Thursday, May 10, 2001

SENATE JOURNAL

SEVENTIETH DAY

Thursday, May 10, 2001

PROCEEDINGS

The Senate met at 9:00 a.m. pursuant to adjournment and was called to order by the President.

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

Absent-excused: Staples.

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

The Reverend Kenneth A. Allen, Mount Zion First Baptist Church, San Antonio, accompanied by his wife, Sandra Coaxum-Allen, offered the invocation as follows:

Thou, whose unmeasured temple stands,

Built over earth and sea,

Accept the walls that human hands

Have raised, O God, to Thee.

Lord, from Thine inmost glory send,

Within these courts to bide,

The peace that dwelleth without end

Serenely by Thy side.

(William Cullen Bryant "Dedication")

O gracious God, in whose presence we eternally dwell, in this fleeting moment we pause to acknowledge Your presence and Your power. We pause to acknowledge Your sovereignty and Your providence. Even as we gather with grateful hearts on this glorious day, we seek Your guidance.

Let justice be the order of the day. Let liberty, morality, opportunity, compassion, excellence, and higher levels of achievement be the principles that govern the deliberations of this body. Most of all, we ask You to infuse each legislator and staff member with an abiding sense of selflessness and purpose. We present these petitions with the assurance that You hear and answer prayer. In Thy holy name we pray. 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.

77th Legislature — Regular Session 70th Day

LEAVE OF ABSENCE

On motion of Senator Truan, Senator Staples was granted leave of absence for today on account of a death in the family.

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 15 to Committee on State Affairs.

HB 31 to Committee on Criminal Justice.

HB 43 to Committee on Health and Human Services.

HB 45 to Committee on Business and Commerce.

HB 149 to Committee on State Affairs.

HB 154 to Committee on Health and Human Services.

HB 287 to Committee on Criminal Justice.

HB 428 to Committee on State Affairs.

HB 503 to Committee on State Affairs.

HB 539 to Committee on Jurisprudence.

HB 541 to Committee on Veteran Affairs and Military Installations.

HB 547 to Committee on Criminal Justice.

HB 563 to Committee on State Affairs.

HB 568 to Committee on Finance.

HB 588 to Committee on Jurisprudence.

HB 674 to Committee on Intergovernmental Relations.

HB 715 to Committee on Jurisprudence.

HB 779 to Committee on Natural Resources.

HB 811 to Committee on State Affairs.

HB 964 to Committee on Business and Commerce.

HB 1051 to Committee on Jurisprudence.

HB 1082 to Committee on Business and Commerce.

HB 1143 to Committee on Education.

HB 1144 to Committee on Education.

HB 1315 to Committee on Jurisprudence.

HB 1317 to Committee on Natural Resources.

HB 1359 to Committee on Education.

HB 1447 to Committee on Finance.

HB 1450 to Committee on State Affairs.

HB 1451 to Committee on Jurisprudence.

HB 1537 to Committee on Health and Human Services.

HB 1560 to Committee on State Affairs.

HB 1585 to Committee on Criminal Justice.

HB 1610 to Committee on Business and Commerce.

HB 1617 to Committee on Criminal Justice.

HB 1633 to Committee on Jurisprudence.

HB 1649 to Committee on Criminal Justice.

HB 1689 to Committee on Intergovernmental Relations.

HB 1694 to Committee on Finance.

HB 1706 to Committee on Business and Commerce.

HB 1732 to Committee on Intergovernmental Relations.

HB 1761 to Committee on Business and Commerce.

Thursday, May 10, 2001

SENATE JOURNAL

HB 1776 to Committee on Education.

HB 1831 to Committee on State Affairs.

HB 1872 to Committee on State Affairs.

HB 1887 to Committee on Health and Human Services.

HB 1890 to Committee on Intergovernmental Relations.

HB 1912 to Committee on Intergovernmental Relations.

HB 1913 to Committee on Business and Commerce.

HB 2043 to Committee on Education.

HB 2119 to Committee on State Affairs.

HB 2124 to Committee on State Affairs.

HB 2168 to Committee on State Affairs.

HB 2230 to Committee on Criminal Justice.

HB 2240 to Committee on Education.

HB 2260 to Committee on Intergovernmental Relations.

HB 2306 to Committee on Intergovernmental Relations.

HB 2323 to Committee on Education.

HB 2340 to Committee on Intergovernmental Relations.

HB 2341 to Committee on Intergovernmental Relations.

HB 2365 to Committee on Finance.

HB 2368 to Committee on Jurisprudence.

HB 2504 to Committee on State Affairs.

