Wednesday, April 4, 2001

SENATE JOURNAL

FORTY-EIGHTH DAY

Wednesday, April 4, 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, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini, Mr. President.

Absent-excused: Brown.

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

The Reverend Philip Jones, Pro Cathedral Episcopal Church of Saint Clement, El Paso, offered the invocation as follows:

Almighty God, there are three great questions of human life: Where do we come from? What went wrong? And what can we do about it?

Because You, O God, have created us in Your image and given us this world of which we are to be stewards, then we are called to work for justice and peace among all people of this land and respect the dignity of every human being from the womb to the tomb. Because we are all made in Your image, help us protect the vulnerable, the poor, and the oppressed, and that the rich and powerful will always be humbled by the acknowledgement of their dependence on You. Help us to protect and use wisely the natural resources of our great state for the future generations.

Lord, what's gone wrong? Why must we pass laws to protect us from violence, discord, and confusion around us? We must, of course, pass laws and regulations that protect us from abusive power, overreaching, and violence. Help us to see that in every human heart there is the desire to rebel against Your holy laws and to focus only on self-interest. In many traditions this is called sin, and we ask Your forgiveness, individually and collectively, for our constant rebellion against You.

What can we do about our situation? We have been blessed with the talent and wisdom of this great body gathered together that can put laws on the books for us to observe. But help us as a people also to allow You to write Your law on our hearts; that by the work of Your holy spirit, our hearts may have a desire to please You who seeks to rescue us from our sin.

Your love, O God, is the foundation of this world. May we always look forward in hope, faith, and love as our hearts are transformed by a living relationship with You. May we bless You with our obedience and

77th Legislature — Regular Session 48th Day

ask Your blessing upon this legislature, their actions, our courts of justice, our Governor, and all elected officials. Give these the spirit of wisdom to whom in Your name we entrust the authority of this government. Finally, in the time of prosperity, fill our hearts with thankfulness, and, in the day of trouble, suffer not our trust in Thee to fail. We ask this in the name of the God of the old covenant and the new covenant, who was and is and ever shall be, world without end. 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 Wentworth, Senator Brown was granted leave of absence for today on account of a death in the family.

CO-AUTHOR OF SENATE BILL 7

On motion of Senator Ellis and by unanimous consent, Senator Lucio will be shown as Co-author of SB 7.

CO-AUTHOR OF SENATE BILL 885

On motion of Senator Lucio and by unanimous consent, Senator Truan will be shown as Co-author of SB 885.

CO-AUTHOR OF SENATE BILL 908

On motion of Senator Shapleigh and by unanimous consent, Senator Nelson will be shown as Co-author of SB 908.

CO-AUTHOR OF SENATE BILL 1023

On motion of Senator Brown and by unanimous consent, Senator Van de Putte will be shown as Co-author of SB 1023.

CO-AUTHOR OF SENATE BILL 1176

On motion of Senator Gallegos and by unanimous consent, Senator Whitmire will be shown as Co-author of SB 1176.

CO-AUTHOR OF SENATE BILL 1179

On motion of Senator Gallegos and by unanimous consent, Senator Whitmire will be shown as Co-author of SB 1179.

CO-AUTHOR OF SENATE BILL 1456

On motion of Senator Lucio and by unanimous consent, Senator Truan will be shown as Co-author of SB 1456.

CO-AUTHOR OF SENATE BILL 1556

On motion of Senator Shapleigh and by unanimous consent, Senator Truan will be shown as Co-author of SB 1556.

CO-AUTHOR OF SENATE BILL 1693

On motion of Senator Gallegos and by unanimous consent, Senator Whitmire will be shown as Co-author of SB 1693.

Wednesday, April 4, 2001

SENATE JOURNAL

CO-AUTHOR OF SENATE JOINT RESOLUTION 35

On motion of Senator Wentworth and by unanimous consent, Senator Staples will be shown as Co-author of SJR 35.

PERMISSION TO INTRODUCE BILLS AND RESOLUTION

Senator Truan moved to suspend Senate Rule 7.07(b) and Section 5, Article III of the Texas Constitution to permit the introduction of the following bills and resolution: SB 1791, SB 1792, SJR 51.

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

Present-not voting: Mr. President.

Absent-excused: Brown.

SENATE BILLS AND RESOLUTION ON FIRST READING

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

SB 9 by Duncan

Relating to the powers, duties, and board of managers of the Reagan Hospital District of Reagan County, Texas. (Local bill)

To Committee on Intergovernmental Relations.

SB 1791 by Bivins

Relating to the creation, funding, and operation of a teachers' housing assistance program.

To Committee on Education.

SB 1792 by Ogden

Relating to the Natural Gas Policy Act application fee.

