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	Monday, April 9, 2001 SENATE JOURNAL

	FIFTIETH DAY

	Monday, April 9, 2001

	PROCEEDINGS

	The Senate met at 10:00 a.m. pursuant to adjournment and was called to order by the President. The roll was called and the following Senators were present: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini, Mr. President. Absent-excused: Carona. The President announced that a quorum of the Senate was present. The Reverend Jerry D. Johnson, First Baptist Church, Liberty, offered the invocation as follows: Heavenly Father, we pause before the business of the day to thank You for the legacy of past blessings and the privilege of present relationships. We ask, O Lord: that You make us wise that we may know the right even in these times of moral and ethical confusion; that You make us strong that we may stand for those principles that have eternal consequence; that You make us compassionate that we may perceive the needs of the downtrodden and distressed; that You make us courageous that we will dare to embrace those tough decisions which will accomplish the greatest good in our world; and, above all, that You will give us the presence of Your spirit, which brings joy and the newness of life that only You can give. Amen. On motion of Senator Truan and by unanimous consent, the reading of the Journal of the proceedings of Thursday, April 5, 2001, was dispensed with and the Journal was approved. LEAVE OF ABSENCE On motion of Senator Wentworth, Senator Carona was granted leave of absence for today on account of a death in the family. CO-AUTHOR OF SENATE BILL 273 On motion of Senator Armbrister and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 273. CO-AUTHOR OF SENATE BILL 367 On motion of Senator Zaffirini and by unanimous consent, Senator Moncrief will be shown as Co-author of SB 367.



	77th Legislature — Regular Session 50th Day

	CO-AUTHOR OF SENATE BILL 908 On motion of Senator Shapleigh and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 908. CO-AUTHOR OF SENATE BILL 1051 On motion of Senator Shapleigh and by unanimous consent, Senator Madla will be shown as Co-author of SB 1051. CO-AUTHOR OF SENATE BILL 1766 On motion of Senator Bivins and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 1766. CO-AUTHORS OF SENATE JOINT RESOLUTION 35 On motion of Senator Wentworth and by unanimous consent, Senators Barrientos and Gallegos will be shown as Co-authors of SJR 35. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas April 9, 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 6, Relating to open-enrollment charter schools. HB 84, Relating to the offense of the unlawful possession of metal or body armor by a felon. HB 108, Relating to creating a recognition day in honor of education paraprofessionals. HB 467, Relating to the authority of the board of regents of Texas Woman's University to levy student fees for medical services. HB 472, Relating to the regulation of telemarketing solicitation; providing penalties. HB 489, Relating to the definition of a junked vehicle under the public nuisance law. HB 501, Relating to the board of managers and the budget of certain 9-1-1 service districts. HB 551, Relating to the authority of a cosmetologist to treat a person's mustache or beard. HB 617, Relating to the use of neighborhood associations in the enforcement of certain municipal health and safety ordinances.



	Monday, April 9, 2001 SENATE JOURNAL

	HB 666, Relating to prohibiting municipal regulation of water and wastewater facilities in the unincorporated area of certain counties. HB 689, Relating to the jurisdiction of statutory probate courts and to conforming procedures for transferring juvenile proceedings to certain courts. HB 772, Relating to the eligibility of certain offenders for medically recommended intensive supervision and the provision of facilities for those offenders. HB 834, Relating to sale of surplus or salvage state property. HB 842, Relating to the authority of less than the whole number of a jury to render a verdict in a felony case when a juror dies or becomes disabled. HB 858, Relating to the effect of a deed of conveyance of tax foreclosed property resold by a municipality for urban redevelopment purposes. HB 898, Relating to the administration of certain property of incapacitated persons, wards, and former wards. HB 923, Relating to the jurisdiction of a district court over proceedings concerning trusts. HB 1022, Relating to the recording of expenditures of revenue from the municipal hotel occupancy tax. HB 1098, Relating to the collection of taxes on printed materials distributed by mail. HB 1100, Relating to the presumption that certain vessels and other watercraft are located in this state only temporarily for ad valorem tax purposes. HB 1103, Relating to an action by the Texas Workforce Commission to collect certain debts of an acquired employer from the successor employer. HB 1333, Relating to making emergency appropriations. HB 1364, Relating to the funding of alternative dispute resolution systems. HB 1365, Relating to the establishment, modification, and enforcement of child support. HB 1393, Relating to the procedure for a refund of an overpayment or erroneous payment of ad valorem taxes. HB 1449, Relating to the expiration of the Property Redevelopment and Tax Abatement Act. HB 1460, Relating to use of certain terms by cemeteries. HB 1466, Relating to waiver of certain requirements for insurers who contract with municipalities. HB 1469, Relating to improvements to county roads and the assessment of costs by the commissioners courts of certain counties. HB 1476, Relating to the creation of an information link for state agencies with jurisdiction over environmental and natural resources matters.