HB 2518 to Committee on Natural Resources.

HB 2606 to Committee on State Affairs.

HB 2638 to Committee on Jurisprudence.

HB 2645 to Committee on Jurisprudence.

HB 2650 to Committee on Health and Human Services.

HB 2719 to Committee on Natural Resources.

HB 2763 to Committee on Business and Commerce.

HB 2827 to Committee on Business and Commerce.

HB 2950 to Committee on Business and Commerce.

HB 2978 to Committee on Education.

HB 3073 to Committee on Intergovernmental Relations.

HB 3153 to Committee on Health and Human Services.

HB 3184 to Committee on Intergovernmental Relations.

HB 3203 to Committee on Jurisprudence.

HB 3209 to Committee on Natural Resources.

HB 3296 to Committee on Jurisprudence.

HB 3347 to Committee on Intergovernmental Relations.

HB 3364 to Committee on Intergovernmental Relations.

HB 3391 to Committee on Finance.

HB 3433 to Committee on State Affairs.

HB 3441 to Committee on State Affairs.

HB 3527 to Committee on Natural Resources.

HB 3528 to Committee on Natural Resources.

HB 3552 to Committee on Intergovernmental Relations.

HB 3691 to Committee on Intergovernmental Relations.

HB 3693 to Committee on Natural Resources.

HB 3695 to Committee on Intergovernmental Relations.

HB 3696 to Committee on Intergovernmental Relations.

HCR 117 to Committee on State Affairs.

77th Legislature — Regular Session 70th Day

COMMITTEE CHAIR APPOINTED

In accordance with Senate Rule 13.02, the President appointed Senator Truan as Chair of the Committee of the Whole Senate.

COMMITTEE OF THE WHOLE SENATE

On motion of Senator Truan and by unanimous consent, the Senate at 9:24 a.m. resolved into a Committee of the Whole Senate with Senator Truan presiding.

IN LEGISLATIVE SESSION

The President called the Senate to order at 11:25 a.m. as In Legislative Session.

PHYSICIAN OF THE DAY

Senator Cain was recognized and presented Dr. Lee Schreiber of Bonham as the Physician of the Day.

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

MESSAGE FROM THE GOVERNOR

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

Austin, Texas

May 10, 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 GOVERNING BOARD OF THE TEXAS SCHOOL FOR THE DEAF for terms to expire as indicated below:

To expire January 31, 2003:

Theresa Johnson

5522 Pecangate Drive

Spring, Texas 77373

(replacing Polly Walton of Beaumont whose term expired)

To expire January 31, 2007:

Kenneth D. Kesterson

1207 Driver Road

Big Spring, Texas 79720

(replacing Kent Kennedy of Austin who resigned)

Respectfully submitted,

/s/Rick Perry

Governor

Thursday, May 10, 2001

SENATE JOURNAL

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 10, 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 1945, Relating to the rulemaking authority of the commissioner of insurance.

HB 2098, Relating to the punishment for the offense of unlawful restraint.

HB 2107, Relating to the recovery of stranded costs and the crediting of negative stranded costs.

HB 2522, Relating to requiring the Texas Department of Transportation to establish and maintain a state airport in Central Texas.

HB 2570, Relating to alternative compensatory criteria for promotion to certain grade levels in public school.

HB 2578, Relating to the subpoena and investigative authority of the Texas Lottery Commission for the regulation of bingo.

HB 2735, Relating to the certification and licensing of court interpreters; providing penalties.

HB 2759, Relating to the date by which a school district must file its annual audit report with the Texas Education Agency.

HB 2776, Relating to the establishment of a colonia self-help program.

HB 2800, Relating to the restoration of forfeited good conduct time.

HB 2807, Relating to a demonstration project to extend Medicaid coverage to certain low-income individuals.

HB 2871, Relating to rate rollback for certain lines of insurance.

HB 2921, Relating to requiring verification of information regarding potentially ineligible voters produced for a county by a private business entity.

HB 3452, Relating to the continuation and functions of the Texas Department of Economic Development and the operation, funding, and administration of economic development programs.

HB 3623, Relating to the transfer of certain underused real property owned or controlled by the state to political subdivisions for use as affordable and accessible housing.

77th Legislature — Regular Session 70th Day

HB 3631, Relating to implementation of policies requiring successful performance on assessment instruments for advancement to certain grade levels in public schools.

HCR 280, In memory of the Honorable Carlos Cristian Cadena of San Antonio.

