Friday, May 11, 2001

SENATE JOURNAL

SEVENTY-FIRST DAY

Friday, May 11, 2001

PROCEEDINGS

The Senate met at 8:00 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.

The Reverend Bill Henderson, Northwest Hills United Methodist Church, Austin, offered the invocation as follows:

O wondrous and loving God, we begin this day with joy that we are among the living, that we have breath to praise You, strength to serve You, and that You have allowed us positions of privilege and power to serve those whom You love. As You have blessed us with Your strong and tender mercies, may we bless those of our great state with careful and wise decisions.

In the rush of these remaining days of this session may Your holy spirit come upon this place and these people like the rush of a mighty wind. Empower them to do Your will, to follow the way of Your peace and justice, to give preference to the poor, the powerless, and the voiceless persons of need in our state. These halls and galleries are crowded with those who have narrow and special interests, O God, but endow these persons here to act for the good of all, that it is Your will that is done.

Grant Your wisdom and Your compassion to those who are in this place that they may serve You and those upon whose lives are here affected. Give these women and men the peace that comes with living in Your grace, in Your forgiveness, and in Your power. To Your holy name be the glory, and in Your holy spirit 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 71st Day

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 11, 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 63, Relating to the suspension of a person's driver's license following the person's arrest for certain intoxication offenses.

HB 115, Relating to the sale of a flood-damaged motor vehicle; providing penalties.

HB 125, Relating to the mathematics section of the exit-level assessment for high school students and the replacement of the Texas Academic Skills Program with a program using components of certain secondary exit-level assessment instruments.

HB 126, Relating to the prosecution of and the punishment for the offense of disorderly conduct involving unreasonable noise.

HB 141, Relating to the prosecution of and punishment for the offenses of kidnapping and aggravated kidnapping.

HB 152, Relating to a pilot program to provide for reduced undergraduate tuition during a summer term or session at certain institutions of higher education.

HB 182, Relating to the tax rate of the Sutton County Hospital District.

HB 218, Relating to the membership of a local workforce development board.

HB 267, Relating to the quality of legal representation in capital cases.

HB 284, Relating to service and contents of citation and answer in justice and small claims courts.

HB 299, Relating to speed limits on state highways.

HB 319, Relating to regulation of the use of laser pointers; providing a criminal penalty.

HB 331, Relating to requiring sex offenders released on community supervision, parole, or mandatory supervision to maintain a certain distance from any premises where children frequently gather.

HB 336, Relating to certain requirements in connection with the expenditure of child support payments.

HB 350, Relating to authorizing county residents to file legal action to ensure that a veterans county service office is maintained as separate and distinct from other county offices.


Friday, May 11, 2001

SENATE JOURNAL

HB 447, Relating to discipline of public school students.

HB 460, Relating to the penalty for the offense of prostitution.

HB 492, Relating to historical reenactments on premises permitted or licensed under the Alcoholic Beverage Code.

HB 511, Relating to making arrest warrants and certain affidavits made in support of the issuance of arrest warrants available for public inspection.

HB 512, Relating to the release on bond of certain persons arrested without a warrant.

HB 522, Relating to benefits for certain disabled peace officers.

HB 546, Relating to judicial training.

HB 558, Relating to restitution paid by a defendant to a children's advocacy center providing services to the defendant's victim.

HB 596, Relating to the modification of an order in a suit affecting the parent-child relationship; providing a penalty.

HB 599, Relating to the unlawful possession of a firearm by a person who has been adjudicated as having engaged in certain delinquent conduct.

HB 644, Relating to an election to abolish the salary grievance committee in certain counties.

HB 653, Relating to the prosecution of and punishment for the offense of cruelty to animals.

HB 694, Relating to eligibility for unemployment compensation benefits of certain sheltered workshop employees who are blind.

HB 704, Relating to the Careers to Classrooms Program.

HB 726, Relating to procedures and policies concerning the duration, eligibility for renewal, and assumption of costs of criminal justice grant projects.

HB 788, Relating to value-added processing of agricultural goods into fuel ethanol and biodiesel and the fuel ethanol and biodiesel incentive program.

HB 792, Relating to certain procedures regarding state bar disciplinary proceedings.

HB 798, Relating to the terms of an employment contract of a political subdivision.

HB 801, Relating to the implementation of a public education curriculum based on scientific research.

HB 803, Relating to reimbursement for services provided by registered nurse first assistants.

HB 824, Relating to the exemption from ad valorem taxation of property owned by certain nonprofit county fair associations.

HB 829, Relating to the eligibility of certain areas for certain colonia funding programs.

HB 838, Relating to the application of the open meetings law and the public information law to the governing body of an economic development corporation.


77th Legislature — Regular Session 71st Day

HB 887, Relating to the application for an exemption from ad valorem taxation on the homestead of a person who is 65 or older.

HB 910, Relating to the establishment of The Texas A&M University System Health Science Center South Texas Center for Rural Public Health.

HB 920, Relating to the adoption of the Uniform Parentage Act; providing penalties.

HB 949, Relating to premium rates for certain small employer health benefit plans.

HB 1014, Relating to faculty compensation policies at institutions of higher education.

HB 1026, Relating to naming certain state buildings.

HB 1034, Relating to disclosure of price information in a written advertisement for certain communications services or equipment; providing a civil penalty.

HB 1050, Relating to liens on real property in favor of governmental entities.

HB 1109, Relating to unemployment compensation contributions by certain employers of domestic workers.

HB 1121, Relating to eligibility for enrollment in certain law enforcement training programs.

HB 1124, Relating to establishing a community healthcare awareness and mentoring program for students.

HB 1125, Relating to transfer of certain railroad right-of-way.

HB 1138, Relating to the form of a proposal guaranty for a contract of the Texas Department of Transportation.

HB 1154, Relating to authorizing the Health and Human Services Commission to make grants to community-based organizations to provide support for long-term care services.

HB 1167, Relating to the form of examination of a child in a criminal or civil proceeding.

HB 1181, Relating to the punishment for the offense of obstruction or retaliation.

HB 1203, Relating to the purchase of certain insurance coverage by state agencies and to workers' compensation insurance benefits provided by certain state agencies.

HB 1213, Relating to creation and implementation by the Health and Human Services Commission of family-based alternatives to the institutionalization of children.

HB 1218, Relating to nutritional assistance for certain legal immigrants.

HB 1267, Relating to the investigation by a local law enforcement agency of certain reports alleging child abuse.

HB 1268, Relating to the appraisement of real property securing a mortgage loan; providing a criminal penalty.

HB 1276, Relating to use of a student's legal surname in a public school.

HB 1330, Relating to the provision of Internet service by regional education service centers.


Friday, May 11, 2001

SENATE JOURNAL

HB 1340, Relating to the liability of certain hospitals that provide charity care.

HB 1377, Relating to the requirements for a suit filed by the Department of Protective and Regulatory Services to terminate the parent-child relationship.

HB 1380, Relating to protecting, under the public information law, the identity of a victim of violence or threatened violence.

HB 1404, Relating to certain credit insurance policies.

HB 1418, Relating to certain employees of nursing homes and related institutions.

HB 1440, Relating to the eligibility of certain children for certain health benefit coverage.

HB 1468, Relating to the calculation of ad valorem tax rates for certain taxing units.

HB 1492, Relating to notice and marking requirements for certain antenna structures.

HB 1499, Relating to conditions imposed by a judge on a defendant placed on deferred adjudication community supervision.

HB 1505, Relating to the regulation of plumbing; providing a penalty.

HB 1575, Relating to student loan repayment assistance for certain dental hygienists.