	77th Legislature — Regular Session 50th Day

	HB 1478, Relating to the name, composition, and duties of the work group on children's long-term care and health programs. HB 1543, Relating to the sales and use tax imposed by municipal crime control and prevention districts. HB 1573, Relating to the establishment of a retirement system for officers and employees of certain municipalities and of the retirement system and the transfer of credit from one retirement system to the established system. HB 1723, Relating to the creation of a county employment development board in certain counties to develop programs for rural economic assistance for career training; authorizing a tax. HB 1863, Relating to the registration fee for dogs required by certain counties. HB 1881, Relating to the juvenile board of Kendall County. HB 1927, Relating to the installation of asbestos in public buildings; providing penalties. HB 1975, Relating to certain cemeteries operated by a nonprofit cemetery corporation. HB 1979, Relating to the creation of additional statutory county courts in El Paso County and to the administration, jurisdiction, and operation of statutory and district courts in that county. HB 1989, Relating to the authority of a judge of a statutory county court to hear certain alcoholic beverage permit or license applications. HB 2002, Relating to exempting the purchase of certain recreational services performed on county-owned land in certain counties from competitive bidding and competitive proposal procedures. HB 2158, Relating to the acceleration of the appeal in certain suits affecting the parent-child relationship. HB 2218, Relating to the amount of the international education fee charged at certain institutions of higher education. HB 2220, Relating to the authorized use of an unmarked vehicle by a municipal employee to conduct a fraud investigation. HB 2255, Relating to the continuation and functions of the State Securities Board; providing penalties. HB 2275, Relating to the attorney general providing certain child support enforcement information to the parties to a suit and to the public. HB 2297, Relating to the payment of municipal fees and fines by electronic means. HB 2299, Relating to communications between courts regarding simultaneous interstate child custody proceedings. HB 2304, Relating to removing the requirement for duplicate political reporting for candidates for federal office.



	Monday, April 9, 2001 SENATE JOURNAL

	HB 2314, Relating to the creation of the County Court at Law No. 2 of Denton County and to the jurisdiction of and certain procedure in that court. HB 2354, Relating to collecting and remitting commodity producers board assessments. HB 2381, Relating to the appeal of certain suits affecting the parent-child relationship. HB 2428, Relating to the confidentiality of certain records of a court-appointed volunteer advocate program. HB 2584, Relating to a commission to study geriatrics as a requisite for medical school graduation. HB 2610, Relating to the offense of criminal nonsupport of a child. HB 2621, Relating to the offense of interference with child custody. HB 2771, Relating to certain surcharges imposed by the Texas Alcoholic Beverage Commission. HB 2913, Relating to the compensation of commissioners and the tax rate of the Brazoria County Conservation and Reclamation District Number Three. HB 3068, Relating to the appointment of a county auditor in certain counties. HB 3097, Relating to the security provided for revenue bonds issued by the Veterans' Land Board. HB 3317, Relating to payroll deductions for county employees. HB 3318, Relating to the continuing education requirements for a county treasurer. HCR 11, Conferring the Texas Legislative Medal of Honor on Master Sergeant Roy P. Benavidez. HCR 45, In memory of Bernold M. "Bruno" Hanson. HCR 47, Honoring the members of the Midland High School Fed Challenge Team on their national championship. HCR 51, Congratulating Sharon Williams on being named a Fort Worth Independent School District Outstanding Teacher. HCR 52, Congratulating Candria Morgan on being named a Fort Worth Independent School District Outstanding Teacher. HCR 53, Congratulating Leo Jones on being named a Fort Worth Independent School District Outstanding Teacher. HCR 54, Congratulating Arthurlyn Morgan on being named a Fort Worth Independent School District Outstanding Teacher. HCR 55, Congratulating Barbara Harvey on being named a Fort Worth Independent School District Outstanding Teacher. HCR 56, Congratulating Susan Vasser on being named a Fort Worth Independent School District Outstanding Teacher. HCR 57, Congratulating Lou Johnson on being named a Fort Worth Independent School District Outstanding Teacher.



	77th Legislature — Regular Session 50th Day

	HCR 58, Congratulating Debra Borowy on being named a Fort Worth Independent School District Outstanding Teacher. HCR 59, Congratulating Ella Boyd on being named a Fort Worth Independent School District Outstanding Teacher. HCR 60, Congratulating Becky Richards on being named a Fort Worth Independent School District Outstanding Teacher. HCR 61, Congratulating Stephanie Carter on being named a Fort Worth Independent School District Outstanding Teacher. HCR 62, Congratulating Janet Azzarello on being named a Fort Worth Independent School District Outstanding Teacher. HCR 63, Congratulating Panzia Pullam-Brown on being named a Fort Worth Independent School District Outstanding Teacher. HCR 64, Congratulating Laura Garrison on being named a Fort Worth Independent School District Outstanding Teacher. HCR 65, Congratulating Angela Bryant on being named a Fort Worth Independent School District Outstanding Teacher. HCR 66, Congratulating Jacqueline Skinner on being named a Fort Worth Independent School District Outstanding Teacher. HCR 67, Congratulating Uri Wren on being named a Fort Worth Independent School District Outstanding Teacher. HCR 68, Congratulating Sharon Massey on being named a Fort Worth Independent School District Outstanding Teacher. HCR 69, Congratulating Sonya J. Manning on being named a Fort Worth Independent School District Outstanding Teacher. HCR 70, Congratulating Linda Pendergrass on being named a Fort Worth Independent School District Outstanding Teacher. HCR 71, Congratulating Esther Terry on being named a Fort Worth Independent School District Outstanding Teacher. HCR 72, Congratulating Deborah Huckaby on being named a Fort Worth Independent School District Outstanding Teacher. HCR 73, Congratulating Daryle Moffett on being named a Fort Worth Independent School District Outstanding Teacher. HCR 80, Congratulating Cedric Benson of Midland Lee High School on his athletic accomplishments. HCR 100, In memory of J. B. Vandiver, Sr., of Moody. HCR 105, Directing the Parks and Wildlife Department to negotiate with the Weches Cemetery Association for a land exchange or sale in Houston County. HCR 106, In memory of Warwick H. Jenkins III of Waxahachie. HCR 119, Supporting the continued search for missing United States military personnel and civilians.