To Committee on Natural Resources.

SJR 51 by Bivins

Proposing a constitutional amendment relating to the creation of the teachers' housing assistance program and the teachers' housing assistance fund; authorizing the issuance of bonds.

To Committee on Education.

MESSAGE FROM THE GOVERNOR

The following Message from the Governor was read and was filed with the Secretary of the Senate:

Austin, Texas

April 3, 2001

OFFICIAL MEMORANDUM

STATE OF TEXAS

OFFICE OF THE GOVERNOR

TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE SEVENTY-SEVENTH TEXAS LEGISLATURE, REGULAR SESSION:

Pursuant to Article III, Section 5, of the Texas Constitution and in accordance with Rule 8, Section 22, of the House of Representatives Rules of Procedure, I,

77th Legislature — Regular Session 48th Day

Rick Perry, Governor of the State of Texas, submit the following emergency matter for immediate consideration by the 77th Legislature, now convened:

HB 1333, committee substitute, by Junell, as printed and distributed in the House of Representatives on March 29, 2001 as herewith attached.

Respectfully submitted,

/s/Rick Perry

Governor

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 4, 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 533, Relating to the wages paid to certain employees.

HB 906, Relating to the continuation and functions of the Coastal Coordination Council.

HB 946, Relating to character education programs in public schools.

HB 1059, Relating to state symbols and place designations adopted by the legislature.

HB 1245, Relating to the relationship between separate and community property during a marriage.

HB 1430, Relating to providing for the automatic expiration of the rules of an abolished state agency and for the repeal of invalid rules.

HB 1515, Relating to the recovery of damages by a parent, managing conservator, or guardian in a suit brought by a person who was younger than 18 at the time the cause of action accrued.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

SESSION TO CONSIDER EXECUTIVE APPOINTMENTS

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

Wednesday, April 4, 2001

SENATE JOURNAL

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

The President asked if there were requests to sever nominees.

There were no requests offered.

NOMINEES CONFIRMED

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

Present-not voting: Mr. President.

Absent-excused: Brown.

Members, Texas Board on Aging: Ronald Brandon, Williamson County; Ben E. Dickerson, Ph.D., McLennan County; Nancy Lee Lund, Bowie County; Richard Earl Tankerson, Bexar County; Nelda P. Wray, M.D., M.P.H., Harris County; T. L. Mitchell, M.D., Dallas County.

Chair, Texas Health Care Information Council: Lewis E. Foxall, M.D., Harris County.

Members, Texas Health Care Information Council: Candus Ater, Bell County; Jacinto Pablo Juarez, Ph.D., Webb County; Ruben D. Martinez, M.D., Cameron County; Karl W. Swann, M.D., Bexar County; Verna Thomas-Melton, Dallas County.

Members, Texas Board of Human Services: Jon M. Bradley, Dallas County; John A. Cuellar, Dallas County; Manson B. Johnson, Harris County; Teresa D. Wilkinson, Midland County.

Member, Lower Colorado River Authority Board of Directors: Robert W. Lambert, Llano County.

Members, Central Colorado River Authority Board of Directors: Alice B. Hemphill, Coleman County; John S. Hensley, Coleman County; Ben J. Scott, Coleman County.

Members, Texas State Board of Acupuncture Examiners: Pedro V. Garcia, Jr., Lubbock County; Meng-sheng Linda Lin, Collin County; Marshall D. Voris, Ph.D., Ed.D., Nueces County.

Members, Texas Department of Housing and Community Affairs Board: Vidal Gonzalez, Val Verde County; Shadrick Bogany, Fort Bend County.

Members, Advisory Board of Athletic Trainers: T. Ross Bailey, Tarrant County; Elicia Leal, Collin County.

Member, Texas State Board of Examiners of Marriage and Family Therapists: Brenda B. VanAmburgh, Ph.D., Tarrant County.

Member, Nursing Facility Administrators Advisory Committee: Sylvia Acosta, Williamson County.

Members, Texas Board of Occupational Therapy Examiners: Judith E. Bowen, Hidalgo County; Joseph A. Messmer, Nueces County; Windi Morris-Fuller, Mitchell County.

77th Legislature — Regular Session 48th Day

Member, Board of Vocational Nurse Examiners: Joyce M. Adams, Ph.D., R.N., Harris County.

Members, Nueces River Authority Board of Directors: Steve G. Beever, Frio County; Ernest R. Garza, C.P.A., Nueces County; Beth Reavis Knolle, Jim Wells County; Homero Jaime Saenz, Dimmit County; J. R. Schneider, Live Oak County; Roxana Proctor Tom, Atascosa County; Leroy B. "Pete" Vaden, Jr., D.V.M., Uvalde County.