HJR 44, Proposing a constitutional amendment authorizing the legislature to authorize taxing units other than school districts to exempt certain travel trailers from ad valorem taxation.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

SENATE RESOLUTION 1030

Senator Ogden offered the following resolution:

WHEREAS, Dr. David W. Hale is retiring as pastor of Northside Baptist Church in Corsicana, bringing to a close an outstanding career of dedicated service to congregations in a number of Texas towns; and

WHEREAS, A graduate of Baylor University, where he earned a bachelor's degree, he also completed the rigorous requirements of a master of divinity degree and a doctor of divinity degree from Southwest Baptist Theological Seminary in Fort Worth; and

WHEREAS, Responding to a call to serve the Baptist Church, Dr. Hale was the pastor of congregations in Gatesville, Powell, and Karnes City before moving to Corsicana in 1971; and

WHEREAS, Dr. Hale shares his time and energy as a member of the Latham Springs Baptist Encampment Board and the Mission Funding Committee of the Baptist General Convention of Texas; he has further served his faith in many leadership roles, including as executive board member of the Baptist General Convention of Texas, as president of the Corsicana Ministerial Alliance, and in several positions with the Corsicana Baptist Association; his civic volunteerism has encompassed the presidency of the Corsicana Kiwanis Club and chairmanships of the Navarro Regional Hospital Board and the Corsicana Housing Authority; and

WHEREAS, Dr. Hale exemplifies the highest ideals of the ministerial profession; through the years, he has ably led his congregation with respect and affection, and it is a pleasure to honor him at this time; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend Dr. David W. Hale for his distinguished service with Northside Baptist Church of Corsicana and extend to him sincere best wishes for a happy and rewarding retirement; and, be it further

RESOLVED, That an official copy of this Resolution be prepared for Dr. Hale 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 Ogden, the resolution was adopted by a viva voce vote.

Thursday, May 10, 2001

SENATE JOURNAL

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate Dr. David W. Hale and his wife, Beverly, accompanied by friends from the City of Corsicana.

The Senate welcomed its guests.

SENATE CONCURRENT RESOLUTION 55

The President laid before the Senate the following resolution:

WHEREAS, The Legislature of the State of Texas takes pride in congratulating Texas A&M University—Kingsville, formerly Texas A&I University, Texas College of Arts and Industries, South Texas State Teachers College, and South Texas State Normal College, on the celebration of its 75th anniversary in the Year 2000 and on the excellent educational opportunities it provides the young people of our state, nation, and beyond; and

WHEREAS, Located in the heart of Kingsville and at the gate of the legendary King Ranch, Texas A&M University—Kingsville opened its doors in 1925 as "South Texas State Normal College" with an emphasis on education and the teaching profession and has continued to grow and expand its mission to meet the educational needs of the region, today offering 56 bachelor's degrees in 52 fields of study and 60 graduate degrees in 38 areas, enabling more than 50,000 students to achieve degrees over the past 75 years; and

WHEREAS, The Javelina was first adopted as mascot in August, 1926, and the spirit and tradition of the Javelina has been a continuing presence at the university; and

WHEREAS, With teaching at the very heart of the institution since its founding, the university established a bilingual education program to work with students whose native language was Spanish, leading the university in 1975 to become the first in the nation to offer a doctoral degree program in bilingual education, and later introduced a joint doctoral degree program in educational leadership with Texas A&M University—Corpus Christi; and

WHEREAS, In 75 years, about one-third of the degrees awarded by now Texas A&M University—Kingsville have been in the field of education and many graduates remain in South Texas as teachers and administrators, further serving the South Texas-Border area; and

WHEREAS, The School of Agriculture was created in 1930, which established a citrus research center in the Rio Grande Valley following World War II that developed the Texas Ruby Red Grapefruit and, today, is conducting pioneering research in biotechnology involving gene transfer; and

WHEREAS, The School of Liberal Arts was created in 1930, which is now known as the College of Arts and Sciences and as the university's most inclusive college, contributes the largest dimension of academic course work and offers the most classes; and

WHEREAS, Texas A&M University—Kingsville's ROTC program evolved from the special classes for the military offered by the university in 1942, to the formation of the University ROTC Cadet Corps in 1951 and presently the Reserve Officers Training Corps; and

WHEREAS, Courses in business administration started in 1925, and courses were added until the fall of 1930, when the curriculum began to diversify and expand in 1948 as the School of Business Administration added courses to prepare students for examinations leading to professional certifications and in 1965 brought data processing to its curriculum and in 1994 as the College of Business Administration

77th Legislature — Regular Session 70th Day

introduced computer information systems, offering 17 courses in computer programming and data base operations; and

