Friday, April 20, 2001

SENATE JOURNAL

FIFTY-SIXTH DAY

Friday, April 20, 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, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini, Mr. President.

Absent-excused: Carona, Madla.

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

The Reverend Earl J. Banning, Braeswood Assembly of God, Houston, offered the invocation as follows:

Our father God, we ask You to assist us today in fulfilling Your desire, as presented to us in our Lord's prayer. You taught us to pray: "Our father which art in heaven, hallowed be Thy name. Thy kingdom come. Thy will be done on Earth, in government, even as it is in heaven."

God, we need Your help to accomplish this day's duties. You have chosen these people by their peers to fulfill their tasks in government. Dear God, grant them the wisdom, authority, compassion, and grace to succeed.

Lord, how can we know when to come in and go out without Your guidance? We believe and expect You to communicate Your will to each person hearing this prayer. You are our God, and as You direct our lives in heaven, we are, therefore, able to bring Your will to pass on Earth, through our submission to Your divine word and revealed will.

Father, teach us to hear what You hear as we give attention to the multiple tasks before us. We truly wish to accomplish Your will, Your way, and, therefore, we reach out our petition to You, seeking help and guidance in government. We recognize we are stewards seeking wisdom to bring health and happiness to the subjects of Your kingdom, Earth's humanity. Amen.

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

77th Legislature — Regular Session 56th Day

LEAVES OF ABSENCE

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

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

CO-AUTHOR OF SENATE BILL 27

On motion of Senator Shapiro and by unanimous consent, Senator Barrientos will be shown as Co-author of SB 27.

CO-AUTHOR OF SENATE BILL 638

On motion of Senator Barrientos and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 638.

CO-AUTHOR OF SENATE BILL 985

On motion of Senator Duncan and by unanimous consent, Senator West will be shown as Co-author of SB 985.

CO-AUTHOR OF SENATE BILL 1432

On motion of Senator West and by unanimous consent, Senator Shapiro will be shown as Co-author of SB 1432.

CO-AUTHORS OF SENATE BILL 1461

On motion of Senator Nelson and by unanimous consent, Senators Lindsay, Staples, and Van de Putte will be shown as Co-authors of SB 1461.

PERMISSION TO INTRODUCE BILL AND RESOLUTION

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 bill and resolution: SB 1816, SCR 48.

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

Present-not voting: Mr. President.

Absent-excused: Carona, Madla.

SENATE BILL AND RESOLUTION ON FIRST READING

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

SB 1816 by Jackson

Relating to the certification by a chief appraiser of certain taxable properties not included in the initial appraisal roll for a taxing unit.

To Committee on Intergovernmental Relations.

SCR 48 by Bivins

Granting Cyral and Patricia Farley permission to sue the state and the General Land Office.

To Committee on Finance.

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SENATE JOURNAL

HOUSE BILLS ON FIRST READING

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

HB 2 to Committee on State Affairs.

HB 10 to Committee on Intergovernmental Relations.

HB 223 to Committee on Criminal Justice.

HB 234 to Committee on Veteran Affairs and Military Installations.

HB 409 to Committee on Business and Commerce.

HB 482 to Committee on Health and Human Services.

HB 651 to Committee on Natural Resources.

HB 678 to Committee on State Affairs.

HB 785 to Committee on Intergovernmental Relations.

HB 845 to Committee on Business and Commerce.

HB 947 to Committee on Jurisprudence.

HB 1168 to Committee on State Affairs.

HB 1193 to Committee on Business and Commerce.

HB 1314 to Committee on Criminal Justice.

HB 1514 to Committee on Business and Commerce.

HB 1636 to Committee on Business and Commerce.

HB 1768 to Committee on Business and Commerce.

HB 1938 to Committee on Education.

HB 2249 to Committee on Jurisprudence.

HB 2310 to Committee on Natural Resources.

HB 2494 to Committee on Criminal Justice.

HB 2495 to Committee on Business and Commerce.

HB 2575 to Committee on Education.

HB 2700 to Committee on Health and Human Services.

HB 2840 to Committee on Education.

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 199, SB 565, SB 576, SB 716, SB 813, SB 858, SB 1223.

GUESTS PRESENTED

Senator Lucio was recognized and introduced to the Senate Junior Reserve Officer Training Corps drill team members from Homer Hanna High School in Brownsville, accompanied by Major Raul Salinas, First Sergeant Armando Ochoa, and Sergeant First Class Janie Winston.