Members, Sulphur River Basin Authority Board of Directors: James Richard "Dick" Goodman, Red River County; Judy Wicker Lee, Titus County.

Members, On-site Wastewater Treatment Research Council: Therese M. Baer, P.E., Travis County; Barry D. Bedwell, Randall County; Karen S. Berryman, Travis County; John Robert Blount, Harris County; Franz K. Hiebert, Ph.D., Travis County; Lois Jordan Koock, Mason County; Teri Hada Mathis, Fort Bend County; Danny Ray Moss, Tarrant County; Charles Montel Rutledge, Brazos County; Cynthia D. Williams, Ector County.

(Senator Carona in Chair)

GUESTS PRESENTED

Senator Van de Putte was recognized and introduced to the Senate a delegation from the AVANCE Family Support and Education Program, accompanied by Yami Camacho.

The Senate welcomed its guests.

(President in Chair)

GUESTS PRESENTED

Senator Zaffirini was recognized and introduced to the Senate a group of students from the Poteet Independent School District, accompanied by Betty Pirhala and Barbara Crockett, sponsors; Butch Tudyk, coach and sponsor; and Sandra Whiteker, Poteet Independent School District Superintendent.

The Senate welcomed its guests.

GUEST PRESENTED

The President introduced to the Senate Attorney General John Cornyn.

The Senate welcomed Mr. Cornyn.

SENATE RESOLUTION 637

Senator Ellis offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pleasure in recognizing Dr. Saleh M. Shenaq of Houston for his magnificent contributions to the field of medicine; and

WHEREAS, Born on June 7, 1948, Dr. Shenaq is a graduate of Cairo University, Kasr el Aini School of Medicine, where he received his medical degree in 1972; and

WHEREAS, Dr. Shenaq followed a distinguished academic career path with a prestigious surgery residency in plastic and reconstructive surgery at the University of

Wednesday, April 4, 2001

SENATE JOURNAL

Pittsburgh School of Medicine and was selected for a Hand and Microsurgery Fellowship at the University of Louisville, Kentucky; and

WHEREAS, Saleh M. Shenaq is married to another talented physician, Dr. Salwa Shenaq, who is an Associate Professor at the Baylor College of Medicine and Chief of Anesthesiology at the Veterans Affairs Medical Center; they are the proud parents of three children, Deana, Amir, and Farris; and

WHEREAS, Since 1996, Dr. Shenaq has held the position of Professor and Chief of Surgery of the Michael E. DeBakey Department of Surgery Division of Plastic Surgery at Baylor College of Medicine; and

WHEREAS, A respected physician, Dr. Shenaq holds academic appointments at several Baylor College of Medicine affiliated hospitals including Ben Taub General Hospital, the Methodist Hospital, Saint Luke's Episcopal Hospital, the Institute for Rehabilitation and Research, and Texas Childrens' Hospital; and

WHEREAS, The winner of many honors and awards, Dr. Shenaq was selected as one of the Best Doctors in America for 1994-1995 and 1996-1997; he won the Physicians for Peace Recognition Award in 1998 and in 2000 was selected as one of the "Top Doctors in Houston" by Inside Houston magazine; and

WHEREAS, Dr. Shenaq has served on editorial boards of the Journal of Reconstructive Microsurgery, the Video Journal of Plastic Surgery, and the Internet Journal of Plastic Surgery; and

WHEREAS, Acknowledged as a leader in his field, Dr. Shenaq has held many short-term visiting professorships, sharing his considerable talent through teaching; he has also served as vice president and president of the American Society for Reconstructive Microsurgery and as president of the Houston Society of Plastic Surgeons; and

WHEREAS, A dedicated community supporter, Dr. Shenaq has participated as a civic leader through memberships in the Rotary Club of Houston, the Limbs of Love Foundation, and the Texas Heart Transplant Foundation; and

WHEREAS, The career of service of Dr. Saleh M. Shenaq has enhanced the medical care available in the Houston metropolitan area, and his leadership in the field of surgery is truly worthy of recognition; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby congratulate Dr. Saleh M. Shenaq for his manifold achievements and contributions to his field; and, be it further

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

ELLIS

TRUAN

The resolution was again read.

The resolution was previously adopted on Monday, April 2, 2001.

GUESTS PRESENTED

Senator Ellis, joined by Senator Truan, was recognized and introduced to the Senate Dr. Saleh M. Shenaq, his wife, Dr. Salwa Shenaq, and Dr. Arturo Armenta.

The Senate welcomed its guests.

77th Legislature — Regular Session 48th Day

PHYSICIAN OF THE DAY

Senator Jackson was recognized and presented Dr. Warren Longmire of Hitchcock as the Physician of the Day.