WHEREAS, In 1930 an engineering program began to develop and later through the efforts of the late Dr. Frank H. Dotterweich, then "Texas A&I University" became the only institution in the United States to offer a degree in petroleum and natural gas engineering, and developed the odor that made natural gas a safe fuel for home use; a new state-of-the-art $15 million Javelina Engineering Complex will be open for classes in Fall, 2001, housing most of the current engineering faculty, labs, and departments; and

WHEREAS, A new horticulture doctoral program began in Spring, 2001, and the university is currently awaiting approval of a new doctorate in environmental engineering and a recent memorandum of understanding with Texas A&M University strengthened the civil and industrial engineering graduate degree offerings; and

WHEREAS, Texas A&M University—Kingsville's athletic program can boast of a number of firsts that are not related to winning games and meets, as the first integrated college in the State of Texas with a black football player and among the first four-year institutions in the state to have women's athletics; and their outstanding intercollegiate athletic teams have brought national prominence with a football program that has earned seven national championships, as well as a women's basketball team that competed this year in the prestigious Elite 8, Lone Star Conference championships, and play-off invitations in women's and men's basketball and baseball, national champions from track and field and cross-country, and conference-competitive volleyball and softball teams; and

WHEREAS, Texas A&M University—Kingsville currently boasts seven alumni in the Texas Legislature, including Senator Carlos F. Truan, Dean of the Texas Senate; Senator J. E. "Buster" Brown; Senator Eddie Lucio, Jr.; State Representative Irma Rangel; State Representative Tom Uher; State Representative Dora Olivo and State Representative Ignacio Salinas, Jr.; and

WHEREAS, In 1989, Senate Bill 122 was filed in the Texas Senate by Senator Truan, and sponsored by Representative Rangel in the Texas House of Representatives, to unite Texas A&I University with The Texas A&M University System; the bill was approved on May 17, 1989, and was effective September 1, 1989, and on that same day four years later, September 1, 1993, the institution officially became "Texas A&M University—Kingsville"; now, therefore, be it

RESOLVED, That the 77th Legislature of the State of Texas hereby congratulates Texas A&M University—Kingsville for providing an outstanding educational environment since 1925, and for its innumerable contributions to the State of Texas; and, be it further

RESOLVED, That a copy of this Resolution be prepared for Marc Cisneros, President, Texas A&M University—Kingsville, D. V. Guerra, President, Javelina Alumni Association, and The Texas A&M University System Board of Regents for their contributions to Texas A&M University—Kingsville and as an expression of high regard from the Texas Legislature.

TRUAN

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 considered immediately and was adopted by a viva voce vote.

Thursday, May 10, 2001

SENATE JOURNAL

GUESTS PRESENTED

Senator Truan was recognized and introduced to the Senate Marc Cisneros, President, Texas A&M University—Kingsville; Dr. Kermeta J. "Kay" Clayton, Senior Vice-president and Provost; J. Philip McCormick, Chair, Texas A&M University—Kingsville Foundation; D. V. Guerra, Jr., President, Javelina Alumni Association; and Natasha Croom, President, Student Government; accompanied by a delegation of alumni from Texas A&M University—Kingsville.

The Senate welcomed its guests.

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 31, SB 34, SB 52, SB 71, SB 73, SB 74, SB 77, SB 125, SB 145, SB 152, SB 164, SB 171, SB 256, SB 270, SB 282, SB 289, SB 327, SB 347, SB 370, SB 386, SB 558, SB 600, SB 605, SB 613, SB 632, SB 636, SB 656, SB 660, SB 661, SB 685, SB 725, SB 726, SB 732, SB 753, SB 837, SB 863, SB 870, SB 874, SB 875, SB 911, SB 936, SB 939, SB 1023, SB 1034, SB 1046, SB 1065, SB 1073, SB 1080, SB 1089, SB 1094, SB 1095, SB 1127, SB 1144, SB 1154, SB 1167, SB 1168, SB 1202, SB 1319, SB 1338, SB 1339, SB 1410, SB 1419, SB 1433, SB 1456, SB 1547, SB 1629, SB 1640, SB 1681, SCR 34, HB 16, HB 261, HB 444, HB 822, HB 1132, HB 1178, HCR 196, HCR 272, HCR 276, HCR 277, HJR 52, HJR 53.

GUESTS PRESENTED

Senator Lucio was recognized and introduced to the Senate members of Leadership Hidalgo Class 2001, accompanied by Joe Guerra, President of the Hidalgo Chamber of Commerce.

The Senate welcomed its guests.

(Senator Brown in Chair)

(President in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 1839 ON SECOND READING

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

CSSB 1839, relating to certain long-term care facilities.

