SEVENTY-EIGHTH LEGISLATURE — REGULAR SESSION
AUSTIN, TEXAS
PROCEEDINGS
THIRTY-NINTH DAY
(Tuesday, March 25, 2003)
The Senate met at 11:00 a.m. pursuant to adjournment and was called to order by the President.
The roll was called and the following Senators were present:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, Wentworth, West, Whitmire, Williams, Zaffirini.
Absent-excused:iiHarris.
The President announced that a quorum of the Senate was present.
The Reverend Ron Durham, Columbus Avenue Baptist Church, Waco, offered the invocation as follows:
Heavenly Father, for this new day of life we give You thanks. Thank You for the privilege of being a part of this great State of Texas. I ask Your blessings on each one who serves in this Senate. Guide them with Your wisdom. Watch over their loved ones. Please bless all of our men and women who serve in our military in our country's ongoing war against terrorism in the war in Iraq. We pray that the outcome of all of this will be a safer world for all peoples. Today we commit ourselves to You afresh and to Your will and purposes in our lives and in our state. In our Lord's strong name I pray. iAmen.
Senator Whitmire moved that the reading of the Journal of the proceedings of yesterday be dispensed with and the Journal be approved as printed.
The motion prevailed without objection.
LEAVE OF ABSENCE
On motion of Senator Whitmire, Senator Harris was granted leave of absence for today on account of important business.
CO-AUTHOR OF SENATE BILL 14
On motion of Senator Jackson, Senator Williams will be shown as Co-author of SBi14.
CO-AUTHOR OF SENATE BILL 127
On motion of Senator Fraser, Senator Williams will be shown as Co-author of SBi127.
CO-AUTHOR OF SENATE BILL 141
On motion of Senator Ellis, Senator Carona will be shown as Co-author of SBi141.
CO-AUTHORS OF SENATE BILL 418
On motion of Senator Nelson, Senators Hinojosa and Lucio will be shown as Co-authors of SBi418.
CO-AUTHORS OF SENATE BILL 473
On motion of Senator Ellis, Senators Carona, Deuell, Gallegos, Nelson, Shapleigh, and Van de Putte will be shown as Co-authors of SBi473.
CO-AUTHOR OF SENATE BILL 543
On motion of Senator Duncan, Senator Hinojosa will be shown as Co-author of SBi543.
CO-AUTHOR OF SENATE BILL 939
On motion of Senator Janek, Senator VanideiPutte will be shown as Co-author of SBi939.
CO-AUTHOR OF SENATE BILL 1059
On motion of Senator Ellis, Senator Carona will be shown as Co-author of SBi1059.
CO-AUTHOR OF SENATE BILL 1060
On motion of Senator Ellis, Senator Carona will be shown as Co-author of SBi1060.
CO-AUTHOR OF SENATE BILL 1614
On motion of Senator Ellis, Senator VanideiPutte will be shown as Co-author of SBi1614.
CO-AUTHOR OF SENATE BILL 1693
On motion of Senator Gallegos, Senator Carona will be shown as Co-author of SBi1693.
CO-AUTHOR OF SENATE BILL 1774
On motion of Senator Estes, Senator VanideiPutte will be shown as Co-author of SBi1774.
RESOLUTION SIGNED
The President announced the signing of the following enrolled resolution in the presence of the Senate:iiHCR 87.
686 78th Legislature — Regular Session 39th Day
REPORT OF COMMITTEE ON NOMINATIONS
Senator Lindsay submitted the following report from the Committee on Nominations:
We, your Committee on Nominations, to which were referred the following appointments, have had same under consideration and report them back to the Senate with a recommendation that they be confirmed:
Members, Texas Higher Education Coordinating Board:iiNeal W. Adams, Tarrant County; Jerry Farrington, Dallas County; Lorraine Perryman, Ector County; Curtis E. Ransom, Dallas County; Windy M. Sitton, Lubbock County.
Members, The University of Texas System Board of Regents:iiHubbard Scott Caven, Jr., Harris County; Robert A. Estrada, Dallas County; James Huffines, Travis County.
Members, Midwestern State University Board of Regents:iiPatricia Ann Haywood, Wichita County; Don Ross Malone, Wilbarger County.
Members, Texas State Technical College System Board of Regents:iiC.i"Connie" deilaiGarza, Cameron County; Don H. Elliott, Wharton County; Michael Franklin Northcutt, Sr., Harrison County; Jerilyn Kyker "Jeri" Pfeifer, Ed.D., Taylor County; BarbaraiN.iRusling, McLennan County.
Members, University of Houston System Board of Regents:iiMichael John Cemo, Harris County; Raul A. Gonzalez, Travis County; Leroy L. Hermes, Harris County.