	Monday, April 9, 2001 SENATE JOURNAL

	HCR 201, Memorializing the U.S. Congress to take appropriate action to prevent further desecration of the SS Leopoldville or any of its contents. SB 417, Relating to the creation, powers, and boundaries of certain municipal development districts. (Amended) SB 848, Relating to crediting interest to a suspense account of the comptroller and transferring accumulated interest from the account. Respectfully, /s/Sharon Carter, Chief Clerk House of Representatives (Senator Lucio in Chair) SENATE BILLS ON FIRST READING The following bills were introduced, read first time, and referred to the committees indicated: SB 1793 by Sibley Relating to the board of directors of certain guaranty associations. To Committee on Business and Commerce. SB 1794 by Nelson Relating to the creation of municipal courts of record in Trophy Club located in Tarrant and Denton counties. (Local bill) To Committee on Intergovernmental Relations. 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 6 to Committee on Education. HB 84 to Committee on Criminal Justice. HB 108 to Committee on Education. HB 467 to Committee on Education. HB 472 to Committee on Business and Commerce. HB 489 to Committee on State Affairs. HB 501 to Committee on Intergovernmental Relations. HB 533 to Committee on Business and Commerce. HB 551 to Committee on Business and Commerce. HB 606 to Committee on Business and Commerce. HB 617 to Committee on Intergovernmental Relations. HB 642 to Committee on State Affairs. HB 666 to Committee on Intergovernmental Relations. HB 689 to Committee on Jurisprudence. HB 772 to Committee on Criminal Justice. HB 834 to Committee on State Affairs. HB 842 to Committee on Jurisprudence. HB 858 to Committee on Intergovernmental Relations. HB 898 to Committee on Jurisprudence. HB 923 to Committee on Jurisprudence.



	77th Legislature — Regular Session 50th Day

	HB 946 to Committee on Education. HB 1022 to Committee on Intergovernmental Relations. HB 1059 to Committee on Administration. HB 1098 to Committee on Finance. HB 1100 to Committee on Intergovernmental Relations. HB 1103 to Committee on Business and Commerce. HB 1241 to Committee on Business and Commerce. HB 1245 to Committee on Jurisprudence. HB 1287 to Committee on Criminal Justice. HB 1333 to Committee on Finance. HB 1351 to Committee on Business and Commerce. HB 1364 to Committee on Jurisprudence. HB 1365 to Committee on Jurisprudence. HB 1393 to Committee on Intergovernmental Relations. HB 1430 to Committee on State Affairs. HB 1449 to Committee on Intergovernmental Relations. HB 1460 to Committee on State Affairs. HB 1466 to Committee on Business and Commerce. HB 1469 to Committee on Intergovernmental Relations. HB 1476 to Committee on State Affairs. HB 1478 to Committee on Health and Human Services. HB 1515 to Committee on Jurisprudence. HB 1543 to Committee on Intergovernmental Relations. HB 1573 to Committee on Intergovernmental Relations. HB 1619 to Committee on Intergovernmental Relations. HB 1641 to Committee on Education. HB 1723 to Committee on Business and Commerce. HB 1772 to Committee on State Affairs. HB 1863 to Committee on Intergovernmental Relations. HB 1881 to Committee on Intergovernmental Relations. HB 1927 to Committee on Business and Commerce. HB 1975 to Committee on State Affairs. HB 1979 to Committee on Jurisprudence. HB 1989 to Committee on Business and Commerce. HB 2002 to Committee on Intergovernmental Relations. HB 2158 to Committee on Jurisprudence. HB 2218 to Committee on Education. HB 2220 to Committee on Intergovernmental Relations. HB 2255 to Committee on Business and Commerce. HB 2275 to Committee on Jurisprudence. HB 2297 to Committee on Intergovernmental Relations. HB 2299 to Committee on Jurisprudence. HB 2304 to Committee on State Affairs. HB 2314 to Committee on Intergovernmental Relations. HB 2354 to Committee on Natural Resources. HB 2381 to Committee on Jurisprudence. HB 2428 to Committee on Jurisprudence. HB 2584 to Committee on Education.



	Monday, April 9, 2001 SENATE JOURNAL

	HB 2610 to Committee on Jurisprudence. HB 2621 to Committee on Jurisprudence. HB 2771 to Committee on State Affairs. HB 2913 to Committee on Natural Resources. HB 3068 to Committee on Intergovernmental Relations. HB 3097 to Committee on Finance. HB 3317 to Committee on Intergovernmental Relations. HB 3318 to Committee on Intergovernmental Relations. HCR 11 to Committee on Veteran Affairs and Military Installations. HCR 105 to Committee on Natural Resources. HCR 119 to Committee on Veteran Affairs and Military Installations. HCR 201 to Committee on Veteran Affairs and Military Installations. HJR 82 to Committee on Finance. BILLS SIGNED The Presiding Officer, Senator Lucio in Chair, announced the signing of the following enrolled bills in the presence of the Senate after the captions had been read: SB 37, SB 676, SB 746. MESSAGE FROM THE GOVERNOR The following Message from the Governor was read and was referred to the Committee on Nominations: Austin, Texas April 5, 2001 TO THE SENATE OF THE SEVENTY-SEVENTH LEGISLATURE, REGULAR SESSION: I ask the advice, consent and confirmation of the Senate with respect to the following appointments: TO BE MEMBERS OF THE TEXAS BOARD ON AGING for terms to expire February 1, 2007: Richard A. Braun 8 Amhurst Court Midland, Texas 79705 (replacing Jan Patterson of Dallas whose term expired) Nancy Lee Lund 6645 Lakeridge Drive Texarkana, Texas 75503 (Ms. Lund is being reappointed) Nelda P. Wray, M.D. 5415 Braesvalley Drive No. 753 Houston, Texas 77096 (Dr. Wray is being reappointed)