The motion prevailed by the following vote: Yeas 23, Nays 6, Present-not voting 1.

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

Nays: Fraser, Harris, Jackson, Nelson, Shapiro, Sibley.

Present-not voting: Mr. President.

Absent-excused: Staples.

The bill was read second time.

77th Legislature — Regular Session 70th Day

Senator Moncrief offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1839 (committee printing) as follows:

(1)  In Section 242.853, Health and Safety Code, as added by SECTION 9.01 of the bill, in Subdivision (2), strike "five" and substitute "three".

(2)  In Section 242.853, Health and Safety Code, as added by SECTION 9.01 of the bill, in Subdivision (3), strike "14" and substitute "three".

MONCRIEF

DUNCAN

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

Senator Moncrief offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 1839 (committee printing) in Section 242.852, Health and Safety Code, as added by SECTION 9.01 of the bill, in Subsection (b), between "equal to" and "six percent," by inserting "an amount that is not more than".

MONCRIEF

DUNCAN

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

Senator Duncan offered the following amendment to the bill:

Floor Amendment No. 3

Amend CSSB 1839 (committee printing) as follows:

(1)  In SECTION 5.06 of the bill, strike the recital and substitute the following:

SECTION 5.06. Subsection (b), Section 4, Article 21.49-3, Insurance Code, is amended by amending Subdivision (1) and adding Subdivision (6) to read as follows:

(2)  In SECTION 5.06 of the bill, in amended Subdivision (1), Subsection (b), Section 4, Article 21.49-3, Insurance Code, at the beginning of the first sentence, strike "The" and substitute "Subject to Subdivision (6) of this subsection, the [The ]".

(3)  In SECTION 5.06 of the bill, following amended Subdivision (1), Subsection (b), Section 4, Article 21.49-3, Insurance Code, insert the following:

(6)  The rates applicable to professional liability insurance provided by the association that cover nursing homes that are not for profit must reflect a discount of 30 percent from the rates for the same coverage provided to others in the same category of insureds. The commissioner shall ensure compliance with this subdivision.

DUNCAN

MONCRIEF

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

Thursday, May 10, 2001

SENATE JOURNAL

Senator Duncan offered the following amendment to the bill:

Floor Amendment No. 4

Amend CSSB 1839 (senate committee printing) as follows:

(1)  In SECTION 10.02 of the bill, at the end of Subdivision (1)(B), between the semicolon and "and" (page 16, line 56), insert the following new Subdivision (2):

(2)  whether the Medicaid rate component applicable to institutions' reimbursement for professional liability insurance costs is adequate;

(2)  Renumber subdivisions of SECTION 10.02 appropriately.

DUNCAN

MONCRIEF

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

Senator Duncan offered the following amendment to the bill:

Floor Amendment No. 5

Amend CSSB 1839 by amending SECTION 6.02(b) on page 9 line 2 (Committee Printing) by striking the word "department" and replacing it with "Health and Human Services Commission, in conjunction with the Texas Department of Insurance,"

DUNCAN

MONCRIEF

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

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

CSSB 1839 as amended was passed to engrossment by the following vote: Yeas 20, Nays 9, Present-not voting 1.

Yeas: Armbrister, Bernsen, Bivins, Brown, Cain, Duncan, Ellis, Gallegos, Haywood, Lindsay, Lucio, Madla, Moncrief, Ogden, Shapleigh, Truan, Van de Putte, Wentworth, West, Zaffirini.

Nays: Barrientos, Carona, Fraser, Harris, Jackson, Nelson, Shapiro, Sibley, Whitmire.

Present-not voting: Mr. President.

Absent-excused: Staples.

COMMITTEE SUBSTITUTE

SENATE BILL 1839 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 1839 be placed on its third reading and final passage.

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

77th Legislature — Regular Session 70th Day

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

Nays: Barrientos, Fraser, Harris, Nelson, Sibley.

Present-not voting: Mr. President.

Absent-excused: Staples.

The bill was read third time and was passed by the following vote: Yeas 18, Nays 11, Present-not voting 1.

Yeas: Bernsen, Bivins, Cain, Duncan, Ellis, Gallegos, Haywood, Lindsay, Lucio, Madla, Moncrief, Ogden, Shapleigh, Truan, Van de Putte, Wentworth, West, Zaffirini.

Nays: Armbrister, Barrientos, Brown, Carona, Fraser, Harris, Jackson, Nelson, Shapiro, Sibley, Whitmire.

Present-not voting: Mr. President.

Absent-excused: Staples.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 10, 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 79, Relating to uniform election dates.