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

RESOLUTIONS SIGNED

The President announced the signing of the following enrolled resolutions in the presence of the Senate: HCR 182, HCR 188.

GUESTS PRESENTED

Senator West, joined by Senators Cain, Haywood, and Nelson, was recognized and introduced to the Senate a group of students who are recipients of the Tuition Equalization Grant program and faculty from Dallas Baptist University, Southwestern Assemblies of God University in Waxahachie, and Austin College in Grayson County.

The Senate welcomed its guests.

CONCLUSION OF MORNING CALL

The President at 10:25 a.m. announced the conclusion of morning call.

HOUSE BILL 656 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:

HB 656, Relating to the statute of limitations for purposes of prosecuting certain felony sex offenses.

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

SENATE BILL 450 ON THIRD READING

Senator Duncan asked unanimous consent to suspend the regular order of business to take up for consideration at this time on its third reading and final passage:

SB 450, Relating to the computation of average daily attendance in certain school districts that experience a decline in attendance.

There was objection.

Senator Duncan then moved to suspend the regular order of business and take up SB 450 for consideration at this time.

The motion prevailed by the following vote: Yeas 22, Nays 6, Present-not voting 1.

Wednesday, April 4, 2001

SENATE JOURNAL

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

Nays: Barrientos, Gallegos, Harris, Shapleigh, Truan, Whitmire.

Present-not voting: Mr. President.

Absent: Lucio.

Absent-excused: Brown.

The bill was read third time.

Senator Duncan offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 450 on third reading in SECTION 1 of the bill, in amended Section 42.005(b)(2), Education Code (Committee printing, page 1, line 19), between "(2)" and "an average", by inserting the following:

to the extent that funds are specifically appropriated for purposes of this subdivision,

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

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

SB 450 as amended was finally passed by a viva voce vote.

RECORD OF VOTES

Senators Barrientos, Gallegos, Harris, Shapleigh, Truan, and Whitmire asked to be recorded as voting "Nay" on the final passage of SB 450.

COMMITTEE SUBSTITUTE

SENATE BILL 555 ON SECOND READING

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

CSSB 555, Relating to a college savings plan for qualified higher education expenses.

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

COMMITTEE SUBSTITUTE

SENATE BILL 555 ON THIRD READING

Senator Ellis moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 555 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, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief,

77th Legislature — Regular Session 48th Day

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Brown.

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: Brown.

GUESTS PRESENTED

Senator Shapiro was recognized and introduced to the Senate a group of recipients of the Tuition Equalization Grant program from Southern Methodist University and The University of Texas at Dallas.

The Senate welcomed its guests.

SENATE BILL 1380 ON SECOND READING

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

SB 1380, Relating to the duration of the duty to register as a sex offender for persons convicted of or adjudicated for certain offenses.

The bill was read second time.

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 1380 as follows:

SECTION 1. Article 62.045(e), Code of Criminal Procedure, is amended to read as follows:

(e)  An owner, builder, seller, or lessor of a single family residential real property or any improvement to residential real property or that person's broker, salesperson, or other agent or representative in a residential real estate transaction does not have a [the owner's agent has no ] duty to make a disclosure to a prospective buyer or lessee [tenant ] about registrants under this chapter. To the extent of any conflict between this subsection and another law imposing a duty to disclose information about registered sex offenders, this subsection controls.

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

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

SB 1380 as amended was passed to engrossment by a viva voce vote.

Wednesday, April 4, 2001

SENATE JOURNAL

SENATE BILL 1380 ON THIRD READING

Senator Armbrister moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1380 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, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Brown.

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

(Senator Duncan in Chair)

GUEST PRESENTED

Senator Truan was recognized and introduced to the Senate the Mayor of Corpus Christi, Loyd Neal. Mayor Neal is also the President of the Texas Municipal League and a member of the Texas Strategic Military Planning Commission.

The Senate welcomed Mayor Neal.

COMMITTEE SUBSTITUTE

SENATE BILL 1205 ON SECOND READING

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

CSSB 1205, Relating to the exemption of certain courses of instruction from proprietary school certification.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1205 ON THIRD READING

Senator Jackson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1205 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, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief,

77th Legislature — Regular Session 48th Day

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Brown.

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

GUESTS PRESENTED

Senator Haywood was recognized and introduced to the Senate a group of students from Valley View High School in Valley View.

The Senate welcomed its guests.

COMMITTEE SUBSTITUTE

SENATE BILL 393 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 393, Relating to the Uniform Electronic Transactions Act and electronic records.

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

COMMITTEE SUBSTITUTE

SENATE BILL 393 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 393 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, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Brown.