	77th Legislature — Regular Session 50th Day

	TO BE MEMBERS OF THE TEXAS BOARD OF MENTAL HEALTH AND MENTAL RETARDATION for terms to expire January 31, 2007: Rudy Arredondo, Ed.D. 5533 50th Street Lubbock, Texas 79414 (Dr. Arredondo is being reappointed) Richard "Dick" O'Connor 4236 Northview Lane Dallas, Texas 75229 (Mr. O'Connor is replacing Charles Cooper of Dallas whose term expired) Karen Mitchell Frank, Ph.D. P.O. Box 839 Port Aransas, Texas 78373 (Dr. Frank is replacing James Perkins of Rusk whose term expired) Respectfully submitted, /s/Rick Perry Governor PHYSICIAN OF THE DAY Senator Sibley was recognized and presented Dr. Robert Deluca of Eastland as the Physician of the Day. The Senate welcomed Dr. Deluca and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians. GUESTS PRESENTED Senator West was recognized and introduced to the Senate a group of students from the Faith Family Academy of Oak Cliff. The Senate welcomed its guests. CONCLUSION OF MORNING CALL The Presiding Officer at 10:24 a.m. announced the conclusion of morning call. COMMITTEE SUBSTITUTE SENATE BILL 971 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 971, Relating to requiring state investment funds to post certain information on the Internet. The bill was read second time and was passed to engrossment by a viva voce vote.



	Monday, April 9, 2001 SENATE JOURNAL

	COMMITTEE SUBSTITUTE SENATE BILL 971 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 971 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini. Nays: Wentworth. Present-not voting: Mr. President. Absent-excused: Carona. The bill was read third time and was passed by a viva voce vote. SENATE BILL 1161 ON SECOND READING On motion of Senator Truan and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment: SB 1161, Relating to the regulation of low-speed electric vehicles. The bill was read second time and was passed to engrossment by a viva voce vote. SENATE BILL 1161 ON THIRD READING Senator Truan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1161 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini. Nays: Wentworth. Present-not voting: Mr. President. Absent-excused: Carona. The bill was read third time and was passed by a viva voce vote.



	77th Legislature — Regular Session 50th Day

	(President in Chair) SENATE BILL 1195 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: SB 1195, Relating to the creation of an offense involving the supervision of a vehicle operator holding an instruction permit. The bill was read second time and was passed to engrossment by a viva voce vote. SENATE BILL 1766 ON SECOND READING On motion of Senator Bivins 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 1766, Relating to the eligibility of school district bonds for payment with state and local funds under the existing debt tier of the school finance system. The bill was read second time. Senator Bivins offered the following amendment to the bill: Floor Amendment No. 1 Amend SB 1766 as follows: (1) On page 1, line 23, insert new SECTION 2 as follows and renumber SECTIONs accordingly: SECTION 2. Section 46.034(c), Education Code, is amended as follows: Sec. 46.034. LIMITS ON ASSISTANCE. (c) If the amount required to pay the principal of and interest on eligible bonds in a school year is less than the district's audited debt service collections for the 2000-2001 [~~1998-1999~~ ] school year, the district may not receive aid in excess of the amount that, when added to the district's local revenue for the school year, equals the amount required to pay the principal of and interest on the bonds. The amendment was read and was adopted by a viva voce vote. On motion of Senator Bivins and by unanimous consent, the caption was amended to conform to the body of the bill as amended. SB 1766 as amended was passed to engrossment by a viva voce vote. SENATE BILL 1766 ON THIRD READING Senator Bivins moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1766 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 1, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief,



	Monday, April 9, 2001 SENATE JOURNAL

	Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini. Nays: Wentworth. Present-not voting: Mr. President. Absent-excused: Carona. The bill was read third time and was passed by a viva voce vote. 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 656, HB 1747, HCR 230, HCR 231, HJR 1. LEAVE OF ABSENCE On motion of Senator Madla, Senator Harris was granted leave of absence for the remainder of today on account of important business. SENATE BILL 908 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: SB 908, Relating to the establishment of a program of all-inclusive care for the elderly (PACE). The bill was read second time and was passed to engrossment by a viva voce vote. SENATE BILL 908 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 908 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 27, Nays 1, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Duncan, Ellis, Fraser, Gallegos, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini. Nays: Wentworth. Present-not voting: Mr. President. Absent-excused: Carona, Harris. The bill was read third time and was passed by a viva voce vote.