(Committee Substitute/Amended)

SB 140, Relating to the appointment of a person who has a history of abuse or neglect as a sole managing conservator.

(Committee Substitute/Amended)

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

(Committee Substitute/Amended)

SB 626, Relating to liens on certain property related to certain criminal offenses and the effect of forfeiture of that property; providing penalties.

(Committee Substitute)

SB 637, Relating to the creation of a local government transportation corporation by a navigation district.

(Amended)

SB 865, Relating to the changing of an ad valorem tax appraisal roll.

(Amended)

Thursday, May 10, 2001

SENATE JOURNAL

SB 873, Relating to infrastructure planning in certain urban counties.

(Committee Substitute/Amended)

SB 980, Relating to the imposition by a municipality of a moratorium on property development in certain circumstances.

(Amended)

SB 1043, Relating to creating a committee to appoint a poet laureate, a state musician, and state artists.

(Committee Substitute)

SB 1096, Relating to economic incentives to attract horse racing events of national significance.

SB 1140, Relating to reemployment of a member of the state military forces by a private employer.

SB 1175, Relating to the administration of the weather modification program and grants for weather modification and control activities.

SB 1806, Relating to the sale and lease of vacant and unsurveyed public school land.

(Amended)

SCR 55, Congratulating Texas A&M University-Kingsville.

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

HB 587 (90 Ayes, 55 Nays, 1 Present Not Voting)

HB 1245 (viva-voce vote)

HB 1600 (viva-voce vote)

HB 3567 (147 Ayes, 0 Nays, 1 Present Not Voting)

THE HOUSE HAS REFUSED TO CONCUR IN SENATE AMENDMENTS TO THE FOLLOWING MEASURES AND REQUESTS THE APPOINTMENT OF A CONFERENCE COMMITTEE TO ADJUST THE DIFFERENCES BETWEEN THE TWO HOUSES:

HB 757

House Conferees: Coleman - Chair/Delisi/Glaze/Gray/Uresti

HB 772

House Conferees: Haggerty - Chair/Allen/Ellis, Dan/Hodge/Ritter

HB 987

House Conferees: Oliveira - Chair/Chavez/Ramsay/Raymond/Salinas

HB 3343

House Conferees: Sadler - Chair/Hochberg/Marchant/Pitts/Tillery

THE HOUSE HAS GRANTED THE REQUEST OF THE SENATE FOR THE APPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWING MEASURES:

SB 415

House conferees: Naishtat - Chair/Averitt/Eiland/Smithee/Wohlgemuth

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

77th Legislature — Regular Session 70th Day

HOUSE BILL 1640 ON SECOND READING

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

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

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

HOUSE BILL 1640 ON THIRD READING

Senator Truan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1640 be placed on its third reading and final passage.

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

Present-not voting: Mr. President.

Absent-excused: Staples.

The bill was read third time and was passed by the following vote: Yeas 29, Nays 0, Present-not voting 1. (Same as previous roll call)

COMMITTEE SUBSTITUTE

SENATE BILL 557 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 557, Relating to overtime compensation for certain municipal police department officers and civilian employees.

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

COMMITTEE SUBSTITUTE

SENATE BILL 557 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 557 be placed on its third reading and final passage.

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

Present-not voting: Mr. President.

Absent-excused: Staples.

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

Thursday, May 10, 2001

SENATE JOURNAL

SENATE RULES SUSPENDED

(Posting Rules)

On motion of Senator West and by unanimous consent, Senate Rule 11.10 and Senate Rule 11.18 were suspended in order that the Committee on Jurisprudence might meet and consider the following bills tomorrow:

HB 2152, HB 3203, HB 2367, HB 1363, HB 539, HB 638, HB 3694, HB 1566, HB 715, HB 3192.

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 2045, HB 3023, HB 3315, HB 3628, HB 3629, HB 66, HB 71.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Shapiro and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on State Affairs might consider the following bills today:

HB 7, HB 811, HB 1428, HB 1450, HB 1831, HB 3323, HB 2616, HB 3433, HB 249.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Sibley and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Business and Commerce might consider the following bills today: HB 2763, HB 2537.

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 and resolution tomorrow:

HB 1645, HB 3313, HB 3303, HB 1144, HB 1143, HB 1776, HB 2879, HB 1721, HB 1755, HB 660, HB 2510, HB 2816, SCR 56.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Wentworth and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Redistricting might consider HB 150 today.

SENATE RULES SUSPENDED

(Posting Rules)

On motion of Senator Cain and by unanimous consent, Senate Rule 11.10 and Senate Rule 11.18 were suspended in order that the Committee on Administration might meet and consider the following resolutions today: HCR 236, SCR 53.

