Monday, April 23, 2001

SENATE JOURNAL

FIFTY-SEVENTH DAY

Monday, April 23, 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, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini, Mr. President.

Absent-excused: Carona.

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

The Reverend David Schroder, Redeemer Lutheran Church, Austin, offered the invocation as follows:

Almighty God, You have kept Your promises. You have promised never to forsake us. You have promised always to uphold us. You have promised to guide us. You have promised to forgive us. You have promised always to hear us. So, heavenly father, we come to You as we begin the work of this day. This morning we pray for all those we have elected in this Senate to govern us. Give us and them the wisdom to know what to conserve from the past and what should be changed in the present. Lord, God, You kept Your promises to us. Help us always to keep our promises to others. And then, Lord, open our eyes to the larger community in which we share life with all humanity, until we see our place in Your plan. In the name of the Lord. Amen.

On motion of Senator Truan and by unanimous consent, the reading of the Journal of the proceedings of Friday, April 20, 2001, was dispensed with and the Journal was approved.

LEAVE OF ABSENCE

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

CO-AUTHOR OF SENATE BILL 427

On motion of Senator Lucio and by unanimous consent, Senator Barrientos will be shown as Co-author of SB 427.

77th Legislature — Regular Session 57th Day

CO-AUTHOR OF SENATE BILL 819

On motion of Senator Armbrister and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 819.

CO-AUTHOR OF SENATE BILL 850

On motion of Senator Barrientos and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 850.

CO-AUTHOR OF SENATE BILL 1156

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

CO-AUTHOR OF SENATE BILL 1727

On motion of Senator Cain and by unanimous consent, Senator West will be shown as Co-author of SB 1727.

CO-AUTHOR OF SENATE BILL 1798

On motion of Senator Bivins and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 1798.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 23, 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 65, Relating to the assignment of the judge of the 378th District Court as a visiting judge.

HB 66, Relating to the regulation of certain water well drillers.

HB 100, Relating to the regulation of certain health care activities using the Internet.

HB 116, Relating to registration with the Selective Service System of certain applicants for a driver's license.

HB 139, Relating to the possession, use, and delivery of certain controlled substances and volatile chemicals; providing penalties.

HB 166, Relating to the establishment or use of certain cemeteries.

HB 171, Relating to the prosecution of and the punishment for certain offenses involving damage or destruction of property.

Monday, April 23, 2001

SENATE JOURNAL

HB 200, Relating to the creation of an additional county court at law in Ellis County and to the jurisdiction of the county courts at law in that county.

HB 266, Relating to the conveyance of certain state property from the Texas Board of Criminal Justice to the Board of Regents of the Texas State University System.

HB 402, Relating to the abolishment of the medicinal and physician's permits for buying or dispensing liquor.

HB 490, Relating to the administration and collection of ad valorem taxes.

HB 495, Relating to the definition of an antique vehicle under the junked vehicle public nuisance law.

HB 521, Relating to the donation of certain property and equipment of the Maverick County Hospital District.

HB 534, Relating to the jurisdiction, powers, and duties of an assigned statutory probate court judge.

HB 535, Relating to recording information concerning appointment of certain visiting judges.

HB 569, Relating to administrative approval of state employee contributions to the sick leave pool.

HB 663, Relating to the regulation of tanning facilities.

HB 787, Relating to the creation, administration, powers, duties, operation, and financing of the Brewster County Groundwater Conservation District.

HB 805, Relating to the percentage of money received by a crime stoppers organization that may be used for administrative cost.

HB 835, Relating to the study of a buy-in option for the state child health plan.

HB 935, Relating to the establishment of a flexibility rating system for directives sent by the Texas Workforce Commission to local workforce development boards.

HB 940, Relating to the creation of a criminal offense for impersonating a security officer regulated by the Texas Commission on Private Security.

HB 952, Relating to interstate guardianships.

HB 1011, Relating to the transfer of the Amarillo campus of the Texas State Technical College System to Amarillo College.

HB 1015, Relating to the application of the professional prosecutors law to the district attorney for the 83rd Judicial District.

HB 1023, Relating to recreational sports fees charged at institutions in The Texas A&M University System.

HB 1024, Relating to student center complex fees charged at institutions in The Texas A&M University System.

HB 1073, Relating to the hours of operation of certain courts for proceedings under the Texas Mental Health Code.

77th Legislature — Regular Session 57th Day

HB 1091, Relating to the appointment of members to certain county civil service commissions.

HB 1107, Relating to the use of money in the county law library fund.

HB 1114, Relating to designating the last Tuesday in September as Voter Registration Day.

HB 1161, Relating to the administration of the Business Enterprises Program trust fund.

HB 1175, Relating to minimum training regarding family violence for certain state employees and other persons administering the financial assistance program and to identification of and services for certain victims of family violence.

HB 1220, Relating to payments made to certain counties from the judicial fund and to the creation and use of a contributions fund in each of those counties.

HB 1285, Relating to providing information to a municipality on sales and use taxes paid to the municipality.

HB 1299, Relating to the pooling of sick leave by county employees.

HB 1307, Relating to the establishment of a child-care resource and referral network.

HB 1378, Relating to the application of vehicle and traffic law to certain mobility assistance devices

HB 1390, Relating to the authority of certain municipalities to create an industrial development district.

HB 1392, Relating to certain ad valorem tax exemptions.

HB 1419, Relating to requiring the secretary of state to study voting systems, technologies, and strategies.

HB 1459, Relating to interment rights in a cemetery plot.

HB 1512, Relating to the powers and duties of Stonewall County Hospital District.

HB 1516, Relating to the provision of catastrophic case management services under the medical assistance program.

HB 1523, Relating to the abolishment of market research packager's permits for receiving alcoholic beverages.

HB 1532, Relating to the determination under the school finance system of the amount of collected taxes for certain school districts.

HB 1562, Relating to the control of health insurance fraud; providing administrative penalties.

