Tuesday, April 24, 2001

SENATE JOURNAL

FIFTY-EIGHTH DAY

Tuesday, April 24, 2001

PROCEEDINGS

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

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

Absent-excused: Staples.

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

The Reverend David Fikes, Good Shepherd Episcopal Church, Austin, offered the invocation as follows:

Sovereign one of all that we see and beyond, keep those we are called to serve close to our hearts and ever present in our heads. Govern and guide our tongues that we speak only when we have something to say and open our ears so that we are listening when we have something to learn. Assist us, that we speak most eloquently when speaking for those lacking the voice, vocabulary, or volume to speak for themselves, and help us be most judicious in our use of language when defending the privileges of those living in the lap of luxury. Mark, monitor, and move us in such a way that at the close of this day when we review our words and actions we can with honest conviction say, "Today, all we said was the truth, spoken with love, and when called upon to act, we did what was right in spite of the cost." Amen.

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

LEAVE OF ABSENCE

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

CO-AUTHORS OF SENATE BILL 638

On motion of Senator Barrientos and by unanimous consent, Senators Gallegos and Lucio will be shown as Co-authors of SB 638.

77th Legislature — Regular Session 58th Day

CO-AUTHOR OF SENATE BILL 681

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

CO-AUTHOR OF SENATE BILL 1413

On motion of Senator Lindsay and by unanimous consent, Senator Gallegos will be shown as Co-author of SB 1413.

CO-AUTHOR OF SENATE BILL 1461

On motion of Senator Nelson and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 1461.

CO-AUTHOR OF SENATE BILL 1684

On motion of Senator Jackson and by unanimous consent, Senator Cain will be shown as Co-author of SB 1684.

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.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 24, 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 688, Relating to the sale, possession, or consumption of alcoholic beverages near a private or parochial school.

HB 695, Relating to the regulation of certain occupations by the Texas Real Estate Commission; providing penalties.

HB 815, Relating to the presentation of the state flag to survivors of deceased peace officers and firefighters.

HB 996, Relating to the authority of a municipality to authorize the removal of certain motor vehicles from public roadways in the municipality to aid in the enforcement of parking ordinances of the municipality.

HB 1216, Relating to the regulation of talent agencies.

HB 1281, Relating to water utility services, rates, and tariffs.

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SENATE JOURNAL

HB 1403, Relating to the eligibility of certain persons to qualify as residents of this state for purposes of higher education tuition.

HB 1678, Relating to nonrepairable and salvage motor vehicles.

HB 1685, Relating to a partnership or affiliation between certain entities and a general academic teaching institution or a medical and dental unit.

HB 1688, Relating to the possession and self-administration of prescription asthma medicine by public school students while on school property or at a school-related event or activity.

HB 1755, Relating to action by certain occupational regulatory agencies against certain recipients of student financial assistance.

HB 1763, Relating to the continuation and functions of the Finance Commission of Texas and the regulation of certain financial institutions and businesses.

HB 1837, Relating to restrictions on the application of noise regulations to sport shooting ranges.

HB 1901, Relating to juveniles with mental health and substance abuse disorders.

HB 1948, Relating to a local option election to allow or prohibit the sale of wine by the holder of a winery permit.

HB 3181, Relating to information concerning registered voters.

HB 3335, Relating to duties and immunities of certain persons with cause to believe that an elderly or disabled person is in a state of abuse, neglect, or exploitation.

HB 3450, Relating to the continuation and functions of the Texas Interagency Council for the Homeless.

HJR 5, Proposing a constitutional amendment prescribing requirements for imposing a lien for work and material used in the construction, repair, or renovation of improvements on residential homestead property.

HJR 8, Proposing a constitutional amendment relating to the election and terms of office of the judges of County Courts at Law Nos. 10, 11, and 12 of Bexar County, Texas.

HJR 45, Proposing a constitutional amendment to require the governor to call a special session for the appointment of presidential electors under certain circumstances.

HJR 81, Proposing a constitutional amendment providing for the issuance of additional general obligation bonds by the Texas Water Development Board.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

77th Legislature — Regular Session 58th Day

MESSAGE FROM THE GOVERNOR

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

OFFICE OF THE GOVERNOR

April 19, 2001

The Honorable Henry Cuellar

Secretary of State

Capitol Station

Austin, Texas 78711

Dear Mr. Secretary:

Please be advised that the appointment of Douglas A. Schwartz to the Real Estate Research Advisory Committee on November 3, 1999 is hereby withdrawn.

Sincerely,

/s/Dealey Herndon

Appointments Director

REPORT OF COMMITTEE ON NOMINATIONS

Senator Nelson submitted the following report from the Committee on Nominations:

We, your Committee on Nominations, to which were referred the following appointments, have had same under consideration and report them back to the Senate with a recommendation that they be confirmed.

Members, The Texas A&M University System Board of Regents: Phillip David Adams, Brazos County; Wendy Lee Gramm, Brazos County; Lester Lowry Mays, Bexar County.

Members, The University of Texas System Board of Regents: Rita Crocker Clements, Dallas County; Judith Lynn Berwick Craven, M.D., M.P.H., Harris County; Cyndi Taylor Krier, Bexar County.

Members, Texas Tech University Board of Regents: C. Robert Black, Llano County; J. Robert Brown, El Paso County; David R. Lopez, Travis County.

Members, Texas Woman's University Board of Regents: Therese Bartholomew Bevers, M.D., Harris County; Kenneth L. Ingram, Denton County; Sharon Warfield Wilkes, Travis County; Annie F. Williams, Dallas County.

Members, Texas State University System Board of Regents: Dan S. Hallmark, Jefferson County; James L. Sweatt III, M.D., Dallas County.

Members, Texas Southern University Board of Regents: David Diaz, Nueces County; J. Paul Johnson, Fort Bend County; George M. Williams, Harris County; Gerald E. Wilson, Harris County.

Members, Stephen F. Austin State University Board of Regents: Margarita de la Garza-Grahm, M.D., Smith County; Kenneth James, Harris County; Gary

Tuesday, April 24, 2001

SENATE JOURNAL

Lopez, Dallas County; R. "Lyn" Stevens, Jefferson County; Michael T. Wilhite, Sr., Rusk County; Fredrick A. Wulf, Shelby County.

Members, Midwestern State University Board of Regents: John C. Bridgman, Wichita County; Mac Cannedy, Jr., Wichita County; Munir A. Lalani, Wichita County; David L. Stephens, Wichita County.

Members, Commission on Jail Standards: Evelyn "Kelly" McVay, Nacogdoches County; Horace T. "Ted" Montgomery, Moore County.

Members, Texas Agricultural Finance Authority Board of Directors: S. Michael Golden, Brazoria County; Victoria Salin, Ph.D., Brazos County; Jane Anne Stinnett, Lubbock County.

Members, Texas Underground Facility Notification Corporation Board of Directors (One-Call Board): Ralph Edward Alonzo, Bexar County; Lynda Billa Burke, Bexar County; Beverley A. Clark, Fort Bend County; Steven F. Landon, Tarrant County; Howard T. Pebley, Jr., Hidalgo County; Nancy Lou Sullivan, Mitchell County; Jose L. Valenciano, Lubbock County.

Member, State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments: James McCrae, Gillespie County.

Member, State Board of Examiners for Speech-Language Pathology and Audiology: Deborah L. Carlson, Harris County.

NOTICE OF CONSIDERATION OF NOMINATIONS

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

SENATE RESOLUTION 786

Senator Armbrister offered the following resolution:

WHEREAS, The Senate of the State of Texas is always pleased to recognize Beatrice Mann, an exemplary and distinguished lady, who has made an indelible mark on Texas Capitol history; and

WHEREAS, A first-generation Texan and a lifelong resident of Austin, Bea is the spirited proprietor of Gem Jewelry Company on Congress Avenue; and

WHEREAS, Bea and her husband, Frank, opened their jewelry store on January 2, 1951, and over the last 50 years this indomitable businesswoman has weathered recessions, road construction, and rent increases to become a permanent fixture on Congress Avenue and in Capitol life; and

WHEREAS, A legislative veteran herself, Bea worked for Representative Ennis Favors during the 49th Legislature; since that time she has remained an avid follower of events at the Capitol, and her work has led her to know some of Texas' most prominent politicians; and

WHEREAS, As her knowledge of Capitol events and trivia is exhaustive, Bea proved an invaluable resource during the recent Capitol restoration, helping renovation teams get things just right; and

WHEREAS, Admired and respected by so many in legislative service, Bea is irreplaceable; a woman who deeply respects and adheres to the tenets of good

77th Legislature — Regular Session 58th Day

citizenship, she has always rendered exemplary service to her state, and for her many years of friendship with those in legislative service, she is truly worthy of recognition; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, thank Bea Mann for her many years of friendship with the Texas Legislature and wish her the best in business and in life in the new millennium; and, be it further

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

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 Monday, April 23, 2001.