77th Legislature — Regular Session 70th Day

GUESTS PRESENTED

Senator Haywood was recognized and introduced to the Senate students from Harrold High School in Harrold.

The Senate welcomed its guests.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Moncrief and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Health and Human Services might consider the following bills today:

HB 43, HB 1537, HB 1887, HB 2650, HB 3153.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Ellis and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Finance might consider the following bills and resolution today:

HB 2153, HB 2957, HB 1692, HB 1447, HB 568, HCR 138.

MOTION TO ADJOURN

On motion of Senator Truan, the Senate at 2:23 p.m. agreed to adjourn, upon completion of the introduction of bills and resolutions on first reading, in memory of Trooper Richard Dale Cottle of Woodway, until 8:00 a.m. tomorrow.

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 1945 to Committee on Business and Commerce.

HB 2098 to Committee on Criminal Justice.

HB 2107 to Committee on Business and Commerce.

HB 2522 to Committee on State Affairs.

HB 2570 to Committee on Education.

HB 2578 to Committee on State Affairs.

HB 2735 to Committee on Jurisprudence.

HB 2759 to Committee on Education.

HB 2776 to Committee on Business and Commerce.

HB 2800 to Committee on Criminal Justice.

HB 2807 to Committee on Health and Human Services.

HB 2871 to Committee on Business and Commerce.

HB 2921 to Committee on State Affairs.

HB 3452 to Committee on Business and Commerce.

HB 3623 to Committee on Intergovernmental Relations.

HB 3631 to Committee on Education.

HJR 44 to Committee on Finance.

Thursday, May 10, 2001

SENATE JOURNAL

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

SR 1024 by Lucio, In memory of Rodolfo A. Villarreal, Sr., of Brownsville.

SR 1025 by Lucio, In memory of Maria del Carmen Pardo Barreda de Celaya of Brownsville.

Congratulatory Resolutions

SCR 59 by President Ratliff, Commending Betty Reese of Mount Pleasant.

SR 1002 by Madla, Congratulating Hannah Haseltine of San Antonio.

SR 1003 by Madla, Congratulating Steven Quintanilla of San Antonio.

SR 1004 by Madla, Congratulating L. Jared Capt of Uvalde.

SR 1005 by Madla, Congratulating Lauren Sellers of Converse.

SR 1006 by Madla, Congratulating Raquel Escatel of Harlandale.

SR 1007 by Cain, Congratulating Jonathan Braun of Rockwall.

SR 1008 by Cain, Congratulating Melissa Voss of Terrell.

SR 1009 by Cain, Congratulating Kristi Michels of Wills Point.

SR 1010 by Harris, Commending the AsiaTech@Austin 2001 Expo.

SR 1011 by Shapleigh, Congratulating Dr. Laurance N. Nickey of El Paso.

SR 1012 by Lindsay, Congratulating Michael Busch of Spring.

SR 1013 by Lindsay, Congratulating David Culver.

SR 1014 by Lindsay, Congratulating Cyrus Dumas.

SR 1015 by Lindsay, Congratulating Chad Getschmann.

SR 1016 by Lindsay, Congratulating Marshall Littrell.

SR 1017 by Lindsay, Congratulating Chris Foster of Spring.

SR 1018 by Lindsay, Congratulating William Roland "Wret" Elledge III, of Tomball.

SR 1019 by Lindsay, Congratulating Rodney Young of Katy.

SR 1020 by Lindsay, Commending the members of The Village Republican Women's Club.

SR 1021 by Lindsay, Congratulating Phillip Wilkening.

SR 1022 by Lindsay, Congratulating Ty David Crum of Houston.

SR 1023 by Lindsay, Congratulating Kevin John Kelly of Houston.

SR 1027 by Gallegos, Congratulating Katie DePitts of Houston.

SR 1028 by Gallegos, Barrientos, and Ogden, Congratulating Leonard Davis.

SR 1029 by Gallegos, Commending Charles H. Milby High School in Houston.

77th Legislature — Regular Session 70th Day

Designation Resolution

SR 1032 by West, Recognizing May, 2001, as National Drug Court Month.