HB 1583, Relating to the qualifications required for employment as a parole officer or parole officer supervisor.

HB 1584, Relating to procedures applicable to the release of an inmate on mandatory supervision.

HB 1628, Relating to the transfer of certain state property from the Texas Department of Mental Health and Mental Retardation to Spindletop MHMR Services.

Monday, April 23, 2001

SENATE JOURNAL

HB 1639, Relating to the form for an application for an early voting ballot to be voted by mail.

HB 1671, Relating to the names of certain entities within The University of Texas System.

HB 1703, Relating to regulation of nonadmitted captive insurance companies.

HB 1758, Relating to access for females under 18 years of age to facilities, services, and treatment available through health and human services and juvenile corrections programs.

HB 1784, Relating to the ratification, creation, administration, powers, duties, operation, and financing of groundwater conservation districts for the management of groundwater resources in the central Carrizo-Wilcox area.

HB 1842, Relating to the creation, administration, powers, duties, operation, and financing of the West Harris County Regional Water Authority; granting the power of eminent domain; granting the authority to issue bonds or notes; providing a civil penalty.

HB 1886, Relating to municipal hotel occupancy taxes.

HB 1909, Relating to the management of and certain actions and proceedings regarding the Lipan-Kickapoo Water Conservation District.

HB 1924, Relating to the development of a United States air defense museum at Fort Bliss.

HB 1958, Relating to participation in and benefits and administration of retirement systems for firefighters in certain municipalities.

HB 1990, Relating to the creation of the Near Northwest Management District; providing authority to impose a tax and issue bonds.

HB 2058, Relating to the inspection of a commercial motor carrier's premises by municipal police officers.

HB 2077, Relating to the authority of a child support master to hear certain cases.

HB 2091, Relating to tuberculosis control in certain animals.

HB 2112, Relating to rules of civil procedure adopted by the supreme court.

HB 2144, Relating to certain purchases by the General Land Office.

HB 2173, Relating to the authority of certain local entities to create a presumption in a prosecution for an offense involving the parking, standing, or stopping of a motor vehicle.

HB 2185, Relating to fees collected by a county tax assessor-collector for processing certain payments by credit card.

HB 2217, Relating to the issuance of a certificate of title for certain farm semitrailers.

HB 2238, Relating to the closing of streets or alleys by institutions of higher education in certain counties.

77th Legislature — Regular Session 57th Day

HB 2247, Relating to establishing an exit interview process for employees of the institutional division of the Texas Department of Criminal Justice.

HB 2278, Relating to the consolidation and functions of the energy management center and the state energy conservation office and to the transfer of the powers and duties of the center and the office to the comptroller's office.

HB 2279, Relating to the exemption from the payment of higher education tuition and fees for certain recipients of Temporary Assistance for Needy Families benefits.

HB 2286, Relating to the operation of and coverage under small employer health benefit plans.

HB 2295, Relating to the powers of Harris County Improvement District No. 1.

HB 2307, Relating to the creation of a county court at law in Cooke County, to the jurisdiction of the County Court of Cooke County, and to an exemption from certain judicial training and instruction for the judge of the county court.

HB 2316, Relating to the sale of certain state property from the General Services Commission to Bethel African Methodist Episcopal Church.

HB 2345, Relating to the specialized telecommunications assistance program.

HB 2347, Relating to a court fee to be used for courthouse security in Webb County.

HB 2349, Relating to the service areas of certain junior college districts.

HB 2362, Relating to the creation, administration, powers, duties, operation, and financing of the Lone Star Groundwater Conservation District.

HB 2397, Relating to a study and report concerning the compensation received by part-time and full-time faculty members at public institutions of higher education.

HB 2401, Relating to programs and funding methods that promote water conservation among certain state and local entities.

HB 2432, Relating to the ratification of the creation of and to the administration, powers, duties, operation, and financing of the Lost Pines Groundwater Conservation District.

HB 2437, Relating to continuing education requirements for code enforcement officers.

HB 2440, Relating to a referendum for a rail plan in certain metropolitan rapid transit authorities.

HB 2488, Relating to the powers and duties of the Donley County Hospital District.

HB 2491, Relating to the validation of certain actions and of the legal description of Harris County Water Control and Improvement District No. 84.

HB 2525, Relating to the operation of the Mitchell County Hospital District.

HB 2529, Relating to the ratification of the creation of and to the administration, powers, duties, operation, taxing authority, and financing of the Lone Wolf Groundwater Conservation District.

HB 2559, Relating to the jurisdiction of a municipal court.

Monday, April 23, 2001

SENATE JOURNAL

HB 2567, Relating to the creation of the offense of extortion.

HB 2571, Relating to the creation, administration, powers, duties, operation, and financing of the Angelina County Water Control and Improvement District No. 4; authorizing the imposition of taxes and the issuance of bonds and granting the power of eminent domain; providing a civil penalty.

HB 2572, Relating to the creation, administration, powers, duties, operations, and financing of the Pineywoods Groundwater Conservation District.

HB 2579, Relating to annexation and incorporation procedures relating to certain unincorporated communities in certain counties.

HB 2585, Relating to motorcycle operator and passenger safety.

HB 2587, Relating to zoning in Kent County around Lake Alan Henry.

HB 2589, Relating to the required posting of information on a state agency's Internet site and to the confidentiality of certain information.

HB 2601, Relating to the ad valorem taxation of certain possessory interests in certain municipal property open to the public.

HB 2628, Relating to the powers and rights of a cultural educational facilities finance corporation.

HB 2658, Relating to the authority of Knox County Hospital District to enter into a loan agreement.

HB 2663, Relating to a license or permit for certain sex offenders to operate a motor vehicle or commercial motor vehicle.

HB 2690, Relating to enforcement measures available to groundwater conservation districts.

HB 2750, Relating to the authority of a law enforcement agency to remove property from a roadway.

