Tuesday, May 1, 2001

SENATE JOURNAL

SIXTY-THIRD DAY

Tuesday, May 1, 2001

PROCEEDINGS

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

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

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

Senate Doorkeeper Don Long offered the invocation as follows:

Eternal and gracious heavenly father, we ask You to give each one of us who labor in this Capitol complex Your special grace in order that in the next twenty-seven (27) days we may all be slow to anger and quick to forgive. Endue us with patience and kindness for each other realizing that our duty is to the peoples of Texas and their needs, not our self-absorption.

We beseech You to gird up the minds of these Senators with tenderness and love for the peoples of this great State of Texas. May each turn from any personal glory remembering these words from the holy writ: "Whosoever will be great among you, shall be your minister: and whosoever of you would be the chiefest, shall be servant of all." (Mark 10:43-44) God bless each and every one in this chamber. 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.

CO-AUTHOR OF SENATE BILL 106

On motion of Senator Cain and by unanimous consent, Senator Barrientos will be shown as Co-author of SB 106.

CO-AUTHOR OF SENATE BILL 283

On motion of Senator Nelson and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 283.

CO-AUTHOR OF SENATE BILL 1160

On motion of Senator Truan and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 1160.

77th Legislature — Regular Session 63rd Day

CO-AUTHOR OF SENATE BILL 1467

On motion of Senator Moncrief and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 1467.

CO-AUTHOR OF SENATE BILL 1485

On motion of Senator Carona and by unanimous consent, Senator Shapleigh will be shown as Co-author of SB 1485.

CO-AUTHOR OF SENATE BILL 1571

On motion of Senator Nelson and by unanimous consent, Senator Madla will be shown as Co-author of SB 1571.

CO-AUTHOR OF SENATE BILL 1636

On motion of Senator Bernsen and by unanimous consent, Senator Nelson will be shown as Co-author of SB 1636.

CO-AUTHORS OF SENATE BILL 1724

On motion of Senator Cain and by unanimous consent, Senators Barrientos and Bernsen will be shown as Co-authors of SB 1724.

CO-AUTHORS OF SENATE BILL 1804

On motion of Senator Truan and by unanimous consent, Senators Fraser and Zaffirini will be shown as Co-authors of SB 1804.

HOUSE BILLS AND RESOLUTION ON FIRST READING

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

HB 119 to Committee on Intergovernmental Relations.

HB 195 to Committee on Criminal Justice.

HB 548 to Committee on Business and Commerce.

HB 560 to Committee on Jurisprudence.

HB 602 to Committee on Intergovernmental Relations.

HB 628 to Committee on Jurisprudence.

HB 981 to Committee on Natural Resources.

HB 998 to Committee on Health and Human Services.

HB 1128 to Committee on Natural Resources.

HB 1348 to Committee on Business and Commerce.

HB 1368 to Committee on Intergovernmental Relations.

HB 1838 to Committee on Natural Resources.

HB 1851 to Committee on Health and Human Services.

HB 1874 to Committee on Jurisprudence.

HB 1985 to Committee on Education.

HB 2040 to Committee on Veteran Affairs and Military Installations.

HB 2049 to Committee on Education.

HB 2054 to Committee on Education.

HB 2146 to Committee on Business and Commerce.

HB 2167 to Committee on Intergovernmental Relations.

HB 2175 to Committee on Intergovernmental Relations.

Tuesday, May 1, 2001

SENATE JOURNAL

HB 2239 to Committee on Criminal Justice.

HB 2277 to Committee on State Affairs.

HB 2327 to Committee on Business and Commerce.

HB 2412 to Committee on Intergovernmental Relations.

HB 2439 to Committee on Administration.

HB 2484 to Committee on Business and Commerce.

HB 2530 to Committee on Business and Commerce.

HB 2532 to Committee on Natural Resources.

HB 2557 to Committee on Jurisprudence.

HB 2580 to Committee on Intergovernmental Relations.

HB 2602 to Committee on Health and Human Services.

HB 2751 to Committee on Intergovernmental Relations.

HB 2756 to Committee on Intergovernmental Relations.

HB 2784 to Committee on Criminal Justice.

HB 2814 to Committee on Jurisprudence.

HB 2817 to Committee on Natural Resources.

HB 2877 to Committee on Administration.

HB 2881 to Committee on Criminal Justice.

HB 2908 to Committee on Veteran Affairs and Military Installations.

HB 3015 to Committee on Business and Commerce.

HB 3024 to Committee on Natural Resources.

HB 3044 to Committee on Natural Resources.

HB 3162 to Committee on Intergovernmental Relations.

HB 3192 to Committee on Jurisprudence.

HB 3193 to Committee on Intergovernmental Relations.

HB 3285 to Committee on Intergovernmental Relations.

HB 3355 to Committee on Natural Resources.

HB 3383 to Committee on Intergovernmental Relations.

HB 3404 to Committee on Natural Resources.

HB 3413 to Committee on Intergovernmental Relations.

HB 3414 to Committee on Intergovernmental Relations.

HB 3567 to Committee on Veteran Affairs and Military Installations.

HB 3586 to Committee on Jurisprudence.

HB 3627 to Committee on Intergovernmental Relations.

HB 3634 to Committee on Intergovernmental Relations.

HB 3639 to Committee on Intergovernmental Relations.

HB 3640 to Committee on Natural Resources.

HB 3646 to Committee on Intergovernmental Relations.

HB 3651 to Committee on Natural Resources.

HB 3652 to Committee on Natural Resources.

HB 3661 to Committee on Intergovernmental Relations.

HCR 84 to Committee on Health and Human Services.

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:

SB 54, SB 68, SB 98, SB 201, SB 276, SB 301, SB 335, SB 462, SB 519, SB 665, SB 718, SB 788, SB 884, SB 945, SB 966, SB 969, SB 1147, SB 1287, SCR 25, SCR 29.

77th Legislature — Regular Session 63rd Day

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 1, 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 178, Relating to longevity pay for certain assistant prosecutors.

HB 399, Relating to prohibiting the legislature from meeting on Martin Luther King, Jr., Day.

HB 740, Relating to summary judgments issued by a court.

HB 819, Relating to transfer of the Office of Rural Affairs to the Department of Agriculture.

HB 915, Relating to bulk purchasing of prescription drugs by certain state agencies.

HB 1071, Relating to certain procedures used to deal with a criminal defendant suspected of having a mental illness or mental retardation.

HB 1072, Relating to authorizing a peace officer or health officer to take into custody, detain, and return to a treatment facility a patient or client under a court order for treatment at the facility.

HB 1209, Relating to the uncorroborated testimony of victims of certain sexual offenses.