Members, Texas State University System Board of Regents:iiKent M. Adams, Jefferson County; Alan William Dreeben, Bexar County; Pollyanna Allison Stephens, Tom Green County.
Members, Texas Woman's University Board of Regents:iiHarry L. CrumpackeriII, Collin County; Kenneth L. Ingram, Denton County; Tegwin Ann Pulley, Dallas County.
Members, Texas Commission on the Arts:iiW. C. "Abby" Abernathy, Jr., Archer County; Alphonse A. Dotson, McCulloch County; Victoria Hodge Lightman, Harris County; Loren Ormond McKibbens, Cameron County; Maria E. "Kenna" Ramirez, El Paso County; Mildred Knape Witte, Smith County.
Members, Texas School Safety Center Board of Directors:iiJames M. Boyle, Ed.D., Bell County; Charles Arthur Brawner, Waller County; Gigi Edwards Bryant, Travis County; Garry Edward Eoff, Brown County; Janace Pope Ponder, Potter County; Lucy Rubio, Nueces County; Severita Sanchez, Webb County; Cheryl Lee Shannon, Dallas County; Jane A. Wetzel, Dallas County.
Members, School Land Board:iiDavid S. Herrmann, Bexar County; Ted Houghton, Jr., El Paso County.
Tuesday, March 25, 2003 SENATE JOURNAL 687
NOTICE OF CONSIDERATION OF NOMINATIONS
Senator Lindsay gave notice that he would tomorrow at the conclusion of morning call submit to the Senate for consideration nominations to agencies, boards, and commissions of the state.
PHYSICIAN OF THE DAY
Senator Wentworth was recognized and presented Dr. Heidi Chumley-Jones of San Antonio as the Physician of the Day.
The Senate welcomed Dr. Chumley-Jones and thanked her for her participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
March 25, 2003
The Honorable President of the Senate
Senate Chamber
Austin, Texas
Mr. President:
I am directed by the House to inform the Senate that the House has taken the following action:
THE HOUSE HAS PASSED THE FOLLOWING MEASURES:
HCR 109, Recognizing March 25, 2003, as JPCA Day at the State Capitol.
Respectfully,
/s/Robert Haney, Chief Clerk
House of Representatives
MESSAGE FROM THE GOVERNOR
The following Message from the Governor was read and was referred to the Committee on Nominations:
Austin, Texas
March 25, 2003
TO THE SENATE OF THE SEVENTY-EIGHTH LEGISLATURE, REGULAR SESSION:
I ask the advice, consent and confirmation of the Senate with respect to the following appointments:
TO BE MEMBERS OF THE ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL for terms to expire September 1, 2004:
688 78th Legislature — Regular Session 39th Day
Barry D. Bedwell
7502 Countryside
Armarillo, Texasii79119
(Mr. Bedwell is being reappointed)
John R. Blount
1423 Saxony
Houston, Texasii77058
(Mr. Blount is being reappointed)
Charles Montel Rutledge
3033 Cain Road
College Station, Texasii77845
(Mr. Rutledge is being reappointed)
Timothy N. Taylor
3531 West Meadow
Nacogdoches, Texasii75965
(replacing Teri Mathis who resigned)
TO BE JUDGE OF THE 157th JUDICIAL DISTRICT COURT IN HARRIS COUNTY for a term until the next General Election and until his successor shall be duly elected and qualified:
Randall W. Wilson
3712 Carlon Street
Houston, Texasii77005
(Mr. Wilson will replace Judge George Hanks who was elevated to Justice of the 1st Court of Appeals)
TO BE JUDGE OF THE 80th JUDICIAL DISTRICT COURT IN HARRIS COUNTY for a term until the next General Election and until his successor shall be duly elected and qualified:
Kent C. Sullivan
3771 Carlon Street
Houston, Texasii77005
(Mr. Sullivan will replace Judge Scott Link who resigned)
Respectfully submitted,
/s/Rick Perry
Governor
GUESTS PRESENTED
Senator Madla was recognized and introduced to the Senate a delegation of justices of the peace and constables.
The Senate welcomed its guests.
GUESTS PRESENTED
Senator Ratliff was recognized and introduced to the Senate a delegation representing Longview Partnership.
The Senate welcomed its guests.