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

Wednesday, April 4, 2001

SENATE JOURNAL

COMMITTEE SUBSTITUTE

SENATE BILL 1000 ON SECOND READING

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

CSSB 1000, Relating to the recognition of foreign adoptions and the issuance of a supplementary birth certificate.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1000 ON THIRD READING

Senator Jackson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1000 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, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Brown.

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

(President in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 580 ON SECOND READING

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

CSSB 580, Relating to local school health education advisory councils and to health education instruction in public schools.

There was objection.

Senator Van de Putte then moved to suspend the regular order of business and take up CSSB 580 for consideration at this time.

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

77th Legislature — Regular Session 48th Day

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

Nays: Ogden.

Present-not voting: Mr. President.

Absent: Fraser, Lindsay, Nelson, Wentworth.

Absent-excused: Brown.

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

COMMITTEE SUBSTITUTE

SENATE BILL 580 ON THIRD READING

Senator Van de Putte moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 580 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, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Ogden, Wentworth.

Present-not voting: Mr. President.

Absent-excused: Brown.

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

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

Nays: Ogden.

Present-not voting: Mr. President.

Absent-excused: Brown.

GUESTS PRESENTED

Senator Nelson was recognized and introduced to the Senate a group of students from Southlake who are members of the Southlake Youth Action Committee.

The Senate welcomed its guests.

Wednesday, April 4, 2001

SENATE JOURNAL

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 4, 2001

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

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

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HCR 36, Honoring Charles Coleman Winn for his philanthropy.

SB 746, Relating to an economic development program administered by the Texas Department of Agriculture.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

GUESTS PRESENTED

Senator Shapleigh was recognized and introduced to the Senate a group of students from Wiggs Middle School in El Paso.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Moncrief was recognized and introduced to the Senate a delegation of citizens from Tarrant County.

The Senate welcomed its guests.

(Senator Armbrister in Chair)

(President in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 1074 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:

CSSB 1074, Relating to the prevention of racial profiling by certain peace officers.

The bill was read second time.

Senator West offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1074, in SECTION 1 of the bill, between added Articles 2.135 and 2.136, Code of Criminal Procedure (Committee Printing, page 3, between lines 23 and 24), by inserting the following:

77th Legislature — Regular Session 48th Day

Art. 2.1351.  AVAILABILITY OF FUNDING OR EQUIPMENT. (a) Notwithstanding Articles 2.133 and 2.134, the provisions of those articles requiring respectively that peace officers report certain information and that law enforcement agencies compile, analyze, and submit reports on the basis of the reports submitted by peace officers are mandatory only during a state fiscal year in which:

(1)  the agency, for the purpose of equipping each agency law enforcement motor vehicle and motorcycle with video and audio equipment as described by Article 2.135(a)(1), receives from the state:

(A)  funds under an appropriation or under a grant or contract from a state agency; or

(B)  video and audio equipment; and

(2)  the comptroller of public accounts certifies to the secretary of state for publication in the Texas Register that the funds or the equipment, as appropriate, are sufficient for the agency to accomplish that purpose.

(b)  Subsection (a) does not prohibit the governing body of a political subdivision served by a law enforcement agency from requiring or permitting the agency and officers employed by the agency to perform the duties enumerated in Articles 2.133 and 2.134.

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

Senator West offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 1074, in SECTION 1 of the bill, as follows:

(1)  In added Article 2.132(c), Code of Criminal Procedure (Committee Printing, page 1, line 57), strike "voice-activated microphone equipment" and substitute "transmitter-activated equipment".

(2)  In added Article 2.132(c), Code of Criminal Procedure (Committee Printing, page 1, line 59), strike "voice-activated microphone equipment" and substitute "transmitter-activated equipment".

(3)  In added Article 2.135(a), Code of Criminal Procedure (Committee Printing, page 3, lines 4-5), strike "voice-activated microphone equipment" and substitute "transmitter-activated equipment".

(4)  In added Article 2.135(a), Code of Criminal Procedure (Committee Printing, page 3, lines 6-7), strike "voice-activated microphone equipment" and substitute "transmitter-activated equipment".

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

Senator Duncan offered the following amendment to the bill:

Floor Amendment No. 3

Amend CSSB 1074 as follows:

1. Amend SECTION 1, Art. 2.132(b) by striking subsection (7) in its entirety and renumber accordingly.

2. Amend SECTION 1, Art. 2.132(b)(8) by striking the word "analyzed" (Committee Printing, page 1, line 54) and replacing it with "collected" and striking subsection "(7)" (Committee Printing, page 1, line 54) and replacing it with "(6)".

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SENATE JOURNAL

3. Amend SECTION 1, Art. 2.132 by adding a new subsection (8) to read as follows:

(8) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling.