HB 1594, Relating to allowing a train to stand on a street, railroad crossing, or highway.

HB 1606, Relating to the state law enforcement authority of certain federal border patrol agents.

HB 1609, Relating to the scheduled benefit review and utilization review.

HB 1654, Relating to the disclosure to the public of information in certain arrest warrants and the affidavits filed in connection with the application for those warrants.

HB 1709, Relating to assessments used to fund the Health Insurance Risk Pool; authorizing a premium tax credit.

HB 1715, Relating to the authority of certain county judges to engage in the private practice of law.

HB 1748, Relating to the creation of an unsolved crimes investigation team within the Department of Public Safety of the State of Texas.

HB 1752, Relating to motor vehicle insurance verification and creating the motor vehicle insurance verification program; providing criminal penalties.

HB 1766, Relating to administration of oaths in Texas.

HB 1793, Relating to the application of certain alcoholic beverage regulations to the holder of a food and beverage certificate.

HB 1820, Relating to the elimination of unnecessary county election precincts.

HB 1823, Relating to damages in an action for interception of communications.

HB 1848, Relating to securing the appearance of certain persons who have been released on bail; providing a criminal penalty.


77th Legislature — Regular Session 71st Day

HB 1883, Relating to limitations on certain powers exercised by an attorney in fact or agent with respect to an elderly principal under a durable power of attorney.

HB 1892, Relating to the threshold contract amount at which certain political subdivisions are required to engage in a competitive purchasing procedure and the criteria required to evaluate bidders in the competitive purchasing process.

HB 1915, Relating to an exemption from the requirement to have a fishing license for certain mentally retarded persons.

HB 1921, Relating to the continuation of adoption assistance after the 18th birthday of certain children.

HB 1928, Relating to the period of deferral in deferred disposition procedures applicable to traffic offenses.

HB 1949, Relating to the sale and dispensing of wine by winery permit holders.

HB 1968, Relating to permissible investments, under the Public Funds Investment Act, in certificates of deposit issued by certain financial institutions.

HB 2008, Relating to indoor air quality in buildings owned or leased by state or local government.

HB 2019, Relating to notice to personal automobile insurance policy holders of the consumer bill of rights published by the Texas Department of Insurance.

HB 2036, Relating to consumption on the premises of certain establishments licensed to sell alcoholic beverages.

HB 2042, Relating to proving a lack of consent in the prosecution of the offense of sexual assault.

HB 2065, Relating to the allocation of certain settlement money awarded to the state to appropriation accounts at the direction of the attorney general with the prior approval of the Legislative Budget Board.

HB 2076, Relating to the exemption of travel trailers from ad valorem taxation.

HB 2108, Relating to placement into a juvenile justice alternative education program of children with disabilities who receive special education services.

HB 2118, Relating to the requirements for high school graduation.

HB 2125, Relating to public school admission of military personnel and dependents under reciprocity agreements between states.

HB 2134, Relating to the regulation of motor vehicle emissions; providing penalties.

HB 2138, Relating to the confidentiality of the location or sale price of certain real property sold or purchased by the state.

HB 2154, Relating to charges for default on a motor vehicle retail installment contract.

HB 2155, Relating to the operation of state banks, state trust companies, and certain financial holding companies in the financial services industry.

HB 2164, Relating to the sale of Woodlawn by the State Preservation Board.


Friday, May 11, 2001

SENATE JOURNAL

HB 2186, Relating to charges assessed by a landlord under a commercial lease.

HB 2191, Relating to availability of health benefit plan coverage under the Texas Health Insurance Risk Pool.

HB 2205, Relating to attendance at juvenile justice alternative education programs.

HB 2215, Relating to the disannexation of certain areas annexed on or after December 1, 1996, by certain municipalities.

HB 2226, Relating to the certification by a chief appraiser of certain taxable properties not included in the initial appraisal roll for a taxing unit.

HB 2271, Relating to the regulation of certain facilities as solid waste facilities.

HB 2276, Relating to tuition rebate incentives for persons who complete certain degree and certificate programs without excessive credit hours.

HB 2288, Relating to the release of a criminal defendant on bail pending appeal.

HB 2351, Relating to requiring the corroboration of certain testimony in a criminal case involving controlled substances.

HB 2383, Relating to certain grounds for the denial of an application for, the refusal to renew, and the suspension of a license as a licensed chemical dependency counselor and for the restriction of a counselor intern.

HB 2388, Relating to the provision of telecommunications services to permanent residential or business premises that are not included in a certificated service area.

HB 2407, Relating to public access to certain information and materials.

HB 2410, Relating to the authority of a justice or municipal court to waive payment of fines and costs imposed on certain indigent defendants.

HB 2430, Relating to a consumer assistance program for health benefit plan consumers.

HB 2445, Relating to lifetime workers' compensation benefits for certain employees who suffer catastrophic burns.

HB 2452, Relating to the establishment of a medical board for University Interscholastic League athletic competitions and to parental involvement in decisions about student participation in the competitions.

HB 2453, Relating to conditions for issuance of certain revenue bonds by the Veterans' Land Board.

HB 2536, Relating to disciplinary action against certain police officers or firefighters.

HB 2544, Relating to the acquisition and disposition of land or another real property interest by a political subdivision.

HB 2561, Relating to creating the criminal offense of misuse of the property or services of a charter school.

HB 2582, Relating to customs brokers.

HB 2673, Relating to the collection and assessment of certain information by the Texas Workforce Commission.


77th Legislature — Regular Session 71st Day

HB 2682, Relating to the authority of certain municipalities to dedicate tax revenue from certain reinvestment zones.

HB 2687, Relating to the program for the regulation and remediation of underground and aboveground storage tanks.

HB 2706, Relating to a legislative, vacation, and sick leave time bank for certain peace officers and firefighters.

HB 2723, Relating to civil actions involving persons who file complaints with governmental agencies.

HB 2740, Relating to the distribution of money to certain counties for the payment of extraordinary costs of prosecution.

HB 2744, Relating to emergency services and rural fire prevention districts.

HB 2775, Relating to an exemption for certain students from the requirements of the Texas Academic Skills Program.

HB 2799, Relating to certain procedures for early voting by mail.

HB 2803, Relating to refund or retention by a landlord of a security deposit under a commercial lease.

HB 2806, Relating to disconnection of natural gas service.

HB 2808, Relating to the creation and powers of a North American Free Trade Agreement impact zone.

HB 2838, Relating to the application of child support payments that exceed the court-ordered amount.

HB 2878, Relating to requirements for a private club registration permit under the Alcoholic Beverage Code.

HB 2903, Relating to compensation for the training of and for services rendered at a polling place by certain election officers.

HB 2925, Relating to the use of a receipt issued by certain voter registration entities to a person on completing an application for voter registration.

HB 2926, Relating to the period that an ignition interlock device must remain installed on the vehicle of a person placed on community supervision for certain intoxication offenses.

HB 2962, Relating to obtaining bonds and insurance required for certain state construction projects.

HB 2964, Relating to the confidentiality of pleadings and protective order applications in certain proceedings in the Family Code.

HB 2970, Relating to hearing requirements for an application to develop land over a closed municipal solid waste landfill.

HB 2989, Relating to establishing an acanthosis nigricans screening program in certain public and private schools.

HB 3001, Relating to effective dates for tax abatements.


Friday, May 11, 2001

SENATE JOURNAL

HB 3012, Relating to the regulation of joint negotiations by physicians with health benefit plans.

HB 3027, Relating to resident tuition for certain nonresident students with a parent residing in the state.