GUEST PRESENTED

Senator Armbrister was recognized and introduced to the Senate Beatrice Mann.

The Senate welcomed Mrs. Mann.

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate fourth- and fifth-grade students from Parkside Community School in Austin, accompanied by their teachers and parents.

The Senate welcomed its guests.

(Senator Nelson in Chair)

GUESTS PRESENTED

Senator Sibley was recognized and introduced to the Senate a group of students from Cranfills Gap School in Cranfills Gap.

The Senate welcomed its guests.

PHYSICIAN OF THE DAY

Senator Truan was recognized and presented Dr. Ronald Munson of Mathis as the Physician of the Day.

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

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate members of the Texas Retired Employees Association.

The Senate welcomed its guests.

Tuesday, April 24, 2001

SENATE JOURNAL

GUESTS PRESENTED

Senator Madla was recognized and introduced to the Senate a delegation from Marathon Oil Company.

The Senate welcomed its guests.

CONCLUSION OF MORNING CALL

The Presiding Officer, Senator Nelson in Chair, at 10:24 a.m. announced the conclusion of morning call.

(President in Chair)

COMMITTEE SUBSTITUTE

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

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

SENATE BILL 1344 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:

SB 1344, Relating to certain municipal firefighters and police officers entitled to additional wages; providing a civil penalty.

The bill was read second time.

Senator Barrientos offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend SB 1344 by adding on page 2, line 26, between the words "qualified" and "to", the following words, ", as determined by the department,"; and on page 3, line 7, by striking the word, "shall" and inserting in place thereof the following: "may".

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

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

SB 1344 as amended was passed to engrossment by a viva voce vote.

RECORD OF VOTES

Senators Fraser and Shapiro asked to be recorded as voting "Nay" on the passage of SB 1344 to engrossment.

77th Legislature — Regular Session 58th Day

SENATE BILL 1344 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 SB 1344 be placed on its third reading and final passage.

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

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

Nays: Fraser, Shapiro, Wentworth.

Present-not voting: Mr. President.

Absent-excused: Staples.

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

RECORD OF VOTES

Senators Fraser and Shapiro asked to be recorded as voting "Nay" on the final passage of SB 1344.

SENATE BILL 70 ON SECOND READING

On motion of Senator Haywood 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 70, Relating to creating a covenant marriage.

The bill was read second time.

Senator Haywood offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend SB 70 as follows:

(1)  Between SECTIONS 3 and 4 of the bill (introduced version, page 2, between lines 8 and 9), insert the following appropriately numbered SECTION:

SECTION _____. Section 2.014(c), Family Code, is amended to read as follows:

(c)  The premarital education handbook under Subsection (b)(1) shall be distributed to each applicant for a marriage license as provided by Section 2.009(c)(5) and shall contain information on:

(1)  conflict management;

(2)  communication skills;

(3)  children and parenting responsibilities; [and ]

(4)  financial responsibilities; and

(5)  covenant marriage.

(2)  In SECTION 4 of the bill, in added Section 2.601, Family Code (introduced version, page 2, line 22), strike "read the pamphlet on covenant marriage" and substitute "received the premarital education handbook".

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SENATE JOURNAL

(3)  In SECTION 4 of the bill, in added Section 2.601, Family Code (introduced version, page 2, line 25), strike "pamphlet on covenant marriage" and substitute "premarital education handbook".

(4)  In SECTION 4 of the bill, in added Section 2.602, Family Code (introduced version, page 3, lines 15 and 16), strike "read the pamphlet on covenant marriage" and substitute "received the premarital education handbook".

(5)  In SECTION 4 of the bill, in added Section 2.602, Family Code (introduced version, page 3, line 18), strike "pamphlet on covenant marriage" and substitute "premarital education handbook".

(6)  In SECTION 4 of the bill, strike added Section 2.604, Family Code (introduced version, page 4, lines 23-27, and page 5, lines 1-5), and substitute the following:

Sec. 2.604.  INFORMATION FOR APPLICANTS. The attorney general shall include in the premarital education handbook described by Section 2.014, a full explanation of the terms and conditions of a covenant marriage, including the grounds for a divorce under Section 6.903 and the grounds for legal separation under Section 6.904.

(7)  Renumber the SECTIONS of the bill accordingly.

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

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

SB 70 as amended was passed to engrossment by a viva voce vote.

RECORD OF VOTES

Senators Barrientos, Gallegos, Truan, and Zaffirini asked to be recorded as voting "Nay" on the passage of SB 70 to engrossment.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 24, 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:

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

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

77th Legislature — Regular Session 58th Day

BILLS AND RESOLUTIONS SIGNED

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

HB 1019, HCR 219, HJR 47, SB 181, SB 479, SB 481, SB 509, SB 611, SB 627, SB 628, SB 640, SB 738, SB 774, SB 797, SB 831, SB 835, SB 989, SCR 12, SCR 20.

COMMITTEE SUBSTITUTE

SENATE BILL 311 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 311, Relating to the continuation and functions of the General Services Commission and to the operations of certain other state agencies having functions transferred from or associated with the commission, including the Department of Information Resources, the telecommunications planning and oversight council, the interagency work group for developing contracting guidelines, and the State Cemetery Committee.

The bill was read second time.

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 311 in SECTION 1.02 of the bill, in added Section 2054.022(c)(1)(A), Government Code (Senate committee printing, page 2, line 41), between "receives" and "income", by inserting "more than five percent of the employee's".

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

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 2

Amend Article 8 of CSSB 311 as follows:

(1) In SECTION 8.01, in the proposed Sec. 2166.2511, Government Code, delete subdivision (4) and insert in lieu thereof the following:

(4) "Facility" means buildings or structures the design and construction of which is governed by accepted building codes. The term does not include:

(A) highways, roads, streets, bridges, utilities, water supply projects, water plants, wastewater plants, water and wastewater distribution or conveyance facilities, wharves, docks, airport runways and taxiways, drainage projects, or related types of projects associated with civil engineering construction; or

(B) buildings or structures that are incidental to projects that are primarily civil engineering construction projects.

(2) In SECTION 8.05, in the proposed Sec. 2166.2531(c), page 25, line 3 delete "may" and insert "shall".

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

Tuesday, April 24, 2001

SENATE JOURNAL

Senator Lucio offered the following amendment to the bill:

Floor Amendment No. 3

Amend CSSB 311 as follows:

(1) In SECTION 6.01 of the bill (Committee Printing page 15, line 61), in Subdivision (2) of amended Section 2155.062(a), Government Code, strike "(2) multiple award contract procedure; [or ]" and substitute:

(2) multiple award contract procedure, including under any schedules developed under Subchapter I; [or ]

(2) Insert an appropriately numbered ARTICLE to the bill to read as follows:

ARTICLE _____. MULTIPLE AWARD CONTRACTS

FOR STATE AND LOCAL GOVERNMENT PURCHASES

SECTION _____.01. Chapter 2155, Government Code, is amended by adding Subchapter I to read as follows:

SUBCHAPTER I. MULTIPLE

AWARD CONTRACT SCHEDULE

Sec. 2155.501. DEFINITIONS. In this subchapter:

(1) "Department" means the Department of Information Resources.

(2) "Local government" has the meaning assigned by Section 271.101, Local Government Code.

(3) "Multiple award contract" means an award of a contract for an indefinite amount of one or more similar goods or services from a vendor.

(4) "Schedule" means a list of multiple award contracts from which agencies may purchase good and services.

Sec. 2155.502. DEVELOPMENT OF MULTIPLE AWARD CONTRACT SCHEDULE. (a) The commission shall develop a schedule of multiple award contracts that have been previously awarded using a competitive process by:

(1) the federal government, including the federal General Services Administration; or

(2) any other governmental entity in any state.

(b) In developing the schedule under Subsection (a), the commission shall modify any contractual terms, with the agreement of the parties to the contract, as necessary to comply with any federal or state requirements, including rules adopted under this subchapter.

(c) The commission may not list a multiple award contract on a schedule developed under this section if the goods or services provided by that contract are available from only one vendor.

Sec. 2155.503. RULES. (a) The commission and the department shall adopt rules to implement this subchapter. The rules must:

(1) establish standard terms for contracts listed on a schedule; and

(2) maintain consistency with existing purchasing standards.

(b) The commission and the department shall consult with the attorney general and the comptroller in developing rules under this section.