	77th Legislature — Regular Session 50th Day

	SENATE BILL 1407 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 1407, Relating to sale of livestock by a personal representative of a decedent's estate. The bill was read second time and was passed to engrossment by a viva voce vote. SENATE BILL 1407 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 1407 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 27, Nays 1, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Duncan, Ellis, Fraser, Gallegos, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini. Nays: Wentworth. Present-not voting: Mr. President. Absent-excused: Carona, Harris. The bill was read third time and was passed by a viva voce vote. SENATE BILL 1212 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: SB 1212, Relating to the examination for licensure as a chemical dependency counselor. The bill was read second time and was passed to engrossment by a viva voce vote. SENATE BILL 1212 ON THIRD READING Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1212 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 27, Nays 1, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Duncan, Ellis, Fraser, Gallegos, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson,



	Monday, April 9, 2001 SENATE JOURNAL

	Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini. Nays: Wentworth. Present-not voting: Mr. President. Absent-excused: Carona, Harris. The bill was read third time and was passed by the following vote: Yeas 28, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: Carona, Harris. SENATE RESOLUTION 672 Senator Bernsen offered the following resolution: WHEREAS, The Senate of the State of Texas joins the residents of Liberty County in declaring April 9, 2001, Liberty County Day at the Capitol; and WHEREAS, A county of rural charm and natural beauty, Liberty County is located in the heart of Southeast Texas and is rich in Texas history; it was in Liberty County that the Spanish established one of their earliest outposts, Atascosito, in 1756; in 1818, the legendary French colony, Champ d'Asile, was established on the county's land; and WHEREAS, In 1826, the Anglo colonists and Mexican authorities established the Atascosito District, and in 1831, they designated a new municipality Villa de la Santisima Trinidad de la Libertad, which later became the county seat, Liberty; the town served as the seat of government for the Atascosito District, which initially embraced 10 modern-day counties in Southeast Texas; and WHEREAS, Liberty County was one of the original 23 counties in existence when the Republic of Texas was officially organized in 1836; it was also the home of Colonel Edward Bradford Pickett, who served in the State Senate during the 12th and 13th legislative sessions and was president of the 1875 Texas Constitutional Convention; and WHEREAS, Liberty County is proud of the service of its native son, the late Price Daniel, the 38th Governor of Texas, who was born in Dayton in 1910; the county was also home to Ross S. Sterling, the 31st Governor of Texas; and WHEREAS, In spite of the county's proximity to Houston, much of the county's land has been left undisturbed, and new development and population growth have been managed with care in order to preserve natural habitats and historic sites; and WHEREAS, Bisected by the Trinity River and home to Wallisville Lake, Liberty County is a popular area for fishing and hunting, and tourists are drawn to the Big Thicket and the county's rolling hills and pine forests; and WHEREAS, Liberty County Day at the Capitol provides an opportunity for residents to gather together and celebrate the amenities of their county and its heritage; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby extend a warm welcome to the people of Liberty County and best wishes to them for a joyous Liberty County Day; and, be it further RESOLVED, That a copy of this Resolution be prepared for the residents of Liberty County as a token of esteem from the Texas Senate. The resolution was again read. The resolution was previously adopted on Thursday, April 5, 2001.



	77th Legislature — Regular Session 50th Day

	GUESTS PRESENTED Senator Bernsen was recognized and introduced to the Senate Liberty County Judge Lloyd Kirkham; county commissioners Todd Fontenot, Melvin Hunt, and Lee Groce; Liberty County Day Chaplain Frieda White; Martin Luther King Day Chair Henry Dugat; and former Senator Jim Turner of Houston. The Senate welcomed its guests. SENATE RESOLUTION 627 Senator Duncan offered the following resolution: WHEREAS, The Senate of the State of Texas is proud to recognize one of its fine young citizens, Amit Bushan, who has recently received the distinct honor of being named Texas' top middle level student volunteer by the Prudential Spirit of Community Awards; and WHEREAS, The Prudential Spirit of Community Awards is a nationwide program honoring young people for outstanding volunteer service; now in its sixth year, the program is sponsored by The Prudential Insurance Company of America in partnership with the National Association of Secondary School Principals; and WHEREAS, A fifth grader at All Saints Episcopal School in Lubbock, Amit was among 23,000 high school and middle level school children who were considered for the award; the initiative and maturity he displayed in conducting his service campaign to inform local residents about the dangers of second-hand smoke truly distinguishes this young man among his peers; and WHEREAS, An asthma sufferer, Amit began his campaign last summer when he found it impossible to accompany friends to restaurants and other public places because second-hand smoke in those areas made it difficult for him to breathe; and WHEREAS, Amit gathered data on second-hand smoke to prove its harmful effects; he then developed a slide show on the subject and began visiting local elementary schools to deliver his message on the dangers of second-hand smoke; and WHEREAS, Amit also organized a letter-writing campaign, contacted the local media, and met with civic leaders to lobby for a smoking ban in Lubbock's restaurants and other public places; and WHEREAS, His efforts have attracted the attention of 30 organizations, including the American Cancer Society and the American Heart Association, and Amit has collected nearly $4,000 in donations; he hopes to convince the Lubbock city council to ban restaurant smoking, and if successful, Amit will take his campaign to the state legislature; and WHEREAS, As a recipient of the Prudential Spirit of Community Award, Amit will receive an all-expense-paid trip to Washington, D.C., a $1,000 cash award, and an engraved silver medallion; and WHEREAS, An enterprising young man, Amit has shown discipline and determination beyond his years; even more, he has demonstrated concern for the well-being of others; the State of Texas is truly proud to have Amit Bushan as one of its citizens; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby congratulate Amit Bushan on being chosen as a recipient of this year's Prudential Spirit of Community Award; and, be it further RESOLVED, That a copy of this Resolution be prepared for him as an expression of high regard from the Texas Senate. The resolution was read.