HB 3036, Relating to the regulation of certain security personnel.

HB 3038, Relating to the employment of Medicaid recipients and to the enrollment of Medicaid recipients and state child health plan enrollees in certain group health benefit plans.

HB 3049, Relating to the use of interest earned on motor vehicle inventory tax escrow accounts.

HB 3066, Relating to the ballot issues of a local option election.

HB 3081, Relating to imposing liens on aircraft for nonpayment of fuel charges.

HB 3088, Relating to the creation and re-creation of funds and accounts in the state treasury, the dedication and rededication of revenue, and the exemption of unappropriated money from use for general governmental purposes.

HB 3140, Relating to eligibility for certain franchise tax credits.

HB 3147, Relating to allowing certain retirees of the Teacher Retirement System of Texas to be employed as principals without losing retirement benefits.

HB 3152, Relating to due process for physicians, dentists, and podiatrists in hospitals.

HB 3154, Relating to the establishment of an asthma and allergy research advisory committee in the Texas Department of Health.

HB 3164, Relating to standards for prekindergarten programs and coordination of resources among prekindergarten programs and other child-care programs.

HB 3171, Relating to the creation, composition, and operation of certain district courts.

HB 3205, Relating to the purchase or lease of certain motor vehicles by certain regional transit authorities.

HB 3210, Relating to the creation of a state self-sufficiency program for certain immigrants who are victims of battery or extreme cruelty.

HB 3235, Relating to the Pan American Games trust fund and revenue dedicated to that fund.

HB 3242, Relating to a permit to apply certain sludge on a land application unit.

HB 3244, Relating to authorizing the Texas Department of Health to temporarily transfer money appropriated for the purpose of a tobacco endowment program administered by the department to use for another tobacco endowment program administered by the department.

HB 3284, Relating to emissions requirements for certain motor vehicles in a fleet.

HB 3300, Relating to the adoption of the 21st Century Technology College and Careers Act.


77th Legislature — Regular Session 71st Day

HB 3305, Relating to changing the deadlines and authority for ordering the election and filing for candidacy in political subdivision elections.

HB 3324, Relating to the requirement that an ignition interlock device be installed on the vehicle of a person placed on community supervision for certain intoxication offenses.

HB 3325, Relating to rules adopted by the Supreme Court of Texas regarding the practice of law in this state by attorneys licensed in other jurisdictions.

HB 3348, Relating to the Texas Energy Resource Council; authorizing the imposition of an assessment on producers of oil, gas, and condensate.

HB 3349, Relating to providing a means by which abandoned property can be conveyed with clear title to be used for housing for low-income individuals or families.

HB 3444, Relating to health care benefit mandates and offer of coverage mandates.

HB 3455, Relating to provision of certain automobile damage information to an applicant for motor vehicle liability insurance.

HB 3469, Relating to establishing a medical school at Prairie View A&M University.

HB 3498, Relating to improving the collection of costs, fees, and fines in criminal cases.

HB 3504, Relating to sanctions imposed on certain persons following modification of parole or release on mandatory supervision.

HB 3505, Relating to the authority of the attorney general to fund the establishment of an information and notification system for crime victims with the compensation to victims of crime fund.

HB 3506, Relating to fees charged by a notary public.

HB 3530, Relating to a surety bond obtained for a public project and executed by a surety company.

HB 3578, Relating to the use of certain child care development funds for quality child care programs.

HB 3613, Relating to the sentencing of certain Class C habitual offenders.

HB 3667, Relating to insurance for certain volunteer fire departments.

HCR 89, Urging the congress of the United States and the United States Department of Transportation to give priority funding to the construction of the Rio Grande Valley segment of Interstate 69.

HCR 116, Directing the General Services Commission to rename the Jefferson County State School in Beaumont to honor former Representative Al Price.

HCR 122, Urging public schools to implement character education and citizenship programs that focus on basic documents of American democracy.

HCR 203, Granting RFD & Associates, Inc. permission to sue the State of Texas and the Office of Attorney General subject to Chapter 107, Civil Practices and Remedies Code.


Friday, May 11, 2001

SENATE JOURNAL

HCR 242, Granting Gulf Marine Institute of Technology permission to sue the state and the General Land Office.

HJR 60, Proposing a constitutional amendment relating to the rulemaking power of the supreme court.

HJR 89, Proposing a constitutional amendment allowing a county to construct, maintain, or improve in the county any street, road, or highway of a city, town, or village.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

HOUSE BILLS AND RESOLUTIONS ON FIRST READING

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

HB 63 to Committee on Criminal Justice.

HB 1654 to Committee on Criminal Justice.

HB 2065 to Committee on Finance.

HB 2134 to Committee on Natural Resources.

HB 2351 to Committee on Criminal Justice.

HB 2430 to Committee on Business and Commerce.

HB 2561 to Committee on Criminal Justice.

HB 2925 to Committee on State Affairs.

HB 2964 to Committee on Jurisprudence.

HB 2989 to Committee on Health and Human Services.

HB 3012 to Committee on Business and Commerce.

HB 3038 to Committee on Health and Human Services.

HB 3147 to Committee on Education.

HB 3164 to Committee on Education.

HB 3171 to Committee on Jurisprudence.

HB 3504 to Committee on Criminal Justice.

HB 3613 to Committee on Jurisprudence.

HJR 60 to Committee on Jurisprudence.

HJR 89 to Committee on Intergovernmental Relations.

BILLS SIGNED

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

HB 186, HB 362, HB 483, HB 587, HB 1376, HB 1924, HB 3318, HB 3415, HB 3556.

SENATE RULE 11.13 SUSPENDED

(Consideration of Bills in Committee)

On motion of Senator Armbrister and by unanimous consent, Senate Rule 11.13 was suspended to grant all committees permission to meet today while the Senate was in session.


77th Legislature — Regular Session 71st Day

SENATE RESOLUTION 1037

Senator Zaffirini offered the following resolution:

WHEREAS, In observance of Mother's Day, May 13, 2001, the Senate of the State of Texas takes great pride in recognizing the mothers of the 31 members of this distinguished body; and

WHEREAS, To further honor the occasion, the four women serving as senators in the 77th Legislature of the State of Texas will offer their colleagues copies of the newly printed Capitol Women, written by Nancy Baker Jones and Ruthe Winegarten and signed by Senators Judith Zaffirini, Jane Nelson, Florence Shapiro, and Leticia Van de Putte; and

WHEREAS, Capitol Women celebrates the achievements of women who have served in the Texas Legislature, beginning with Edith Wilmans, elected to the Texas House of Representatives in 1922, and Miss Margie E. Neal, elected to the Texas Senate in 1926; the volume offers a historical overview; and

WHEREAS, It is indeed fitting for the senators to honor on Mother's Day their own mothers, recognizing the invaluable contributions mothers make to our society; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby celebrate all mothers across Texas on the grand occasion of Mother's Day and commend authors Nancy Baker Jones and Ruthe Winegarten for their outstanding work on Capitol Women; and, be it further

RESOLVED, That a copy of this Resolution be prepared to mark this auspicious occasion.

ZAFFIRINI

NELSON

SHAPIRO

VAN DE PUTTE

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 Zaffirini, the resolution was adopted by a viva voce vote.

PHYSICIAN OF THE DAY

Senator Ogden was recognized and presented Dr. Haywood Robinson of College Station as the Physician of the Day.

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

SENATE RULE 7.12(a) SUSPENDED

(Printing of Bills)

On motion of Senator Cain and by unanimous consent, Senate Rule 7.12(a) was suspended for the following bills and the committee reports were ordered not printed: HB 2811, HB 2812, HB 2813.