HB 1591, Relating to reporting and certification of Medicaid managed care encounter data.

HB 1640, Relating to the establishment of a school of pharmacy at Texas A&M University—Kingsville.

HB 1676, Relating to health benefit plan coverage for certain benefits related to brain injury or neurological disease.

HB 1691, Relating to the Texas Council on Purchasing from People with Disabilities.

HB 1941, Relating to allowing certain family members of military personnel who previously resided in Texas to pay resident tuition and fees at institutions of higher education.

HB 2103, Relating to allowing a grandparent to receive financial assistance benefits on behalf of a dependent child in certain situations.

HB 2378, Relating to the cigarette tax and providing a penalty.

Tuesday, May 1, 2001

SENATE JOURNAL

HB 3067, Relating to the continuation and functions of the Texas Funeral Service Commission.

HB 3136, Relating to the statute of limitations for persons seeking damages from injury or loss caused by an error in a survey.

HCR 266, Posthumously conferring the Texas Legislative Medal of Honor on Master Sergeant Roy P. Benavidez.

HJR 2, Proposing a constitutional amendment authorizing a commissioners court of a county to declare the office of constable in certain precincts dormant and providing a procedure for reinstatement of the office.

HJR 85, Proposing a constitutional amendment to allow current and retired public school teachers and college professors, and retired public school administrators to receive compensation for serving on the governing bodies of school districts, cities, towns, or other local government districts.

SB 84, Relating to the liability of certain volunteer centers.

SB 187, Relating to the creation of an authority and project to provide government services through a secure and uniform online system.

(Amended)

SB 577, Relating to driving privileges of drivers under 18 years of age.

(Committee Substitute/Amended)

SB 583, Relating to liens for certain services provided by physicians.

(Committee Substitute)

SB 817, Relating to the requirement that the name of a state agency be printed on certain state motor vehicles.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

GUESTS PRESENTED

Senator Carona was recognized and introduced to the Senate a group of seventh-grade students from Lake Highlands Junior High School in Richardson.

The Senate welcomed its guests.

SENATE RESOLUTION 836

Senator Moncrief offered the following resolution:

WHEREAS, The Senate of the State of Texas is proud to join the students and faculty of Worth Heights Elementary School in their campaign to establish National Children's and Police Day; and

WHEREAS, Recognizing the dedication law enforcement officers make to ensure the safety of our schools, homes, and communities, the students of Worth Heights Elementary seek to pay tribute to these exemplary men and women by designating the Friday of every National Police Week as National Children's and Police Day; and

77th Legislature — Regular Session 63rd Day

WHEREAS, With a dramatic rise in school violence across this country there is a tremendous need to instill in young people a respect for authority figures; police departments make a concerted effort to establish mutual understanding and cooperation with schools and deserve to have their unselfish service acknowledged; and

WHEREAS, In honoring these men and women who deal daily with the unique challenges of law enforcement duty and who face countless dangerous situations in their efforts to provide protection, these students wish to express their appreciation by encouraging students across Texas and this nation to join their campaign; and

WHEREAS, National Children's and Police Day provides a perfect opportunity for all schoolchildren to express their gratitude for the innumerable contributions of law enforcement officers, and the Texas Senate is proud to support Worth Heights Elementary School in this outstanding endeavor; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby declare Friday, May 18, 2001, as National Children's and Police Day and encourage all schools to join in supporting this special day; and, be it further

RESOLVED, That a copy of this Resolution be prepared for Worth Heights Elementary School as an expression of high regard from the Texas Senate.

The resolution was read.

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

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

GUESTS PRESENTED

Senator Moncrief was recognized and introduced to the Senate a group of students from Worth Heights Elementary School in Fort Worth.

The Senate welcomed its guests.

REPORT OF COMMITTEE ON NOMINATIONS

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

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

Members, Texas State Board of Physician Assistant Examiners: Margaret K. Bentley, Dallas County; Timothy Webb, Harris County.

Presiding Officer, Commission on State Emergency Communications: Dorothy M. Morgan, Washington County.

Members, Commission on State Emergency Communications: Jose A. Aranda, Jr., Maverick County; John L. deNoyelles, Smith County; Heberto Gutierrez, Bexar County; Karen B. Hibbitt, Grayson County.

Members, Sabine River Authority Board of Directors: Claudia Johansen Abney, C.P.A., Harrison County; Don O. Covington, Orange County; Calvin E. Ebner, Newton County.

Tuesday, May 1, 2001

SENATE JOURNAL

Member, Texas Turnpike Authority division of the Texas Department of Transportation Board: Esperanza "Hope" Andrade, Bexar County.

Members, Texas Board of Mental Health and Mental Retardation: Rudy Arredondo, Ed.D., Lubbock County; Karen Mitchell Frank, Ph.D., Nueces County; Richard O'Connor, Dallas County.

Members, Texas State Board of Medical Examiners District One Review Committee: Sharon J. Barnes, Brazoria County; Richard Strax, M.D., Harris County; Frank R. Wellborne, D.O., Harris County.

Members, Texas State Board of Medical Examiners District Two Review Committee: David Baucom, Hopkins County; Allan N. Shulkin, M.D., Dallas County; Rodney M. Wiseman, D.O., Smith County.

Members, Texas State Board of Medical Examiners District Three Review Committee: David W. Miller, Ph.D., M.Div., Taylor County; Lonnie L. Vickers, M.D., McCulloch County; Irvin E. Zeitler, D.O., Tom Green County.

Members, Texas State Board of Medical Examiners District Four Review Committee: Bobby Howard, D.O., Nueces County; Peter D. Scholl, D.D.S., M.D., Travis County; Phyllis Strother, McLennan County.

Member, Texas State Affordable Housing Corporation Board of Directors: Karen S. Lugar, Bexar County.

Members, Private Sector Prison Industries Oversight Authority: George W. Carpenter, Lubbock County; Jeffrey R. LaBroski, Fort Bend County.

Members, Commission on Uniform State Laws: Marianne Marsh Auld, McLennan County; David C. Godbey, Dallas County; Harry L. Tindall, Harris County.

Members, Texas Industrialized Building Code Council: David Lee Beicker, Bexar County; William H. Bigelow, Harris County; Lon Fairless, Dallas County; Arthur Goetz, Tom Green County; Rudolph V. Gomez, Cameron County; Henry L. Huneke, Lubbock County; Paul W. Lorraine, Brazoria County; Michael G. Mount, Collin County; Gary L. Purser, Randall County; Douglas O. Robinson, Dallas County; Ruben E. "Benny" Salinas, Webb County; Michael E. Seibold, Midland County.