	Monday, April 9, 2001 SENATE JOURNAL

	On motion of Senator Truan and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof. On motion of Senator Duncan, the resolution was adopted by a viva voce vote. GUESTS PRESENTED Senator Duncan, joined by Senators Barrientos, Lucio, Moncrief, and Shapiro, was recognized and introduced to the Senate the following recipients of Prudential Spirit of Community Awards: Amit Bushan, Kate Klinkerman, Daniel Ben-Nun, Samantha Brooks, Daniel Martinez, Natalie Rufeno, Allison Smith, and Rachel Wiseman. The Senate welcomed its guests. (Senator Armbrister in Chair) SENATE RESOLUTION 722 Senator Truan offered the following resolution: WHEREAS, The Senate of the State of Texas takes pride in recognizing Whataburger, Incorporated, on the grand occasion of its 50th anniversary, which was celebrated throughout 2000; and WHEREAS, What began with a large portable wooden stand in 1950 in Corpus Christi, Texas, is now an international chain with more than 500 restaurants; the small family business begun by Harmon A. Dobson has grown by leaps and bounds since its establishment and has become an icon of Texas; and WHEREAS, From its modest beginning 50 years ago, Whataburger has consistently maintained its commitment to friendly service and fairly priced made-to-order meals in a family atmosphere; it was not until the chain had been firmly established that the menu was expanded to include several breakfast and chicken items; and WHEREAS, In expanding beyond its original Corpus Christi locations in 1953, Whataburger retained the widely-recognized orange and white striped roof that came to be its signature and because of its impeccable reputation emerged steadily as a vital part of the fast food industry; and WHEREAS, Throughout the past 50 years, Whataburger, Incorporated, has contributed immeasurably to the overall growth and economic well-being of this state and this country, it is indeed an honor to recognize it and its enterprising founder, Harmon A. Dobson; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby congratulate Whataburger, Incorporated, on the grand occasion of its 50th anniversary and extend best wishes for continued success; and, be it further RESOLVED, That a copy of this Resolution be prepared for Whataburger 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 Truan, the resolution was adopted by a viva voce vote.



	77th Legislature — Regular Session 50th Day

	GUESTS PRESENTED Senator Truan was recognized and introduced to the Senate the following representatives of Whataburger, Incorporated: Lynne Dobson and Hugh Dobson, co-owners; Tim Taft, President and Chief Operating Officer; Tom Dobson, Chair and Chief Executive Officer; and Grace Dobson, Chair Emeritus. The Senate welcomed its guests. (President in Chair) COMMITTEE SUBSTITUTE SENATE BILL 1629 ON SECOND READING On motion of Senator Wentworth and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment: CSSB 1629, Relating to the creation, administration, powers, duties, operations, and financing of Cibolo Canyon Conservation and Improvement District No. 1; granting the authority to impose taxes and issue bonds; granting the power of eminent domain. The bill was read second time and was passed to engrossment by a viva voce vote. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas April 9, 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 240, Resolved, by the 77th Legislature, That each house grant the other permission to adjourn for more than three days during the period beginning on Wednesday, April 11, 2001 and ending on Tuesday, April 17, 2001. Respectfully, /s/Sharon Carter, Chief Clerk House of Representatives GUEST PRESENTED Senator Gallegos was recognized and introduced to the Senate Camille Meyers of Houston. The Senate welcomed Ms. Meyers.



	Monday, April 9, 2001 SENATE JOURNAL

	GUEST PRESENTED Senator Truan was recognized and introduced to the Senate former Senator Joe J. Bernal of San Antonio. The Senate welcomed Senator Bernal. SENATE RESOLUTION 724 Senator Moncrief offered the following resolution: WHEREAS, Approximately four million Texas citizens ride bicycles for recreation, transportation, and fitness and spend more than $100 million on bicycle-related goods and services; and WHEREAS, Bicycle rallies and tours throughout our state have had a positive economic impact on many communities and helped raise money for charities; and WHEREAS, Amateur, professional, and world-champion cyclists race and train in Texas, bringing national media attention and recognition to our state, and Texas is home to well-known cyclist and Plano native Lance Armstrong, who is a two-time Olympian and has won the prestigious Tour de France twice; the Lance Armstrong Foundation's Ride for the Roses is held annually in Austin and is one of the most popular and significant events in the world of cycling; and WHEREAS, The Texas Bicycle Coalition was organized in 1991 to promote the advancement of bicycling access, safety, and education in the Lone Star State; and WHEREAS, The Texas Department of Transportation has awarded the Texas Bicycle Coalition Education Fund a grant for the Texas SuperCyclist Project in which 3,600 physical education and health teachers will be trained in the state bicycle safety curriculum developed by the Texas Department of Public Safety; and WHEREAS, The members and volunteers of the Texas Bicycle Coalition have made valuable contributions in making our state safer for bicycle enthusiasts while striving to spread the organization's message to countless people, and it is most appropriate to honor them at this time; now, therefore, be it RESOLVED, That the Senate of the 77th Texas Legislature hereby commend the work of the founders of the Texas Bicycle Coalition, its board of directors, and its volunteers and recognize April 9, 2001, as Texas Bicycle Day at the State Capitol; and, be it further RESOLVED, That an official copy of this resolution be prepared for the members of the Texas Bicycle Coalition as an expression of best wishes by the Texas Senate. The resolution was read and was adopted by a viva voce vote. GUESTS PRESENTED Senator Moncrief was recognized and introduced to the Senate a delegation of members of the Texas Bicycle Coalition. The Senate welcomed its guests. GUESTS PRESENTED Senator Brown was recognized and introduced to the Senate the state champion swimming and diving team from Katy, accompanied by their coaches. The Senate welcomed its guests.