ADJOURNMENT

Pursuant to a previously adopted motion, the Senate at 7:00 p.m. adjourned, in memory of Trooper Richard Dale Cottle of Woodway, until 8:00 a.m. tomorrow.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

May 10, 2001

NATURAL RESOURCES — HCR 105, HB 85, HB 819, HB 892, HB 1038, HB 787 (Amended), HB 981, HB 1110, HB 1838, HB 1909, HB 2091, HB 2246, HB 2362, HB 2586, HB 2947, HB 3034, HB 3096, HB 3483, HB 3635, HB 3640, HB 3642, HB 3674

BUSINESS AND COMMERCE — HB 548, HB 1047, HB 1351, HB 1562, HB 1592, HB 1995, HB 2029, HB 2327, HB 2331, HB 2495, HB 3015

JURISPRUDENCE — HB 65, HB 80, HB 374, HB 534, HB 535, HB 560, HB 628, HB 840, HB 947, HB 1037, HB 1073, HB 1420, HB 1515, HB 1999, HB 2087, HB 2112, HB 2550, HB 2788, HB 3144, HB 3174, HB 3356, HB 3662, HB 3678

FINANCE — CSHB 1839

EDUCATION — CSHB 1403, SB 1840, HJR 85, HB 1088, HB 1985, HB 2054, HB 2143, HB 2279, HB 2301, HB 2766, HB 3028, HB 3258, HB 3463, HB 3526, HB 3558, CSHB 3699

VETERAN AFFAIRS AND MILITARY INSTALLATIONS — CSHB 116, HCR 217, HCR 209, HB 3387, HB 2988, HB 2040

STATE AFFAIRS — CSHB 2, HB 2509 (Amended), CSHB 3067

JURISPRUDENCE — HB 2114 (Amended), CSHB 3586, CSHB 2557, CSHB 586

CRIMINAL JUSTICE — CSHB 236, CSSB 1724, HB 598 (Amended), CSHB 1659, CSHB 1323, CSHB 1287, HB 5, HB 73, HB 131, HB 156, HB 396, HB 805, HB 940, HB 1415, HB 1758, HB 1762, HB 2179, HB 2250, HB 2784, HB 2881, HB 2987, HB 2991, HB 3185, HB 3491, HB 3664, CSHB 171

BUSINESS AND COMMERCE — HB 2530 (Amended), CSHB 1794, CSHB 1243, CSHB 1161, CSHB 2498, CSHJR 5, CSHB 2295

Thursday, May 10, 2001

SENATE JOURNAL

STATE AFFAIRS — HB 407, HB 1811 (Amended), HB 1856 (Amended), HB 1599, HB 1669, HB 1678, HB 1996, HB 2058, HB 2391, HB 2475, CSSB 1831

BUSINESS AND COMMERCE — CSHB 196, CSHB 217, CSHB 259, HB 2139 (Amended), CSHB 2159, HB 3458 (Amended)

FINANCE — CSSB 1813

BUSINESS AND COMMERCE — HB 412, HCR 214, HB 3178, HB 2265, HCR 174, HB 1279, HB 3589, HB 2484, HB 1723, HB 2482, HB 2728, HB 2976, HB 1309, HB 1348, HB 2028, HB 2413, HB 2415, HB 2830, HB 2831, HB 3393, HB 2767

INTERGOVERNMENTAL RELATIONS — HB 83, HB 119, HB 170, HB 298, HB 351, HB 468, HB 602, HB 1394, HB 2405, HB 2167, HB 2173, HB 2270, HB 2273, HB 2347, HB 2559, HB 2579, HB 2587, HB 2751, HB 2756, HB 2758, HB 2782, HB 3312, HB 3285, HB 3162, HB 3161, HB 3121, HB 3055, HB 2972, HB 2873, HB 3333, HB 3451, HB 3603, HB 3627, HB 3633, HB 3634, HB 3646, HB 3649, HB 3666, HB 3677, HB 3680

SENT TO GOVERNOR

May 10, 2001

SB 31, SB 34, SB 52, SB 71, SB 73, SB 74, SB 77, SB 125, SB 145, SB 152, SB 164, SB 171, SB 256, SB 270, SB 282, SB 289, SB 327, SB 347, SB 370, SB 386, SB 558, SB 600, SB 605, SB 613, SB 632, SB 636, SB 656, SB 660, SB 661, SB 685, SB 725, SB 726, SB 732, SB 753, SB 837, SB 863, SB 870, SB 874, SB 875, SB 911, SB 936, SB 939, SB 1023, SB 1034, SB 1046, SB 1065, SB 1073, SB 1080, SB 1089, SB 1094, SB 1095, SB 1127, SB 1144, SB 1154, SB 1167, SB 1168, SB 1202, SB 1319, SB 1338, SB 1339, SB 1410, SB 1419, SB 1433, SB 1456, SB 1547, SB 1629, SB 1640, SB 1681, SCR 34