Tuesday, March 25, 2003 SENATE JOURNAL 689
SENATE RESOLUTION 391
Senator Armbrister offered the following resolution:
WHEREAS, Citizens of Washington County are visiting the Capitol on Marchi25,i2003, to celebrate their rich heritage and the role their county has played in building the Lone Star State; and
WHEREAS, Members of Stephen F. Austin's Old 300 began settling in the area of Washington County in 1821; in 1836, at Washington-on-the-Brazos, delegates signed the Texas Declaration of Independence and drafted a constitution for the new republic; later, from 1842 to 1845, this community served as the capital of the republic; and
WHEREAS, Washington County was created in 1836 and was organized the following year; situated on the Blackland Prairies, the region attracted substantial immigration and developed quickly; included in the flow of newcomers were Germans, Czechs, and Poles, who began arriving in the mid-19th century; and
WHEREAS, In the 1840s and 1850s, the foundations of several established colleges, including those for Baylor University and a precursor to Southwestern University, testified to the dynamic nature of Washington County; today Blinn College, established in 1883 in Brenham, the county seat, carries on the county's early tradition of interest in higher education; and
WHEREAS, The region's natural beauty and its prominent role in early Texas history have made Washington County a popular tourist destination; visitors can wander its scenic country roads, enjoy the recreation afforded by Somerville Lake, and step into the past at the Brenham, Burton, Chappell Hill, and Texas Baptist museums; the Star of the Republic Museum, in Washington-on-the-Brazos State Historical Park, tells the story of the Texas Republic; and
WHEREAS, Other popular attractions include the Blue Bell Creameries, an eight-acre antique rose garden, and a miniature horse farm; the county's well-known festivals include the Washington County Fair, Burton's Cotton Gin Festival, Chappell Hill's Bluebonnet and Scarecrow festivals, and Brenham's Maifest; and
WHEREAS, The industrious residents of this vital Texas county are preserving the best of their past and looking forward to the challenges and opportunities that lie ahead, and it is indeed a pleasure to honor them at this time; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby declare March 25 Washington County Day at the State Capitol and extend to the delegation present sincere best wishes for an enjoyable and memorable visit.
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator Armbrister was recognized and introduced to the Senate Dorothy Morgan, Washington County Judge; Walter Schwartz, Mayor of Brenham; David Yeager, Superintendent, Brenham Independent School District; Charles Moser, Editor, The Banner-Press; and Vance Hamilton, President and Chief Executive Officer of Washington County Chamber of Commerce; accompanied by a delegation of citizens from Washington County.
The Senate welcomed its guests.
690 78th Legislature — Regular Session 39th Day
SENATE RESOLUTION 410
Senator Whitmire offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize the Freedom of Information Foundation of Texas for its continuing efforts to maintain open government for all Texans; and
WHEREAS, Now celebrating its 25th anniversary, the Freedom of Information Foundation of Texas provides information and resources to the public with the goal of protecting and preserving the state's open meetings and open records laws; and
WHEREAS, Thirty years ago, the Texas Legislature recognized the fundamental rights of all citizens to have access to complete information about the affairs of their government and, to assure that right, enacted the Texas Open Records Act; and
WHEREAS, Throughout the year, the Freedom of Information Foundation of Texas will focus its ongoing programs on both its 25th anniversary and the 30th anniversary of the passage of the Texas Open Records Act; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend the Freedom of Information Foundation of Texas for its outstanding work in promoting open government for all citizens of Texas and extend congratulations to the organization on its 25th anniversary; and, be it further
RESOLVED, That a copy of this Resolution be prepared for the Freedom of Information Foundation of Texas as an expression of high regard from the Texas Senate.
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator Whitmire was recognized and introduced to the Senate the Honorable Ann Richards, former Governor of Texas; Wanda Garner Cash, President, Freedom of Information Foundation of Texas; Lissa Walls Vahldiek, Chief Executive Officer, Southern Newspapers, Incorporated; Ann Arnold, Executive Director, Texas Association of Broadcasters; and Kathy Mitchell, Consumers Union, Southwest Regional Office.
The Senate welcomed its guests.
SENATE CONCURRENT RESOLUTION 17
The President laid before the Senate the following resolution:
WHEREAS, The Legislature of the State of Texas is pleased to recognize the artists and arts patrons who are being honored at the Texas Medal of Arts Awards on March 25, 2003; and
WHEREAS, The awards honor Texans who have distinguished themselves in a variety of artistic disciplines or who have promoted the arts through their patronage; Governor and Mrs. Rick Perry, Lieutenant Governor David Dewhurst, and Speaker of the House of Representatives and Mrs. Tom Craddick are the honorary co-chairs of the event, which is taking place at the historic Paramount Theatre in Austin and includes special performances and tributes to the honorees; and
Tuesday, March 25, 2003 SENATE JOURNAL 691
WHEREAS, The following outstanding artists are receiving medals for their contributions to the arts: John Graves, lifetime achievement; Tommy Tune, dance; Charley Pride, music; Fess Parker, film; Sandra Cisneros, literary arts; Glenna Goodacre, visual arts; Enid Holm, theater; and Lydia Mendoza, folk arts; and
WHEREAS, Receiving medals for their exemplary support of the arts are Dealey Herndon, architectural restoration; Marca Lee Bircher, arts education; Nancy B. Hamon, individual arts patron; ExxonMobil Corporation, corporate arts patron; and Houston Endowment, Incorporated, foundation arts patron; and
WHEREAS, The arts are an important economic and cultural component of a free and democratic society, and the artists and arts patrons honored with the Texas Medal of Arts Awards have enriched the lives of all Texans by their many contributions; now, therefore, be it
RESOLVED, That the 78th Legislature of the State of Texas hereby commend these outstanding individuals and institutions and extend congratulations to them on receiving a Texas Medal of Arts Award; and, be it further
RESOLVED, That a copy of this resolution be prepared for them as an expression of esteem from the Texas Legislature.