	77th Legislature — Regular Session 50th Day

	HOUSE CONCURRENT RESOLUTION 240 The President laid before the Senate HCR 240. On motion of Senator Brown and by unanimous consent, all necessary rules were suspended to take up for consideration: HCR 240, Granting each House permission to adjourn for more than three days during the period beginning on Wednesday, April 11, 2001, and ending on Tuesday, April 17, 2001. The resolution was read. On motion of Senator Brown and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote. SENATE RULE 7.12(a) SUSPENDED (Printing of Bills) On motion of Senator Brown and by unanimous consent, Senate Rule 7.12(a) was suspended for the following bill and the committee report was ordered not printed: SB 1335. RESOLUTIONS OF RECOGNITION The following resolutions were adopted by the Senate: Memorial Resolutions SR 684 by Haywood, In memory of Charles N. Prothro of Wichita Falls. SR 686 by Lucio, In memory of Merle Elizabeth McCartney Stoverink of La Feria. SR 687 by Gallegos, In memory of James Warren "Joe" Harwell of Jacinto City. SR 688 by Gallegos, In memory of Dr. Ann D. Nichols of Galena Park. SR 694 by Barrientos, In memory of Dobbie Leverton Fenton of Austin. HCR 101 (Shapleigh), In memory of Bert Corona of Los Angeles. HCR 129 (Shapleigh), Paying tribute to the late Bobby Fuller of El Paso for his musical accomplishments. HCR 130 (Shapleigh), In memory of Esperanza Acosta Moreno of El Paso. HCR 131 (Shapleigh), In memory of Tom Lea of El Paso. Congratulatory Resolutions SR 683 by Truan, Congratulating the League of United Latin American Citizens Council No. 1. SR 685 by Shapiro, Congratulating Allison Smith of Plano. SR 689 by Gallegos, Commending the Doctors' Service Foundation Community Clinic in Harris County. SR 690 by Gallegos, Recognizing the 53rd anniversary of the decommissioning of the Battleship Texas. SR 691 by Gallegos, Commending the North Side Community Education and Job Placement Center in Houston.



	Monday, April 9, 2001 SENATE JOURNAL

	SR 692 by Gallegos, Commending Thomas Edison Middle School in Houston. SR 693 by Ogden, Commending the boys basketball team of Mexia High School in Mexia. SR 695 by Cain, Congratulating Morgan Brandenburg. SR 696 by Cain, Congratulating Katie Godinich. SR 697 by Cain, Congratulating Ann Wheeler. SR 698 by Cain, Congratulating Brittany Graves. SR 699 by Cain, Congratulating Leah Butler. SR 700 by Cain, Congratulating Joseph Krieg. SR 701 by Cain, Congratulating Zachary Freeman. SR 702 by Cain, Congratulating Teri Nipp. SR 703 by Cain, Congratulating Michael Koch. SR 704 by Cain, Congratulating Klinton Bicknell. SR 705 by Cain, Congratulating Justin Henry. SR 706 by Cain, Congratulating Matt Ptacek. SR 707 by Cain, Congratulating Robert Garmon. SR 708 by Cain, Congratulating Philip Stringer. SR 709 by Cain, Congratulating Josh Tiller. SR 710 by Cain, Congratulating Brent Kelley. SR 711 by Cain, Congratulating Brock Different. SR 712 by Cain, Congratulating Ross Bland. SR 713 by Cain, Congratulating Jason Ulsh. SR 714 by Cain, Congratulating James Draper. SR 715 by Cain, Congratulating Craig Lumsden. SR 716 by Cain, Congratulating Matthew Hensley. SR 717 by Cain, Congratulating Jaime Hudspeth. SR 718 by Cain, Congratulating Katie Price. SR 719 by Cain, Congratulating Amber Alderman. SR 720 by Cain, Congratulating Amanda George. SR 721 by Cain, Congratulating Michelle Johnson. SR 723 by Truan, Congratulating Anna M. Tinsley of Austin. ADJOURNMENT On motion of Senator Truan, the Senate at 11:20 a.m. adjourned, in memory of Preston Patterson of Dallas, Senator Carona's stepfather; former Representative Renato Cuellar of Weslaco; and Theodore Stephen Scibienski of Corpus Christi, until 10:00 a.m. tomorrow.



	77th Legislature — Regular Session 50th Day

	APPENDIX COMMITTEE REPORTS The following committee reports were received by the Senate: April 9, 2001 INTERGOVERNMENTAL RELATIONS — SB 593, CSSB 732, CSSB 846, SB 862, CSSB 863, CSSB 865, CSSB 870, SB 1016, CSSB 1095, SB 1343, CSSB 1533, SB 1760, SJR 50 EDUCATION — SB 1178, SB 1155, SB 1180, SB 1190, SB 1472, SB 1785, HB 1212, HB 1753 NATURAL RESOURCES — CSSB 310, CSSB 305 HEALTH AND HUMAN SERVICES — SB 40, SB 532, SB 280, SB 282, SB 772, SB 791, SB 894, SB 1106 NATURAL RESOURCES — SB 1339 (Amended) INTERGOVERNMENTAL RELATIONS — CSSB 790, CSSB 961, CSSB 1415 BUSINESS AND COMMERCE — CSSB 246, CSSB 1503, CSSB 1355, CSSB 1282, CSSB 12, SB 935, SB 749, SB 905 EDUCATION — CSSB 1543, CSSB 1186, CSSB 704, CSSB 1735 BUSINESS AND COMMERCE — SCR 37 NATURAL RESOURCES — CSSB 5, CSSB 1444 BUSINESS AND COMMERCE — CSSB 1783 NATURAL RESOURCES — CSSB 1335 BUSINESS AND COMMERCE — CSSB 1181, CSSB 1358, CSSB 1329, CSSB 1096, CSSB 228, SB 1622 HEALTH AND HUMAN SERVICES — CSSB 42, CSSB 34 BUSINESS AND COMMERCE — CSSB 1296, SJR 37 HEALTH AND HUMAN SERVICES — CSSB 49, CSSB 51, CSSB 297, CSSB 572 CRIMINAL JUSTICE — SB 840, SB 1047, SB 1345, SB 1570, SB 1608, CSSB 1033, CSSB 1202, CSSB 536, CSSB 1295, CSSB 1304