Sec. 2155.504. USE OF SCHEDULE BY GOVERNMENTAL ENTITIES. (a) A state agency or local government may purchase goods or services directly from a vendor under a contract listed on a schedule developed under this subchapter. A purchase authorized by this section satisfies any requirement of state law relating to competitive bids or proposals and satisfies any applicable requirements of Chapter 2157.

77th Legislature — Regular Session 58th Day

(b) The price listed for a good or service under a multiple award contract is a maximum price. An agency or local government may negotiate a lower price for goods or services under a contract listed on a schedule developed under this subchapter.

Sec. 2155.505. HISTORICALLY UNDERUTILIZED AND SMALL BUSINESSES. (a) In this section:

(1) "Historically underutilized business" has the meaning assigned by Section 2161.001.

(2) "Small business" means a small business concern as defined by regulations of the United States Small Business Administration in 13 C.F.R. Section 121.201.

(b) The commission shall strongly encourage each vendor with a contract listed on a schedule developed under this subchapter and who is not a historically underutilized or small business to use historically underutilized or small businesses to sell or provide a service under the contract. If a vendor does not make a good faith effort to use historically underutilized and small businesses under the contract, the commission may exclude the vendor from being listed on a schedule developed under this subchapter.

(c) A historically underutilized business or small business may sell or provide a service under another vendor's contract listed on a schedule developed under this subchapter if:

(1) the contract is on a schedule developed under Section 2155.502;

(2) the vendor for the contract authorizes in writing the historically underutilized business or small business to sell or provide a service under that contract; and

(3) the historically underutilized business or small business provides that written authorization to the commission.

Sec. 2155.506. REPORTING REQUIREMENTS. (a) A vendor listed on a contract for a schedule developed under this subchapter shall report its sales to the commission in the manner prescribed by the commission.

(b) The commission shall compile the information reported under Subsection (a) and include the information in its report under Section 2101.011.

Sec. 2155.507. EXEMPTION FROM CATALOGUE PURCHASE METHOD FOR INFORMATION SYSTEM VENDORS. Section 2157.062 does not apply to a vendor who applies to be listed on a schedule developed under this subchapter.

Sec. 2155.508. INTERNET AVAILABILITY. (a) The commission shall develop a database of the multiple award contracts developed under this subchapter and make that information available on an Internet site. The database must have search capabilities that allow a person to easily access the contracts.

(b) The commission shall allow vendors to apply through the Internet site to be listed on a schedule developed under this subchapter. The applicant shall provide an electronic mail address to the commission as part of the application process.

(c) The department shall post appropriate information regarding contracts developed under this subchapter to any electronic procurement system developed under Chapter 2177. On request by the department, the commission and any vendor with a contract on a schedule developed under this subchapter shall provide to the department any information necessary for posting on the system.

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SENATE JOURNAL

Sec. 2155.509. NOTICE REGARDING PROCUREMENTS EXCEEDING $25,000. After a purchase order has been placed, a state agency subject to Section 2155.083 shall post, as required under that section, a procurement made under a contract listed on a schedule developed under this subchapter.

SECTION _____.02. Section 2155.079(a), Government Code, is amended to read as follows:

(a) The commission shall adopt rules specifying the circumstances under which it is advantageous for the state to allow a state agency to purchase goods or services under a contract made by another state agency other than the commission, including as provided under Subchapter I.

SECTION _____.03. (a) Not later than March 1, 2002, the General Services Commission shall develop initial schedules of multiple award contracts under Section 2155.502, Government Code, as added by this Article.

(b) Not later than January 1, 2002, the General Services Commission shall adopt the rules required by Subchapter I, Chapter 2155, Government Code, as added by this Article.

(3) Renumber the remaining ARTICLES of the bill appropriately.

The amendment was read.

On motion of Senator Lucio and by unanimous consent, Floor Amendment No. 3 was temporarily withdrawn.

Senator Fraser offered the following amendment to the bill:

Floor Amendment No. 4

Amend CSSB 311 as follows:

(1)  In Article 9 of the bill, in the recital to SECTION 9.10 (Committee Printing page 31, line 21), strike "2167.105 and 2167.106" and substitute "2167.105, 2167.106, and 2167.107".

(2)  In Article 9, in SECTION 9.10 of the bill (Committee Printing page 31, between lines 35 and 36), add the following section:

Sec. 2167.107.  WAREHOUSE SPACE USE STUDY. (a)  The commission shall evaluate the operation of the first four state-leased warehouses in Austin for which the leases expire after October 1, 2001. The commission shall work with the state agency that operates the warehouse to reduce inefficient warehouse space use and adopt practices that can reduce the agency's need for warehouse space and eliminate warehouse leases.

(b)  The commission and the state agency shall:

(1)  identify excess inventory;

(2)  determine the most appropriate ways to eliminate excess inventory; and

(3)  determine the extent to which the state agency uses the following management principles in operating the warehouse:

(A)  automated order processing;

(B)  training customers how to use the supply system;

(C)  changing relationships with suppliers to reduce inventory maintained by the state agency;

(D)  establishing supplier support agreements to reduce the time for delivery from a supplier;

77th Legislature — Regular Session 58th Day

(E)  training supply staff to use information to manage supplies; and

(F)  reducing administrative cycle times through automation.

(c)  The commission shall assist the state agency operating the warehouse in developing a plan to reduce the need for warehouse space by reducing inventory, selling surplus property, and efficiently managing warehouse operations. Each agency shall include the plan as part of its strategic plan submitted under Chapter 2056 during calendar year 2002.

(d)  This section expires September 1, 2003.

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

On motion of Senator Sibley and by unanimous consent, further consideration of CSSB 311 was postponed to a time certain of 11:15 a.m. today.

Question—Shall CSSB 311 be passed to engrossment?

(Senator Truan in Chair)

SENATE RESOLUTION 798

Senator Jackson offered the following resolution:

WHEREAS, The Senate of the State of Texas is proud to express its unwavering support of the human spaceflight program, the Johnson Space Center, NASA, and aerospace technology companies across Texas on Space Day 2001; and

WHEREAS, America's spaceflight program continues today in the spirit of discovery and learning that has been a catalyst for progress in our nation's history; and

WHEREAS, Space technology and research have yielded significant benefits for society, improving the quality of life for citizens of the world; and

WHEREAS, In addition to its important scientific and technological discoveries, the American space program has promoted international collaboration and cooperation; and

WHEREAS, The Johnson Space Center, which is responsible for the Space Shuttle and International Space Station programs, is the crown jewel of America's human spaceflight program; this estimable institution will be overseeing any future human missions to the moon and to Mars; and

WHEREAS, The people of Clear Lake and indeed all Texans are enthusiastic supporters of the space program and are proud to be home to the Johnson Space Center and NASA; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby express its support of continued investment in NASA, the Johnson Space Center, their Space Shuttle, International Space Station, and aeronautic educational programs and in the aerospace industry as a whole; and, be it

RESOLVED, That the Senate of the State of Texas lend its full support to the development of plans for future human spaceflight missions back to the moon and to Mars; and, be it further

RESOLVED, That a copy of this Resolution be prepared as an expression of the esteem the Senate holds for aerospace activities in Texas.

JACKSON

BROWN

The resolution was read.

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SENATE JOURNAL

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

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

GUESTS PRESENTED

Senator Jackson, joined by Senator Brown, was recognized and introduced to the Senate Dr. James Horton, Dr. Marie Dalton, Dr. Gerald Skidmore, Pam Melroy, Mike McCulley, Gale Burkett, Roz Doyle, Jonathan Fast, and Jim Reinhartsen.

The Senate welcomed its guests.

SENATE RESOLUTION 797

Senator Jackson offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize the 22 secondary and postsecondary mathematics teachers who are the first men and women to complete a unique course offered by the Aerospace Academy for Engineering and Teacher Education; and

WHEREAS, These teachers are from nine different independent school districts and community colleges from across Texas; they have participated in a course spanning two semesters that focused on making real-world connections between the mathematics concepts they teach and space programs; and

WHEREAS, The teachers spent part of their course time in the aerospace work environment interacting with aerospace professionals to investigate the use of transcendental functions to model phenomena occurring in the aerospace industry; they then study how technology can be used to enhance mathematics teaching; and

WHEREAS, By offering this course, the Aerospace Academy is demonstrating what can be accomplished when education, industry, and government work together to address a problem; the course is designed to help eradicate the shortages of engineering and computer science practitioners and mathematics and science teachers; and

WHEREAS, The academy is a partnership of two independent school districts, two community colleges, three universities, NASA-JSC, and the Clear Lake area business community; teachers will carry the knowledge they gain from the academy's course into their classrooms to inspire their students to take an interest in mathematics-intensive careers, such as engineering; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend these 22 teachers, the superintendents, principals, and presidents who support their efforts, and their three San Jacinto College district professors, Sharon Sledge, Dr. Sarah Janes, and Dr. Terry Wilson, and extend to them best wishes on the occasion of Space Day 2001; and, be it further

RESOLVED, That copies of this Resolution be prepared for them as an expression of esteem from the Texas Senate.