The Senate welcomed its guests.

77th Legislature — Regular Session 56th Day

CONCLUSION OF MORNING CALL

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

GUESTS PRESENTED

Senator Armbrister was recognized and introduced to the Senate a group of representatives of the Associated Student Government from Southwest Texas State University in San Marcos.

The Senate welcomed its guests.

COMMITTEE SUBSTITUTE

SENATE BILL 1182 ON THIRD 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 third reading and final passage:

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 third time and was passed by the following vote: Yeas 28, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Carona, Madla.

COMMITTEE SUBSTITUTE

SENATE BILL 1735 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 1735, Relating to special education programs and the educational rights of minors with disabilities and other minors whose disabilities are removed for general purposes.

The bill was read second time.

Senator Cain offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1735 as follows:

(1) In SECTION 6 of the committee substitute (page 2, line 29 of the committee report), strike the underlined sentence in subsection (a) and substitute: Any disciplinary action regarding a student with disabilities that would constitute a change on placement under federal law may only occur after a manifestation determination

Friday, April 20, 2001

SENATE JOURNAL

review has been conducted by the student's admission, review and dismissal committee.

(2) In SECTION 6 of the committee substitute (page 2, line 40 of the committee report), strike subsection (c) and substitute a new subsection (c) to read as follows: A teacher in a disciplinary alternative education program who has a special education assignment must hold an appropriate certificate or permit for that assignment. A student with a disability who receives special education services may not be placed in alternative education programs solely for educational purposes if the student does not meet the criteria for alternative placement in Section 37.006(a) or 37.007(a) .

(3) In SECTION 8 of the committee substitute (page 3, line 15 of the committee report), amend Section 29.017 and add a new (d) to read as follows: The Commissioner shall adopt rules implementing the provisions of 34 C.F.R. Section 300.517(b).

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 1735 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 1735 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 1735 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Carona, Madla.

The bill was read third time and was passed by the following vote: Yeas 28, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Carona, Madla.

COMMITTEE SUBSTITUTE

SENATE BILL 292 ON SECOND READING

On motion of Senator Armbrister 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:

77th Legislature — Regular Session 56th Day

CSSB 292, Relating to programs and systems administered by the Employees Retirement System of Texas.

The bill was read second time.

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 292, in SECTION 40 of the bill, as follows:

(1)  Strike Subdivision (4) of the section (Committee printing page 13, line 53).

(2)  In Subdivision (5) of the section (Committee printing page 13, line 54), strike "(5)" and substitute "(4)".

(3)  In Subdivision (6) of the section (Committee printing page 13, line 55), strike "(6)" and substitute "(5)".

(4)  In Subdivision (7) of the section (Committee printing page 13, line 58), strike "(7)" and substitute "(6)".

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

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

CSSB 292 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 292 ON THIRD READING

Senator Armbrister moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 292 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Carona, Madla.

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

RESOLUTIONS SIGNED

The President announced the signing of the following enrolled resolutions in the presence of the Senate: HCR 100, HCR 106.

SENATE BILL 40 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:

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SENATE JOURNAL

SB 40, Relating to tuition assistance for licensed vocational nursing students who agree following their licensure to practice in long-term care facilities.

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

SENATE BILL 40 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 SB 40 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Carona, Madla.

The bill was read third time and was passed by the following vote: Yeas 28, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Carona, Madla.

COMMITTEE SUBSTITUTE

SENATE BILL 27 ON SECOND READING

On motion of Senator Shapiro 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 27, Relating to the creation of an address confidentiality program to assist victims of family violence or stalking in maintaining confidential addresses.

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

COMMITTEE SUBSTITUTE

SENATE BILL 27 ON THIRD READING

Senator Shapiro moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 27 be placed on its third reading and final passage.

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

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

77th Legislature — Regular Session 56th Day

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Carona, Madla.

The bill was read third time and was passed by the following vote: Yeas 28, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Carona, Madla.

GUESTS PRESENTED

Senator Van de Putte was recognized and introduced to the Senate Sally Bethea, Mariann Santos, Anaka Rivera, Monica Gutierrez, Richard Mike Smith, Tony Grothes, Nancy Brann, and Kristen Stehling, undergraduate and graduate students from Our Lady of the Lake University in San Antonio.

The Senate welcomed its guests.