	Monday, April 9, 2001 SENATE JOURNAL

	SIGNED BY GOVERNOR April 5, 2001 SB 3 SENT TO GOVERNOR April 9, 2001 SB 37, SB 676, SB 746



	77th Legislature — Regular Session 50th Day

	In Memory of Theodore Stephen Scibienski Senator Truan offered the following resolution: (Senate Resolution 682) WHEREAS, The Senate of the State of Texas joins the citizens of Corpus Christi and South Texas in mourning the passing of one of the area's most esteemed and well-loved residents, Theodore Stephen Scibienski, who died at the age of 89; and WHEREAS, Filling all of his allotted time on earth with devotion to his family, friends, church, and community, he leaves a legacy of dedication to improving health care for the children of South Texas that will be cherished by generations yet to come; and WHEREAS, Affectionately known by his friends as Ted or Mr. Ted, the native of Perth Amboy, New Jersey, was born October 24, 1910; having received his electrical engineering degree from Rutgers University, he pursued graduate studies at Columbia University and Brooklyn Polytechnic Institute; and WHEREAS, Unable to find suitable work in New Jersey, the enterprising young man headed south, concluding his journey in Corpus Christi with $1.50 in his pocket; beginning his notable career as a construction worker, Mr. Scibienski soon after became involved in the oil and gas business and retired after selling the LaGloria Oil and Gas Company partnership; and WHEREAS, The highly respected businessman was named Vice-President of Corpus Christi Bank and Trust in the 1950s and was elected to the Robert Driscoll and Julia Driscoll and Robert Driscoll, Jr. Foundation Board of Directors in 1955, an affiliation that lasted 45 years; in 1981, he was named Chairman of the Driscoll Foundation and Chairman of the Driscoll Children's Hospital; tremendous accomplishments were made that benefitted thousands of Texans; and WHEREAS, Under his leadership, the Driscoll Children's Hospital made great progress in fulfilling the will of Robert and Julia Driscoll that any child be provided with services regardless of their ability to pay; due to his inspiration and guidance, Driscoll's teaching hospital improved and progressed and its alumni now assure that children all over South Texas are getting better health care; under his leadership a new facility was constructed; in his role as Chairman of the hospital and the foundation, Mr. Scibienski was always approachable and accessible; and WHEREAS, His diverse business interests also included ownership of Las Minas Ranch, partnership in Las Minas Cattle Company, Dolores Ranch Company, Dolores Development Company, Prima Petroleum Company, Gulf Terminal Grain Company, United Savings Association, and First State Bank; and



	Monday, April 9, 2001 SENATE JOURNAL

	WHEREAS, A man of integrity, strength, and generosity, he gave unselfishly of his time to others and his community; his active involvement included the Corpus Christi Cathedral, Prestigious Papal Order, The Knights of the Equestrian Order of the Holy Sepulchre, Corpus Christi Museum, Corpus Christi Symphony Orchestra, Texas Hospital Association, American Red Cross, and Corpus Christi Chamber of Commerce; and WHEREAS, Recognized for his humanitarian efforts, Mr. Scibienski was honored by the National Conference of Christians and Jews with the "Brotherhood Award" in 1978 and by the Gulf Coast Council Boy Scouts of America with the "Distinguished Citizen Award" in 1991; he was elected King Alonzo XXXI in 1984 by the Buccaneer Days Commission and was the 34th recipient of the Mr. South Texas Award; and WHEREAS, Few have given so freely of their time and energies as this exceptional businessman and humanitarian; he was valued and loved by all who knew him, and his death will be felt by all of those who benefitted from his love, his friendship, and his generosity; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby extend sincere condolences to the family of Theodore Stephen Scibienski: his beloved wife of 64 years, Virgie Clay Scibienski; his daughters and sons-in-law, Helen Claire and Rod Swetman and Suzanne Marie and Murray Bass; his son and daughter-in-law, Stephen Clay and Linda Scibienski; his sisters, Elizabeth Terentz, Evangeline Darago, and Eleanor Schultz; and his 10 grandchildren and seven great-grandchildren; and, be it further RESOLVED, That a copy of this Resolution be prepared for 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 Theodore Stephen Scibienski. 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 Truan and by unanimous consent, the resolution was adopted by a rising vote of the Senate. Senator Truan was recognized and introduced to the Senate family members of Theodore Stephen Scibienski: his daughters, Helen Claire Swetman and Suzanne Marie Bass, and his son-in-law, Murray Bass. The Senate welcomed its guests and extended its sympathy.