BIVINS
The resolution was read.
On motion of Senator Bivins, the resolution was considered immediately and was adopted without objection.
GUESTS PRESENTED
Senator Bivins was recognized and introduced to the Senate the following Texas Medal of Arts recipients:iiTommy Tune of Wichita Falls; Charley Pride of Dallas; Fess Parker of Fort Worth; Glenna Goodacre of Dallas; Enid Woodward of Odessa, representing her mother, Enid Holm; Dealey Herndon of Austin; Marca Lee Bircher of Dallas; Nancy B. Hamon of Dallas; Arlene Lawson of Irving, representing ExxonMobil Corporation; and H.iJoe Nelson III of Houston, representing the Houston Endowment, Incorporated; accompanied by Jocelyn Straus of San Antonio, representing the Texas Cultural Trust; Tony Chauveaux of Beaumont, representing the Texas Commission on the Arts; and Debbie Montford, representing the Texas Cultural Trust.
The Senate welcomed its guests.
AT EASE
The President at 11:46 a.m. announced the Senate would stand At Ease pending the departure of its guests.
IN LEGISLATIVE SESSION
The President at 11:55 a.m. called the Senate to order as In Legislative Session.
692 78th Legislature — Regular Session 39th Day
SENATE RESOLUTION 407
Senator Barrientos offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize the participants of the Plus Program at the McCombs School of Business at The University of Texas at Austin; and
WHEREAS, The Plus Program consists of practical, experiential, and interactive seminars designed to enhance traditional academic studies; conducted during two six-week modules, these seminars strive to help graduate business students develop the broad perspective and character that are the hallmarks of well-rounded corporate leaders; seminar modules cover business ethics, strategic thinking, and the arts of sales, persuasion, and collaboration; and
WHEREAS, Second-year students have the opportunity to participate in the Plus Global Study Tour and Practicum; this semester-long program allows students to take a two-week study tour in a region of interest, and includes in-class lectures and a global business-related practicum; regions covered by Plus Global in the spring of 2003 include Central Europe, China, South America, and Southeast Asia; participants are sponsored by American companies operating in the region chosen, and the companies assist the students to complete their study tours successfully; and
WHEREAS, Teams of four to seven students in the Plus Global program travel to their chosen country, where they learn about social, cultural, and economic issues; in addition, students undertake a project directly tied to the country's economic development focus; for instance, in China, the focus is high technology, and in Europe, it is finance, energy, or a related area; the students' projects also benefit their sponsoring companies by helping to solve a current business problem or by addressing international analysis needs; and
WHEREAS, The Plus Program provides many of our future leaders in business and industry the opportunity to gain important skills in such critical areas as business communications, ethics, entrepreneurship, and international business; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby recognize the Plus Program at The University of Texas at Austin as a model of graduate business education and extend best wishes for the future to all of its participants; and, be it further
RESOLVED, That a copy of this Resolution be prepared for the faculty, staff, and students involved in this important program as an expression of esteem from the Texas Senate.
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator Barrientos was recognized and introduced to the Senate Gordon Healey, Director of International Offset Countertrade, Bell Helicopter Textron, Incorporated; Carl Martin, Vice-president of the International Department, Schlotzsky's, Incorporated; Diane Wilson, Assistant Director, Center for International Business Education and Research, McCombs School of Business; Dr. Kate Mackie, Lecturer,
Tuesday, March 25, 2003 SENATE JOURNAL 693
The Senate welcomed its guests.
