SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE — REGULAR SESSION

AUSTIN, TEXAS

PROCEEDINGS

FIFTY-FIFTH DAY

(Thursday, April 24, 2003)

The Senate met at 11:00 a.m. pursuant to adjournment and was called to order by SenatoriRatliff.

The roll was called and the following Senators were present:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, Wentworth, West, Whitmire, Williams, Zaffirini.

The Presiding Officer announced that a quorum of the Senate was present.

The Reverend Matthew S. Kessler, MESA Community Church, Austin, offered the invocation as follows:

Love the Lord your God with all your heart and with all your soul and with all your mind and with all your strength. Love your neighbor as yourself. There is no commandment greater than these.ii(Mark 12:30-31)

Heavenly Father, I thank You that Your goodness and mercy is new each and every morning, and I thank You for the men and women of this legislative body. I thank You for Your love for each of them, that You know them and care deeply for them. Because of Your great love for each person here, I ask You to pour out Your holy spirit upon them. Give them the grace to seek You, Lord, with all their heart, soul, mind, and strength, and to love one another as You love them. Lord, I pray for their hearts. Give them the desire to serve and not to be served, knowing that what they do for the least of their brothers and sisters they also do for You. Lord, I pray for their souls. Give them the joy of knowing Your love, forgiveness, comfort, and peace. Lord, I pray for their minds. Give them wisdom to make righteous decisions pleasing in Your sight. Lord, I pray for their strength. Give them power to persevere in their calling to provide, protect, and prosper the people of this great state. Father, I ask Your blessing to be upon my brothers and sisters here this morning, gratefully and expectantly in the name of the risen Lord, Jesus Christ. Amen.

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.

CO-AUTHOR OF SENATE BILL 319

On motion of Senator Armbrister, Senator Jackson will be shown as Co-author of SBi319.

CO-AUTHORS OF SENATE BILL 835

On motion of Senator Williams, Senators Jackson, Ogden, Shapiro, and Staples will be shown as Co-authors of SBi835.

CO-AUTHOR OF SENATE BILL 1284

On motion of Senator Gallegos, Senator Zaffirini will be shown as Co-author of SBi1284.

CO-AUTHOR OF SENATE BILL 1919

On motion of Senator Harris, Senator Whitmire will be shown as Co-author of SBi1919.

BILL AND RESOLUTIONS SIGNED

The Presiding Officer announced the signing of the following enrolled bill and resolutions in the presence of the Senate after the caption had been read:

SBi240, HCR 85, HCR 210.

MESSAGE FROM THE GOVERNOR

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

Austin, Texas

April 23, 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 A MEMBER OF THE TEXAS BOARD OF CHIROPRACTIC EXAMINERS for a term to expire February 1, 2007:

Steve Minors, D. C.

1634 East Cesar Chavez Street

Austin, Texasii78702

(Dr. Minor will replace Dr. Thomas Rhudy of Rockwall who resigned)

TO BE A MEMBER OF THE MANUFACTURED HOUSING BOARD for a term to expire January 31, 2009:

Cary P. Yates

4006 Alexis Tate Circle

Missouri City, Texasii77459

TO BE A MEMBER OF THE TEXAS PARKS AND WILDLIFE COMMISSION for a term to expire February 1, 2009:

1090 78th Legislature — Regular Session 55th Day

Ned S. Holmes

1623 River Oaks Boulevard

Houston, Texasii77019

(Mr. Holmes will replace Mr. John Avila of Fort Worth whose term expired)

Respectfully submitted,

/s/Rick Perry

Governor

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 24, 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:

HB 897, Relating to the operation of certain employer coalitions and cooperatives established for the provision of health benefits coverage.

HB 1156, Relating to adoption of the Business Organizations Code.

HB 1165, Relating to corporations.

HB 1394, Relating to a revision of the general provisions of the Uniform Commercial Code.

HB 1567, Relating to the disposal of low-level radioactive waste; authorizing the exercise of the power of eminent domain.

HB 1637, Relating to the formation, organization, management, and records of certain business organizations.

HB 1882, Relating to incentives for certain high schools and high school students to participate in the Early High School Graduation Scholarship program.

HB 1887, Relating to funds received by institutions of higher education to cover overhead expenses of conducting research.

HB 1941, Relating to authorizing the issuance of revenue bonds for The University of Texas Health Science Center at Houston for recovery from Tropical Storm Allison and exempting the property and projects financed by the bonds from prior approval by the Texas Higher Education Coordinating Board.

HCR 203, Designating April 2003 as Sexual Assault Awareness Month in Texas.

HCR 205, Designating April 20-26, 2003, as Minority Cancer Awareness Week in Texas.

Thursday, April 24, 2003 SENATE JOURNAL 1091

SB 260, Relating to continuation and functions of the Texas Board of Professional Land Surveying.

SB 263, Relating to the continuation and functions of the State Board of Dental Examiners.

(Amended)

SB 416, Relating to the regulation of boilers.