The resolution was read.

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

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

77th Legislature — Regular Session 58th Day

SENATE RESOLUTION 693

Senator Ogden offered the following resolution:

WHEREAS, The Senate of the State of Texas is proud to recognize Coach Darrell Collins and the Mexia High School boys basketball team for winning the Class 3A state championship; and

WHEREAS, Mexia's superb showing in the hard-fought contest against Corpus Christi West Oso marked the second time in three years the team has captured the state title; and

WHEREAS, The Black Cats devoted time and energy to practicing the fundamental skills of the game, and their discipline was highly apparent in their excellent showing against their formidable tournament opponents; and

WHEREAS, Exhibiting perseverance and team unity, team members Ricky Huckaby, Jesse Kimbrough, Greg Dunn, John McGilvray, Donovan Smith, M. D. Childs, Sam Chambers, Freddie Hall, Willie Jefferson, and Brian Jones brought honor to themselves, Mexia High School, and their community; and

WHEREAS, This highly successful season is a tribute not only to the boys' exceptional talent and loyal enthusiasm but also to Coach Collins; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the Mexia High School boys basketball team for winning the Class 3A state championship and extend best wishes for future success; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the team as a token of esteem from the Texas Senate.

The resolution was again read.

On motion of Senator Sibley 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 Monday, April 9, 2001.

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate Jesse Kimbrough, Donovan Smith, Willie Jefferson, John McGilvray, and Anthony Johnson, accompanied by their coach, Darrell Collins, and their teammates.

The Senate welcomed its guests.

COMMITTEE SUBSTITUTE

SENATE BILL 465 ON SECOND READING

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

CSSB 465, Relating to the establishment of a task force to study the viability of creating border port of entry authorities.

The bill was read second time.

Tuesday, April 24, 2001

SENATE JOURNAL

Senator Zaffirini offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 465 as follows:

(1)  Strike Subdivision (2) of SECTION 1 of the bill (Committee Printing, page 1, lines 16-19).

(2)  In SECTION 1 of the bill (Committee Printing, page 1, line 20), strike "(3)" and substitute "(2)".

(3)  In SECTION 1 of the bill (Committee Printing, page 1, line 22), strike "(4)" and substitute "(3)".

(4)  In SECTION 2 of the bill (Committee Printing, page 1, line 28), strike "the border region" and substitute "El Paso County".

(5)  Strike Subdivisions (2) and (3) of SECTION 3 of the bill (Committee Printing, page 1, lines 32 through 37) and substitute:

(2)  four members representing the city of El Paso, appointed by the mayor of El Paso; and

(3)  four members representing the county of El Paso, appointed by the county judge.

(6)  In SECTION 6 of the bill (Committee Printing, page 1, lines 63-64), strike "the border region" and substitute "El Paso County".

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

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

CSSB 465 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 465 ON THIRD READING

Senator Shapleigh moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 465 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Staples.

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: Staples.

77th Legislature — Regular Session 58th Day

COMMITTEE SUBSTITUTE

SENATE BILL 1198 ON SECOND READING

On motion of Senator Carona 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 1198, Relating to inspection of elevators, escalators, moving sidewalks, and related equipment; providing an administrative penalty.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1198 ON THIRD READING

Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1198 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Staples.

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

COMMITTEE SUBSTITUTE

SENATE BILL 311 ON SECOND READING

The Presiding Officer, Senator Truan in Chair, laid before the Senate CSSB 311 on its second reading. The bill was read second time, amended, and further consideration was postponed to a time certain of 11:15 a.m. today.

Question—Shall CSSB 311 be passed to engrossment?

Senator Lucio again offered the following amendment to the bill:

Floor Amendment No. 3

Amend CSSB 311 as follows:

(1) In SECTION 6.01 of the bill (Committee Printing page 15, line 61), in Subdivision (2) of amended Section 2155.062(a), Government Code, strike "(2) multiple award contract procedure; [or ]" and substitute:

(2) multiple award contract procedure, including under any schedules developed under Subchapter I; [or ]

(2) Insert an appropriately numbered ARTICLE to the bill to read as follows:

Tuesday, April 24, 2001

SENATE JOURNAL

ARTICLE _____. MULTIPLE AWARD CONTRACTS

FOR STATE AND LOCAL GOVERNMENT PURCHASES

SECTION _____.01. Chapter 2155, Government Code, is amended by adding Subchapter I to read as follows:

SUBCHAPTER I. MULTIPLE

AWARD CONTRACT SCHEDULE

Sec. 2155.501. DEFINITIONS. In this subchapter:

(1) "Department" means the Department of Information Resources.

(2) "Local government" has the meaning assigned by Section 271.101, Local Government Code.

(3) "Multiple award contract" means an award of a contract for an indefinite amount of one or more similar goods or services from a vendor.

(4) "Schedule" means a list of multiple award contracts from which agencies may purchase good and services.

Sec. 2155.502. DEVELOPMENT OF MULTIPLE AWARD CONTRACT SCHEDULE. (a) The commission shall develop a schedule of multiple award contracts that have been previously awarded using a competitive process by:

(1) the federal government, including the federal General Services Administration; or

(2) any other governmental entity in any state.

(b) In developing the schedule under Subsection (a), the commission shall modify any contractual terms, with the agreement of the parties to the contract, as necessary to comply with any federal or state requirements, including rules adopted under this subchapter.

(c) The commission may not list a multiple award contract on a schedule developed under this section if the goods or services provided by that contract are available from only one vendor.

Sec. 2155.503. RULES. (a) The commission and the department shall adopt rules to implement this subchapter. The rules must:

(1) establish standard terms for contracts listed on a schedule; and

(2) maintain consistency with existing purchasing standards.

(b) The commission and the department shall consult with the attorney general and the comptroller in developing rules under this section.

Sec. 2155.504. USE OF SCHEDULE BY GOVERNMENTAL ENTITIES. (a) A state agency or local government may purchase goods or services directly from a vendor under a contract listed on a schedule developed under this subchapter. A purchase authorized by this section satisfies any requirement of state law relating to competitive bids or proposals and satisfies any applicable requirements of Chapter 2157.

(b) The price listed for a good or service under a multiple award contract is a maximum price. An agency or local government may negotiate a lower price for goods or services under a contract listed on a schedule developed under this subchapter.

Sec. 2155.505. HISTORICALLY UNDERUTILIZED AND SMALL BUSINESSES. (a) In this section:

(1) "Historically underutilized business" has the meaning assigned by Section 2161.001.

(2) "Small business" means a small business concern as defined by regulations of the United States Small Business Administration in 13 C.F.R. Section 121.201.

77th Legislature — Regular Session 58th Day

(b) The commission shall strongly encourage each vendor with a contract listed on a schedule developed under this subchapter and who is not a historically underutilized or small business to use historically underutilized or small businesses to sell or provide a service under the contract. If a vendor does not make a good faith effort to use historically underutilized and small businesses under the contract, the commission may exclude the vendor from being listed on a schedule developed under this subchapter.

(c) A historically underutilized business or small business may sell or provide a service under another vendor's contract listed on a schedule developed under this subchapter if:

(1) the contract is on a schedule developed under Section 2155.502;

(2) the vendor for the contract authorizes in writing the historically underutilized business or small business to sell or provide a service under that contract; and

(3) the historically underutilized business or small business provides that written authorization to the commission.

Sec. 2155.506. REPORTING REQUIREMENTS. (a) A vendor listed on a contract for a schedule developed under this subchapter shall report its sales to the commission in the manner prescribed by the commission.

(b) The commission shall compile the information reported under Subsection (a) and include the information in its report under Section 2101.011.

Sec. 2155.507. EXEMPTION FROM CATALOGUE PURCHASE METHOD FOR INFORMATION SYSTEM VENDORS. Section 2157.062 does not apply to a vendor who applies to be listed on a schedule developed under this subchapter.

Sec. 2155.508. INTERNET AVAILABILITY. (a) The commission shall develop a database of the multiple award contracts developed under this subchapter and make that information available on an Internet site. The database must have search capabilities that allow a person to easily access the contracts.

(b) The commission shall allow vendors to apply through the Internet site to be listed on a schedule developed under this subchapter. The applicant shall provide an electronic mail address to the commission as part of the application process.