4. Amend SECTION 1, Art. 2.134 by adding a new subsection (e) to read as follows:

(e) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling.

5. Amend SECTION 1, Art. 2.135 by amending subsection (c) by striking ", analysis," (Committee Printing page 3, line 22).

The amendment was read was adopted by the following vote: Yeas 28, Nays 1, Present-not voting 1.

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

Nays: Gallegos.

Present-not voting: Mr. President.

Absent-excused: Brown.

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

CSSB 1074 as amended was passed to engrossment by the following vote: Yeas 26, Nays 2, Present-not voting 1.

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

Nays: Lindsay, Nelson.

Present-not voting: Mr. President.

Absent: Shapiro.

Absent-excused: Brown.

COMMITTEE SUBSTITUTE

SENATE BILL 1074 ON THIRD READING

Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1074 be placed on its third reading and final passage.

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

77th Legislature — Regular Session 48th Day

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

Nays: Lindsay, Nelson, Wentworth.

Present-not voting: Mr. President.

Absent-excused: Brown.

The bill was read third time and was passed by the following vote: Yeas 28, Nays 2.

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

Nays: Lindsay, Nelson.

Absent-excused: Brown.

COMMITTEE SUBSTITUTE

SENATE CONCURRENT RESOLUTION 12

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:

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

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

GUESTS PRESENTED

Senator Madla was recognized and introduced to the Senate a delegation of citizens from Eagle Pass.

The Senate welcomed its guests.

COMMITTEE SUBSTITUTE

SENATE BILL 812 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 812, Relating to establishing a demonstration project to expand access to women's health care services.

The bill was read second time.

Wednesday, April 4, 2001

SENATE JOURNAL

(Senator Cain in Chair)

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 812 as follows:

In Section 1 of the bill delete Subsection (d) and reletter subsequent subsections.

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

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 812 as follows:

(1) In SECTION 1 of the bill, in proposed Section 32.0247, Human Resources Code, strike Subsection (g) (Committee Printing, on page 1, line 64) and substitute the following:

(g) Notwithstanding Subsection (b), an unmarried woman who is younger than 18 years of age may not participate in the demonstration project unless:

(1) the woman meets the requirements of Subsection (b); and

(2) the woman has the permission of her parent or guardian.

(h) This section expires September 1, 2006.

(2) Insert a new SECTION 3 of the bill (Committee Printing, page 2, between lines 7 and 8) to read as follows, and renumber the existing SECTION 3 as SECTION 4:

SECTION 3. Notwithstanding any other provision of this Act, if a waiver or authorization required for implementation of the demonstration project established by Section 32.0247, Human Resources Code, as added by this Act, is denied by the Health Care Financing Administration or other appropriate entities solely because of the requirement in Subsection (g) of Section 32.0247, Human Resources Code, as added by this Act, then the state agency responsible for implementing the demonstration project is not required to implement that provision.

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

RECORD OF VOTES

Senators Gallegos and Wentworth asked to be recorded as voting "Nay" on the adoption of Floor Amendment No. 2.

Senator Nelson offered the following amendment to the bill:

Floor Amendment No. 3

Amend CSSB 812, in SECTION 1 of the bill, by striking Subsection (g) of proposed Section 32.0247, Human Resources Code (Committee Printing, page 1, line 64), and substituting the following:

(g)  The department shall ensure that money under the demonstration project established by this section may not be used for an abortion as that term is defined by Section 245.002, Health and Safety Code.

(h)  This section expires September 1, 2006.

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

77th Legislature — Regular Session 48th Day

RECORD OF VOTE

Senator Gallegos asked to be recorded as voting "Nay" on the adoption of Floor Amendment No. 3.

Senator Sibley offered the following amendment to the bill:

Floor Amendment No. 4

(1) Amend CSSB 812, Committee Printing, by adding the following new section, appropriately numbered, and renumbering the subsequent sections accordingly.

SECTION . Subchapter B, Chapter 32, Human Resources Code, is amended by adding Section 32.0248 to read as follows:

Sec. 32.0248. WAIVER EVALUATION. Before December 1 of each year, the department shall prepare a report, including an assessment of effectiveness, on the services provided and conditions diagnosed during the preceding fiscal year under section 32.0247. The commissioner shall select a panel of physicians who have experience in but are not providers of family planning services under this chapter to assess the effectiveness of the services under the demonstration project and provide recommendations for improvement.

(2) Amend CSSB 812, Committee Printing, by adding the following new section, appropriately numbered, and renumbering the subsequent sections accordingly.

SECTION . Notwithstanding any other provision of this Act, if a waiver or authorization required for implementation of the demonstration project established by Section 32.0247, Human Resources Code, as added by this Act, is denied by the Health Care Financing Administration or other appropriate entities solely because of the requirement in Section 32.0248, Human Resources Code, as added by this Act, then the state agency responsible for implementing the demonstration project is not required to implement that provision.