HB 2758, Relating to the authority of certain counties to impose a hotel occupancy tax and to the rate of the tax.

HB 2780, Relating to the effect of a recount on qualifying for an office involved in the recount.

HB 2788, Relating to the transfer of certain cases from a district court of a judicial district to a newly created district court of that judicial district.

HB 2796, Relating to a trust fund for the purpose of maintaining and preserving the Capitol, the General Land Office Building, their contents, and their grounds.

HB 2816, Relating to the creation of nonprofit corporations to refund certain outstanding student loan bonds.

HB 2847, Relating to the authority of the Brazos River Authority to discover, develop, produce, and use groundwater in the Brazos River Basin and environs.

HB 2869, Relating to county financial reporting procedures and to the creation of the Texas County Financial Data Advisory Committee.

77th Legislature — Regular Session 57th Day

HB 2870, Relating to the authority of a commissioners court of a county to develop and administer an economic development program for making loans or grants of public money.

HB 2873, Relating to fees charged by district and county clerks for copies of records.

HB 2874, Relating to the withdrawal of time by a county employee from the county sick leave pool.

HB 2875, Relating to the authority of Matagorda County Hospital District to lease property and enter into a loan agreement.

HB 2882, Relating to the jurisdiction of the Probate Court No. 1 of Travis County.

HB 2912, Relating to the continuation and functions of the Texas Natural Resource Conservation Commission.

HB 2922, Relating to requiring the secretary of state to establish a toll-free telephone number for reporting abuses of voting rights.

HB 2923, Relating to the implementation of new voting system technology in certain elections.

HB 2947, Relating to the posting of notice for water discharge permits.

HB 2959, Relating to the board of supervisors and the powers of the Brookshire-Katy Drainage District; providing a civil penalty.

HB 2994, Relating to the approval of certain contracts of special districts.

HB 3028, Relating to a state science and engineering fair conducted by the Texas Higher Education Coordinating Board.

HB 3034, Relating to certain fees imposed by the Lower Valley Water District.

HB 3037, Relating to the regulation of spacing and production of wells by a groundwater conservation district.

HB 3055, Relating to authorizing a county to pay the costs of an owner-controlled insurance program with the proceeds of certain securities issued by the county.

HB 3069, Relating to the maintenance of certain cemeteries.

HB 3096, Relating to the development of a water supply reservoir project at a site known as the Post Reservoir site in Garza County, Texas.

HB 3132, Relating to the dissolution of the Gainesville Hospital District and the Muenster Hospital District and the creation of the Cooke County Hospital District.

HB 3134, Relating to certain conduct of notaries public; providing a penalty.

HB 3150, Relating to authorizing county officers and employees to receive reduced travel agent fees for travel arrangements for official county business.

HB 3159, Relating to the compensation and per diem of the commissioners of Brazoria Drainage District Number 4.

HB 3161, Relating to the expiration of certain subdivision plats.

Monday, April 23, 2001

SENATE JOURNAL

HB 3172, Relating to the authority of a county to establish public improvement districts.

HB 3174, Relating to the operation of the Court of Appeals for the Thirteenth Court of Appeals District and the creation of an appellate judicial system for the district.

HB 3191, Relating to the consent of certain municipalities to the inclusion of their extraterritorial jurisdiction in emergency services districts.

HB 3229, Relating to a declaration for write-in candidacy for director of the Midland County Hospital District.

HB 3243, Relating to the creation, administration, powers, duties, operation, and financing of the Kinney County Groundwater Conservation District; granting the power of eminent domain and conditionally granting authority to levy property taxes.

HB 3286, Relating to water conservation measures by state agencies and local governments.

HB 3298, Relating to the contracting authority of and authorized uses for corporate revenue by certain industrial development corporations.

HB 3315, Relating to county regulation of outdoor burning.

HB 3356, Relating to the appointment of bailiffs by the judges of the district courts and county courts at law in Angelina County.

HB 3357, Relating to the power of a river authority engaged in the distribution and sale of electric energy to provide credit support for an affiliated nonprofit corporation.

HB 3365, Relating to medical case management services provided by a social worker under the Medicaid program.

HB 3403, Relating to the establishment of visitation centers and visitation exchange facilities by counties.

HB 3415, Relating to the development and use of landfill gas for state energy and environmental purposes.

HB 3484, Relating to forwarding process served upon the secretary of state.

HB 3544, Relating to the ratification of the creation of and to the administration, powers, duties, operation, and financing of the Cow Creek Groundwater Conservation District.

HB 3556, Relating to the life safety code standards for assisted living facilities for supervision of medication and general welfare.

HB 3589, Relating to the Texas Film Industry Development Loan Guarantee Program.

HB 3591, Relating to including certain libraries of nonprofit corporations in the TexShare consortium and authorizing grants from the telecommunications infrastructure fund to those libraries.

HB 3626, Relating to the ratification of the creation of and to the administration, powers, duties, operation, and financing of the Tri-County Groundwater Conservation District.

77th Legislature — Regular Session 57th Day

HB 3635, Relating to the creation, administration, powers, duties, operation, and financing of the Wharton County Drainage District.

HB 3636, Relating to the validation of certain actions and proceedings and to the administration, powers, duties, operation, and financing of the Tarrant Regional Water District, a Water Control and Improvement District; providing a civil penalty; creating a criminal offense.

HCR 8, Memorializing congress to increase funding for research of Duchenne muscular dystrophy.

HCR 38, Directing the State Preservation Board to erect a statue, monument, or exhibit on the Capitol grounds honoring contributions of Tejanos.

HCR 74, Declaring West Tawakoni the Catfish Capital of Texas.

HCR 98, Memorializing congress to extend the U.S.-Canada Softwood Lumber Agreement.

HCR 104, Memorializing congress to pass legislation relating to giving a tax credit for jury service.