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

PERMISSION TO INTRODUCE BILLS

Senator Lucio moved to suspend Senate Rule 7.07(b) and Section 5, ArticleiIII, of the Texas Constitution to permit the introduction of the following bills:

SBi1914, SB 1915.

The motion prevailed by the following vote:iiYeasi31, Naysi0.

PHYSICIAN OF THE DAY

Senator Armbrister was recognized and presented Dr. Robert Stark of Brenham as the Physician of the Day.

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

SENATE BILLS ON FIRST READING

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

SB 1913 by Staples

Relating to the creation of the Southwest Montgomery County Improvement District; providing authority to impose taxes and issue bonds.ii(Local Bill)

To Committee on Intergovernmental Relations.

SB 1914 by Wentworth

Relating to powers and duties of the Edwards Aquifer Authority to manage and protect the Edwards Aquifer including groundwater withdrawals, permitting, aquifer management fees, recharge projects, demand management and transfers, the board of directors of the Edwards Aquifer Authority and revenue bonding authority.

To Committee on Natural Resources.

SB 1915 by Armbrister

Relating to the terms of court of the 9th Judicial District.

To Committee on Jurisprudence.

SB 1916 by Armbrister

Relating to the creation, administration, powers, duties, operation, and financing of the Colony Municipal Utility District No. 1.ii(Local Bill)

To Committee on Natural Resources.

1092 78th Legislature — Regular Session 55th Day

SB 1917 by Armbrister

Relating to the creation, administration, powers, duties, operation, and financing of the Elgin Municipal Utility District No. 1.ii(Local Bill)

To Committee on Natural Resources.

SB 1918 by Armbrister

Relating to the creation of the Katy Towne Centre Development District; providing authority to impose a tax and issue bonds.ii(Local Bill)

To Committee on Intergovernmental Relations.

SENATE RESOLUTION 473

Senator VanideiPutte offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize the women's basketball team at The University of Texas at San Antonio for winning first place in the Southland Conference; and

WHEREAS, The Roadrunners captured their first regular season title with a 49-38 victory over Southeastern Louisiana University; and

WHEREAS, Ricardo Romo, president of The University of Texas at San Antonio, declared March 7, 2003, as Spirit Day to honor the team for its victory; all students and staff were encouraged to express their deep pride in the Roadrunners by wearing the team's orange and blue colors and by offering their congratulations; and

WHEREAS, By winning first place, the Roadrunners earned a first round bye in the Southland Conference Tournament, allowing them to advance to the next round without playing; and

WHEREAS, The Roadrunners have displayed skill and tenacity throughout the season, and they have brought honor to the university and to the City of San Antonio; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend the women's basketball team of The University of Texas at San Antonio for their athletic prowess and congratulate them on their recent victory; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the team as an expression of esteem from the Texas Senate.

The resolution was again read.

The resolution was previously adopted on Monday, March 31, 2003.

GUESTS PRESENTED

Senator VanideiPutte, joined by Senator Zaffirini, was recognized and introduced to the Senate Rae Rippetoe-Blair, head coach, The University of Texas at San Antonio women's basketball team; Marianne Seven, assistant coach; and Tijwana Collins, Julie Rampley, and Dewalla Holliday, players; accompanied by other coaches and team members.

The Senate welcomed its guests.

Thursday, April 24, 2003 SENATE JOURNAL 1093

SENATE RESOLUTION 661

Senator Nelson offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize the Tarrant County Child Protective Services Board on the occasion of its 25th anniversary; and

WHEREAS, The Tarrant County Child Protective Services Board is one of more than 200 local child protective services boards across the state that are associated with the Texas Council of Child Welfare Boards; these boards are appointed by the county commissioners courts and strive to ensure the provision of support services to vulnerable children and their families and to promote the prevention of child abuse; and

WHEREAS, The state's child protective laws were first instituted in 1848, when a bill was enacted to provide an apprenticeship for protecting impoverished children under the age of 14; in 1907, the concept of court guardianship for dependent and neglected children was legislated, and in 1931, Texas enacted a law that created the Division of Child Welfare Services and allowed county commissioners courts to appoint boards to coordinate community services for the protection of children; in 1977, the Texas Council of Child Welfare Boards was created; and

WHEREAS, Child abuse and neglect affects every Texan, and the Tarrant County Child Protective Services Board has demonstrated dedication to its mission to ensure that children live in a loving, nurturing, and safe environment; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend the Tarrant County Child Protective Services Board for its invaluable work on behalf of the children of our state; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the members of the board as an expression of esteem from the Texas Senate.

The resolution was read and was adopted without objection.

GUESTS PRESENTED

Senator Nelson was recognized and introduced to the Senate representatives of the Tarrant County Child Protective Services Board.

The Senate welcomed its guests.

Senator Nelson was again recognized and introduced to the Senate her husband, J.iMichael Nelson.

The Senate welcomed its guest.

GUESTS PRESENTED

Senator Carona was recognized and introduced to the Senate students and teachers from the Richardson Independent School District.

The Senate welcomed its guests.