Friday, May 11, 2001

SENATE JOURNAL

SENATE RULE 7.12(a) SUSPENDED

(Printing of Bills)

On motion of Senator Wentworth and by unanimous consent, Senate Rule 7.12(a) was suspended for the following bill and the committee report was ordered not printed: HB 150.

COMMITTEE CHAIR APPOINTED

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

SENATE RULE 2.01(b)

(Access to Senate Floor)

Senator Truan moved that in accordance with Senate Rule 2.01(b), the Senate Chamber be secured during the meeting of the Committee of the Whole Senate.

The motion prevailed without objection.

COMMITTEE OF THE WHOLE SENATE

On motion of Senator Truan and by unanimous consent, the Senate at 8:35 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 10:30 a.m. as In Legislative Session.

COMMITTEE OF THE WHOLE SENATE REPORT

Senator Brown was recognized and reported that the Committee of the Whole Senate had met and had conducted its business.

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:

SB 238, HB 1697, HB 1872, HB 2124, HB 2168, HB 2492, HB 2504, HB 2522, HB 3441.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Madla and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Intergovernmental Relations might consider the following bills and resolutions today:

HB 674, HB 1194, HB 1689, HB 2306, HB 2477, HB 2681, HB 2818, HB 3364, HB 3623, HB 3691, HB 3695, HCR 102, HJR 67, HB 3184, HB 2832, HB 3604, HB 3552, HB 2683, HB 1940, HB 3696.


77th Legislature — Regular Session 71st Day

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 bill and resolution today: HB 1694, HJR 44.

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 today: HB 1359, HB 2043.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

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

HB 2111, HB 588, HB 2735, HB 1451, HB 2638, HB 1137, HB 691, HB 1813, HB 2351, HB 1315, HB 792.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

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

HB 1617, HB 1585, HB 1649, HB 2230, HB 2800, SB 1560, HB 3504, HB 2098, HB 31, HB 2567, HB 1654.

GUESTS PRESENTED

Senator Bernsen was recognized and introduced to the Senate the Ozen High School Panthers University Interscholastic League Class 4A champion basketball team of Beaumont: Reginald Tyrrel, James Wilson, Desmond Cooper, Jason Breckinridge, Keena Young, Anthony Daigle, Kendrick Perkins, Michael Thomas, Javin Clover, Brandon Rideau, Tigee Rideaux, Jason Dabney, Tyrone Haynes, Thomas Sigee, Albert Marshall, Brandon Chappell, Allen Colbert, Wesley Bryant, Allen James, and Rayburn Morris, accompanied by Coach Boutte and assistant coaches, Harry Gunner; Marquis Saveat; Harvey Bobs, Jr.; John Clayton; Michael Ryals; Walter Yates, Jr.; and Shawn Klinger.

The Senate welcomed its guests.

RECESS

On motion of Senator Truan, the Senate at 10:55 a.m. recessed until 1:00 p.m. today.


Friday, May 11, 2001

SENATE JOURNAL

AFTER RECESS

The Senate met at 1:00 p.m. and was called to order by the President.

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 115 to Committee on Criminal Justice.

HB 125 to Committee on Education.

HB 126 to Committee on Criminal Justice.

HB 141 to Committee on Criminal Justice.

HB 152 to Committee on Education.

HB 182 to Committee on Intergovernmental Relations.

HB 218 to Committee on Business and Commerce.

HB 267 to Committee on Criminal Justice.

HB 284 to Committee on Jurisprudence.

HB 299 to Committee on State Affairs.

HB 319 to Committee on Criminal Justice.

HB 331 to Committee on Criminal Justice.

HB 336 to Committee on Jurisprudence.

HB 350 to Committee on Intergovernmental Relations.

HB 447 to Committee on Education.

HB 460 to Committee on Criminal Justice.

HB 492 to Committee on Business and Commerce.

HB 511 to Committee on Jurisprudence.

HB 512 to Committee on Criminal Justice.

HB 522 to Committee on Intergovernmental Relations.

HB 546 to Committee on Jurisprudence.

HB 558 to Committee on Jurisprudence.

HB 596 to Committee on Jurisprudence.

HB 599 to Committee on Criminal Justice.

HB 644 to Committee on Intergovernmental Relations.

HB 653 to Committee on Criminal Justice.

HB 694 to Committee on Business and Commerce.

HB 704 to Committee on Education.

HB 726 to Committee on Criminal Justice.

HB 788 to Committee on Natural Resources.

HB 792 to Committee on Jurisprudence.

HB 798 to Committee on Intergovernmental Relations.

HB 801 to Committee on Education.

HB 803 to Committee on Business and Commerce.

HB 824 to Committee on Intergovernmental Relations.

HB 829 to Committee on Natural Resources.

HB 838 to Committee on State Affairs.

HB 887 to Committee on Intergovernmental Relations.

HB 910 to Committee on Education.

HB 920 to Committee on Jurisprudence.

HB 949 to Committee on Business and Commerce.

HB 1014 to Committee on Education.

HB 1026 to Committee on State Affairs.

HB 1034 to Committee on Business and Commerce.


77th Legislature — Regular Session 71st Day

HB 1050 to Committee on Jurisprudence.

HB 1109 to Committee on Business and Commerce.

HB 1121 to Committee on Criminal Justice.

HB 1124 to Committee on Health and Human Services.

HB 1125 to Committee on State Affairs.

HB 1138 to Committee on State Affairs.

HB 1154 to Committee on Health and Human Services.

HB 1167 to Committee on Jurisprudence.

HB 1181 to Committee on Criminal Justice.

HB 1203 to Committee on State Affairs.

HB 1213 to Committee on Health and Human Services.

HB 1218 to Committee on Health and Human Services.

HB 1267 to Committee on Health and Human Services.

HB 1268 to Committee on Business and Commerce.

HB 1276 to Committee on Education.

HB 1330 to Committee on Education.

HB 1340 to Committee on Health and Human Services.

HB 1377 to Committee on Jurisprudence.

HB 1380 to Committee on State Affairs.

HB 1404 to Committee on Business and Commerce.

HB 1418 to Committee on Health and Human Services.

HB 1440 to Committee on Business and Commerce.

HB 1468 to Committee on Intergovernmental Relations.

HB 1492 to Committee on Business and Commerce.

HB 1499 to Committee on Criminal Justice.

HB 1505 to Committee on Business and Commerce.

HB 1575 to Committee on Education.

HB 1594 to Committee on State Affairs.

HB 1606 to Committee on Criminal Justice.

HB 1609 to Committee on Business and Commerce.

HB 1709 to Committee on Business and Commerce.

HB 1715 to Committee on Jurisprudence.

HB 1748 to Committee on Criminal Justice.

HB 1766 to Committee on Jurisprudence.

HB 1793 to Committee on Business and Commerce.

HB 1820 to Committee on State Affairs.

HB 1823 to Committee on Jurisprudence.

HCR 203 to Committee on Administration.

BILLS AND RESOLUTION SIGNED

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

SB 1096, SB 1140, SB 1175, SCR 55.

HOUSE BILL 2351 REREFERRED

Senator Van de Putte submitted a Motion In Writing requesting that HB 2351 be withdrawn from the Committee on Criminal Justice and rereferred to the Committee on Jurisprudence.

The Motion In Writing prevailed without objection.


Friday, May 11, 2001

SENATE JOURNAL

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Truan and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Veteran Affairs and Military Installations might consider HB 541 today.

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 15, HB 149, HB 299, HB 563, HB 1138, HB 2119, HB 2921, HB 3071.