HCR 176, Conferring on Colonel M. B. Etheredge of Huntsville the Texas Legislative Medal of Honor.

HCR 181, Designating the Santa Rosa Palomino Club as the official "Ambassadors on Horseback" of the State of Texas.

HCR 186, Memorializing congress to repeal the Government Pension Offset enacted in 1977.

HCR 192, Authorizing the lieutenant governor and the speaker of the house of representatives to appoint interim joint committees.

HCR 197, Designating Gatesville as the Spur Capital of Texas.

HCR 210, Urging congress to enact the Railroad Retirement and Survivors' Improvement Act of 2001.

SB 181, Relating to the terms of court of the 32nd Judicial District.

SB 404, Relating to the election of directors of the Clearwater Underground Water Conservation District.

(Amended)

SB 479, Relating to the entry of protective order information in the statewide law enforcement information system.

SB 481, Relating to electronic filing of reports with state agencies.

SB 487, Relating to bids for and awards of a state highway improvement contract.

(Amended)

SB 509, Relating to an asbestos survey before issuance of a building permit to renovate or demolish certain buildings.

SB 611, Relating to the membership of the board of directors of the Rolling Plains Groundwater Conservation District.

Monday, April 23, 2001

SENATE JOURNAL

SB 627, Relating to imposing an intercollegiate athletics fee at The University of Texas at Tyler.

SB 628, Relating to imposing a recreational facility fee at The University of Texas at Tyler.

SB 640, Relating to electronic filing of certain tax reports and payments.

SB 738, Relating to authorizing members of the governing body of municipalities to serve as volunteers.

SB 774, Relating to the composition of the third and eighth administrative judicial regions.

SB 777, Relating to specialized license plates and parking placards for vehicles of persons with disabilities.

(Committee Substitute)

SB 797, Relating to the creation of an additional county court at law in Guadalupe County.

SB 835, Relating to the directors of the Upper Trinity Regional Water District and the powers and duties of the district; providing a criminal penalty.

SB 989, Relating to the mission of Prairie View A&M University.

SB 1468, Relating to a memorandum of understanding for services for persons needing multiagency services.

(Committee Substitute)

SCR 12, Memorializing Congress to authorize an additional 16 federal judges and commensurate staff to handle the current and anticipated caseloads along the Texas-Mexico border and to fully reimburse local governments for the costs incurred in prosecuting and incarcerating federal defendants.

SCR 20, Urging judges who hear family law cases to increase use of alternative dispute resolution and mediation in solving child custody disputes.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

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 1817, SB 1818, SB 1820, SB 1825.

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

Present-not voting: Mr. President.

Absent-excused: Carona.

77th Legislature — Regular Session 57th Day

INTRODUCTION OF

BILLS AND RESOLUTIONS POSTPONED

The President announced that the introduction of bills and resolutions on first reading would be postponed until the end of today's session.

RESOLUTION SIGNED

The President announced the signing of the following enrolled resolution in the presence of the Senate: SCR 47.

MESSAGE FROM THE GOVERNOR

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

Austin, Texas

April 19, 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 appointment:

TEXAS STATE AFFORDABLE HOUSING CORPORATION

Karen Suzanne Lugar

5834 Winding Ridge

San Antonio, Texas 78239

Appointment Date: October 9, 2000

Expiration Date: POG

Respectfully submitted,

/s/Rick Perry

Governor

GUESTS PRESENTED

Senator Cain was recognized and introduced to the Senate members of the Canton High School choir, accompanied by their director, Linda Foster.

The Senate welcomed its guests.

CONCLUSION OF MORNING CALL

The President at 10:17 a.m. announced the conclusion of morning call.

SENATE JOINT RESOLUTION 47 ON SECOND READING

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

SJR 47, Proposing a constitutional amendment to authorize the legislature to exempt from ad valorem taxation raw cocoa and green coffee that is held in Harris County.

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

Monday, April 23, 2001

SENATE JOURNAL

SENATE JOINT RESOLUTION 47 ON THIRD READING

Senator Gallegos moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SJR 47 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, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Carona.

The resolution 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: Carona.

SENATE BILL 1574 ON SECOND READING

On motion of Senator Gallegos 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 1574, Relating to an exemption from ad valorem taxation of raw cocoa and green coffee that is held in Harris County.

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

SENATE BILL 1574 ON THIRD READING

Senator Gallegos moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1574 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, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Carona.

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

77th Legislature — Regular Session 57th Day

HOUSE BILL 1019 ON SECOND READING

On motion of Senator Truan 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:

HB 1019, Relating to designating the state Tejano Music Hall of Fame.

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

HOUSE BILL 1019 ON THIRD READING

Senator Truan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1019 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, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Carona.

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

PHYSICIAN OF THE DAY

Senator Shapiro was recognized and presented Dr. Dale Ragle of Dallas as the Physician of the Day.

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

SENATE BILL 1778 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 1778, Relating to the collection of costs in criminal cases.

The bill was read second time.

Senator Lucio offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend SB 1778 (Introduced version) as follows:

(1)  In SECTION 2, in added Article 103.0031(b), Code of Criminal Procedure (page 1, line 17), strike "private attorney" and substitute "public or private vendor".

Monday, April 23, 2001

SENATE JOURNAL

(2)  In SECTION 2, in added Article 103.0031(b), Code of Criminal Procedure (page 1, line 18), strike "attorney's fees" and substitute "collection fees".

(3)  In SECTION 2, in added Article 103.0031(b), Code of Criminal Procedure (page 1, line 20), strike "to the attorney" and substitute "to the vendor".

(4)  In SECTION 2, in added Article 103.0031(c), Code of Criminal Procedure (page 1, line 21), strike "attorney's fees" and substitute "collection fees".

(5)  In SECTION 3, in added Article 6701d-28(e), Revised Statutes (page 2, lines 12 and 13), strike "private attorney" and substitute "public or private vendor".