NOTICE OF CONSIDERATION OF NOMINATIONS

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

GUEST PRESENTED

Senator Van de Putte, joined by Senator Truan, was recognized and introduced to the Senate Carlos Guerra of the San Antonio Express-News.

The Senate welcomed Mr. Guerra.

77th Legislature — Regular Session 63rd Day

HOUSE CONCURRENT RESOLUTION 266

The President laid before the Senate the following resolution:

HCR 266, Providing for a joint session on May 2, 2001, at 10:30 a.m. to posthumously confer the Texas Legislative Medal of Honor on Master Sergeant Roy P. Benavidez.

The resolution was read.

On motion of Senator Shapleigh and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote.

SENATE BILL 399 WITH HOUSE AMENDMENT

Senator Duncan called SB 399 from the President's table for consideration of the House amendment to the bill.

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

Floor Amendment No. 1

Amend SB 399 as follows:

(1)  In SECTION 1 of the bill, after the semicolon in Section 545.414(c)(3), Transportation Code (Committee Printing, page 1, line 21), strike "or".

(2)  In SECTION 1 of the bill, in Section 545.414(c), Transportation Code, between "household" and the period (Committee Printing, page 1, line 23), insert the following: "; or

(5)  operating the vehicle in a hayride permitted by the governing body of or a law enforcement agency of each county or municipality in which the hayride will occur".

The amendment was read.

Senator Duncan moved to concur in the House amendment to SB 399.

The motion prevailed by the following vote: Yeas 23, Nays 7, Present-not voting 1.

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

Nays: Barrientos, Bivins, Gallegos, Sibley, Staples, Truan, Whitmire.

Present-not voting: Mr. President.

PHYSICIAN OF THE DAY

Senator Sibley was recognized and presented Dr. Robert Matthews of Eastland as the Physician of the Day.

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

Tuesday, May 1, 2001

SENATE JOURNAL

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate seventh-grade students from O. Henry Middle School in Austin, accompanied by their teachers and parents.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Sibley was recognized and introduced to the Senate representatives of the Verkhovna Rada of Ukraine: Oleksandr Hudyma, Chairman of the Committee for Fuel and Energy Complex, Nuclear Policy and Nuclear Safety; Galina Dóntsova, Assistant to the Chairman; Yaroslav Fedóryn, People's Deputy of Ukraine; and Anatoli Bondarenko, Chief Consultant to the Committee Chairman; accompanied by Yelena Golbin, Deputy Program Manager, United States Energy Association; and Jason Hancock, Program Coordinator, United States Energy Association.

The Senate welcomed its guests.

RESOLUTIONS SIGNED

The President announced the signing of the following enrolled resolutions in the presence of the Senate: HCR 252, HCR 259, HCR 261.

SENATE BILL 361 WITH HOUSE AMENDMENTS

Senator Lucio called SB 361 from the President's table for consideration of the House amendments to the bill.

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

Floor Amendment No. 1

Amend SB 361, page 2, by striking subsection (e) in its entirety and replacing it with a new subsection (e) to read as follows:

(e) the governor shall designate a public member of the council as the chairman of the council to serve in that capacity at the pleasure of the governor.

Floor Amendment No. 2

Amend SB 361, by inserting on page 2, line 25 between "commissioner" and "shall" the following:

of the Department of Human Services

The amendments were read.

On motion of Senator Lucio, the Senate concurred in the House amendments to SB 361 by a viva voce vote.

(Senator Truan in Chair)

SENATE RESOLUTION 848

Senator Staples offered the following resolution:

WHEREAS, The Goodrich High School Hornets triumphed against the Nazareth High School Swifts 62-51 to claim their first-ever University Interscholastic League Class 1A Division II boys state basketball championship; and

77th Legislature — Regular Session 63rd Day

WHEREAS, During the 2001 season, the Hornets, who were ably led by head coach Lester King, compiled an impressive 35-3 record and notched their 10th District 29-A title in 11 years while qualifying for the playoffs for the 12th straight year; and

WHEREAS, At the championship game in Austin, the Hornets poured in 48 points in the paint and shot a stellar 58 percent from the floor to prevail over the Swifts; Goodrich was paced by tournament MVP Joe Henderson, who scored a game-high 25 points and pulled down 10 rebounds, as well as fellow all-tournament selection Josh Venson; and

WHEREAS, In the Texas State Cup, a battle against Division I Class 1A champion Evadale High School, Goodrich put up a valiant effort, rallying from a big first-half deficit to climb within three points, before eventually falling to the Rebels; and

WHEREAS, This stellar season would not have been possible without the contributions of all the talented Hornets, including Michael Wright, Tim Grant, Darryl Woods, Joe Henderson, Johnathan Brown, Randy McGowen, Jeremy Walker, Robert Roth, and Josh Venson; the team also received invaluable support from principal Craig Ruby and superintendent Dr. James Boyce; and

WHEREAS, The state championship is an appropriate culmination to the Hornets' superb season, and it is a privilege to commend the young champions of the Goodrich High School boys basketball team at this time; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby congratulate the Goodrich High School basketball team on its University Interscholastic League Class 1A Division II boys state championship and extend to its members and coaches best wishes for continued success; and, be it further

RESOLVED, That an official copy of this Resolution be prepared for the Goodrich High School boys basketball team as an expression of high regard 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 Staples, the resolution was adopted by a viva voce vote.

GUESTS PRESENTED

Senator Staples was recognized and introduced to the Senate the Goodrich Hornets University Interscholastic League Class 1A Division II champion boys basketball team: Josh Venson, Jeremy Walker, Randy McGowen, Johnathan Brown, Joe Henderson, Darryl Woods, Tim Grant, Robert Roth, and Michael Wright, accompanied by Coach Lester King, Principal Craig Ruby, and Superintendent of Goodrich Independent School District Dr. James Boyce.

The Senate welcomed its guests.

SENATE BILL 743 WITH HOUSE AMENDMENT

Senator Lucio called SB 743 from the President's table for consideration of the House amendment to the bill.

Tuesday, May 1, 2001

SENATE JOURNAL

The Presiding Officer laid the bill and the House amendment before the Senate.

Committee Amendment No. 1

Amend SB 743 as follows:

(1)  Add the following new appropriately numbered SECTIONS:

SECTION _____. Subchapter B, Chapter 54, Education Code, is amended by adding Section 54.069 to read as follows:

Sec. 54.069.  FOREIGN SERVICE OFFICERS. A foreign service officer employed by the United States Department of State and enrolled in an institution of higher education is entitled to pay the tuition and fees at the rates provided for Texas residents if the person is assigned to an office of the department of state that is located in a foreign nation that borders on this state.