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 964, HB 1869, HB 2776, HB 3012, HB 3452, HB 1109, HB 1505, HB 1793.

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 and resolution today:

HCR 98, HB 1128, HB 779, HB 2643, HB 3209, HB 3231, HB 3693, HB 3348, HB 2806, HB 2271, HB 2134, HB 2719, HB 2994.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Duncan, on behalf of Senator Ellis, and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Finance might consider HB 2065 today.

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 2807, HB 2989, HB 3038, HB 1124, HB 1418, HB 1218, HB 1154, HB 1340.


77th Legislature — Regular Session 71st Day

SENATE BILL 79 WITH HOUSE AMENDMENTS

Senator Shapiro called SB 79 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.

Amendment

Amend SB 79 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to uniform election dates.

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

SECTION 1. Section 3.004(a), Election Code, is amended to read as follows:

(a)  The following authority shall order an election:

(1)  the county judge, for the general election for officers of the county government; and

(2)  [the mayor, for the general election for city officers; and

[(3) ]  the governing body of a political subdivision, other than a county [or city ], that has elective offices, for the general election for those officers.

SECTION 2.  Section 41.001, Election Code, is amended by amending Subsections (a), (b), and (d) and adding Subsection (e) to read as follows:

(a)  Except as otherwise provided by this subchapter, each general or special election in this state shall be held on one of the following dates:

(1)  the first [third ] Saturday in February [January ];

(2)  the first Saturday in May;

(3)  the second Saturday in September [August ]; or

(4)  the first Tuesday after the first Monday in November.

(b)  Subsection (a) does not apply to:

(1)  a runoff election;

(2)  [a local option election held under the Alcoholic Beverage Code;

[(3) ]  an election for the issuance or assumption of bonds or the levy of a tax for the maintenance of a public school or college, if the governing body of the political subdivision issuing or assuming the bonds or levying the tax:

(A)  [, ] by resolution, order, or ordinance, finds that holding the election on a date other than a uniform election date is in the public interest, which finding is conclusive and incontestable; and

(B)  the election is the only election of the type described by this subdivision held by that political subdivision on a date other than a uniform election date during the state fiscal biennium;

(3) [(4) ]  an election to resolve a tie vote;

(4) [(5) ]  an election held under an order of a court or other tribunal;

(5) [(6) ]  an emergency election ordered under Section 41.0011;

(6) [(7) ]  an expedited election to fill a vacancy in the legislature held under Section 203.013; or

(7) [(8)  an election held by a political subdivision using the convention method of election;

[(9) ]  an election held under a statute that expressly provides that the requirement of Subsection (a) does not apply to the election[; or

[(10)  an election to recall an officer of a political subdivision ].

(d)  A general election of officers of a city, school district, junior college district, or hospital district may not be held on the February [January ] or September [August ] uniform election date.


Friday, May 11, 2001

SENATE JOURNAL

(e)  An election for an office in which a majority vote is required may not be held on the September or February uniform election date. This subsection does not apply to an election conducted under Section 26.045, Local Government Code.

SECTION 3. Section 41.253(b), Education Code, is amended to read as follows:

(b)  The transitional board of trustees shall divide the consolidated district into nine single-member trustee districts in accordance with the procedures provided by Section 11.052. The transitional board shall order an election for the initial board of trustees to be held on the first February [January ] uniform election date after the effective date of a consolidation order.

SECTION 4. Section 363.057, Local Government Code, is amended to read as follows:

Sec. 363.057.  ELECTION DATE. [(a) ] The election shall be held on the first uniform election date that occurs after the 34th day [and before the 61st day ] after the date on which the election is ordered.

[(b)  The requirement that an election be held on a uniform election date as prescribed by Section 41.001(a), Election Code, does not apply to an election creating a district under this chapter. ]

SECTION 5. Section 49.103(b), Water Code, is amended to read as follows:

(b)  An election shall be held on the uniform election date, established by the Election Code, in either February [January ] or May of each even-numbered year to elect the appropriate number of directors.

SECTION 6. Section 56.804(a), Water Code, as added by Chapter 222, Acts of the 76th Legislature, Regular Session, 1999, is amended to read as follows:

(a)  The election shall be held on a uniform election day in February [January ] or May.

SECTION 7. (a)  This Act takes effect September 1, 2001.

(b)  An election held on the August uniform election date in 2001 is governed by the law in effect when the election is held, and the former law is continued in effect for that purpose.

(c)  Section 41.006, Election Code, applies to a change in election dates made in accordance with this Act.

(d)  An election ordered before the effective date of this Act that is described by Section 41.001(b)(2), (3), (8), or (10), Election Code, as it existed immediately before the effective date of this Act, is governed by the law in effect when the election was ordered, and the former law is continued in effect for that purpose.

Floor Amendment No. 1

Amend CSSB 79 in SECTION 1 of the bill, by striking amended Section 3.004(a), Election Code (page 1, lines 6-13, Committee printing), and substituting the following:

(a)  The following authority shall order an election:

(1)  the county judge, for the general election for officers of the county government;

(2)  the mayor, for the general election for city officers in a city with a population of 1.9 million or more; and

(3)  the governing body of a political subdivision, other than a county or a city described by Subdivision (2), that has elective offices, for the general election for those officers.


77th Legislature — Regular Session 71st Day

Floor Amendment No. 2

Amend CSSB 79 as follows:

(1)  In SECTION 2 of the bill, in amended Section 41.001(b)(2), Election Code (page 2, line 6, Committee printing), between "bonds" and "or the levy of a tax", insert "for any purpose authorized by law relating to public schools or colleges".

(2)  In SECTION 2 of the bill, in amended Section 41.001(b)(2), Election Code (page 2, line 8, Committee printing), before "issuing or assuming", insert "having jurisdiction of the public school or college".

The amendments were read.

On motion of Senator Shapiro, the Senate concurred in the House amendments to SB 79 by a viva voce vote.

GUESTS PRESENTED

Senator Nelson was recognized and introduced to the Senate fourth-grade students from American Heritage Academy in Carrollton, accompanied by their teacher.

The Senate welcomed its guests.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

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

HB 182, HB 350, HB 522, HB 644, HB 798, HB 824, HB 887, HB 1468.

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 today:

HB 3590, HB 3147, HB 3164, HB 2452.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

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

HB 3296, HB 596, HB 920, HB 3171, HB 1766, HB 3498, HB 1883.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Armbrister and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Criminal Justice might consider the following bills today: HB 287, HB 653, HB 1748.


Friday, May 11, 2001

SENATE JOURNAL

RECESS

On motion of Senator Truan, the Senate at 1:30 p.m. recessed until 5:00 p.m. today.

AFTER RECESS

The Senate met at 3:20 p.m. and was called to order by the President.

HOUSE BILLS AND RESOLUTIONS ON FIRST READING

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

HB 1752 to Committee on Business and Commerce.

HB 1848 to Committee on Criminal Justice.

HB 1883 to Committee on Jurisprudence.

HB 1892 to Committee on Intergovernmental Relations.

HB 1915 to Committee on Natural Resources.

HB 1921 to Committee on Jurisprudence.

HB 1928 to Committee on Criminal Justice.

HB 1949 to Committee on Business and Commerce.

HB 1968 to Committee on Business and Commerce.

HB 2008 to Committee on State Affairs.

HB 2019 to Committee on Business and Commerce.

HB 2036 to Committee on Business and Commerce.

HB 2042 to Committee on Criminal Justice.

HB 2076 to Committee on Intergovernmental Relations.

HB 2108 to Committee on Education.