(6)  In SECTION 3, in added Article 6701d-28(e), Revised Statutes (page 2, line 13), strike "attorney's fees" and substitute "collection fees".

(7)  In SECTION 3, in added Article 6701d-28(e), Revised Statutes (page 2, line 15), strike "to the attorney" and substitute "to the vendor".

(8)  In SECTION 3, in added Article 6701d-28(e), Revised Statutes (page 2, line 16), strike "attorney's fees" and substitute "collection fees".

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 1778 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 1778 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 1778 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, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Carona.

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: Carona.

COMMITTEE SUBSTITUTE

SENATE BILL 1600 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 1600, Relating to the water rights permit for the proposed Lake Eastex water supply reservoir project.

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

77th Legislature — Regular Session 57th Day

COMMITTEE SUBSTITUTE

SENATE BILL 1600 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 1600 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, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Carona.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1444 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 1444, Relating to the general powers and authority of water districts; providing a penalty.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1444 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 1444 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, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Carona.

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: Carona.

Monday, April 23, 2001

SENATE JOURNAL

COMMITTEE SUBSTITUTE

HOUSE BILL 1840 ON SECOND READING

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

CSHB 1840, Relating to authorizing the comptroller to waive penalties and interest relating to the delivery of certain delinquent unclaimed property.

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

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 23, 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 144, Honoring State Representative Kyle Janek and his wife, Shannon Janek, on the birth of their son, William Walker Janek.

THE HOUSE HAS CONCURRED IN SENATE AMENDMENTS TO THE FOLLOWING MEASURES:

HJR 47 (144 Ayes, 0 Nays, 1 Present Not Voting)

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

GUESTS PRESENTED

Senator Staples was recognized and introduced to the Senate seniors from Cayuga High School in Cayuga, accompanied by their teachers.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate a delegation from the Canary Islands, which is part of the exchange program between Carnival in Santa Cruz de Tenerife and Fiesta in San Antonio: Gabriel Rodriguez Medero, Sergio Suarez Hernandez, Felicano Naranjo Sanchez, and Manuel Vicente.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate Joe Beaver, of Huntsville, World Champion Calf Roper, accompanied by his son, Brady, his

77th Legislature — Regular Session 57th Day

parents, Walter and Bonnie Beaver, and Vice-president of Future Farmers of America Clay Cade.

The Senate welcomed its guests.

BILLS SIGNED

The President announced the signing of the following enrolled bills in the presence of the Senate after the captions had been read:

HB 808, HB 1212, HB 1753.

SENATE BILL 1309 ON SECOND READING

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

SB 1309, Relating to a challenge of voter registration.

There was objection.

Senator Staples then moved to suspend the regular order of business and take up SB 1309 for consideration at this time.

The motion prevailed by the following vote: Yeas 22, Nays 5, Present-not voting 1.

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

Nays: Barrientos, Cain, Gallegos, Truan, Zaffirini.

Present-not voting: Mr. President.

Absent: Bernsen, Lucio.

Absent-excused: Carona.

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

RECORD OF VOTES

Senators Barrientos and Truan asked to be recorded as voting "Nay" on the passage of SB 1309 to engrossment.

(Senator Duncan in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 1311 ON SECOND READING

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

CSSB 1311, Relating to the challenge of a voter registration.

There was objection.

Senator Staples then moved to suspend the regular order of business and take up CSSB 1311 for consideration at this time.

The motion prevailed by the following vote:  Yeas 24, Nays 4, Present-not voting 2.

Monday, April 23, 2001

SENATE JOURNAL

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

Nays: Gallegos, Moncrief, Truan, Zaffirini.

Present-not voting: West, Mr. President.

Absent-excused: Carona.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1311 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 1311 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 24, Nays 4, Present-not voting 2.

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

Nays: Gallegos, Truan, Wentworth, Zaffirini.

Present-not voting: West, Mr. President.

Absent-excused: Carona.

The bill was read third time and was passed by the following vote: Yeas 25, Nays 3, Present-not voting 2.

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

Nays: Gallegos, Truan, Zaffirini.

Present-not voting: West, Mr. President.

Absent-excused: Carona.

COMMITTEE SUBSTITUTE

SENATE BILL 850 ON SECOND READING

On motion of Senator Barrientos 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 850, Relating to benefits for certain disabled peace officers.

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

77th Legislature — Regular Session 57th Day

(President in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 850 ON THIRD READING

Senator Barrientos moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 850 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, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Carona.

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

COMMITTEE SUBSTITUTE

SENATE BILL 590 ON SECOND READING

On motion of Senator Jackson 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 590, Relating to electric utility service to tenants of marinas; providing penalties.

The bill was read second time.

Senator Jackson offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 590 by striking all below the enacting clause and substituting the following:

SECTION 1.  Section 184.071, Utilities Code, is amended to read as follows:

Sec. 184.071.  LIABILITY. (a) A landlord or owner of a marina who violates a commission rule relating to submetering of electric utilities consumed exclusively in a tenant's dwelling unit or marina facility or a rule relating to the allocation of central system utility costs or nonsubmetered master metered electric utility costs is liable to the tenant for:

(1)  three times the amount of any overcharge;

(2)  a civil penalty equal to one month's rent;

(3)  reasonable attorney's fees; and

(4)  court costs.

(b)  A landlord or owner of a marina is not liable for the civil penalty provided by Subsection (a)(2) if the landlord or owner of a marina proves that the [landlord's ] violation of the rule was an unintentional mistake made in good faith.

Monday, April 23, 2001

SENATE JOURNAL

SECTION 2.  Chapter 184, Utilities Code, is amended by adding Subchapter F to read as follows:

SUBCHAPTER F. METERING FOR TENANTS OF MARINAS

Sec. 184.121.  DEFINITIONS. In this subchapter:

(1)  "Marina" means a business entity that leases dock space for boats or facilities related to boats.