SECTION _____ . Section 56.053(a), Education Code, is amended to read as follows:

(a)  The governing board of each institution shall adopt rules providing for the terms of the loan, subject to the following:

(1)  the loan must be repaid over a period not to exceed 90 days for a loan made for a regular semester or long summer session or over a proportionately shorter period for loans made for a six-week summer session;

(2)  the loan must be evidenced by a promissory note that bears interest at a rate of not more than five percent per year; and

(3)  the maximum loan amount per student may not be greater [less ] than an amount equal to the tuition and required fees for the courses in which the student is actually enrolling.

(2)  Strike SECTION 2 of the bill and substitute the following appropriately numbered SECTION:

SECTION _____. (a) The change in law made by this Act to Section 54.060, Education Code, applies beginning with tuition charged for the 2001 fall semester.

(b)  Section 54.069, Education Code, as added by this Act, applies beginning with tuition charged for the 2001 fall semester.

(c)  The change in law made by this Act to Section 56.053, Education Code, applies to each emergency student loan made under Subchapter D, Chapter 56, Education Code, on or after the effective date of this Act.

The amendment was read.

Senator Lucio moved to concur in the House amendment to SB 743.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

CONCLUSION OF MORNING CALL

The Presiding Officer, Senator Truan in Chair, at 10:50 a.m. announced the conclusion of morning call.

77th Legislature — Regular Session 63rd Day

COMMITTEE SUBSTITUTE

SENATE BILL 344 ON THIRD 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 third reading and final passage:

CSSB 344, Relating to the rates of the gas and oil severance taxes.

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

RECORD OF VOTES

Senators Barrientos, Bernsen, Gallegos, Shapleigh, Truan, and West asked to be recorded as voting "Nay" on the final passage of CSSB 344.

Senators Moncrief and Ogden asked to be recorded as "Present-not voting" on the final passage of CSSB 344.

(President in Chair)

SENATE JOINT RESOLUTION 49 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:

SJR 49, Proposing a constitutional amendment to promote uniformity in the collection, deposit, reporting, and remitting of civil and criminal fees.

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

SENATE JOINT RESOLUTION 49 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 SJR 49 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

The resolution was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Tuesday, May 1, 2001

SENATE JOURNAL

COMMITTEE SUBSTITUTE

SENATE BILL 1377 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:

CSSB 1377, Relating to the authority of the state auditor to review the use of money collected as court costs.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1377 ON THIRD READING

Senator Armbrister moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1377 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

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

SENATE BILL 1654 ON SECOND READING

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

SB 1654, Relating to the provision of defense counsel to insureds by liability insurers; providing a civil penalty.

There was objection.

Senator Bernsen then moved to suspend the regular order of business and take up SB 1654 for consideration at this time.

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

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

Nays: Haywood, Staples, Wentworth.

Present-not voting: Mr. President.

Absent: Duncan, Fraser.

The bill was read second time.

77th Legislature — Regular Session 63rd Day

Senator Bernsen offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 1654 by striking all below the enacting clause and substituting the following:

SECTION 1.  Subtitle B, Title 2, Insurance Code, is amended by adding Chapter 104 to read as follows:

CHAPTER 104. PROVISION OF DEFENSE COUNSEL

BY LIABILITY INSURERS

Sec. 104.001.  DEFINITIONS. In this chapter:

(1)  "Defense counsel" means an attorney or law firm retained or engaged by an insurer for the purpose of representing an insured under an insurance policy.

(2)  "Insurer" means any partnership, corporation, association, or other group, however organized, that issues any form of liability insurance, whether primary insurance coverage, excess insurance coverage, or umbrella insurance coverage. The term includes a Lloyd's plan, reciprocal or interinsurance exchange, county mutual insurance company, or farm mutual insurance company.

(3)  "Litigation-management guideline" means a rule or guideline issued by an insurer to a defense counsel provided by the insurer to an insured for the purpose of directing how the counsel conducts the representation of the insured or records and bills time for conducting the representation of the insured. The term does not include a request by the insurer for the defense counsel to provide information regarding the date of an activity, the individual responsible for an activity, the amount of time expended on an activity, or a reasonable and brief description of an activity.

Sec. 104.002.  APPLICABILITY OF CHAPTER. This chapter applies only to an insurer that issues a liability insurance policy:

(1)  to or covering any resident of this state;

(2)  covering liability incurred by an insured in this state; or

(3)  under which the insurer provides legal representation to an insured in a claim or action pending in this state.

Sec. 104.003.  CERTAIN GUIDELINES PROHIBITED. (a) An insurer may not submit to a defense counsel a litigation-management guideline that requires or suggests that a defense counsel perform an activity that:

(1)  interferes with:

(A)  the counsel's duty of loyalty to the insured;

(B)  the counsel's duty to exercise independent professional judgment; or

(C)  the attorney-client relationship between the counsel and the insured; or

(2)  would result in a waiver of any privilege of the insured.

(b)  The types of litigation-management guidelines prohibited by this section include guidelines that require or suggest that a defense counsel should or must obtain the insurer's approval before performing a task or incurring an expense to represent and protect the insured.

(c)  This section does not prohibit an insurer from disputing the reasonableness or necessity of attorney's fees or expenses after receiving a fee invoice submitted by a defense counsel.

Tuesday, May 1, 2001

SENATE JOURNAL

Sec. 104.004.  CERTAIN CONTRACT PROVISIONS VOID. (a) A provision in a contract between an insurer and a defense counsel or between an insurer and an insured that violates Section 104.003 is void.

(b)  A waiver by an insured of a provision of Section 104.003 is void.

(c)  If a contract provision is void because the provision violates Section 104.003, the remaining provisions of the contract are valid and enforceable to the extent permitted by other law.

Sec. 104.005.  DAMAGES; INJUNCTIVE RELIEF. (a) An insured may bring an action against an insurer to:

(1)  recover any actual damages proximately suffered by the insured because of a violation of Section 104.003; and

(2)  obtain injunctive relief to prevent the threatened or continued violation of Section 104.003.

(b)  An insurer that, based on a litigation-management guideline that violates this chapter, refuses to pay all or part of a defense counsel's fee or expenses for the representation of an insured is liable to the counsel and the insured for the reasonable value of any unpaid legal services or expenses provided by the counsel in the representation of the insured.

(c)  A court shall award reasonable and necessary attorney's fees to a person who recovers damages or obtains injunctive relief under this section.

Sec. 104.006.  CIVIL PENALTY. (a) An insurer who violates Section 104.003 is liable for a civil penalty. A civil penalty assessed under this section may not exceed:

(1)  $5,000 for the first or second act of violation; or

(2)  $10,000 for the third and each subsequent act of violation.