COMMITTEE SUBSTITUTE

SENATE BILL 51 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 51, Relating to the provision of Medicaid to certain persons making the transition from foster care to independent living.

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

COMMITTEE SUBSTITUTE

SENATE BILL 51 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 51 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Carona, Madla.

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

Friday, April 20, 2001

SENATE JOURNAL

COMMITTEE SUBSTITUTE

SENATE BILL 1539 ON SECOND READING

On motion of Senator Duncan 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 1539, Relating to the powers of the Lubbock Reese Redevelopment Authority.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1539 ON THIRD READING

Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1539 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Carona, Madla.

The bill was read third time and was passed by the following vote: Yeas 28, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Carona, Madla.

COMMITTEE SUBSTITUTE

SENATE BILL 1202 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 1202, Relating to the limits on compensation paid by the state to certain victims of crime.

The bill was read second time.

77th Legislature — Regular Session 56th Day

Senator Lindsay offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1202 by adding the following in SECTION 1:

(a) Except as otherwise provided by this article, awards payable to a victim and all other claimants sustaining pecuniary loss because of injury or death of that victim may not exceed $100,000 [$50,000 ] in the aggregate.

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

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

CSSB 1202 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 1202 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 1202 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Carona, Madla.

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

PHYSICIAN OF THE DAY

Senator Ogden was recognized and presented Dr. John Frederick of Bryan as the Physician of the Day.

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

SENATE BILL 1047 ON SECOND READING

On motion of Senator Shapiro 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 1047, Relating to the expunction or clarification of certain criminal history record information.

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

Friday, April 20, 2001

SENATE JOURNAL

SENATE BILL 1047 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 SB 1047 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Carona, Madla.

The bill was read third time and was passed by the following vote: Yeas 28, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Carona, Madla.

(Senator Armbrister in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 704 ON SECOND READING

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

CSSB 704, Relating to standardized school district dress codes.

There was objection.

Senator West then moved to suspend the regular order of business and take up CSSB 704 for consideration at this time.

The motion prevailed by the following vote: Yeas 23, Nays 2, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Brown, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Lindsay, Moncrief, Nelson, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini.

Nays: Jackson, Ogden.

Present-not voting: Mr. President.

Absent: Bivins, Cain, Lucio.

Absent-excused: Carona, Madla.

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

77th Legislature — Regular Session 56th Day

RECORD OF VOTES

Senators Jackson and Ogden asked to be recorded as voting "Nay" on the passage of CSSB 704 to engrossment.

COMMITTEE SUBSTITUTE

SENATE BILL 704 ON THIRD READING

Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 704 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 25, Nays 3, Present-not voting 1.

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

Nays: Jackson, Ogden, Wentworth.

Present-not voting: Mr. President.

Absent-excused: Carona, Madla.

The bill was read third time and was passed by the following vote: Yeas 26, Nays 2, Present-not voting 1.

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

Nays: Jackson, Ogden.

Present-not voting: Mr. President.

Absent-excused: Carona, Madla.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 20, 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 110, Honoring professional golfer Charles Coody of Abilene.

HCR 118, In honor of Greg Brown for his receipt of a Dallas 100 Award.

Friday, April 20, 2001

SENATE JOURNAL

HCR 120, Honoring the Work Advantage Tarrant County Workforce Development Board for its many civic contributions.

HCR 123, Honoring LaDainian Tomlinson on his receipt of the 2000 Doak Walker Award.

HCR 127, Honoring Julie Euseppi for her outstanding service to the office of State Representative Glenn O. Lewis.

HCR 128, Honoring Steve Palko for being named Business Volunteer of the Year by the National Alliance of Business.

HCR 141, Honoring Gloria Zuniga of Brownwood, an intern in State Representative Glenn Lewis's district office, for her outstanding service.

HCR 146, Honoring Trinna Ashley as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 147, Honoring Gary Don Boswell as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 148, Honoring Ola C. Bradford as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 149, Honoring Tom E. Carter as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 150, Honoring Linda Edwards as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 151, Honoring Kimberly Estrada as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 152, Honoring Novella Langham as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 153, Honoring E. Cloye Largent as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 154, Honoring Betty Lewis as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 155, Honoring Arlene Manning as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 156, Honoring Janie Webb as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 157, Honoring Lisa White as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 215, Honoring the Natural Resources Institute for its many contributions to the state.