(2)  "Marina electric facility costs" means all costs incurred by an owner of a marina that are associated with the purchase, development, engineering, construction, billing costs, and maintenance of facilities and equipment owned by the marina that relate in any way to the provision of electricity to marina tenants.

(3)  "Nonsubmetered master metered electric energy service" means an electric energy utility service that is master metered for tenants of a marina but is not submetered.

Sec. 184.122.  ELECTRIC SUBMETERING. (a) The owner of a marina that leases a majority of its leased dock space to owners of boats less than 70 feet long may submeter each facility the marina leases to a tenant to measure the quantity of electricity consumed by the tenant.

(b)  Electric submetering equipment is subject to:

(1)  the same rules adopted by the commission for accuracy, testing, and recordkeeping of meters installed by electric utilities; and

(2)  the meter testing requirements of Subchapter C, Chapter 38.

(c)  If during the 90 days before the date the owner of a marina installs individual electric meters or submeters at the marina the owner increases rental rates and the increase in rental rates is attributable to the increased cost of electricity, the owner, on installation of the meters or submeters, shall:

(1)  immediately reduce the rental rate by the amount of the increase attributable to the increased cost of electricity; and

(2)  refund the amount of the increased rent:

(A)  collected in the 90-day period preceding the installation of the meters or submeters; and

(B)  attributable to the increased cost of electricity.

(d)  This section does not apply to an increase in rental rates or separate charges attributable to marina electric facility costs.

Sec. 184.123.  RULES RELATING TO SUBMETERED SERVICE. (a) The commission shall adopt rules under which an owner of a marina for which electricity is not individually metered may install submetering equipment to allocate fairly the cost of the electrical consumption of each leased facility of the marina.

(b)  In addition to other appropriate safeguards for a tenant leasing a facility of a marina, a rule adopted under this section must provide that the owner of a marina that has installed submetering equipment:

(1)  may not charge a tenant more than the total cost charged by the retail electric provider to the owner; and

(2)  shall maintain adequate records relating to submetering and make those records available for inspection by a tenant during reasonable business hours.

Sec. 184.124.  RULES RELATING TO NONSUBMETERED MASTER METERED SERVICE. (a) The commission shall adopt rules governing billing systems or methods used by a marina to prorate or allocate among the marina's tenants nonsubmetered master metered electric energy service costs.

77th Legislature — Regular Session 57th Day

(b)  In addition to other appropriate safeguards for a tenant leasing a facility of a marina, a rule adopted under this section must require that:

(1)  the lease agreement contain:

(A)  a clear written description of the method of computing the allocation of nonsubmetered master metered electric energy service for the tenant; and

(B)  a statement of the average tenant's monthly bill for all tenants' nonsubmetered master metered electric energy service costs for the previous calendar year; and

(2)  the owner of a marina:

(A)  not impose a charge on a tenant in excess of the actual charge imposed on the owner for electric energy consumption by the marina's tenants;

(B)  maintain adequate records, including electric utility bills and records concerning the nonsubmetered master metered electric energy service consumption by the marina's tenants, the charges assessed by the retail electric provider, and the allocation of the nonsubmetered master metered electric energy service costs among the tenants; and

(C)  make the records described by Paragraph (B) available for inspection by the tenants during normal business hours.

Sec. 184.125.  MARINA ELECTRIC FACILITY COSTS. This subchapter may not be construed to provide the commission the authority to regulate, modify, or prohibit an owner of a marina from charging marina tenants for marina electric facility costs.

Sec. 184.126.  EFFECT OF RULES. A rule adopted under this subchapter has the same effect as a rule adopted under Title 2, and a utility company and the owner of a marina subject to this subchapter are subject to enforcement under Sections 15.021, 15.022, 15.028, 15.029, 15.030, 15.031, 15.032, and 15.033.

SECTION 3. The Public Utility Commission of Texas shall adopt rules under Subchapter F, Chapter 184, Utilities Code, as added by this Act, as soon as is practicable. The rules must take effect not later than January 1, 2002.

SECTION 4. This Act takes effect immediately 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 immediate effect, this Act takes effect September 1, 2001.

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

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

CSSB 590 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 590 ON THIRD READING

Senator Jackson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 590 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, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief,

Monday, April 23, 2001

SENATE JOURNAL

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Carona.

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: Carona.

COMMITTEE SUBSTITUTE

SENATE BILL 800 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 800, Relating to the regulation of the subdivision of land under the jurisdiction of counties.

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

MOTION TO PLACE

SENATE JOINT RESOLUTION 3 ON SECOND READING

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

SJR 3, Proposing a constitutional amendment providing for gubernatorial appointment to fill vacancies in the offices of appellate justices and judges and for nonpartisan retention elections for those justices and judges.

On motion of Senator Duncan and by unanimous consent, the motion to suspend the regular order of business was temporarily withdrawn.

SENATE BILL 831 WITH HOUSE AMENDMENT

Senator Moncrief called SB 831 from the President's table for consideration of the House amendment to the bill.

The President laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 831 as follows:

(1)  In SECTION 1 of the bill, strike proposed Section 32.053(e), Human Resources Code (house committee printing, page 2, lines 22-26), and substitute the following:

(e)  Not later than December 1, 2002, the department shall evaluate the effectiveness of the demonstration project in providing health care services to employed persons with disabilities. If the results of the evaluation indicate that the

77th Legislature — Regular Session 57th Day

project is effective, the department shall incorporate a request for funding for the continuation or expansion of the program in the department's budget request for the next state fiscal biennium.

(2)  Strike SECTION 2 of the bill (house committee printing, page 3, lines 2-5).

(3)  Insert the following appropriately numbered SECTIONS of the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTION _____. (a) The The Health and Human Services Commission shall request and actively pursue the award of a federal grant authorized by the Ticket to Work and Work Incentives Improvement Act of 1999 (Pub. L. No. 106-170), as amended, to support the design, establishment, and operation of infrastructures in this state that provide support services for employed persons with disabilities.