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

RECORD OF VOTE

Senator Wentworth asked to be recorded as voting "Nay" on the adoption of Floor Amendment No. 4.

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

CSSB 812 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 812 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 812 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, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief,

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SENATE JOURNAL

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Brown.

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: Brown.

SENATE BILL 975 ON SECOND READING

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

SB 975, Relating to electronic courses in public schools.

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

Present-not voting: Mr. President.

Absent-excused: Brown.

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

SENATE BILL 975 ON THIRD READING

Senator Shapleigh moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 975 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, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Brown.

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: Brown.

77th Legislature — Regular Session 48th Day

SENATE BILL 924 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 924, Relating to a uniform strategy to ensure that public institutions of higher education employ faculty and staff who reflect the population of Texas.

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

RECORD OF VOTES

Senators Haywood, Jackson, Nelson, Ogden, and Shapiro asked to be recorded as voting "Nay" on the passage of SB 924 to engrossment.

SENATE BILL 924 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 924 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 24, Nays 5, Present-not voting 1.

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

Nays: Haywood, Nelson, Ogden, Shapiro, Wentworth.

Present-not voting: Mr. President.

Absent-excused: Brown.

The bill was read third time and was passed by the following vote: Yeas 24, Nays 5, Present-not voting 1.

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

Nays: Haywood, Jackson, Nelson, Ogden, Shapiro.

Present-not voting: Mr. President.

Absent-excused: Brown.

COMMITTEE SUBSTITUTE

SENATE BILL 601 ON SECOND READING

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

CSSB 601, Relating to certain investments and rate reductions by insurance companies and related organizations; providing an administrative penalty.

There was objection.

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SENATE JOURNAL

Senator Carona then moved to suspend the regular order of business and take up CSSB 601 for consideration at this time.

The motion prevailed by the following vote:  Yeas 22, Nays 3, Present-not voting 2.

Yeas: Armbrister, Barrientos, Bivins, Carona, Duncan, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Shapiro, Staples, Van de Putte, Wentworth, West, Whitmire, Zaffirini.

Nays: Ogden, Shapleigh, Truan.

Present-not voting: Ellis, Mr. President.

Absent: Bernsen, Cain, Sibley.

Absent-excused: Brown.

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

RECORD OF VOTES

Senator Truan asked to be recorded as voting "Nay" on the passage of CSSB 601 to engrossment.

Senator Ellis asked to be recorded as "Present-not voting" on the passage of CSSB 601 to engrossment.

COMMITTEE SUBSTITUTE

SENATE BILL 601 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 601 be placed on its third reading and final passage.

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

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

Nays: Ogden, Shapleigh, Truan, Wentworth.

Present-not voting: Ellis, Mr. President.

Absent-excused: Brown.

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

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

Nays: Ogden, Shapleigh, Truan.

Present-not voting: Ellis, Mr. President.

Absent-excused: Brown.

77th Legislature — Regular Session 48th Day

(President in Chair)

SENATE BILL 98 ON SECOND READING

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

SB 98, Relating to the regulation of certain automated systems used to dispense prescription drugs.

The bill was read second time.

Senator Van de Putte offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 98 as follows:

(1)  In SECTION 1 of the bill, in added Section 562.109(b), Occupations Code (Committee printing page 1, line 21), after "pharmacy." insert:

The pharmacist in charge of the Class A or Class C pharmacy is responsible for filling and loading the storage containers for medication stored in bulk at the facility.

(2)  Insert a new SECTION 2 of the bill (Committee printing page 1, between lines 37 and 38) to read as follows:

SECTION 2. (a) The Texas Department of Health shall study the costs and savings associated with the use of automated pharmacy systems, as defined by Section 562.109, Occupations Code, as added by this Act, including:

(1)  reimbursement methodologies on a per unit basis for the systems;

(2)  use rates for the systems;

(3)  the costs and benefits of drugs when using the systems; and

(4)  participation in the use of the systems by providers.

(b)  Not later than January 1, 2003, the department shall report the results of the study to:

(1)  the governor;

(2)  the lieutenant governor;

(3)  the speaker of the house of representatives;

(4)  the chair of the Senate Health and Human Services Committee; and

(5)  the chair of the House Public Health Committee.

(3)  Renumber the existing SECTIONS 2 and 3 of the bill as appropriate.

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

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

SB 98 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 98 ON THIRD READING

Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 98 be placed on its third reading and final passage.

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SENATE JOURNAL

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

Absent-excused: Brown.

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: Brown.