(c) The department shall post appropriate information regarding contracts developed under this subchapter to any electronic procurement system developed under Chapter 2177. On request by the department, the commission and any vendor with a contract on a schedule developed under this subchapter shall provide to the department any information necessary for posting on the system.

Sec. 2155.509. NOTICE REGARDING PROCUREMENTS EXCEEDING $25,000. After a purchase order has been placed, a state agency subject to Section 2155.083 shall post, as required under that section, a procurement made under a contract listed on a schedule developed under this subchapter.

SECTION _____.02. Section 2155.079(a), Government Code, is amended to read as follows:

(a) The commission shall adopt rules specifying the circumstances under which it is advantageous for the state to allow a state agency to purchase goods or services under a contract made by another state agency other than the commission, including as provided under Subchapter I.

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SENATE JOURNAL

SECTION _____.03. (a) Not later than March 1, 2002, the General Services Commission shall develop initial schedules of multiple award contracts under Section 2155.502, Government Code, as added by this Article.

(b) Not later than January 1, 2002, the General Services Commission shall adopt the rules required by Subchapter I, Chapter 2155, Government Code, as added by this Article.

(3) Renumber the remaining ARTICLES of the bill appropriately.

The amendment was again 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 311 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 311 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 311 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Staples.

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

COMMITTEE SUBSTITUTE

SENATE BILL 896 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 896, Relating to funds and taxes for county roads.

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

RECORD OF VOTES

Senators Fraser and Gallegos asked to be recorded as voting "Nay" on the passage of CSSB 896 to engrossment.

COMMITTEE SUBSTITUTE

SENATE BILL 896 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 896 be placed on its third reading and final passage.

77th Legislature — Regular Session 58th Day

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

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

Nays: Fraser, Wentworth.

Present-not voting: Mr. President.

Absent-excused: Staples.

(President in Chair)

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

RECORD OF VOTES

Senators Fraser and Gallegos asked to be recorded as voting "Nay" on the final passage of CSSB 896.

(Senator Sibley in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 1167 ON SECOND READING

On motion of Senator Madla 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 1167, Relating to the administration, powers, duties, and operations of certain emergency services districts; providing criminal penalties.

The bill was read second time.

Senator Madla offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1167 as follows:

(1) Strike Subchapter F, Section 775.114(b) of SECTION 5 of the bill and substitute "(b) The records of an investigation by the fire marshal relating to the detection, investigation, or prosecution of a crime may be admitted in evidence in the trial of a civil action unless those records are subject to an exception under 552.108(a)(1) and (b)(1) of the Government Code." (Committee Printing page 3, lines 44-46).

(2) Strike Subchapter F, Section 775.114(c) of SECTION 5 of the bill (Committee Printing page 3, lines 47-51).

(3) Strike Subchapter F, Section 775.116 of SECTION 5 of the bill and renumber the subsequent sections of Subchapter F appropriately (Committee Printing page 3, lines 61-64).

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

Tuesday, April 24, 2001

SENATE JOURNAL

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

CSSB 1167 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 1167 ON THIRD READING

Senator Madla moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1167 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Staples.

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

GUEST PRESENTED

Senator Barrientos was recognized and introduced to the Senate Neville Barber, President of the Mental Health Review Board in Western Australia.

The Senate welcomed Mr. Barber.

(President in Chair)

SENATE JOINT RESOLUTION 32 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:

SJR 32, Proposing a constitutional amendment authorizing municipalities to donate outdated or surplus firefighting equipment or supplies to underdeveloped countries.

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

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

Nays: Ogden.

Present-not voting: Mr. President.

Absent-excused: Staples.

77th Legislature — Regular Session 58th Day

SENATE JOINT RESOLUTION 32 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 SJR 32 be placed on its third reading and final passage.

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

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

Nays: Ogden, Wentworth.

Present-not voting: Mr. President.

Absent-excused: Staples.

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

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

Nays: Ogden.

Present-not voting: Mr. President.

Absent-excused: Staples.

SENATE BILL 1201 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 1201, Relating to the punishment of certain offenses involving the breach of computer security.

The bill was read second time.

Senator Shapiro offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 1201 (Senate Committee Printing) as follows:

On page 1, line 29, strike "or the identifying information that is obtained is about one individual".

On page 1, line 33, strike "or the number of individuals about whom identifying information is obtained is more than one but less than 1,000".

On page 1, line 37, strike "or the identifying information that is obtained is about one individual"

On page 1, line 41, strike "or the number of individuals about whom identifying information is obtained is 1,000 or more but less than 10,000"

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SENATE JOURNAL

On page 1, line 45, strike "or the number of individuals about whom identifying information is obtained is 10,000 or more but less than 100,000"

On page 1, line 49, strike "or the number of individuals about whom identifying information is obtained is 100,000 or more"

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

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

SB 1201 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 1201 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 1201 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Staples.

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

SENATE BILL 1016 ON SECOND READING

On motion of Senator Madla 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 1016, Relating to the review of financial audits of regional planning commissions.

The bill was read second time.

Senator Madla offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 1016 (Committee printing, page 1, line 23) by inserting "and the Legislative Audit Committee" between the word "governor" and "may".

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

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

SB 1016 as amended was passed to engrossment by a viva voce vote.

77th Legislature — Regular Session 58th Day

SENATE BILL 1016 ON THIRD READING

Senator Madla moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1016 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Staples.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1398 ON SECOND READING

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

CSSB 1398, Relating to the authority of the governing body of a municipality to change previously adopted zoning regulations.

There was objection.

Senator Fraser then moved to suspend the regular order of business and take up CSSB 1398 for consideration at this time.

The motion prevailed by the following vote:  Yeas 24, Nays 4, Present-not voting 1.

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

Nays: Barrientos, Cain, Moncrief, West.

Present-not voting: Mr. President.

Absent: Shapiro.

Absent-excused: Staples.

The bill was read second time.

Senator Fraser offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1398 in line 18, page 1, committee printing, by striking "10" and inserting "25".

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

Tuesday, April 24, 2001

SENATE JOURNAL

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

CSSB 1398 as amended was passed to engrossment by a viva voce vote.

RECORD OF VOTES

Senators Barrientos, Cain, Moncrief, Truan, and West asked to be recorded as voting "Nay" on the passage of CSSB 1398 to engrossment.

COMMITTEE SUBSTITUTE

SENATE BILL 1398 ON THIRD READING

Senator Fraser moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1398 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 23, Nays 5, Present-not voting 1.

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

Nays: Barrientos, Cain, Moncrief, Wentworth, West.

Present-not voting: Mr. President.

Absent: Shapiro.

Absent-excused: Staples.

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

RECORD OF VOTES

Senators Barrientos, Cain, Moncrief, Truan, and West asked to be recorded as voting "Nay" on the final passage of CSSB 1398.

COMMITTEE SUBSTITUTE

SENATE BILL 1156 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 1156, Relating to the state Medicaid program.

The bill was read second time.

Senator Zaffirini offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1156 as follows:

(1) Immediately following SECTION 1 of the bill (Committee printing, page 1, between lines 18 and 19), insert the following new SECTION:

SECTION 2. Sec. 32.028, Human Resources Code, is amended by adding Subsection (g) to read as follows:

77th Legislature — Regular Session 58th Day

(g) The department in its adoption of reasonable rules and standards governing the allocation of any funds appropriated for rate increases for physician services and outpatient hospital services shall establish a provider reimbursement methodology that recognizes and rewards high volume providers, with an emphasis on providers located in areas of this state where medical assistance payments are particularly vital to the health care delivery system.

(2) Renumber existing SECTIONS of the bill and revise cross-references to existing SECTIONS of the bill accordingly.

ZAFFIRINI

DUNCAN

MONCRIEF

OGDEN

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

Senator Zaffirini offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 1156 as follows:

(1)  In SECTION 3 of the bill (Committee printing, page 2, line 11), strike "531.02101 and 531.02102" and substitute "531.02101-531.02103".

(2)  In SECTION 3 of the bill (Committee printing, page 2, between lines 58 and 59), insert the following:

Sec. 531.02103.  MEDICAID PROGRAM: STRATEGIES FOR IMPROVING BUDGET CERTAINTY AND COST SAVINGS. To achieve administrative efficiency and cost savings in the Medicaid program, the commission shall develop and implement strategies to improve management of the cost, quality, and use of services provided under the program. The strategies developed and implemented under this section may include:

(1)  imposition of copayments for services provided under the program; and

(2)  use of procurement initiatives such as selective contracting as a mechanism for obtaining provider services under the program.

