) In Subsection (d), Section 22.037, Human Resources Code, as added by SECTION 1 of the bill (committee printing, page 1, line 44) between "gerontology" and the period insert "or care for individuals with cognitive or physical disabilities, as appropriate".

(2) In Subsection (e), Section 22.037, Human Resources Code, as added by SECTION 1 of the bill (committee printing, page 1, line 47) between "gerontology" and the period insert "or care for individuals with cognitive or physical disabilities, as appropriate".

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 1593 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 1593 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 1593 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, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

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

Thursday, April 19, 2001

SENATE JOURNAL

SENATE BILL 309 ON SECOND READING

On motion of Senator Harris 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 309, Relating to the application of the sunset review process to certain governmental entities.

The bill was read second time.

Senator Harris offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 309 as follows:

Strike Section 3 of the bill and renumber the subsequent sections appropriately.

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

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

SB 309 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 309 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 309 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, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

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

COMMITTEE SUBSTITUTE

SENATE BILL 886 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 886, Relating to motor vehicle size and weight limitations.

The bill was read second time.

77th Legislature — Regular Session 55th Day

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 886 by striking Section 31(c), page 15, lines 22-27.

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

Senator Fraser offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 886 by adding a new Section 621.402(c), Transportation Code, (SECTION 13 on page 4 line 13) and renumbering the following subsections accordingly:

(c) Prior to assessment of a penalty for weight which exceeds the maximum allowable axle weights, the owner or operator is authorized to shift the load to reduce or eliminate such excess axle weight penalties as long as no part of the shipment is removed.

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

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

CSSB 886 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 886 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 886 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, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

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

COMMITTEE SUBSTITUTE

SENATE BILL 221 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 221, Relating to government purchasing using the reverse auction procedure.

The bill was read second time.

Thursday, April 19, 2001

SENATE JOURNAL

Senator Staples offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 221 by striking SECTION 8 of the bill (page 3, lines 12-16, Senate Committee Printing), and substituting the following:

SECTION 8. (a) This Act takes effect August 1, 2001, if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for effect on that date, this Act takes effect on the 91st day after the last day of the legislative session.

(b) The changes in law made by this Act apply only to a contract for which requests for bids, proposals, or other applicable notice of an intent to contract are published or distributed on or after that date.

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

COMMITTEE SUBSTITUTE

SENATE BILL 221 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 221 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, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

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: Shapiro.

COMMITTEE SUBSTITUTE

SENATE BILL 731 ON SECOND READING

On motion of Senator Brown 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 731, Relating to the liability of an officer of a nonprofit corporation.

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

77th Legislature — Regular Session 55th Day

COMMITTEE SUBSTITUTE

SENATE BILL 731 ON THIRD READING

Senator Brown moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 731 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, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

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

COMMITTEE SUBSTITUTE

SENATE BILL 8 ON SECOND READING

On motion of Senator Cain 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 8, Relating to discrimination in health care rates and reimbursement; providing administrative penalties.

The bill was read second time.

Senator Cain offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 8 as follows:

(1) On page 2, lines 4 through 10, strike Sec. 3 and substitute a new Sec. 3 as follows:

Sec. 3. REIMBURSEMENT FOR SERVICES. When reimbursing a physician or provider for reproductive health and oncology services provided to women, a health benefit plan must pay an amount not less than the annual average compensation per hour or unit as would be paid in the service area to a physician or provider for the same medical, surgical, hospital, pharmaceutical, nursing or other similar resources, as applicable, that would be used in providing health services exclusively to men or to the general population.

(2) On page 2, lines 11 through 21, strike Sec. 4. and renumber the subsequent sections appropriately.

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

Thursday, April 19, 2001

SENATE JOURNAL

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 8 in Section 3 of the bill, in added Article 21.53N, Insurance Code, following Section 6 of that article (senate committee printing, page 2, between lines 47 and 48), by inserting the following:

Sec. 7. This article does not require the issuer of a health benefit plan to provide reimbursement for an abortion as defined by the Family Code or related services.

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

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

CSSB 8 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 8 to engrossment.

COMMITTEE SUBSTITUTE

SENATE BILL 8 ON THIRD READING

Senator Cain moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 8 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, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Ogden, Wentworth.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

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

RECORD OF VOTE

Senator Ogden asked to be recorded as voting "Nay" on the final passage of CSSB 8.

COMMITTEE SUBSTITUTE

SENATE BILL 471 ON SECOND READING

Senator Carona moved to suspend the regular order of business to take up for consideration at this time:

CSSB 471, Relating to deferred deposit loans.

77th Legislature — Regular Session 55th Day

The motion prevailed by the following vote: Yeas 20, Nays 8, Present-not voting 1.

Yeas: Armbrister, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Harris, Haywood, Jackson, Lindsay, Lucio, Moncrief, Nelson, Ogden, Sibley, Staples, Wentworth, Whitmire.

Nays: Barrientos, Bernsen, Gallegos, Madla, Shapleigh, Truan, Van de Putte, Zaffirini.

Present-not voting: Mr. President.

Absent: West.

Absent-excused: Shapiro.

The bill was read second time.

Senator Carona offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 471 as follows:

(1)  In Section 342.601(2), Finance Code, as added by SECTION 1 of the bill (Committee printing, page 1, lines 29 and 30), strike "signed by a borrower and" and substitute "of a borrower".