(b)  At the commissioner's request, the attorney general shall file and prosecute a civil suit in a district court in Travis County to recover a civil penalty under this section.

SECTION 2.  This Act applies only to conduct that occurs on or after the effective date of this Act. Conduct that occurred before that date is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTION 3.  This Act takes effect September 1, 2001.

The amendment was read.

Senator Wentworth offered the following amendment to the amendment:

Floor Amendment No. 2

Amend Floor Amendment No. 1 to SB 1654 as follows:

(1) On page 2, lines 18-22, strike added Section 104.003(b), Insurance Code.

(2) On page 2, line 23, strike "(c)" and substitute "(b)".

The amendment to the amendment was read and failed of adoption by the following vote:  Yeas 7, Nays 22, Present-not voting 1.

Yeas: Armbrister, Carona, Haywood, Lucio, Shapiro, Staples, Wentworth.

Nays: Barrientos, Bernsen, Bivins, Brown, Cain, Ellis, Fraser, Gallegos, Harris, Jackson, Lindsay, Madla, Moncrief, Nelson, Ogden, Shapleigh, Sibley, Truan, Van de Putte, West, Whitmire, Zaffirini.

Present-not voting: Mr. President.

Absent: Duncan.

77th Legislature — Regular Session 63rd Day

Question recurring on the adoption of Floor Amendment No. 1, the amendment was adopted by a viva voce vote.

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

SB 1654 as amended was passed to engrossment by a viva voce vote.

RECORD OF VOTE

Senator Haywood asked to be recorded as voting "Nay" on the passage of SB 1654 to engrossment.

SENATE BILL 1654 ON THIRD READING

Senator Bernsen moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1654 be placed on its third reading and final passage.

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

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

Nays: Haywood, Wentworth.

Present-not voting: Mr. President.

Absent: Duncan.

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

RECORD OF VOTE

Senator Haywood asked to be recorded as voting "Nay" on the final passage of SB 1654.

GUESTS PRESENTED

Senator Sibley was recognized and introduced to the Senate fourth-grade students from Moody Elementary School in Moody, accompanied by their teachers and parents.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Cain was recognized and introduced to the Senate a group of honor society students from Italy Junior High School in Italy.

The Senate welcomed its guests.

Tuesday, May 1, 2001

SENATE JOURNAL

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 1, 2001

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

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

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

SB 149, Relating to the colleges and universities eligible to participate in the tuition equalization grant program.

(Amended)

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

HB 360 (viva-voce vote)

HB 675 (144 Ayes, 0 Nays, 1 Present Not Voting)

HB 906 (viva-voce vote)

HB 1130 (145 Ayes, 0 Nays, 1 Present Not Voting)

HB 1545 (viva-voce vote)

HB 1664 (140 Ayes, 0 Nays, 2 Present Not Voting)

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

COMMITTEE SUBSTITUTE

SENATE BILL 1581 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 1581, Relating to certain practices in connection with a home loan.

The bill was read second time.

(Senator Bernsen in Chair)

Senator West offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1581 as follows:

(1)  In Subchapter B, Chapter 343, Finance Code, as added by SECTION 1 of the bill (Committee Printing, page 2, between lines 23 and 24), insert:

Sec. 343.105.  RESTRICTIONS ON SINGLE PREMIUM CREDIT INSURANCE. A lender may not offer any individual or group credit life, disability, or

77th Legislature — Regular Session 63rd Day

unemployment insurance on a prepaid single premium basis in conjunction with a home loan unless the following notice is provided to each applicant for the loan by hand delivery or mail to the applicant not later than the third business day after the date the applicant's application for a home loan is received:

INSURANCE NOTICE TO APPLICANT

You may elect to purchase credit life, disability, or involuntary unemployment insurance in conjunction with this mortgage loan. If you elect to purchase this insurance coverage, you may pay for it either on a monthly premium basis or with a single premium payment at the time the lender closes this loan. If you choose the single premium payment, the cost of the premium will be financed at the interest rate provided for in the mortgage loan.

This insurance is NOT required as a condition of closing the mortgage loan and will be included with the loan only at your request.

You have the right to cancel this credit insurance once purchased. If you cancel it within 30 days of the date of your loan, you will receive either a full refund or a credit against your loan account. If you cancel this insurance at any other time, you will receive either a refund or credit against your loan account of any unearned premium. YOU MUST CANCEL WITHIN 30 DAYS OF THE DATE OF THE LOAN TO RECEIVE A FULL REFUND OR CREDIT.

To assist you in making an informed choice, the following estimates of premiums are being provided along with an example of the cost of financing. The examples assume that the term of the insurance product is _____ years and that the interest rate is _____ percent (a rate that has recently been available for the type of loan you are seeking). PLEASE NOTE THAT THE ACTUAL LOAN TERMS YOU QUALIFY FOR MAY VARY FROM THIS EXAMPLE. "Total amount paid" is the amount that would be paid if you financed only the total insurance premium for a _____ year period and is equal to the amount you would have paid if you made all scheduled payments. This is NOT the total of payments on your loan.

CREDIT LIFE INSURANCE: Estimated premium of $_____

DISABILITY INSURANCE: Estimated premium of $_____

INVOLUNTARY UNEMPLOYMENT INSURANCE: Estimated premium of $_____

TOTAL INSURANCE PREMIUMS: $_____

TOTAL AMOUNT PAID: $_____

(2)  At the end of Subchapter B, Chapter 343, Finance Code, as added by SECTION 1 of the bill (Committee Printing, page 2, line 24), strike "[Sections 343.105-343.200 reserved for expansion]" and substitute "[Sections 343.106-343.200 reserved for expansion]"

(3)  Add the following sentence at the end of Subsection (b) of SECTION 2 of the bill (Committee Printing, page 3, line 22): Section 343.105, Finance Code, as added by this Act, applies only to a loan closed on or after the later of January 1, 2002, or the date the Texas Department of Insurance approves a product allowing lenders to offer individual or group credit life or credit disability insurance complying with that section and certifies to the Finance Commission of Texas that this coverage is available.

The amendment was read.

Tuesday, May 1, 2001

SENATE JOURNAL

(President in Chair)

On motion of Senator West and by unanimous consent, Floor Amendment No. 1 was temporarily withdrawn.

On motion of Senator West and by unanimous consent, further consideration of CSSB 1581 was postponed to a time certain of 12:30 p.m. today.

Question—Shall CSSB 1581 be passed to engrossment?

COMMITTEE SUBSTITUTE

SENATE BILL 1413 ON SECOND READING

On motion of Senator Lindsay 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 1413, Relating to the limit on compensation paid by the state to certain crime victims.