SENATE BILL 37 WITH HOUSE AMENDMENT

Senator Zaffirini called SB 37 from the President's table for consideration of the House amendment to the bill.

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

Amendment

Amend SB 37 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to establishing a temporary nursing facility license.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 242, Health and Safety Code, is amended by adding Section 242.0335 to read as follows:

Sec. 242.0335.  TEMPORARY CHANGE OF OWNERSHIP LICENSE. (a) For purposes of this section, a temporary change of ownership license is a temporary license issued to an applicant who proposes to become the new operator of an institution existing on the date the application is filed.

(b)  After receiving an application for a temporary change of ownership license, the department shall issue a temporary license to the applicant if, after investigation, the department finds that the applicant and any other person described by Section 242.032(d) meet:

(1)  the requirements established under Section 242.032(c); and

(2)  the department's standards for background and qualifications under Sections 242.032(d) and (e).

(c)  The department shall issue or deny a temporary license not later than the 30th day after the date of receipt of the completed application.

(d)  After the department issues a temporary change of ownership license to the applicant, the department shall conduct an inspection or survey of the nursing facility under Section 242.043 as soon as reasonably possible. During the period between the issuance of the temporary license and the inspection or survey of the nursing facility,

77th Legislature — Regular Session 48th Day

the department may not place a hold on vendor payments to the temporary license holder.

(e)  After conducting an inspection or survey under Subsection (d), the department shall issue a license under Section 242.033 to the temporary license holder if the nursing facility passes the inspection or survey and meets the requirements of Section 242.033. If the nursing facility fails to pass the inspection or survey or meet the requirements of Section 242.033, the department may:

(1)  place a hold on vendor payments to the temporary license holder; and

(2)  take any other action authorized under this chapter.

(f)  If the applicant meets the requirements of Section 242.033 and passes an initial inspection or a subsequent inspection before the temporary license expires, the license issued under Section 242.033 is considered effective on the date requested in the application for a temporary change of ownership.

(g)  A temporary license issued under Subsection (b) expires on the 91st day after the date the license was issued.

SECTION 2. This Act takes effect September 1, 2001. The change in law made by this Act applies only in relation to an application for a change of ownership license submitted on or after January 1, 2002. An application for a change of ownership license submitted before January 1, 2002, is governed by the law in effect immediately before September 1, 2001, and that law is continued in effect for that purpose.

The amendment was read.

On motion of Senator Zaffirini, the Senate concurred in the House amendment to SB 37 by a viva voce vote.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Bivins and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Education might consider SB 1735 today.

NOTICE GIVEN FOR

LOCAL AND UNCONTESTED CALENDAR

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

SENATE RULES SUSPENDED

(Posting Rules)

On motion of Senator West and by unanimous consent, Senate Rule 11.10 and Senate Rule 11.18 were suspended in order that the Committee on Jurisprudence might meet and consider SB 913 today.

MOTION TO ADJOURN

On motion of Senator Truan, the Senate at 12:55 p.m. agreed to adjourn, upon conclusion of the Local and Uncontested Calendar Session tomorrow, until 10:00 a.m. tomorrow.

Wednesday, April 4, 2001

SENATE JOURNAL

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

SR 651 by Haywood, In memory of Graham Ball of Wichita Falls.

SR 660 by Barrientos, In memory of Dr. Walter Lewis Pondrom, Jr., of Austin.

Welcome and Congratulatory Resolutions

SR 616 by Shapiro, Welcoming Chuck Norris to Austin.

SR 654 by Madla and Wentworth, Commending the D'Hanis Independent School District.

SR 655 by Cain, Congratulating Jacqueline Orr of Dallas.

SR 659 by West, Congratulating Walter Travis of Dallas.

SR 661 by Cain and Nelson, Congratulating Garnet Patterson of Waxahachie.

SR 662 by Moncrief, Congratulating Shirley Knox-Benton of Fort Worth.

SR 663 by Barrientos, Welcoming students from the University of Guanajuato School of Law in Mexico.

Designation Resolution

SR 653 by Haywood, Recognizing the Santa Rosa Palomino Club as Ambassadors on Horseback of the State of Texas.

RECESS

On motion of Senator Truan, the Senate at 12:55 p.m. recessed until 8:00 a.m. tomorrow for the Local and Uncontested Calendar Session.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

April 4, 2001

HEALTH AND HUMAN SERVICES — CSSB 833, CSSB 1767, CSSB 361, CSSB 1475

STATE AFFAIRS — HB 831, HJR 47, SB 497, CSSB 971, SB 1023, SB 1115, SB 1161, CSSB 1424, SB 1464, SB 1491

FINANCE — SJR 20, SB 983, CSSB 1060, SB 512, SB 1091

STATE AFFAIRS — CSSB 27