SENATE RESOLUTION 403
Senator Carona offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to welcome members of the Texas Air Conditioning Contractors Association to the State Capitol; and
WHEREAS, A voluntary association of heating, ventilation, air conditioning, and refrigeration contractors, their employees, and HVAC/R industry support companies, the Texas Air Conditioning Contractors Association has for more than 20 years been a symbol of quality in the Texas air conditioning industry; the organization endeavors to ensure the success of all HVAC/R contractors in the state through communication, guidance, training, and leadership; and
WHEREAS, The association actively supports the education of staff, technicians, and contractors, and it promotes the professionalism of the HVAC/R industry, including continuing education for contractors; and
WHEREAS, The state association also coordinates the efforts of local chapters and at-large members so that a unified agenda may be presented when it addresses issues affecting the entire industry; and
WHEREAS, The Texas Air Conditioning Contractors Association promotes the betterment of Texas businesses, and this organization truly warrants special legislative recognition for its contributions to the Lone Star State; now, therefore, be it
RESOLVED, That the Senate of the 78th Texas Legislature hereby honor the Texas Air Conditioning Contractors Association and recognize March 25, 2003, as Texas Air Conditioning Contractors Association Day at the State Capitol.
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator Carona was recognized and introduced to the Senate Marvin White, Jay Warren, Bob Elolf, Mike Stephens, and Stephen Pape, members of the Texas Air Conditioning Contractors Association.
The Senate welcomed its guests.
GUESTS PRESENTED
Senator Barrientos was recognized and introduced to the Senate a delegation of students from various Texas colleges representing Student Lobby Day.
The Senate welcomed its guests.
CONCLUSION OF MORNING CALL
The President at 12:00 noon announced the conclusion of morning call.
694 78th Legislature — Regular Session 39th Day
(Senator Armbrister in Chair)
SENATE BILL 437 ON SECOND READING
On motion of Senator Lindsay and by unanimous consent, the regular order of business was suspended to take up for consideration SBi437 at this time on its second reading:
SB 437, Relating to the service area of the North Harris Montgomery Community College District.
The bill was read second time and was passed to engrossment by a viva voce vote.
SENATE BILL 437 ON THIRD READING
Senator Lindsay moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi437 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi27, Naysi3.
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Hinojosa, Jackson, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini.
Nays:iiJanek, Ratliff, Wentworth.
Absent-excused:iiHarris.
The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0.
Absent-excused:iiHarris.
COMMITTEEiiSUBSTITUTE
SENATE BILL 361 ON SECOND READING
Senator Shapiro moved to suspend the regular order of business to take up for consideration CSSBi361 at this time on its second reading:
CSSB 361, Relating to the precedence of certain municipal highway access rules and ordinances over highway access management orders of the Texas Transportation Commission.
The motion prevailed by a viva voce vote.
The bill was read second time and was passed to engrossment by a viva voce vote.
COMMITTEEiiSUBSTITUTE
SENATE BILL 361 ON THIRD READING
Senator Shapiro moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi361 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi27, Naysi3.
Tuesday, March 25, 2003 SENATE JOURNAL 695
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Hinojosa, Jackson, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini.
Nays:iiJanek, Ratliff, Wentworth.
Absent-excused:iiHarris.
The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0.
Absent-excused:iiHarris.
SENATE BILL 314 ON SECOND READING
Senator Janek moved to suspend the regular order of business to take up for consideration SBi314 at this time on its second reading:
SB 314, Relating to the medical transportation program.
The motion prevailed by a viva voce vote.
RECORD OF VOTES
Senators Shapleigh and Zaffirini asked to be recorded as voting "Nay" on the suspension of the regular order of business.
Senator West asked to be recorded as "Present-not voting" on the suspension of the regular order of business.
The bill was read second time.
Senator Duncan offered the following amendment to the bill:
Floor Amendment No. 1
Amend SB 314 by striking "single statewide transportation broker or with" on page 1, lines 13 and 14.
The floor amendment was read and was adopted by a viva voce vote.
RECORD OF VOTES
Senators Shapleigh and Zaffirini asked to be recorded as voting "Nay" on the adoption of Floor Amendment No. 1.
Senator West asked to be recorded as "Present-not voting" on the adoption of Floor Amendment No. 1.
On motion of Senator Janek and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
SB 314 as amended was passed to engrossment by a viva voce vote.
RECORD OF VOTES
Senators Shapleigh and Zaffirini asked to be recorded as voting "Nay" on the passage of SBi314 to engrossment.
Senator West asked to be recorded as "Present-not voting" on the passage of SBi314 to engrossment.
696 78th Legislature — Regular Session 39th Day
COMMITTEEiiSUBSTITUTE
SENATE BILL 443 ON THIRD READING
On motion of Senator Wentworth and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi443 at this time on its third reading and final passage:
CSSB 443, Relating to access to criminal history record information concerning volunteers with certain programs providing activities to children.
The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0.
Absent-excused:iiHarris.
COMMITTEEiiSUBSTITUTE
SENATE BILL 86 ON SECOND READING
Senator Wentworth moved to suspend the regular order of business to take up for consideration CSSBi86 at this time on its second reading:
CSSB 86, Relating to the eligibility of a high school graduate for automatic admission to an institution of higher education.