ZAFFIRINI

DUNCAN

MONCRIEF

OGDEN

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

Senator Shapleigh offered the following amendment to the bill:

Floor Amendment No. 3

Amend CSSB 1156 (committee report printing), as follows:

(1)  Add a new appropriately numbered SECTION, immediately following existing SECTION 7 (page 3, between lines 49 and 50), to read as follows:

SECTION _____. Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.055 to read as follows:

Sec. 531.055.  MEDICAID REIMBURSEMENT RATES REPORT. Not later than December 1 of each even-numbered year, the commission shall prepare and

Tuesday, April 24, 2001

SENATE JOURNAL

deliver to the governor, lieutenant governor, speaker of the house of representatives, and each member of the legislature a report that:

(1)  identifies the Medicaid reimbursement rates for each county in this state; and

(2)  compares the state's Medicaid reimbursement rates to the Medicaid reimbursement rates of the top 15 industrial states as ranked by the United States Department of Commerce Bureau of Economic Analysis based on gross state product.

(2)  Renumber the subsequent SECTIONS of the bill appropriately.

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 1156 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 1156 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 1156 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Staples.

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: Staples.

HOUSE BILL 1086 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 third reading:

HB 1086, Relating to a grant program to provide surplus agricultural products to organizations that serve needy or low-income individuals.

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

77th Legislature — Regular Session 58th Day

HOUSE BILL 1086 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 HB 1086 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Staples.

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: Staples.

(Senator Brown in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 914 ON SECOND READING

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

CSSB 914, Relating to certain educational facilities and housing facilities owned by higher education authorities or by certain nonprofit entities.

The bill was read second time.

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 914 as follows:

(1) On page 1, strike line 19, and substitute "Subsection (b), (c), or (d)."

(2) On page 1, line 44, strike "as defined by Section 1.04, Tax Code,"

(3) On page 1, line 53, insert between "board" and "charges" the following "or room or board"

(4) On page 1, strike line 54 and substitute the following: "(e) Subsection (d) only shall apply to an authority or"

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

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

CSSB 914 as amended was passed to engrossment by a viva voce vote.

Tuesday, April 24, 2001

SENATE JOURNAL

COMMITTEE SUBSTITUTE

SENATE BILL 914 ON THIRD READING

Senator Ogden moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 914 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Staples.

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: Staples.

HOUSE BILL 919 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 third reading:

HB 919, Relating to the uniform enforcement of protective orders from other states.

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

HOUSE BILL 919 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 HB 919 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Staples.

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

77th Legislature — Regular Session 58th Day

COMMITTEE SUBSTITUTE

SENATE BILL 876 ON SECOND READING

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

CSSB 876, Relating to the administration of restraint, seclusion, and emergency psychoactive medication to residents of certain health care facilities.

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

COMMITTEE SUBSTITUTE

SENATE BILL 876 ON THIRD READING

Senator Moncrief moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 876 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Staples.

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

COMMITTEE SUBSTITUTE

SENATE JOINT RESOLUTION 35 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:

CSSJR 35, Proposing a constitutional amendment relating to the time for legislative and congressional redistricting following release of the federal decennial census.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1308 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:

Tuesday, April 24, 2001

SENATE JOURNAL

CSSB 1308, Relating to a county's authority to set a fee or other charge for certain licenses, permits, registrations, or other administrative expenses.

The bill was read second time.

Senator Barrientos offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1308 by striking SECTION 1 of the bill (Committee Printing page 1, lines 14-34).

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

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

CSSB 1308 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 1308 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 1308 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Staples.

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

SENATE BILL 1045 ON SECOND READING

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

SB 1045, Relating to the hazardous substances law; providing penalties.

The bill was read second time.

Senator Moncrief offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 1045 as follows:

On page 1 lines 55 through 57 strike, the following language: "Unless the board determines that the health, safety, and welfare of persons in this state requires a different definition,"

77th Legislature — Regular Session 58th Day

On page 1, line 57, change "the" to "The".

On page 1 lines 60 through 64 strike, the following language: "Until the board adopts a different definition,".

On page 1, line 61, change "the" to "The".

On page 2 lines 12 through 14, strike, the following language: "Unless the board determines that the health, safety, and welfare of persons in this state requires a different standard,"

On page 2, line 14, change "the" to "The".

On page 2 line 20, strike the word "different" between the words "adopts" and "standards".

On page 2 lines 49 through 51, strike the following language: "Unless the board determines that the health, safety, and welfare of persons in this state requires a deviation from federal standards,"

On page 2, line 51, change "the" to "The".

On page 2, lines 61 through 63, strike the following language: "Unless the board determines that the health, safety, and welfare of persons in this state requires a deviation from federal standards,"

On page 2, line 63, change "the" to "The".

On page 3, lines 7 through 9, strike the following language: "Unless the board determines that the health, safety, and welfare of persons in this state requires a deviation from federal standards,"

On page 3, line 9, change "the" to "The".

On page 3, lines 19 through 21, strike the following language: "Unless the board determines that the health, safety, and welfare of persons in this state requires a deviation from federal standards,"

On page 3, line 21, change "the" to "The".

On page 3, line 69 and page 4, lines 1 through 2, strike the following language: "Unless the board determines that the health, safety, and welfare of persons in this state requires a deviation from federal regulations,"

On page 4, line 2, change "the" to "The"

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

Senator Harris offered the following amendment to the bill:

Floor Amendment No. 2

Amend SB 1045 as follows:

On page 4, line 45, strike "Subsections (a) and" and replace it with "Subsection (b)".

On page 4, line 46, strike the word "are" and replace it with "is".

On page 4, strike lines 47-49.

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

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

SB 1045 as amended was passed to engrossment by a viva voce vote.

Tuesday, April 24, 2001

SENATE JOURNAL

SENATE BILL 1045 ON THIRD READING

Senator Moncrief moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1045 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Staples.

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

COMMITTEE SUBSTITUTE

SENATE BILL 471 ON THIRD READING

On motion of Senator Carona 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 471, Relating to deferred deposit loans.

The bill was read third time.

Senator Carona offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 471 as follows:

(3)  At the end of SECTION 1 of the bill (Committee printing, page 4, between lines 14 and 15) insert:

Sec. 342.623.  CONSIDERATION OF BORROWER'S ABILITY TO PAY. When making or negotiating a deferred deposit loan, the lender shall consider, in determining the size, duration, and schedule of installments of the loan, the financial ability of the borrower to repay the loan, and specifically evaluate whether the borrower will be reasonably able to pay the loan in cash at the time and in the manner provided in the deferred deposit loan agreement.

By unanimous consent, the amendment was read and was adopted by a viva voce vote.

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

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

77th Legislature — Regular Session 58th Day

SENATE RULE 2.02 SUSPENDED

(Restrictions on Admission)

On motion of Senator Lucio and by unanimous consent, Senate Rule 2.02 was suspended to grant floor privileges to Sunset Advisory Commission staff during the deliberation of CSSB 322.

(President in Chair)

MOTION TO PLACE

COMMITTEE SUBSTITUTE

SENATE BILL 322 ON SECOND READING

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

CSSB 322, Relating to the continuation and functions of the Texas Department of Housing and Community Affairs and to other matters relating to housing or community development, including the creation of the Manufactured Housing Board and the Office of Rural Community Affairs.

On motion of Senator Lucio and by unanimous consent, further consideration of CSSB 322 was withdrawn.

COMMITTEE SUBSTITUTE

SENATE BILL 322 RECOMMITTED

On motion of Senator Lucio and by unanimous consent, CSSB 322 was recommitted to the Committee on Intergovernmental Relations.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 24, 2001

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

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

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

SB 184, Relating to eligibility requirements for certain persons under the food stamp program.

(Amended)

SB 277, Relating to the transfer, sale, or assignment of structured settlements.

(Committee Substitute/Amended)

SB 361, Relating to the membership and activities of the Interagency Council on Autism and Pervasive Developmental Disorders.

(Amended)

Tuesday, April 24, 2001

SENATE JOURNAL

SB 695, Relating to consultations between a governmental body and its attorney.

SB 802, Relating to tax-exempt benefits for county employees.

SB 938, Relating to the duties of the Department of Agriculture and certain agricultural boards.

SB 1589, Relating to removing the Texas Juvenile Probation Commission from the list of agencies considered to be health and human services agencies generally subject to the authority of the Health and Human Services Commission.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

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 SCR 45 today.

MOTION TO ADJOURN

On motion of Senator Truan, the Senate at 1:40 p.m. agreed to adjourn, in memory of the lives of Nell Myers of Austin and Wade F. Spilman of Austin, upon completion of the introduction of bills and resolutions on first reading, until 10:00 a.m. tomorrow.

(Senator Brown in Chair)

HOUSE BILLS AND RESOLUTIONS ON FIRST READING

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

HB 65 to Committee on Jurisprudence.

HB 66 to Committee on Natural Resources.