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

COMMITEE SUBSTITUTE

SENATE BILL 1413 ON THIRD READING

Senator Lindsay moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1413 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

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

(Senator Truan in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 1520 ON SECOND READING

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

CSSB 1520, Relating to the fee collected for the registration of vehicles in certain counties.

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

77th Legislature — Regular Session 63rd Day

COMMITTEE SUBSTITUTE

SENATE BILL 1520 ON THIRD READING

Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1520 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

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

(Senator Bivins in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 1160 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:

CSSB 1160, Relating to the location of new veterans homes.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1160 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 CSSB 1160 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

Tuesday, May 1, 2001

SENATE JOURNAL

(President in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 1100 ON SECOND READING

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

CSSB 1100, Relating to the establishment and operation of pilot centers for the advancement of quality in long-term care.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1100 ON THIRD READING

Senator Moncrief moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1100 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

(Senator Sibley in Chair)

SENATE BILL 1564 ON SECOND READING

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

SB 1564, Relating to the funding of emergency medical services by municipalities with a population of 5,000 or more in counties with a population of less than 60,000.

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

77th Legislature — Regular Session 63rd Day

SENATE BILL 1564 ON THIRD READING

Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1564 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

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

(President in Chair)

SENATE BILL 1467 ON SECOND READING

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

SB 1467, Relating to coverage for tests for the detection of colorectal cancer under certain health benefit plans.

The bill was read second time and was passed to engrossment by the following vote: Yeas 27, Nays 3, Present-not voting 1.

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

Nays: Harris, Jackson, Ogden.

Present-not voting: Mr. President.

SENATE BILL 1467 ON THIRD READING

Senator Moncrief moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1467 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 26, Nays 4, Present-not voting 1.

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

Nays: Harris, Jackson, Ogden, Wentworth.

Present-not voting: Mr. President.

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

Tuesday, May 1, 2001

SENATE JOURNAL

RECORD OF VOTES

Senators Harris, Jackson, and Ogden asked to be recorded as voting "Nay" on the final passage of SB 1467.

COMMITTEE SUBSTITUTE

SENATE BILL 1581 ON SECOND READING

The President laid before the Senate CSSB 1581 on its second reading. The bill was read second time, an amendment was offered and withdrawn, and further consideration was postponed to a time certain of 12:30 p.m. today.

CSSB 1581, Relating to certain practices in connection with a home loan.

Question—Shall CSSB 1581 be passed to engrossment?

Senator West again offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1581 as follows:

(1)  In Subchapter B, Chapter 343, Finance Code, as added by SECTION 1 of the bill (Committee Printing, page 2, between lines 23 and 24), insert:

Sec. 343.105.  RESTRICTIONS ON SINGLE PREMIUM CREDIT INSURANCE. A lender may not offer any individual or group credit life, disability, or unemployment insurance on a prepaid single premium basis in conjunction with a home loan unless the following notice is provided to each applicant for the loan by hand delivery or mail to the applicant not later than the third business day after the date the applicant's application for a home loan is received:

INSURANCE NOTICE TO APPLICANT

You may elect to purchase credit life, disability, or involuntary unemployment insurance in conjunction with this mortgage loan. If you elect to purchase this insurance coverage, you may pay for it either on a monthly premium basis or with a single premium payment at the time the lender closes this loan. If you choose the single premium payment, the cost of the premium will be financed at the interest rate provided for in the mortgage loan.

This insurance is NOT required as a condition of closing the mortgage loan and will be included with the loan only at your request.

You have the right to cancel this credit insurance once purchased. If you cancel it within 30 days of the date of your loan, you will receive either a full refund or a credit against your loan account. If you cancel this insurance at any other time, you will receive either a refund or credit against your loan account of any unearned premium. YOU MUST CANCEL WITHIN 30 DAYS OF THE DATE OF THE LOAN TO RECEIVE A FULL REFUND OR CREDIT.

To assist you in making an informed choice, the following estimates of premiums are being provided along with an example of the cost of financing. The examples assume that the term of the insurance product is _____ years and that the interest rate is _____ percent (a rate that has recently been available for the type of loan you are seeking). PLEASE NOTE THAT THE ACTUAL LOAN TERMS YOU QUALIFY FOR MAY VARY FROM THIS EXAMPLE. "Total amount paid" is the amount that would be paid if you financed only the total insurance premium for a _____ year period and is equal to the amount you would have paid if you made all scheduled payments. This is NOT the total of payments on your loan.

77th Legislature — Regular Session 63rd Day

CREDIT LIFE INSURANCE: Estimated premium of $_____

DISABILITY INSURANCE: Estimated premium of $_____

INVOLUNTARY UNEMPLOYMENT INSURANCE: Estimated premium of $_____

TOTAL INSURANCE PREMIUMS: $_____

TOTAL AMOUNT PAID: $_____

(2)  At the end of Subchapter B, Chapter 343, Finance Code, as added by SECTION 1 of the bill (Committee Printing, page 2, line 24), strike "[Sections 343.105-343.200 reserved for expansion]" and substitute "[Sections 343.106-343.200 reserved for expansion]"

(3)  Add the following sentence at the end of Subsection (b) of SECTION 2 of the bill (Committee Printing, page 3, line 22): Section 343.105, Finance Code, as added by this Act, applies only to a loan closed on or after the later of January 1, 2002, or the date the Texas Department of Insurance approves a product allowing lenders to offer individual or group credit life or credit disability insurance complying with that section and certifies to the Finance Commission of Texas that this coverage is available.

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

Senator Harris offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 1581 by striking Section 343.102.

The amendment was read and was adopted by the following vote: Yeas 16, Nays 13, Present-not voting 2.

Yeas: Armbrister, Bivins, Carona, Fraser, Harris, Haywood, Jackson, Lucio, Madla, Nelson, Ogden, Shapiro, Sibley, Staples, Wentworth, Zaffirini.

Nays: Barrientos, Bernsen, Cain, Duncan, Ellis, Gallegos, Lindsay, Moncrief, Shapleigh, Truan, Van de Putte, West, Whitmire.

Present-not voting: Brown, Mr. President.

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

CSSB 1581 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 1581 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 1581 be placed on its third reading and final passage.

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

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

Tuesday, May 1, 2001

SENATE JOURNAL

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

Nays: Wentworth.

Present-not voting: Mr. President.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1173 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 1173, Relating to authorizing the issuance of not more than $9 million in revenue bonds for the benefit of the Fleet Admiral Chester W. Nimitz Memorial Naval Museum.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1432 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 1432, Relating to truancy and the authority of justice and municipal courts in relation to children; providing criminal penalties.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1432 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 1432 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

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

77th Legislature — Regular Session 63rd Day

(Senator Ellis in Chair)

COMMITTEE SUBSTITUTE

HOUSE BILL 966 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 third reading:

CSHB 966, Relating to requiring the Health and Human Services Commission to study ways to allow appropriated money to follow an individual who is leaving institutional care and will need community-based services.