The motion prevailed by a viva voce vote.
The bill was read second time.
Senator Van de Putte offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 86 in SECTION 1 of the bill, in added Subsection (d), Section 51.803, Education Code, (page 1, line 54) by striking "2007-2008 academic year" and substituting "2008-2009 academic year".
The floor amendment was read.
On motion of Senator Van de Putte, Floor Amendment No.i1 was withdrawn.
(President in Chair)
Senator Wentworth offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSSB 86 in SECTION 1 of the bill, in added Subsection (d), Section 51.803, Education Code, (page 1, lines 57-60) by striking "and that has received a waiver of those curriculum requirements from the Texas Education Agency due to an inability to offer or make available that curriculum".
The floor amendment was read and was adopted by a viva voce vote.
Tuesday, March 25, 2003 SENATE JOURNAL 697
Senator Wentworth offered the following amendment to the bill:
Floor Amendment No. 3
Amend CSSB 86 as follows:
(1)iiIn SECTION 1 of the bill, at the end of amended Section 51.803, Education Code (page 1, between lines 60 and 61), insert the following:
(e)iiAn applicant who does not satisfy the requirements of Subsection (a)(2) is considered to have satisfied those requirements if the high school from which the student graduated indicates on the student's transcript that the student was unable to complete the appropriate curriculum solely because necessary courses were unavailable to the student at the appropriate times in the student's high school career as a result of course scheduling, lack of enrollment capacity, or another cause not within the student's control.
(2)iiInsert the following new SECTION, appropriately numbered, and renumber subsequent SECTIONS of the bill accordingly:
SECTIONi .iSection 28.025, Education Code, is amended by adding Subsections (g) and (g-1) to read as follows:
(g)iiIf a student, other than a student permitted to take courses under the minimum high school program as provided by Subsection (b), is unable to complete the recommended or advanced high school program solely because necessary courses were unavailable to the student at the appropriate times in the student's high school career as a result of course scheduling, lack of enrollment capacity, or another cause not within the student's control, the school district shall indicate that fact on the student's transcript form described by Subsection (e).
(g-1)iiSubsection (g) applies to students entering the ninth grade in the 2003-2004 school year and thereafter. This subsection expires Januaryi1, 2004.
The floor amendment was read and was adopted without objection.
On motion of Senator Wentworth and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
CSSB 86 as amended was passed to engrossment by a viva voce vote.
STATEMENT OF LEGISLATIVE INTENT
Senator Wentworth submitted the following statement of legislative intent for Floor Amendment No.i3 to CSSBi86:
At the request of Senators West and Zaffirini, in order to make crystal clear the intent of lines 28 and 29 of Floor Amendment No.i3 to CSSBi86, I assert that it is the intent that only Subsection (g-1) expires on January 1, 2004, and not Subsection (g).
WENTWORTH
COMMITTEEiiSUBSTITUTE
SENATE BILL 418 ON SECOND READING
Senator Nelson moved to suspend the regular order of business to take up for consideration CSSBi418 at this time on its second reading:
CSSB 418, Relating to the regulation and prompt payment of health care providers; providing penalties.
The motion prevailed by a viva voce vote.
The bill was read second time.
698 78th Legislature — Regular Session 39th Day
Senator Brimer offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 418 as follows:
(1)iiOn page 20, lines 3 through 5, strike "50% of the difference between billed charges for the amount not timely paid, as submitted on the claim, and the contracted rate for the amount not timely paid" and insert "fifty (50) percent of the underpaid amount."
(2)iiOn page 20, lines 12 through 14, strike "100% of the difference between billed charges for the amount not timely paid, as submitted on the claim, and the contracted rate for the amount not timely paid" and insert "one hundred (100) percent of the underpaid amount."
(3)iiOn page 36, lines 23 through 25, strike "50% of the difference between billed charges for the amount not timely paid, as submitted on the claim, and the contracted rate for the amount not timely paid" and insert "fifty (50) percent of the underpaid amount."
(4)iiOn page 37, lines 5 through 7, strike "100% of the difference between billed charges for the amount not timely paid, as submitted on the claim, and the contracted rate for the amount not timely paid" and insert "one hundred (100) percent of the underpaid amount."
The floor amendment was read and was adopted without objection.
Senator Van de Putte offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSSB 418 as follows:
(1)iiOn page 23, line 8, strike "or 21.58A"
(2)iiOn page 47, line 25, strike "or 21.58A"
The floor amendment was read.
On motion of Senator Van de Putte, Floor Amendment No.i2 was withdrawn.
On motion of Senator Nelson and by unanimous consent, consideration of CSSBi418 was temporarily postponed.
Question — Shall CSSB 418 be passed to engrossment?