(b)  The commission shall comply with any prerequisite imposed under the federal law to receiving the grant.

SECTION _____. The state agency responsible for implementing the demonstration project required by Section 32.053, Human Resources Code, as added by this Act, shall request and actively pursue any necessary waivers or authorizations from the Health Care Financing Administration or other appropriate entities to enable the agency to implement the demonstration project not later than January 1, 2002. The agency may delay implementing the demonstration project until the necessary waivers or authorizations are granted.

The amendment was read.

On motion of Senator Moncrief, the Senate concurred in the House amendment to SB 831 by a viva voce vote.

AT EASE

The President at 12:42 p.m. announced the Senate would stand At Ease subject to the call of the Chair.

IN LEGISLATIVE SESSION

The President at 12:48 p.m. called the Senate to order as In Legislative Session.

GUEST PRESENTED

Senator West was recognized and introduced to the Senate Dallas County Commissioner John Wiley Price.

The Senate welcomed Mr. Price.

SENATE JOINT RESOLUTION 3 ON SECOND READING

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

SJR 3, Proposing a constitutional amendment providing for gubernatorial appointment to fill vacancies in the offices of appellate justices and judges and for nonpartisan retention elections for those justices and judges.

There was objection.

Monday, April 23, 2001

SENATE JOURNAL

Senator Duncan then moved to suspend the regular order of business and take up SJR 3 for consideration at this time.

The motion prevailed by the following vote: Yeas 20, Nays 9, Present-not voting 1.

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

Nays: Bernsen, Fraser, Harris, Jackson, Lindsay, Nelson, Shapiro, Truan, Zaffirini.

Present-not voting: Mr. President.

Absent-excused: Carona.

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

RECORD OF VOTES

Senators Bernsen, Fraser, Harris, Jackson, Lindsay, Nelson, Shapiro, Truan, and Zaffirini asked to be recorded as voting "Nay" on the passage of SJR 3 to engrossment.

SENATE BILL 129 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:

SB 129, Relating to the appointment and nonpartisan retention or rejection of appellate justices and judges and to elimination of a straight-party vote in connection with district judges.

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

RECORD OF VOTES

Senators Bernsen, Fraser, Harris, Jackson, Lindsay, Nelson, Shapiro, Truan, and Zaffirini asked to be recorded as voting "Nay" on the passage of SB 129 to engrossment.

SENATE RULES SUSPENDED

(Posting Rules)

On motion of Senator Moncrief and by unanimous consent, Senate Rule 11.10 and Senate Rule 11.18 were suspended in order that the Committee on Health and Human Services might meet and consider SB 1029 today.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Madla and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Intergovernmental Relations might consider SB 1796 tomorrow.

77th Legislature — Regular Session 57th Day

SENATE BILLS ON FIRST READING

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

SB 1817 by Bivins

Relating to a plan to increase enrollment of public school students in institutions of higher education.

To Committee on Education.

SB 1818 by Bivins

Relating to the authority of the board of regents of The Texas A&M University relating to real property, permanent improvements, and eminent domain.

To Committee on Education.

SB 1819 by Staples

Relating to the composition of the Nacogdoches County Juvenile Board. (Local bill)

To Committee on Intergovernmental Relations.

SB 1820 by Haywood

Relating to the acquisition and operation of a museum by Midwestern State University.

To Committee on Education.

SB 1821 by Staples

Relating to the creation, administration, powers, duties, operations, and financing of the Neches and Trinity Valleys Groundwater Conservation District. (Local bill)

To Committee on Natural Resources.

SB 1822 by Armbrister

Relating to the creation and to the administration, powers, duties, operation and financing of Hays County Water Control and Improvement District No. 4. (Local bill)

To Committee on Intergovernmental Relations.

SB 1823 by Armbrister

Relating to the approval of the creation and acts of Hays County Development District No. 1 and its administration, powers, duties, operation, financing and acquisition of its project. (Local bill)

To Committee on Intergovernmental Relations.

SB 1824 by Sibley

Relating to the creation, administration, powers, duties, operation, and financing of a hospital district to be known as the West Medical District; authorizing a tax; granting the authority to issue and refund bonds; and granting the power of eminent domain. (Local bill)

To Committee on Intergovernmental Relations.

SB 1825 by Sibley

Relating to state energy policy and the creation, powers, and duties of the Texas Energy Policy Council.

To Committee on Business and Commerce.

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate a delegation of students from the Heritage Christian Academy in Huntsville.

The Senate welcomed its guests.

Monday, April 23, 2001

SENATE JOURNAL

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Sibley and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Business and Commerce might consider SB 1825 tomorrow.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

SR 385 by Moncrief, In memory of John Sullivan Justin, Jr., of Fort Worth.

SR 787 by Barrientos, In memory of Ernest Montgomery of Austin.

SR 794 by Barrientos, In memory of Madge Anna Stewart Keeton of Austin.

HCR 219 (Haywood), In memory of Charles N. Prothro of Wichita Falls.

Welcome and Congratulatory Resolutions

SCR 49 by President Ratliff, Honoring Elissa Benford of Buda for her community service.

SR 783 by Nelson, Shapiro, Van de Putte, and Zaffirini, Congratulating Carol R. West of Dallas.

SR 784 by Barrientos, Congratulating Veronica Sharp of Austin.

SR 786 by Armbrister, Congratulating Beatrice Mann of Austin.

SR 789 by Barrientos, Congratulating Colonel William R. "Randy" Furr.

SR 790 by Barrientos, Congratulating Karen J. Fowler.

SR 791 by Nelson, Commending American Airlines, Incorporated.

SR 792 by Nelson, Commending The Home Depot, Incorporated.

SR 793 by Sibley, Honoring the men and women who served their country as members of the United States armed forces during the Vietnam War.

SR 795 by Fraser, Welcoming members of the Rotary Club International.