(2)  In Section 342.608(a), Finance Code, as added by SECTION 1 of the bill (Committee printing, page 2, line 33), between "(a)" and "A", insert: "A deferred deposit loan agreement must require that, before renewal of the loan, the borrower must have paid all finance charges accrued to the time of the renewal plus an amount equal to at least 10 percent of the principal amount of the loan at the time the loan was made, in the case of the first renewal, or at the time of the preceding renewal, in the case of a subsequent renewal. The loan may be renewed without payment of 10 percent of the applicable principal amount if the finance charge on renewal is computed only on the principal amount of the loan that would have remained unpaid if the borrower had paid 10 percent of the applicable principal amount."

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

Senator Shapleigh offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 471 as follows:

Strike Sec. 342.604 in its entirety and substitute the following:

Sec. 342.604. AUTHORIZED FINANCE CHARGE. A lender may charge a finance charge not to exceed the finance charge authorized in Subchapter F, Finance Code.

The amendment was read.

Senator Carona moved to table Floor Amendment No. 2.

The motion to table was lost by the following vote: Yeas 14, Nays 14, Present-not voting 1.

Yeas: Armbrister, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Harris, Haywood, Moncrief, Nelson, Sibley, Wentworth.

Thursday, April 19, 2001

SENATE JOURNAL

Nays: Barrientos, Bernsen, Gallegos, Jackson, Lindsay, Lucio, Madla, Ogden, Shapleigh, Staples, Truan, Van de Putte, Whitmire, Zaffirini.

Present-not voting: Mr. President.

Absent: West.

Absent-excused: Shapiro.

Question recurring on the adoption of Floor Amendment No. 2, the amendment was adopted by the following vote: Yeas 14, Nays 12, Present-not voting 1.

Yeas: Barrientos, Bernsen, Gallegos, Jackson, Lindsay, Lucio, Madla, Ogden, Shapleigh, Staples, Truan, Van de Putte, Whitmire, Zaffirini.

Nays: Armbrister, Bivins, Brown, Cain, Carona, Duncan, Ellis, Harris, Haywood, Moncrief, Nelson, Wentworth.

Present-not voting: Mr. President.

Absent: Fraser, Sibley, West.

Absent-excused: Shapiro.

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

CSSB 471 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 1519 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 1519, Relating to the executive director and engineering personnel of the Texas Department of Transportation.

The bill was read second time.

Senator Lucio offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend SB 1519 by striking SECTION 1 of the bill and renumbering the subsequent sections appropriately.

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

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

SB 1519 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 1519 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 1519 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, Harris, Haywood, Jackson, Lindsay, Lucio, Madla,

77th Legislature — Regular Session 55th Day

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Shapiro.

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: Shapiro.

SENATE RULE 11.10 SUSPENDED

(Posting Rule)

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

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Ellis and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Finance might consider SJR 49 today.

NOTICE GIVEN FOR

LOCAL AND UNCONTESTED CALENDAR

Senator Cain announced that a Local and Uncontested Calendar had been furnished to each Member of the Senate. He then gave notice that the Local and Uncontested Calendar Session would be held at 8:00 a.m. tomorrow and that all bills and resolutions would be considered on second and third reading in the order in which they were listed.

MOTION TO ADJOURN

On motion of Senator Truan, the Senate at 2:55 p.m. agreed to adjourn, upon conclusion of the Local and Uncontested Calendar Session tomorrow, until 10:00 a.m. tomorrow.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolution

HCR 106 (Cain), In memory of Warwick H. Jenkins III of Waxahachie.

Congratulatory Resolutions

SR 764 by Whitmire, Congratulating Brandon Barrett Eads.

SR 765 by West, Congratulating Erin Walker.

SR 766 by West, Congratulating Jerrika Hinton.

SR 767 by West, Congratulating Danielle Jones of Grand Prairie.

SR 768 by West, Congratulating Amy Walker of Dallas.

Thursday, April 19, 2001

SENATE JOURNAL

SR 769 by West, Congratulating Ngyhia Randle of Dallas.

SR 771 by Nelson, Congratulating Kittie McKee Nelson of Lewisville.

SR 772 by Nelson, Congratulating Dr. Bobby Q. Lanier of Fort Worth.

SR 773 by Duncan, Commending the City of Odessa.

SR 775 by Moncrief, Congratulating Conrad M. Kay of Fort Worth.

Designation Resolution

SR 774 by Barrientos, Declaring the week of May 6 through 12, 2001, Occupational Safety and Health Week in the State of Texas.

RECESS

On motion of Senator Truan, the Senate at 2:57 p.m. recessed until 8:00 a.m. tomorrow for the Local and Uncontested Calendar Session.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

April 19, 2001

FINANCE — SB 1649, SB 1650

BUSINESS AND COMMERCE — CSSB 275, CSSB 1268, SB 1514, CSSB 1598, SB 1740

REDISTRICTING — HB 1754

CRIMINAL JUSTICE — CSSB 850, CSSB 904

NATURAL RESOURCES — CSSB 1331, HB 906 (Amended)

JURISPRUDENCE — CSSB 638, SB 58 (Amended), CSSB 869, SB 700 (Amended), SB 56 (Amended)

INTERGOVERNMENTAL RELATIONS — SB 985, SB 1535, SB 1564, SB 1632, SB 1708, SB 1781, SB 1789, HB 666, HB 1619

ADMINISTRATION — CSSB 1800

EDUCATION — SB 998, SB 1545, SB 1726

INTERGOVERNMENTAL RELATIONS — CSSB 382, CSSB 929, CSSB 986, CSSB 1315, SB 1344 (Amended), CSSB 1398, CSSB 1544, CSSB 1710,

77th Legislature — Regular Session 55th Day

CSSB 1711, SB 1716 (Amended), SB 1736 (Amended), CSSB 1737, SB 1759 (Amended), CSSB 1780, CSSB 1782

SENT TO GOVERNOR

April 19, 2001

SB 417, SB 923