SENATE BILL 304 ON SECOND READING
Senator Brimer moved to suspend the regular order of business to take up for consideration SBi304 at this time on its second reading:
SB 304, Relating to municipal officer and employee participation in state travel services contracts.
The motion prevailed by a viva voce vote.
The bill was read second time and was passed to engrossment by a viva voce vote.
Tuesday, March 25, 2003 SENATE JOURNAL 699
SENATE BILL 304 ON THIRD READING
Senator Brimer moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi304 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi27, Naysi3.
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Hinojosa, Jackson, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini.
Nays:iiJanek, Ratliff, Wentworth.
Absent-excused:iiHarris.
The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0.
Absent-excused:iiHarris.
AT EASE
The President at 12:56 p.m. announced the Senate would stand At Ease subject to the call of the Chair.
IN LEGISLATIVE SESSION
The President at 1:05 p.m. called the Senate to order as In Legislative Session.
COMMITTEEiiSUBSTITUTE
SENATE BILL 418 ON SECOND READING
The President laid before the Senate CSSBi418 on its second reading. The bill had been read second time and amended, and further consideration was temporarily postponed:
CSSBi418, Relating to the regulation and prompt payment of health care providers; providing penalties.
Question — Shall CSSB 418 be passed to engrossment?
Senator Van de Putte offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSSB 418 as follows:
(1)iiOn page 2, lines 61 through 65, delete "[(g) The investigation and
determination of payment, including any coordination of other payments, does not
extend the period for determining whether a claim is payable under Subsection (e) or
(f) of this section or for auditing the claim under Subsection (h) of this section]"
(2)iiOn page 13, lines 28 through 32, delete "[Sec. 843.3395. INVESTIGATION
AND DETERMINATION OF PAYMENT. The investigation and determination of
payment, including any coordination of other payments, does not extend the period
for determining whether a claim is payable under Section 843.338 or 843.339 or for
auditing a claim under Section 843.340.]"
The floor amendment was read and was adopted by a viva voce vote.
700 78th Legislature — Regular Session 39th Day
Senator Van de Putte offered the following amendment to the bill:
Floor Amendment No. 3
Amend CSSB 418 as follows:
(1)iiOn page 3, line 6, between "the" and "claim" insert "clean"
(2)iiOn page 3, line 9, between "the" and "claim" insert "clean"
(3)iiOn page 3, line 12, between "the" and "claim" insert "clean"
(4)iiOn page 5, line 21, between "(f)" and "claim" delete "A" and insert "An otherwise clean"
(5)iiOn page 11, line 11, between "(g)" and "claim" delete "A" insert "An otherwise clean claim"
(6)iiOn page 13, line 42, between "the" and "claim" insert "clean"
(7)iiOn page 13, line 45, between "the" and "claim" insert "clean"
(8)iiOn page 13, line 49, between "the" and "claim" insert "clean"
The floor amendment was read and was adopted by a viva voce vote.
Senator Van de Putte offered the following amendment to the bill:
Floor Amendment No. 4
Amend CSSB 418 as follows:
(1)iiOn page 5, line 15, between "element" and "that" insert "for an electronic claim"
(2)iiOn page 11, line 18, between "element" and "that" insert "for an electronic claim"
The floor amendment was read and was adopted by a viva voce vote.
Senator Van de Putte offered the following amendment to the bill:
Floor Amendment No. 5
Amend CSSB 418 as follows:
(1)iiOn page 5, line 63, add new subparagraphs (d) and (e) to read as follows and renumber the subsequent subparagraphs as appropriate:
"(d)iiAn insurer may decline to determine eligibility for payment if the insurer notifies the physician or preferred provider who requested the verification of the specific reason the determination was not made.
(e)iiAn insurer may establish a specific period during which the verification is valid of not less than 30 days."
(2)iiOn page 17, line 14, add new subparagraphs (d) and (e) to read as follows and renumber the subsequent subparagraphs as appropriate:
"(d)iiAn health maintenance organization may decline to determine eligibility for payment if the insurer notifies the physician or preferred provider who requested the verification of the specific reason the determination was not made.
(e)iiAn health maintenance organization may establish a specific period during which the verification is valid of not less than 30 days."
The floor amendment was read and was adopted by a viva voce vote.
Tuesday, March 25, 2003 SENATE JOURNAL 701
Senator Ratliff offered the following amendment to the bill:
Floor Amendment No. 6
Amend CSSB 418 as follows:
(1)iiOn page 7, lines 24 through 33, strike the current Subsection (e) and replace with:
"(e) An insurer shall have appropriate personnel reasonably available at a toll-free telephone number to respond to requests for preauthorization between 8ia.m. and 5ip.m. central time Monday through Friday on each day that is not a legal holiday. An insurer must have a telephone system capable of accepting or recording incoming phone calls for preauthorizations after 5ip.m. central time Monday through Friday and on Saturday, Sunday, and legal holidays and responding to each of those calls not later than 24 hours after the call is received."