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

COMMITTEE SUBSTITUTE

HOUSE BILL 966 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 CSHB 966 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

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

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 1, 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 3343, Relating to the operation and funding of certain group coverage programs for certain school and educational employees and their dependents.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

Tuesday, May 1, 2001

SENATE JOURNAL

(President in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 1485 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 1485, Relating to state financing of the development and production of Texas biotechnological and biomedical products and small businesses; providing for the issuance of bonds.

The bill was read second time.

Senator Shapleigh offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1485 as follows:

(1)  In Subsection (a), Section 403.403, Government Code, as added by SECTION 1 of the bill (Committee Printing, page 1, line 45), strike "six" and substitute "eight".

(2)  At the end of Subdivision (2), Subsection (b), Section 403.403, Government Code, as added by SECTION 1 of the bill (Committee Printing, page 1, line 54), strike "; and" and substitute ";".

(3)  At the end of Subdivision (3), Subsection (b), Section 403.403, Government Code, as added by SECTION 1 of the bill (Committee Printing, page 1, line 57), strike the period and substitute the following:

; and

(4)  two persons who reside in a county of this state with above state average unemployment and below state average per capita income and who have experience and knowledge in technology-related business growth.

(4)  In Subsection (c), Section 403.403, Government Code, as added by SECTION 1 of the bill (Committee Printing, page 1, line 59 and line 60), strike each occurrence of "three" and substitute "four".

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

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

CSSB 1485 as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 1485 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 1485 be placed on its third reading and final passage.

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

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

77th Legislature — Regular Session 63rd Day

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

Nays: Wentworth.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

SENATE BILL 304 WITH HOUSE AMENDMENTS

Senator Lucio called SB 304 from the President's table for consideration of the House amendments to the bill.

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

Floor Amendment No. 1

Amend SB 304 by adding the following section to the bill, appropriately numbered, and renumbering the subsequent sections of the bill appropriately:

SECTION _____. Subchapter B, Chapter 21, Transportation Code, is amended by adding Section 21.069 to read as follows:

Sec. 21.069.  STATE AIRPORT IN CENTRAL TEXAS. (a) The State Aircraft Pooling Board shall establish and maintain in Central Texas an airport open to the general public for the use of licensed aircraft. The State Aircraft Pooling Board shall move its headquarters to the state airport in Central Texas.

(b)  In determining the appropriate location for a state airport in Central Texas, the State Aircraft Pooling Board shall consider:

(1)  the convenience, comfort, and accommodation of air traffic flying into and departing from the Central Texas region, including persons traveling for business and commerce reasons, government officials, and tourists;

(2)  in the interest of cost efficiency, property with existing airport facilities; and

(3)  the safe operation of aircraft flying into and departing from the Central Texas region.

(c)  The State Aircraft Pooling Board may acquire property by eminent domain that the board considers necessary to enable it to meet its responsibilities under this section.

(d) The State Aircraft Pooling Board may not consider for the purposes of this section any property in a municipality without the approval of the governing body of the municipality. The State Aircraft Pooling Board may not consider for the purposes of this section any property outside of municipalities without the approval of the commissioners court of the county in which the property is located.

(e) The State Aircraft Pooling Board may not consider for the purposes of this section any property owned by the most populous municipality in the region if the property was previously used as an airport.

Floor Amendment No. 1 on Third Reading

Amend SB 304 on third reading, in proposed Section 21.069(a), Transportation Code, as added by the Wilson amendment on 2nd reading, after "The State Aircraft

Tuesday, May 1, 2001

SENATE JOURNAL

Pooling Board" and before "move its headquarters", by striking "shall" and substituting "may".

The amendments were read.

Senator Lucio moved that the Senate do not concur in the House amendments, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.

The motion prevailed.

The President asked if there were any motions to instruct the conference committee on SB 304 before appointment.

There were no motions offered.

The President announced the appointment of the following conferees on the part of the Senate on the bill: Senators Lucio, Chair; Fraser, Madla, Jackson, and Armbrister.

COMMITTEE SUBSTITUTE

SENATE BILL 1569 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 1569, Relating to the Judicial Retirement System of Texas Plan One and the Judicial Retirement System of Texas Plan Two.

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

COMMITTEE SUBSTITUTE

SENATE BILL 1569 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 1569 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

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

77th Legislature — Regular Session 63rd Day

SENATE BILL 1797 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:

SB 1797, Relating to an exemption from the licensure provisions of The Texas Engineering Practice Act for certain research or instructional work.

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

SENATE BILL 1797 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 SB 1797 be placed on its third reading and final passage.

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

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

Nays: Wentworth.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

HOUSE BILL ON FIRST READING

The following bill received from the House was read first time and referred to the committee indicated:

HB 3343 to Committee on Education.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Brown and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Natural Resources might consider the following bills today: HB 3355, HB 2793.

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 the following bills tomorrow: HB 1799, HB 3343, HB 1532.

Tuesday, May 1, 2001

SENATE JOURNAL

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolution

HCR 253 (President Ratliff), In memory of Madge Anna Stewart Keeton of Austin.

Congratulatory Resolutions

SR 837 by Shapiro, Congratulating Gladys Harrington of Plano.

SR 839 by Ellis, Commending the Montrose Clinic in Houston.

SR 840 by Ellis, Congratulating Stacy Dukes of Austin.

SR 841 by Ellis, Congratulating Adell Maxie, Jr., of Houston.

SR 843 by Barrientos, Congratulating the Reverend William C. Spong of Austin.

SR 844 by Carona, Bivins, and Gallegos, Commending the Caring for Children Foundation of Texas, Incorporated, and the Care Van Program.

SR 845 by Ellis, Congratulating Julian O. Read.

SR 846 by Lindsay and Ellis, Congratulating Dr. Kenneth L. Mattox of Houston.

SR 847 by Cain, Congratulating Vince Leibowitz.

SR 849 by Harris, Congratulating Dee Ann Wooldridge.

SR 850 by Harris, Congratulating Terri Barnes.

SR 851 by Harris, Congratulating Rose Elliott.

SR 852 by Harris, Congratulating Karena Williams.

SR 853 by Harris, Congratulating Liz Lawler.

SR 854 by Harris, Congratulating Ralph Houy.

SR 855 by Harris, Congratulating Steven Jagielski.

SR 856 by Harris, Congratulating Holly Franz.

SR 857 by Harris, Congratulating Tina Lyons.

SR 858 by Harris, Congratulating Melvia Ehrhart.