HB 100 to Committee on Health and Human Services.

HB 116 to Committee on Veteran Affairs and Military Installations.

HB 139 to Committee on Criminal Justice.

HB 166 to Committee on Intergovernmental Relations.

HB 171 to Committee on Criminal Justice.

HB 200 to Committee on Intergovernmental Relations.

HB 266 to Committee on Natural Resources.

HB 402 to Committee on Health and Human Services.

HB 490 to Committee on Intergovernmental Relations.

HB 495 to Committee on State Affairs.

HB 521 to Committee on Intergovernmental Relations.

HB 534 to Committee on Jurisprudence.

HB 535 to Committee on Jurisprudence.

HB 569 to Committee on State Affairs.

HB 663 to Committee on Health and Human Services.

HB 787 to Committee on Natural Resources.

HB 805 to Committee on Criminal Justice.

77th Legislature — Regular Session 58th Day

HB 835 to Committee on Business and Commerce.

HB 935 to Committee on Business and Commerce.

HB 940 to Committee on Criminal Justice.

HB 952 to Committee on Jurisprudence.

HB 1011 to Committee on Education.

HB 1015 to Committee on Jurisprudence.

HB 1023 to Committee on Education.

HB 1024 to Committee on Education.

HB 1073 to Committee on Jurisprudence.

HB 1091 to Committee on Intergovernmental Relations.

HB 1107 to Committee on Intergovernmental Relations.

HB 1114 to Committee on State Affairs.

HB 1161 to Committee on Business and Commerce.

HB 1175 to Committee on Health and Human Services.

HB 1220 to Committee on Jurisprudence.

HB 1285 to Committee on Intergovernmental Relations.

HB 1299 to Committee on Intergovernmental Relations.

HB 1307 to Committee on Health and Human Services.

HB 1378 to Committee on State Affairs.

HB 1390 to Committee on Business and Commerce.

HB 1392 to Committee on Intergovernmental Relations.

HB 1419 to Committee on State Affairs.

HB 1459 to Committee on State Affairs.

HB 1512 to Committee on Intergovernmental Relations.

HB 1516 to Committee on Health and Human Services.

HB 1523 to Committee on Business and Commerce.

HB 1532 to Committee on Education.

HB 1562 to Committee on Business and Commerce.

HB 1583 to Committee on Criminal Justice.

HB 1584 to Committee on Criminal Justice.

HB 1628 to Committee on Natural Resources.

HB 1639 to Committee on State Affairs.

HB 1671 to Committee on Education.

HB 1703 to Committee on Business and Commerce.

HB 1758 to Committee on Criminal Justice.

HB 1784 to Committee on Natural Resources.

HB 1842 to Committee on Natural Resources.

HB 1886 to Committee on Intergovernmental Relations.

HB 1909 to Committee on Natural Resources.

HB 1924 to Committee on Veteran Affairs and Military Installations.

HB 1958 to Committee on Intergovernmental Relations.

HB 1990 to Committee on Intergovernmental Relations.

HB 2058 to Committee on State Affairs.

HB 2077 to Committee on Jurisprudence.

HB 2091 to Committee on Natural Resources.

HB 2112 to Committee on Jurisprudence.

HB 2144 to Committee on Natural Resources.

HB 2173 to Committee on Intergovernmental Relations.

Tuesday, April 24, 2001

SENATE JOURNAL

HB 2185 to Committee on Intergovernmental Relations.

HB 2217 to Committee on Natural Resources.

HB 2238 to Committee on Education.

HB 2247 to Committee on Criminal Justice.

HB 2278 to Committee on State Affairs.

HB 2279 to Committee on Education.

HB 2286 to Committee on Business and Commerce.

HB 2295 to Committee on Business and Commerce.

HB 2307 to Committee on Intergovernmental Relations.

HB 2316 to Committee on Natural Resources.

HB 2345 to Committee on Business and Commerce.

HB 2347 to Committee on Intergovernmental Relations.

HB 2349 to Committee on Education.

HB 2362 to Committee on Natural Resources.

HB 2397 to Committee on Education.

HB 2401 to Committee on Natural Resources.

HB 2432 to Committee on Natural Resources.

HB 2437 to Committee on Health and Human Services.

HB 2440 to Committee on State Affairs.

HB 2488 to Committee on Intergovernmental Relations.

HB 2491 to Committee on Natural Resources.

HB 2525 to Committee on Intergovernmental Relations.

HB 2529 to Committee on Natural Resources.

HB 2559 to Committee on Intergovernmental Relations.

HB 2567 to Committee on Criminal Justice.

HB 2571 to Committee on Natural Resources.

HB 2572 to Committee on Natural Resources.

HB 2579 to Committee on Intergovernmental Relations.

HB 2585 to Committee on State Affairs.

HB 2587 to Committee on Intergovernmental Relations.

HB 2589 to Committee on State Affairs.

HB 2601 to Committee on Intergovernmental Relations.

HB 2628 to Committee on Intergovernmental Relations.

HB 2658 to Committee on Intergovernmental Relations.

HB 2663 to Committee on Criminal Justice.

HB 2690 to Committee on Natural Resources.

HB 2750 to Committee on State Affairs.

HB 2758 to Committee on Intergovernmental Relations.

HB 2780 to Committee on State Affairs.

HB 2788 to Committee on Jurisprudence.

HB 2796 to Committee on Administration.

HB 2816 to Committee on Education.

HB 2847 to Committee on Natural Resources.

HB 2869 to Committee on Intergovernmental Relations.

HB 2870 to Committee on Intergovernmental Relations.

HB 2873 to Committee on Intergovernmental Relations.

HB 2874 to Committee on Intergovernmental Relations.

HB 2875 to Committee on Intergovernmental Relations.

77th Legislature — Regular Session 58th Day

HB 2882 to Committee on Jurisprudence.

HB 2912 to Committee on Natural Resources.

HB 2922 to Committee on State Affairs.

HB 2923 to Committee on State Affairs.

HB 2947 to Committee on Natural Resources.

HB 2959 to Committee on Natural Resources.

HB 2994 to Committee on Natural Resources.

HB 3028 to Committee on Education.

HB 3034 to Committee on Natural Resources.

HB 3037 to Committee on Natural Resources.

HB 3055 to Committee on Intergovernmental Relations.

HB 3069 to Committee on State Affairs.

HB 3096 to Committee on Natural Resources.

HB 3132 to Committee on Intergovernmental Relations.

HB 3134 to Committee on Jurisprudence.

HB 3150 to Committee on Intergovernmental Relations.

HB 3159 to Committee on Natural Resources.

HB 3161 to Committee on Intergovernmental Relations.

HB 3172 to Committee on Intergovernmental Relations.

HB 3174 to Committee on Jurisprudence.

HB 3191 to Committee on Intergovernmental Relations.

HB 3229 to Committee on Intergovernmental Relations.

HB 3243 to Committee on Natural Resources.

HB 3286 to Committee on Natural Resources.

HB 3298 to Committee on Intergovernmental Relations.

HB 3315 to Committee on Natural Resources.

HB 3356 to Committee on Jurisprudence.

HB 3357 to Committee on Business and Commerce.

HB 3365 to Committee on Health and Human Services.

HB 3403 to Committee on Jurisprudence.

HB 3415 to Committee on Natural Resources.

HB 3484 to Committee on State Affairs.

HB 3544 to Committee on Natural Resources.

HB 3556 to Committee on Health and Human Services.

HB 3589 to Committee on Business and Commerce.

HB 3591 to Committee on Business and Commerce.

HB 3626 to Committee on Natural Resources.

HB 3635 to Committee on Natural Resources.

HB 3636 to Committee on Natural Resources.

HCR 8 to Committee on Health and Human Services.

HCR 38 to Committee on Administration.

HCR 74 to Committee on Administration.

HCR 98 to Committee on Natural Resources.

HCR 104 to Committee on Jurisprudence.

HCR 176 to Committee on Veteran Affairs and Military Installations.

HCR 181 to Committee on Administration.

HCR 186 to Committee on State Affairs.

Tuesday, April 24, 2001

SENATE JOURNAL

HCR 192 to Committee on Administration.

HCR 197 to Committee on Administration.

HCR 210 to Committee on State Affairs.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolution

SR 800 by Shapiro, In memory of Ann Loeb Sikora of Dallas.

Congratulatory Resolutions

SR 801 by Nelson, Congratulating Troy Aikman of the Dallas Cowboys.

SR 802 by Ellis, Congratulating Marshall Tyndall of Houston.

SR 803 by Ellis, Commending the members of Kujichagulia.

SR 804 by Moncrief, Commending Big Brothers Big Sisters of Tarrant County.