HB 2118 to Committee on Education.

HB 2125 to Committee on Education.

HB 2138 to Committee on Natural Resources.

HB 2154 to Committee on State Affairs.

HB 2155 to Committee on Business and Commerce.

HB 2164 to Committee on Administration.

HB 2186 to Committee on Business and Commerce.

HB 2191 to Committee on Business and Commerce.

HB 2205 to Committee on Education.

HB 2215 to Committee on Intergovernmental Relations.

HB 2226 to Committee on Intergovernmental Relations.

HB 2271 to Committee on Natural Resources.

HB 2276 to Committee on Education.

HB 2288 to Committee on Jurisprudence.

HB 2383 to Committee on Health and Human Services.

HB 2388 to Committee on Business and Commerce.

HB 2407 to Committee on State Affairs.

HB 2410 to Committee on Jurisprudence.

HB 2445 to Committee on Business and Commerce.

HB 2452 to Committee on Education.

HB 2453 to Committee on Veteran Affairs and Military Installations.

HB 2536 to Committee on Intergovernmental Relations.


77th Legislature — Regular Session 71st Day

HB 2544 to Committee on Intergovernmental Relations.

HB 2582 to Committee on Business and Commerce.

HB 2673 to Committee on Business and Commerce.

HB 2682 to Committee on Education.

HB 2687 to Committee on Natural Resources.

HB 2706 to Committee on Intergovernmental Relations.

HB 2723 to Committee on Jurisprudence.

HB 2740 to Committee on Jurisprudence.

HB 2744 to Committee on Intergovernmental Relations.

HB 2775 to Committee on Education.

HB 2799 to Committee on State Affairs.

HB 2803 to Committee on Business and Commerce.

HB 2806 to Committee on Natural Resources.

HB 2808 to Committee on Business and Commerce.

HB 2838 to Committee on Jurisprudence.

HB 2878 to Committee on Business and Commerce.

HB 2903 to Committee on State Affairs.

HB 2926 to Committee on Criminal Justice.

HB 2962 to Committee on State Affairs.

HB 2970 to Committee on Natural Resources.

HB 3001 to Committee on Intergovernmental Relations.

HB 3027 to Committee on Education.

HB 3036 to Committee on Criminal Justice.

HB 3049 to Committee on Intergovernmental Relations.

HB 3066 to Committee on Business and Commerce.

HB 3081 to Committee on Business and Commerce.

HB 3088 to Committee on Finance.

HB 3140 to Committee on Finance.

HB 3152 to Committee on Health and Human Services.

HB 3154 to Committee on Health and Human Services.

HB 3205 to Committee on Natural Resources.

HB 3210 to Committee on Health and Human Services.

HB 3235 to Committee on Finance.

HB 3242 to Committee on Natural Resources.

HB 3244 to Committee on Finance.

HB 3284 to Committee on Natural Resources.

HB 3300 to Committee on Business and Commerce.

HB 3305 to Committee on Intergovernmental Relations.

HB 3324 to Committee on Criminal Justice.

HB 3325 to Committee on Jurisprudence.

HB 3348 to Committee on Natural Resources.

HB 3349 to Committee on Intergovernmental Relations.

HB 3444 to Committee on Business and Commerce.

HB 3455 to Committee on Business and Commerce.

HB 3469 to Committee on Education.

HB 3498 to Committee on Jurisprudence.

HB 3505 to Committee on Criminal Justice.

HB 3506 to Committee on Jurisprudence.


Friday, May 11, 2001

SENATE JOURNAL

HB 3530 to Committee on Business and Commerce.

HB 3578 to Committee on Business and Commerce.

HB 3667 to Committee on Finance.

HCR 89 to Committee on State Affairs.

HCR 116 to Committee on State Affairs.

HCR 122 to Committee on Education.

HCR 242 to Committee on Finance.

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 appointment:

TO BE A MEMBER OF THE STATE CEMETERY COMMISSION for a term to expire February 1, 2007:

George E. Christian, Sr.

6800 Rockledge Cove

Austin, Texas 78731

Mr. Christian is being reappointed.

Respectfully submitted,

/s/Rick Perry

Governor

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 11, 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 385, Relating to qualifications of a constable or sheriff.

HB 484, Relating to emergency response preparations for pipeline transportation of hazardous liquids, carbon dioxide, or natural gas.

HB 729, Relating to compensation for public school classroom teachers and full-time public school librarians, counselors, and nurses for additional days of service.


77th Legislature — Regular Session 71st Day

HB 900, Relating to the administration of statutory probate courts and to the assignment of statutory probate court judges.

HB 927, Relating to certain required reports by disability retirees in the Teacher Retirement System of Texas.

HB 955, Relating to requiring certain parts for the repair of a motor vehicle under an insurance policy.

HB 956, Relating to requiring certain facilities for the repair of a motor vehicle under an insurance policy.

HB 1119, Relating to tort liability of governmental units.

HB 1296, Relating to a prohibition of discrimination by public educational institutions.

HB 1382, Relating to certain insurance carrier information required in workers' compensation proceedings.

HB 1433, Relating to prohibition on the disclosure of defense counsel's billing statements by certain insurers and on the submission of those statements to certain audits; providing a civil penalty.

HB 1438, Relating to minimum salaries for interpreters employed in public schools to provide interpreting services to students who are deaf or hard of hearing.

HB 1464, Relating to a peremptory challenge based on the race, gender, or religion of a juror in a criminal case.

HB 1764, Relating to the creation, administration, powers, duties, operation, and financing of the Kimble County Groundwater Conservation District.

HB 1765, Relating to the creation of the County Court at Law of Brown County.

HB 1853, Relating to coverage for certain dependent children under the Texas Employees Uniform Group Insurance Benefits Act.

HB 1860, Relating to the applicability of the death penalty to a capital offense committed by a person younger than 18 years of age at the time of the commission of the offense.

HB 1959, Relating to eligibility for and allotment under the food stamp program for certain persons.

HB 1978, Relating to the boundaries of the North Harris County Regional Water Authority.

HB 2017, Relating to the extraterritorial jurisdiction of certain municipalities.

HB 2048, Relating to the punishment for a capital felony committed by a person who is younger than 18 years of age at the time of committing the felony.

HB 2105, Relating to the operation of the advisory committees of the supreme court.

HB 2106, Relating to information on the supreme court website relating to proposed rules or forms.


Friday, May 11, 2001

SENATE JOURNAL

HB 2435, Relating to the regulation of certain political contributions and political expenditures.

HB 2676, Relating to the establishment of a domestic violence fatality review team in certain counties.

HB 2786, Relating to requiring the Texas Workforce Commission to assist the Texas National Guard in the implementation of certain youth job-training and mentoring programs.

HB 2951, Relating to the issuance of local permits for land development projects.

HB 3182, Relating to primary election dates and procedures and related dates, deadlines, and procedures.

HB 3440, Relating to the compensation of county sheriffs.

HB 3685, Relating to the creation, administration, powers, duties, operation, and financing of the Northeast Travis County Utility District.

HB 3698, Relating to the powers and authority and the board of directors of the Clear Creek Drainage District of Galveston County.

HCR 248, Honoring Meals on Wheels of Amarillo.

HCR 250, Commemorating the importance of the JA Ranch bison herd.

HCR 257, Honoring the retirement of Anna Maria Saldana.

HCR 260, Honoring the Texas Arts and Crafts Educational Foundation, Inc., for its significant contributions to the advancement of the arts in Texas.

HCR 267, Honoring the memory of Mary Nan West of San Antonio.