SR 796 by Cain, Congratulating Ray Lovelace of Bonham.

Designation Resolutions

SR 785 by Barrientos, Recognizing May of 2001 as Community Action Month in Texas.

SR 788 by Barrientos, Designating April 24, 2001, as Texas Retired Employees Association Day in Texas.

SR 799 by Zaffirini, Proclaiming May 3, 2001, as Nurses' Day.

ADJOURNMENT

On motion of Senator Truan, the Senate at 12:56 p.m. adjourned, in memory of Anita Bass of Lubbock and Mary Virginia Babb Young of Austin, until 10:00 a.m. tomorrow.

77th Legislature — Regular Session 57th Day

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

April 23, 2001

NATURAL RESOURCES — SB 1799, SB 1788, SB 1738, SB 1646

HEALTH AND HUMAN SERVICES — CSSB 1536, CSSB 535, CSSB 962, SB 101, CSSB 1246, HB 477, HB 957, HB 1179, CSSB 284

NATURAL RESOURCES — CSHB 675, CSSB 1330, CSSB 779, CSSB 1718, CSHB 1629

BUSINESS AND COMMERCE — SB 560

EDUCATION — CSHB 992, CSSB 1100, CSSB 1626

CRIMINAL JUSTICE — CSSB 1119, CSSB 1110, SB 1278, SB 1271, SB 1270, SB 815, CSSB 85, CSSB 1713, CSSB 1582, CSSB 1413, CSSB 253

SENT TO GOVERNOR

April 23, 2001

SCR 47

Monday, April 23, 2001

SENATE JOURNAL

In Memory

of

Anita Bass

Senator Duncan offered the following resolution:

(Senate Resolution 755)

WHEREAS, The Senate of the State of Texas joins the citizens of Lubbock in mourning the loss of a beloved civic leader, Anita Bass, who died February 27, 2001; and

WHEREAS, Born May 3, 1919, Anita was a native of Briscoe County; she graduated from Tulia High School and attended Tulane University before ultimately graduating from Draughon's Business College; and

WHEREAS, Anita became a resident of Lubbock in 1937, and on March 28, 1942, she married Roy Bass in Memphis, Tennessee; Roy later became a two-term Lubbock mayor; and

WHEREAS, Friends and family remember Anita for her unflagging support of so many different civic causes; her passion for community leadership was equal to that of her husband's, and together they accomplished great things for the City of Lubbock; and

WHEREAS, The South Plains Food Bank, the Lubbock Chamber of Commerce, the American Cancer Society, the Lubbock Arts Festival, and Lubbock Cultural Affairs Council are but a few of the organizations that Anita devoted her time and talents to; she had vast resources of energy and strength that enabled her to serve the community that she so loved; and

WHEREAS, Anita Bass will also be remembered for her progressive spirit; she and her family worked to promote diversity in employment and to reduce racial discrimination in the Lubbock community; and

WHEREAS, A woman of unfailing integrity, admirable strength, and supreme generosity, Anita spent her life giving unselfishly of her time to others, and her wisdom, warmth, and valued counsel will not be forgotten; and

WHEREAS, This exemplary and distinguished lady leaves a legacy of steadfast commitment to her family, her friends, and her community, and the State of Texas is truly fortunate to have counted her as one of its citizens; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby extend deepest sympathy to the family of Anita Bass: her sons, Roy B. Bass, Jr., Dewey Bass, and Mark Ivan Bass; her sisters, Opal Keith and Betty Price; and her five grandchildren; and, be it further

RESOLVED, That a copy of this Resolution be prepared for her family as an expression of deepest sympathy from the Texas Senate, and that when the Senate adjourns this day, it do so in memory of Anita Bass.

The resolution was read.

77th Legislature — Regular Session 57th Day

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 Duncan and by unanimous consent, the resolution was adopted by a rising vote of the Senate.

Senator Duncan was recognized and introduced to the Senate Anita Bass' sons: Roy, Dewey, and Mark Bass.

The Senate welcomed its guests and extended its sympathy.

Monday, April 23, 2001

SENATE JOURNAL

In Memory

of

Mary Virginia Babb Young

Senator Barrientos offered the following resolution:

(Senate Resolution 763)

WHEREAS, The Senate of the State of Texas joins the citizens of Austin in mourning the death of a beloved citizen and dedicated public servant, Mary Virginia Babb Young, who died March 7, 2001at the age of 86; and

WHEREAS, A native Texan, Mary was born in Tyler and grew up in Greenville; she graduated in three years from East Texas Teachers College with the highest possible honors and taught high school English for two years; and

WHEREAS, Mary came to Austin to begin a 60-year career as a personal secretary and office manager; first employed by the State Health Department, Mary later worked for the Office of Comptroller of Public Accounts and retired from that institution with 24 years of service; and

WHEREAS, A devoted wife of William Robert Young, II, from 1946 until his death in 1966, Mary was also blessed with one son, two granddaughters, and an abundance of fulfilling friendships; and

WHEREAS, A woman of integrity, strength, and generosity, Mary gave unselfishly of her time to others, and her wisdom, warmth, and valued counsel will not be forgotten; she leaves behind memories that will be treasured forever by family and friends; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby extend sincere condolences to the family of Mary Virginia Babb Young: her son, W.R. "Peck" Young; her daughter-in-law, Patty Anne Young; and her two granddaughters, Erin Elizabeth Young and Kelly Anne Young; and, be it further

RESOLVED, That a copy of this Resolution be prepared for her family as an expression of deepest sympathy from the Texas Senate, and that when the Senate adjourns this day, it do so in memory of Mary Virginia Babb Young.

The resolution was again 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.

The resolution was previously adopted on Wednesday, April 18, 2001.

Senator Barrientos was recognized and introduced to the Senate Peck Young, son of Mary Virginia Babb Young.

The Senate welcomed Mr. Young and extended its sympathy.