(2)iiOn page 17, line 64 through page 18, line 5, strike the current Subsection (f) and replace with:
"(f) An insurer shall have appropriate personnel reasonably available at a toll-free telephone number to respond to requests for preauthorization between 8ia.m. and 5ip.m. central time Monday through Friday on each day that is not a legal holiday. An insurer must have a telephone system capable of accepting or recording incoming phone calls for preauthorizations after 5ip.m. central time Monday through Friday and on Saturday, Sunday, and legal holidays and responding to each of those calls not later than 24 hours after the call is received."
The floor amendment was read.
On motion of Senator Nelson, Floor Amendment No. 6 was tabled by the following vote:iiYeasi17, Naysi11.
Yeas:iiBarrientos, Deuell, Estes, Fraser, Gallegos, Hinojosa, Janek, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, VanideiPutte, Wentworth, Whitmire, Zaffirini.
Nays:iiAveritt, Bivins, Brimer, Carona, Duncan, Ellis, Jackson, Ratliff, Staples, West, Williams.
Absent:iiArmbrister, Lindsay.
Absent-excused:iiHarris.
Senator Van de Putte offered the following amendment to the bill:
Floor Amendment No. 7
Amend CSSB 418 as follows:
(1)iiOn page 9, line 63, strike "or 21.58A"
(2)iiOn page 19, line 38, strike "or 21.58A"
The floor amendment was read and was adopted by a viva voce vote.
702 78th Legislature — Regular Session 39th Day
Senator Ratliff offered the following amendment to the bill:
Floor Amendment No. 8
Amend CSSB 418 as follows:
(1)iiOn page 4, lines 4-11 through 4-15, strike the existing (2) and substitute "(2)iibe consistent with nationally recognized, noncommercial system of bundling edits and logic, if available."
(2)iiOn page 14, lines 14-30 through14-34, strike the existing (2) and substitute "(2)iibe consistent with nationally recognized, noncommercial system of bundling edits and logic, if available."
The floor amendment was read and was adopted by a viva voce vote.
On motion of Senator Nelson and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
CSSB 418 as amended was passed to engrossment by a viva voce vote.
COMMITTEEiiSUBSTITUTE
SENATE BILL 418 ON THIRD READING
Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi418 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi27, Naysi3.
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Hinojosa, Jackson, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini.
Nays:iiJanek, Ratliff, Wentworth.
Absent-excused:iiHarris.
The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0.
Absent-excused:iiHarris.
RESOLUTIONS OF RECOGNITION
The following resolutions were adopted by the Senate:
Congratulatory Resolutions
SR 433 by Deuell, Congratulating Rocky and Tricia Sexton on the birth of their son, Dylan Kincaid Sexton.
SR 434 by Ellis, Commending Jeffrey Daniel Gross of Houston for achieving the rank of Eagle Scout.
SR 435 by Ellis, Commending Frank D. Jackson of Prairie View for his service to his community.
SR 436 by Ellis, Commending Levi Adley Nash of Houston for achieving the rank of Eagle Scout.
Tuesday, March 25, 2003 SENATE JOURNAL 703
SR 437 by Ellis, Commending Joshua Aaron Gross of Houston for achieving the rank of Eagle Scout.
SR 438 by Ellis, Commending Michael Eisen Rosenthal of Houston for achieving the rank of Eagle Scout.
SR 439 by Ellis, Commending Ryan Benjamin Penner of Houston for achieving the rank of Eagle Scout.
SR 440 by Shapleigh, Commending J. M. Hanks High School in El Paso for its high educational standards.
SR 442 by Fraser, Congratulating Robert and Dene Ozment on their 50th wedding anniversary.
Official Designation Resolutions
SR 441 by Ratliff, Recognizing March 25, 2003, as Longview Day at the State Capitol.
HCR 109 (Madla), Recognizing March 25, 2003, as JPCA Day at the State Capitol.
ADJOURNMENT
On motion of Senator Whitmire, the Senate at 1:46 p.m. adjourned until 11:00ia.m. tomorrow.
AAAPPENDIXAA
COMMITTEE REPORTS
The following committee reports were received by the Secretary of the Senate in the order listed:
March 25, 2003
GOVERNMENT ORGANIZATIONi—iCSSB 264, CSSB 273
INFRASTRUCTURE DEVELOPMENT AND SECURITYi—iSB 756, SB 945, CSSB 345, CSSB 946
STATE AFFAIRSi—iSB 681, SB 959
704 78th Legislature — Regular Session 39th Day