HCR 274, Memorializing congress to remove trade, financial, and travel restrictions relating to Cuba.

HCR 282, Recognizing the district winners of the National History Day competition from the La Porte Independent School District.

SB 22, Relating to the admission of minors to facilities for and to the consent of minors to the treatment and rehabilitation of chemical dependency.

(Amended)

SB 24, Relating to the manner in which the testimony of a child who is the victim of or witness to an alleged offense may be taken in certain criminal proceedings.

SB 170, Relating to the application of the open meetings law to attendance at a legislative committee meeting by a quorum of another governmental body.

(Amended)

SB 188, Relating to paid leave for a state employee who is an emergency medical services volunteer.

SB 198, Relating to executory contracts for the conveyance of real property.

(Committee Substitute)

SB 236, Relating to court-ordered medical support for certain children.

(Committee Substitute/Amended)


77th Legislature — Regular Session 71st Day

SB 261, Relating to the warnings pet stores must provide concerning reptile-associated salmonellosis; providing an administrative penalty.

(Committee Substitute)

SB 285, Relating to cancer incidence reporting.

(Committee Substitute)

SB 297, Relating to providing supplemental financial assistance to certain grandparents.

SB 324, Relating to applications and fees for injection well permits.

(Committee Substitute)

SB 368, Relating to permanency planning procedures for children in state institutions.

(Amended)

SB 382, Relating to the powers and duties of the Texas Commission on Fire Protection.

(Committee Substitute/Amended)

SB 433, Relating to the uniform law on secured transactions.

(Amended)

SB 539, Relating to regulating the enteral administration of anesthesia in connection with the practice of dentistry.

SB 553, Relating to the creation of a task force to review the methods and procedures used to evaluate a criminal defendant's competency to stand trial and use of the insanity defense.

SB 569, Relating to the use of certain revenue by, and other rights and responsibilities of, certain municipalities that have territory within the boundaries of certain airports.

SB 572, Relating to the reduction of the shortage of registered nurses by establishing a program to increase enrollments in nursing education programs, increasing nursing faculty, and creating a nursing workforce data center.

(Amended)

SB 645, Relating to the establishment of an electronic system for occupational licensing transactions.

SB 649, Relating to training requirements for applicants for and recipients of financial assistance for water and sewer services under the economically distressed areas program.

(Amended)

SB 650, Relating to the composition of and membership on an appraisal review board.

SB 673, Relating to the authority of a municipality to lease or sell property used for the purpose of operating certain properties located on certain state-owned lands.

(Committee Substitute)

SB 684, Relating to the definition of non-physician mental health professional for purposes of a proceeding or evaluation under the Texas Mental Health Code.

(Amended)


Friday, May 11, 2001

SENATE JOURNAL

SB 702, Relating to compensatory, intensive, and accelerated education in public schools.

(Amended)

SB 707, Relating to collateral protection insurance.

(Amended)

SB 789, Relating to the regulation and reimbursement of telemedicine medical services.

(Committee Substitute/Amended)

SB 968, Relating to certain civil consequences of a theft involving motor fuel.

SB 1037, Relating to authorizing the comptroller to establish a program to permit certain certified public accountants to perform certain audits.

(Committee Substitute)

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

SB 1119, Relating to the regulation of bail bond sureties; providing a penalty.

(Committee Substitute/Amended)

SB 1189, Relating to an exemption from ad valorem taxation of property owned by nonprofit corporations that provide chilled water and steam to certain health-related institutions of this state.

SB 1236, Relating to the grace period on renewal of an alcoholic beverage license or permit.

SB 1272, Relating to the designation of certain land that includes a greenhouse as agricultural land for ad valorem tax appraisal purposes.

SB 1282, Relating to the funding of port transportation or facility projects or port studies.

(Amended)

SB 1318, Relating to the regulation of certain health spas.

(Committee Substitute)

SB 1320, Relating to filings made with the secretary of state by business organizations.

(Amended)

SB 1352, Relating to the size of certain piers in coastal public lands.

SB 1358, Relating to the regulation of the practice of public accounting.

(Amended)

SB 1376, Relating to amelioration of convalescent and nursing home and intermediate care facility violations; waiving the right to an administrative hearing.

(Amended)

SB 1386, Relating to the provision of mental health and mental retardation services.

SB 1421, Relating to certain court costs imposed on a person convicted of an offense.

SB 1429, Relating to establishing at Prairie View A&M University a center for relationship violence prevention and intervention.


77th Legislature — Regular Session 71st Day

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

(Committee Substitute/Amended)

SB 1472, Relating to the general property deposit paid by a student of a public institution of higher education.

(Committee Substitute)

SB 1497, Relating to the sourcing of charges for mobile telecommunications services.

SB 1539, Relating to the powers of the Lubbock Reese Redevelopment Authority.

(Amended)

SB 1600, Relating to the water rights permit for the proposed Lake Eastex water supply reservoir project.

SB 1672, Relating to the disposition of certain real property owned by the state.

SB 1710, Relating to requirements regarding and terms of local tax abatement agreements.

(Amended)

SB 1737, Relating to a property owner's right to inspect and copy records and information used to appraise the owner's property for ad valorem tax purposes.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

RECESS

On motion of Senator Shapiro, the Senate at 3:35 p.m. recessed until 5:00 p.m. today.

AFTER RECESS

The Senate met at 5:00 p.m. and was called to order by the President.

PERMISSION TO INTRODUCE BILL AND RESOLUTIONS

Senator Truan moved to suspend Senate Rule 7.07(b) and Section 5, Article III of the Texas Constitution to permit the introduction of the following bill and resolutions: SB 1843, SJR 54, SCR 58.

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

Present-not voting: Mr. President.

SENATE BILL AND RESOLUTIONS ON FIRST READING

The following bill and resolutions were introduced, read first time, and referred to the committees indicated:

SB 1843 by Lucio

Relating to the exemption of travel trailers from ad valorem taxation.

To Committee on Finance.


Friday, May 11, 2001

SENATE JOURNAL

SCR 58 by Barrientos

Granting RFD & Associates, Incorporated, permission to sue the State of Texas and the Office of the Attorney General.

To Committee on Administration.

SJR 54 by Lucio

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

To Committee on Finance.

HOUSE BILLS AND RESOLUTIONS ON FIRST READING

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

HB 385 to Committee on Intergovernmental Relations.

HB 484 to Committee on Natural Resources.

HB 729 to Committee on Education.

HB 900 to Committee on Jurisprudence.

HB 927 to Committee on Education.

HB 955 to Committee on Business and Commerce.

HB 956 to Committee on Business and Commerce.

HB 1119 to Committee on State Affairs.

HB 1296 to Committee on Education.

HB 1382 to Committee on Business and Commerce.

HB 1433 to Committee on Business and Commerce.

HB 1438 to Committee on Education.

HB 1464 to Committee on Jurisprudence.

HB 1764 to Committee on Natural Resources.

HB 1765 to Committee on Intergovernmental Relations.

HB 1853 to Committee on State Affairs.

HB 1860 to Committee on Criminal Justice.

HB 1959 to Committee on Health and Human Services.

HB 1978 to Committee on Natural Resources.

HB 2017 to Committee on Intergovernmental Relations.

HB 2048 to Committee on Criminal Justice.

HB 2105 to Committee on Jurisprudence.

HB 2106 to Committee on Jurisprudence.

HB 2435 to Committee on State Affairs.

HB 2676 to Committee on Health and Human Services.

HB 2786 to Committee on Business and Commerce.

HB 2951 to Committee on Intergovernmental Relations.

HB 3182 to Committee on State Affairs.