SR 806 by Cain, Congratulating Crystal Mori of Rockwall.

SR 807 by Cain, Congratulating Jessica Parsley of Greenville.

SR 808 by Cain, Congratulating Susan Naizer of Commerce.

SR 809 by Cain, Congratulating Rachel Molberg of Dallas.

SR 810 by Cain, Congratulating Ashley Sheahan of Dallas.

SR 811 by Cain, Congratulating Amy Scott of Dallas.

SR 812 by Cain, Congratulating Kristin Warren of Tyler.

SR 813 by Cain, Congratulating James R. Thompson.

ADJOURNMENT

Pursuant to a previously adopted motion, the Senate at 1:50 p.m. adjourned, in memory of the lives of Nell Myers of Austin and Wade F. Spilman of Austin, until 10:00 a.m. tomorrow.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

April 24, 2001

NATURAL RESOURCES — SB 1802

FINANCE — SJR 49, CSSB 248, SB 1515, SB 1689, SB 1690, HB 244

77th Legislature — Regular Session 58th Day

BUSINESS AND COMMERCE — CSSB 851, CSSB 957, CSSB 980, CSSB 1116, CSSB 1284, CSSB 1581, CSSB 1707, CSSB 1793, SB 1653, SB 1654

STATE AFFAIRS — HB 1679, HB 1737

NATURAL RESOURCES — SB 934

BUSINESS AND COMMERCE — CSSB 681, CSSB 1516

FINANCE — CSSB 86, CSSB 174, CSSB 344, SB 529 (Amended), SB 857 (Amended), CSSB 982, CSSB 1114, CSSB 1173, CSSB 1377, CSSB 1378, CSSB 1379, CSSB 1520, SB 1678 (Amended), CSSJR 6

VETERAN AFFAIRS AND MILITARY INSTALLATIONS — HB 271, HCR 201, HCR 119, HCR 11

JURISPRUDENCE — SB 1434, CSSB 1436, CSSB 1621, HB 62, HB 317, HB 898, HB 997, HB 1632, HB 1634, HB 1790, HB 1979, HB 2275, HB 2428

HEALTH AND HUMAN SERVICES — CSSB 1002, CSHB 966, CSHB 1178

JURISPRUDENCE — CSHB 1132

SENT TO GOVERNOR

April 24, 2001

SB 181, SB 479, SB 481, SB 509, SB 611, SB 627, SB 628, SB 640, SB 738, SB 774, SB 797, SB 831, SB 835, SB 989, SCR 12, SCR 20

Tuesday, April 24, 2001

SENATE JOURNAL

In Memory

of

Nell Myers

Senator Barrientos offered the following resolution:

(Senate Resolution 756)

WHEREAS, The Senate of the State of Texas joins the citizens of Austin and Texans across the state in mourning the loss of Nell Myers, who died September 26, 2000, at the age of 75; and

WHEREAS, A well-known leading Texas citizen, Nell Myers was a champion for victims' rights and was the founder of People Against Violent Crime, the organization she established following the 1979 murder of her daughter, Cydney Myers; and

WHEREAS, After the tragic loss of Cydney, Nell Myers turned her grief and anger into a life of dedication and support to crime victims across the state; and

WHEREAS, Through People Against Violent Crime, she assisted victims and their families by informing them of their rights and attending trials and courtroom procedures; she worked with legislative, executive, and judicial branches of the government, as well as other organizations to find solutions to violent crime; along with the help of Travis County District Attorney Ronnie Earle, she drafted what became the 1985 Crime Victims' Bill of Rights; and

WHEREAS, The Crime Victims' Bill of Rights allows victims of violent crime and their relatives to give impact statements before judges and the Board of Pardons and Paroles about the devastating effects of crimes; it also requires that victims be notified of parole proceedings for their offenders; and

WHEREAS, Nell played a major role in ensuring the ratification of a state constitutional amendment that secured a fund in the State Treasury for the sole use of victims of violent crime; and

WHEREAS, An exemplary and distinguished lady, Nell Myers was highly respected for her many accomplishments, her leadership, and her tireless efforts on behalf of crime victims; she was honored for her work by President Bill Clinton at a White House reception in 1994; and

WHEREAS, A woman of integrity, strength, compassion, and generosity, she gave unselfishly of her time to others, and her wisdom, warmth, and valued counsel will not be forgotten by those who knew her; and

WHEREAS, Nell Myers was devoted to her late husband, Fred Myers, and to her daughters, and she leaves behind memories that will be treasured forever by her family and many friends; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby extend sincere condolences to the bereaved family of Nell Myers: her daughter, Whitney Myers; her sisters and brothers; and her nieces and nephews; and, be it further

77th Legislature — Regular Session 58th Day

RESOLVED, That a copy of this Resolution be prepared for the members of 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 Nell Myers.

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 family members of Nell Myers: her daughter, Whitney Myers, and her sister, Helen Kelm.

The Senate welcomed its guests and extended its sympathy.

Tuesday, April 24, 2001

SENATE JOURNAL

In Memory

of

Wade F. Spilman

Senator Barrientos offered the following resolution:

(Senate Resolution 805)

WHEREAS, The passing of the Honorable Wade F. Spilman, a former member of the Texas House of Representatives, on September 5, 2000, at the age of 75, brought a great loss to the family, friends, and colleagues of this distinguished gentleman; and

WHEREAS, Born in Mission, Texas, on October 12, 1924, Mr. Spilman was a graduate of Mission High School and earned bachelor's and law degrees from The University of Texas at Austin, where he lettered in tennis and was a member of the Texas Cowboys and Sigma Nu fraternity; and

WHEREAS, This esteemed gentleman proudly served his country during World War II as an infantry staff sergeant in the United States Army, fighting in the Battle of the Bulge; he demonstrated immense fortitude and perseverance while surviving as a prisoner of war in Germany, for which he was awarded the prestigious Purple Heart; and

WHEREAS, In addition to being a successful lawyer and district attorney in Hidalgo County for many years, Mr. Spilman represented that region in the Texas Legislature from 1955 to 1962; his exemplary tenure in the Texas House of Representatives was one marked by dedication and integrity and included serving as chairman of the Judiciary Committee and leading several high-profile investigations of fraud and corruption; and

WHEREAS, Following his legislative service, Mr. Spilman and his family moved to Austin, where he was the longtime managing partner of the law firm McGinnis, Lochridge & Kilgore; this respected attorney specialized in regulatory and administrative law and represented clients before the State Board of Insurance, the Texas Alcoholic Beverage Commission, and the Texas Legislature; and

WHEREAS, The many noteworthy civic and professional organizations of which he was a member include the Texas, Travis County, and American bar associations, the Texas Civil Judicial Council, the McAllen Junior Chamber of Commerce, the State Junior Bar Association, the McAllen Citizens' League, the Hidalgo-Starr Counties Draft Board, and the Austin Young Men's Christian Association; he served as chairman of the McAllen United Fund Drive and was an energetic and enthusiastic Boy Scout leader and Little League coach; and

WHEREAS, A loving husband, father, and grandfather, Mr. Spilman derived immeasurable strength throughout the years from his close-knit family; moreover, he counted many notable Texans as his closest companions, including Dallas Cowboys coach Tom Landry, who was best

77th Legislature — Regular Session 58th Day

man in his wedding, Lieutenant Governor Bob Bullock, Texas Speaker of the House Byron Tunnell, Texas House and Senate parliamentarian Robert E. Johnson, who served with him in the Texas House during the 55th-57th sessions, and Joe Kilgore, United States congressman and law partner; and

WHEREAS, Although Wade Spilman is gone from us now, his spirit continues to dwell in the hearts and minds of the many people who held him dear, and it is indeed appropriate to honor the memory of this estimable Texan at this time; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby pay tribute to the life of the Honorable Wade F. Spilman and extend sincere condolences to the members of his family: his wife, Arlette Fowler Spilman; his three children, Holli, Steve, and Tom and his wife, Jane Ann; his four grandchildren, Virginia, Jack, Spencer, and Trent; and his many other relatives and friends; and, be it further

RESOLVED, That an official copy of this Resolution be prepared for the members of his 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 Wade F. Spilman.

The resolution was read.

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

On motion of Senator Barrientos and by unanimous consent, the resolution was adopted by a rising vote of the Senate.

Senator Barrientos was recognized and introduced to the Senate family members of Wade Spilman: his wife, Arlette Spilman; his daughter, Holli Spilman; his son, Tom Spilman; his granddaughter, Virginia Speigler; his daughter-in-law, Jane Ann Spilman; his grandsons, Spencer Wade Spilman and Trent Lee Spilman; and his nephew, Ed Spaceck.

The Senate welcomed its guests and extended its sympathy.