SCR 47, Honoring the retired Houston Ship Channel pilots and designating each of them as a Pilot Emeritus.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

77th Legislature — Regular Session 56th Day

SENATE BILL 618 ON SECOND READING

On motion of Senator Van de Putte 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 618, Relating to the eligibility for appointment of a visiting associate judge in certain family law cases.

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

SENATE BILL 618 ON THIRD READING

Senator Van de Putte moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 618 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Carona, Madla.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1185 ON SECOND READING

On motion of Senator Whitmire 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 1185, Relating to the construction of certain telecommunications facilities.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1185 ON THIRD READING

Senator Whitmire moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1185 be placed on its third reading and final passage.

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

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

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SENATE JOURNAL

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Carona, Madla.

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

(President in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 1304 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:

CSSB 1304, Relating to the creation of a missing persons DNA database at the University of North Texas Health Science Center at Fort Worth; creating an offense for the release of confidential information in the database and failure to destroy samples.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1304 ON THIRD READING

Senator Harris moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1304 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Carona, Madla.

The bill was read third time and was passed by the following vote: Yeas 28, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Absent-excused: Carona, Madla.

77th Legislature — Regular Session 56th Day

SENATE BILL 1421 ON SECOND READING

On motion of Senator West 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 1421, Relating to certain court costs imposed on a person convicted of an offense.

The bill was read second time.

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 1421 in SECTION 1 by adding new Subsection (n) to read as follows:

(n) In addition to the costs on conviction imposed by Subsections (a) and (m), a person convicted of an offense described by Subsection (a) shall pay 50 cents on conviction of the offense. The comptroller shall deposit money received under this subsection to the credit of an account in the state treasury to be used only for the establishment and operation of the Correctional Management Institute of Texas and Criminal Justice Center account. Subsection (h) does not apply to money received under this subsection.

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

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

SB 1421 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 1421 ON THIRD READING

Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1421 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Carona, Madla.

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

PERMISSION TO INTRODUCE BILL AND RESOLUTION

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 bill and resolution: SB 10, SJR 52.

Friday, April 20, 2001

SENATE JOURNAL

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

Present-not voting: Mr. President.

Absent-excused: Carona, Madla.

SENATE BILL AND RESOLUTION ON FIRST READING

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

SB 10 by Bivins, Cain, Ellis, Shapiro, Sibley, Staples, Truan, Van de Putte, Zaffirini

Relating to benefits, including group benefits coverage, for certain participants of the Teacher Retirement System of Texas and employees of certain charter schools.

To Committee on Education.

SJR 52 by Bivins

Proposing a constitutional amendment to authorize the legislature to use contributions to the pension fund of the Teacher Retirement System of Texas to finance health care benefits for retirees of that system.

To Committee on Education.

GUESTS PRESENTED

Senator Ellis was recognized and introduced to the Senate a group of potential students of The University of Texas School of Law.

The Senate welcomed its guests.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolution

SR 781 by Wentworth, In memory of Earl Wesley Smith of San Angelo.

Congratulatory Resolutions

SR 776 by West, Commending the Williamsburg Village Senior Healthcare Centers.

SR 777 by Ogden, Congratulating Tom Chandler.

SR 778 by Ellis, Congratulating Jessica Polito.

SR 779 by Ellis, Congratulating Onaje Barnes.

SR 780 by Gallegos, Commending the Sims Bayou Urban Nature Center in Houston.

ADJOURNMENT

On motion of Senator Truan, the Senate at 11:18 a.m. adjourned until 10:00 a.m. Monday, April 23, 2001.

77th Legislature — Regular Session 56th Day

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

April 20, 2001

HEALTH AND HUMAN SERVICES — SB 283

STATE AFFAIRS — CSSB 372, CSSB 520, SB 796, CSSB 1445, CSSB 1575, SB 1615, HB 642, HB 1664 (Amended), HB 1665 (Amended)

JURISPRUDENCE — CSSB 1569

FINANCE — CSSJR 44

EDUCATION — CSSB 334, CSSB 1728, CSSB 1525, CSSB 1429, CSSB 599

NATURAL RESOURCES — CSSB 312, CSSB 910, CSSB 1541

HEALTH AND HUMAN SERVICES — CSSB 1053

SENT TO GOVERNOR

April 20, 2001

SB 199, SB 565, SB 576, SB 716, SB 813, SB 858, SB 1223