SR 859 by Harris, Congratulating Dave Perry.

SR 860 by Harris, Congratulating Greg White.

SR 861 by Harris, Congratulating Rebecca Spaulding.

SR 862 by Harris, Congratulating Cynthia Cadena.

SR 863 by Harris, Congratulating Deborah Flynn.

SR 864 by Harris, Congratulating Barbara D. Frazier.

SR 865 by Harris, Congratulating Diana Kucera.

SR 866 by Harris, Congratulating Brenda McGeorge.

SR 867 by Harris, Congratulating Walter Keasler.

77th Legislature — Regular Session 63rd Day

SR 868 by Harris, Congratulating Catherine Farrah.

SR 869 by Harris, Congratulating Emily Holt.

SR 870 by Harris, Congratulating Katie Goodspeed.

SR 871 by Harris, Congratulating Amelia Harden.

SR 872 by Harris, Congratulating Joyce Hill.

SR 873 by Harris, Congratulating Suann Claunch.

HCR 14 (Moncrief), Congratulating Christopher Smith on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 15 (Moncrief), Congratulating Joe Scott on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 16 (Moncrief), Congratulating Connie Griffin on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 17 (Moncrief), Congratulating Brian S. Hussey on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 18 (Moncrief), Congratulating Janet Moyer on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 19 (Moncrief), Congratulating Iris Betancourt on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 20 (Moncrief), Congratulating Willie Cormier on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 21 (Moncrief), Congratulating Diana Worie on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 22 (Moncrief), Congratulating Valorie Jones on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 23 (Moncrief), Congratulating Margareth Santos on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 24 (Moncrief), Congratulating James Bell on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 25 (Moncrief), Congratulating Mildred Davis on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 26 (Moncrief), Congratulating Tony Thomas on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 27 (Moncrief), Congratulating Bryan Carter on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 28 (Moncrief), Congratulating Michael Banta on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 51 (Moncrief), Congratulating Sharon Williams on being named a Fort Worth Independent School District Outstanding Teacher.

Tuesday, May 1, 2001

SENATE JOURNAL

HCR 52 (Moncrief), Congratulating Candria Morgan on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 53 (Moncrief), Congratulating Leo Jones on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 54 (Moncrief), Congratulating Arthurlyn Morgan on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 55 (Moncrief), Congratulating Barbara Harvey on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 56 (Moncrief), Congratulating Susan Vasser on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 57 (Moncrief), Congratulating Lou Johnson on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 58 (Moncrief), Congratulating Debra Borowy on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 59 (Moncrief), Congratulating Ella Boyd on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 60 (Moncrief), Congratulating Becky Richards on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 61 (Moncrief), Congratulating Stephanie Carter on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 62 (Moncrief), Congratulating Janet Azzarello on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 63 (Moncrief), Congratulating Panzia Pullam-Brown on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 64 (Moncrief), Congratulating Laura Garrison on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 65 (Moncrief), Congratulating Angela Bryant on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 66 (Moncrief), Congratulating Jacqueline Skinner on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 67 (Moncrief), Congratulating Uri Wren on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 68 (Moncrief), Congratulating Sharon Massey on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 69 (Moncrief), Congratulating Sonya J. Manning on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 70 (Moncrief), Congratulating Linda Pendergrass on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 71 (Moncrief), Congratulating Esther Terry on being named a Fort Worth Independent School District Outstanding Teacher.

77th Legislature — Regular Session 63rd Day

HCR 72 (Moncrief), Congratulating Deborah Huckaby on being named a Fort Worth Independent School District Outstanding Teacher.

HCR 73 (Moncrief), Congratulating Daryle Moffett on being named a Fort Worth Independent School District Outstanding Teacher.

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

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

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

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

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

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

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

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

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

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

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

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

HCR 158 (Moncrief), Honoring Brenda F. Eddington as as Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 159 (Moncrief), Honoring Patricia Donahue as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 160 (Moncrief), Honoring Cletis Cabbil as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 161 (Moncrief), Honoring Jennifer L. Collins as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 162 (Moncrief), Honoring Norma Garza as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 163 (Moncrief), Honoring Linda James as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

Tuesday, May 1, 2001

SENATE JOURNAL

HCR 164 (Moncrief), Honoring Robert Johnson as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 165 (Moncrief), Honoring Kay M. Gray as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 166 (Moncrief), Honoring Linda Searl-Inglehart as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 167 (Moncrief), Honoring Kent R. Wooley as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 168 (Moncrief), Honoring Jody Medcalf as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 169 (Moncrief), Honoring Janice Pratt as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 170 (Moncrief), Honoring Claudier Reece as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 171 (Moncrief), Honoring Bertha Thomas-Jones as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 172 (Moncrief), Honoring Freida Lee as as Outstanding Teacher of the Fort Worth Independent School District for 2001.

HCR 173 (Moncrief), Honoring Xavier LaTreace Bailey as an Outstanding Teacher of the Fort Worth Independent School District for 2001.

Designation Resolution

SR 842 by Truan, Recognizing May, 2001, as Remembrance, Armed Forces, and Veteran Appreciation Month in the State of Texas.

ADJOURNMENT

On motion of Senator Truan, the Senate at 1:18 p.m. adjourned, in memory of John V. McMillan of Fort Worth, until 10:00 a.m. tomorrow.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

May 1, 2001

NATURAL RESOURCES — CSSB 1573, CSSB 1655, CSSB 1806, CSHB 987, CSHB 1784

77th Legislature — Regular Session 63rd Day

HEALTH AND HUMAN SERVICES — HB 100, HB 402, HB 482, HB 1175, HB 1478, HB 1901, HB 2437, HB 3335, HB 3556, HCR 8

NATURAL RESOURCES — CSSB 1686

HEALTH AND HUMAN SERVICES — CSHB 391, CSHB 3450

BUSINESS AND COMMERCE — SCR 45, HB 198, HB 1989, HB 1506, HB 1162, HB 551, HB 251, HB 269

JURISPRUDENCE — HB 483, HB 591, HB 593, HB 594, HB 1233, HB 1245 (Amended), HB 1266, HB 1376, HB 1452, HB 1876, HB 2158, HB 2299, HB 2381, HB 2610, HB 2621, CSSB 1417, CSSB 1585, SB 1787, CSHB 822

SIGNED BY GOVERNOR

April 30, 2001

SB 302

SENT TO GOVERNOR

May 1, 2001

SB 54, SB 68, SB 98, SB 201, SB 276, SB 301, SB 335, SB 462, SB 519, SB 665, SB 718, SB 788, SB 884, SB 945, SB 966, SB 969, SB 1147, SB 1287, SCR 25, SCR 29