HB 3440 to Committee on Intergovernmental Relations.

HB 3685 to Committee on Natural Resources.

HB 3698 to Committee on Natural Resources.

HCR 248 to Committee on Administration.

HCR 250 to Committee on Administration.

HCR 257 to Committee on Administration.


77th Legislature — Regular Session 71st Day

HCR 260 to Committee on Administration.

HCR 267 to Committee on Administration.

HCR 274 to Committee on Natural Resources.

HCR 282 to Committee on Administration.

GUESTS PRESENTED

Senator Ellis, joined by Representative Senfronia Thompson, was recognized and introduced to the Senate Mr. and Mrs. James Byrd, Sr., who were here in honor of the signing by the Governor of the James Byrd, Jr., Hate Crimes Act.

The Senate welcomed Mr. and Mrs. Byrd.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator Truan and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Veteran Affairs and Military Installations might consider HB 2453 today.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

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

HB 385, HB 1765, HB 1892, HB 2017, HB 2076, HB 2215, HB 2226, HB 2544, HB 2706, HB 2744, HB 2951, HB 3001, HB 3049, HB 3305, HB 3349, HB 3440.

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 3088, HB 3140, HB 3235, HB 3244, HB 3667, HCR 242.

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 and resolution today:

HB 1203, HB 1820, HB 2154, HB 1117, HB 2839, HCR 116, HB 2407, HB 2008.

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 today:

HB 152, HB 910, HB 1276, HB 1387, HB 1575, HB 2108, HB 2125, HB 2682, HB 3469, HB 704, HB 729, HB 927, HB 1310.


Friday, May 11, 2001

SENATE JOURNAL

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 154, HB 1267, HB 2383, HB 3152, HB 3154, HB 3210, HB 1959, HB 2676.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

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

HB 1167, HB 1050, HB 1823, HB 2368, HB 900, HB 1377, HB 336, HB 546, HB 2723, HB 3613, HB 1921.

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 218, HB 492, HB 694, HB 803, HB 949, HB 1034, HB 1404, HB 1440, HB 1492, HB 1609, HB 1706, HB 1709, HB 1752, HB 1761, HB 2036, HB 2155, HB 2186, HB 2191, HB 2388, HB 2582, HB 2808, HB 3066, HB 3081, HB 2430, HB 2673, HB 2878, HB 3578, HB 1268, HB 2786, HB 2803.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

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

HCR 203, HCR 248, HCR 250, HCR 257, HCR 260, HCR 267, HCR 282, HB 399, HB 1056, HB 2164, HB 2809, HB 2853.

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 3205, HB 2687, HB 3242, HB 1915, HB 3698, HB 2138, HB 631, HB 2665.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

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

HB 63, HB 126, HB 141, HB 267, HB 460, HB 115, HB 726, HB 1121, HB 1181, HB 1499, HB 3324, HB 3036, HB 2410, HB 3613.


77th Legislature — Regular Session 71st Day

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolution

SCR 62 by Sibley, In memory of William "Bill" Kloster of Dublin.

Congratulatory Resolutions

SR 1034 by Ellis, Congratulating Benjamin L. and Frances D. Hooks.

SR 1035 by Ellis, Congratulating Ernest L. Howard.

SR 1038 by Zaffirini, Commending the Tap Pilam-Coahuiltecan Nation.

SR 1046 by Brown, Congratulating Peyton McKnight of Tyler.

ADJOURNMENT

On motion of Senator Truan, the Senate at 5:53 p.m. adjourned, in memory and in honor of all mothers on Mother's Day, until 10:00 a.m. Monday, May 14, 2001.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

May 11, 2001

REDISTRICTING — HB 150 (Ordered not printed)

JURISPRUDENCE — HB 1118 (Amended)

FINANCE — HB 1447, CSHB 658

HEALTH AND HUMAN SERVICES — CSSB 1732, HB 99, HB 393, HB 398, HB 456, HB 476, HB 1005, HB 1316, CSHB 2004, HB 2178, HB 2287, HB 2408, HB 2421, HB 2423, HB 2558, HB 2574, HB 2648, CSHB 2729, HB 2844, HB 3043, HB 3378, HB 3465

ADMINISTRATION — HB 2812 (Ordered not printed), HB 2813 (Ordered not printed), HB 2811 (Ordered not printed)

NATURAL RESOURCES — HCR 226

ADMINISTRATION — HCR 255, HCR 236, HCR 227, HCR 200, HCR 41, HB 2061, SCR 53, HB 2810

INTERGOVERNMENTAL RELATIONS - HB 3172 (Amended), CSHB 1022, SB 949 (Amended), CSSB 1822, HB 820 (Amended), CSHB 2677, HB 2757 (Amended), CSHB 3383, HB 3639 (Amended), HB 3647 (Amended)


Friday, May 11, 2001

SENATE JOURNAL

EDUCATION — CSHB 821, CSHB 1716

JURISPRUDENCE — HB 451, HB 2367, HB 2731, HB 3192, HB 3694, HB 715, HB 78, HB 497, HB 638, HB 3203, HB 1363, HB 485, HB 539

NATURAL RESOURCES — HB 3023, HB 3670, HB 3659, HB 3543, HB 3653, HB 3159, HB 3095, HB 2913, HB 2997, HB 2859, HB 2761, HB 2649, HB 2588, HB 2045, HB 2436, HB 2033, HB 1880, HB 1628, HB 1426, HB 2046, HB 2379, HB 2144, HB 2718, SB 1752, HB 2529, HB 1258, HB 2855, HB 1281, HB 3111, HB 3040, HB 2400, CSHB 3665, CSHB 3195, HB 3629, HB 3628, CSHB 3194, CSHB 3544, HB 2310 (Amended), HB 66 (Amended), HB 71 (Amended), CSHB 3315, CSHB 3675, HB 2271

BUSINESS AND COMMERCE — HB 2614, HB 1612, HB 1902, HB 1148, HB 1514, HB 1614, HB 3473, HB 3591, HB 1080, HB 2593, HB 1241 (Amended), HB 2769, HB 627, CSSB 444, HB 2763, HCR 109

STATE AFFAIRS — HB 2691 (Amended), CSHB 2684, HB 3069 (Amended)

NATURAL RESOURCES — HB 2404 (Amended), HB 2403 (Amended), HB 2787 (Amended), HB 3037 (Amended), HB 3329 (Amended), HB 3651 (Amended), CSHB 3655, HB 2005 (Amended), HB 2571 (Amended), HB 2847 (Amended), CSHB 3404, HB 247 (Amended), HB 2794 (Amended), CSHB 3673, HB 3652 (Amended), HB 3587 (Amended), HJR 81 (Amended)

JURISPRUDENCE — CSHB 1365, HB 691, HB 3136, HB 1566, HB 842, HB 2152, HB 706, HB 2111, HB 1813

FINANCE — CSHJR 82

STATE AFFAIRS — HB 35, HB 249, HB 811, CSHB 834, CSHB 877, HB 1428

JURISPRUDENCE — HB 2735

STATE AFFAIRS — HB 1430, HB 1450, HB 1476, HB 1544, HB 1639, HB 1948, HB 2122, CSHB 2204, HB 2243 (Amended), HB 2263, HB 2313 (Amended), HB 2334, HB 2616, HB 2780, CSHB 3076, CSHB 3323, HB 3433, HCR 256

CRIMINAL JUSTICE — HB 434, HB 280, HB 195, HB 123, SB 1511

FINANCE — HCR 138, HB 609, HB 1845, HB 2065, HB 2833, HB 2914, HB 2957