1094 78th Legislature — Regular Session 55th Day

FORMER SENATORS PRESENTED

Senator Whitmire, Dean of the Senate, was recognized and introduced to the Senate the following former Members of the Texas Senate: Don Adams of Jasper, Roy Blake of Nacogdoches, Chet Brooks of Pasadena, J.iE.i"Buster" Brown of Lake Jackson, Steve Carriker of Roby, Michael Galloway of The Woodlands, Congressman Gene Green of Houston, Bill Haley of Center, O.iH.i"Ike" Harris of Dallas, Don Henderson of Houston, Congresswoman Eddie Bernice Johnson of Dallas, Judge Cyndi Krier of San Antonio, Bill Meier of Euless, Carl Parker of Port Arthur, JohnnieiB. Rogers of Austin, A.iR.i"Babe" Schwartz of Galveston, Dan Shelley of Crosby, David Sibley of Waco, W.iE.i"Pete" Snelson of Midland, Jack Strong of Longview, and Congressman Jim Turner of Crockett.

The Senate welcomed its distinguished guests.

Senator Harris was recognized and acknowledged the following former Members who are now deceased:iiWilliamiO. Braecklein of Dallas, Martin Dies,iJr., of Lufkin, Tom Haywood of WichitaiFalls, RauliL. Longoria of the Rio Grande Valley, Mike McKool of Dallas, and Jimmy Phillips of Houston.

AT EASE

The Presiding Officer, Senator Ratliff in Chair, at 11:40ia.m. announced the Senate would stand At Ease subject to the call of the Chair.

IN LEGISLATIVE SESSION

Senator Ratliff at 11:50ia.m. called the Senate to order as In Legislative Session.

SENATE BILL 675 REREFERRED

Senator Estes submitted a Motion In Writing requesting that SBi675 be withdrawn from the Committee on State Affairs and rereferred to the Committee on Business and Commerce.

The Motion In Writing prevailed without objection.

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate Dr.iNancy Dickey, President, The Texas A&M University System Health Science Center; Dr.iElvin Smith, Executive Vice-president; Laura Smith, Vice-president of Governmental Affairs; and Chancellor's Student Advisory Board members from the Baylor College of Dentistry in Dallas, the School of Rural Public Health in College Station and McAllen, and the Graduate School of Biomedical Sciences in College Station and Houston.

The Senate welcomed its guests.

SENATE RESOLUTION 674

Senator Barrientos offered the following resolution:

WHEREAS, A postage stamp honoring CesariE. Chavez, one of America's foremost champions of social justice, is being unveiled by the United States Postal Service on Aprili24, 2003, in San Antonio, Texas; and

Thursday, April 24, 2003 SENATE JOURNAL 1095

WHEREAS, Mr. Chavez gained national renown as a founder and longtime leader of the United Farm Workers of America, AFL-CIO, an organization that fused advocacy for farm laborers with activism for civil rights; and

WHEREAS, Born March 31, 1927, near Yuma, Arizona, and later raised in California, Mr.iChavez spent much of his youth as a migrant laborer; as a Latino and a farmworker, he learned firsthand about the indignities of second-class citizenship and the unhealthy working and living conditions endured by those who tended the fields; and

WHEREAS, After serving in the United States Navy from 1944 to 1946, Cesar Chavez returned to California, and in 1948, he married Helen Fabela; four years later he became a community organizer for the Community Service Organization, a Latino civil rights group that carried out most of its work in urban areas, and by the late 1950s, he had become its national director; and

WHEREAS, When in 1962 the group declined to organize California farmworkers, Mr.iChavez and his colleague Dolores Huerta left the organization to found the National Farm Workers Association, a forerunner of the United Farm Workers; their fledgling union gained national prominence just three years later when it came to the support of workers who were striking California's grape growers; in addition to assuming leadership of the strike, Mr. Chavez launched a successful, nationwide consumers' boycott of nonunion grapes; and

WHEREAS, By the end of the five-year-long strike, the United Farm Workers had organized all of the California table-grape industry and negotiated the first collective bargaining agreements between American farmworkers and corporations; in 1975, Cesar Chavez and the United Farm Workers further succeeded in securing the passage of California's Agricultural Labor Relations Act, the first law in our nation's history granting farmworkers the right to unionize and bargain collectively; other accomplishments under Cesar's leadership included the establishment of a farmworkers' medical plan, pension plan, and credit union, as well as the National Farm Workers Service Center, Incorporated, whose projects included the development of affordable housing, health clinics, cooperatives, and a retirement home; and

WHEREAS, Throughout his life, Cesar Chavez sought to advance La Causa, the movement, through such nonviolent means as strikes, pickets, and boycotts; on several occasions, he also undertook lengthy fasts to draw public attention to the farmworkers' struggle; and

WHEREAS, Mr. Chavez continued to lead the United Farm Workers until his death on Aprili23, 1993; more than 50,000 people from across the country gathered to mourn him at his funeral, indicative of the far-reaching impact he had made on American society; and

WHEREAS, Since that time, numerous schools, streets, scholarships, monuments, buildings, and parks have been named in his memory, and a number of our country's cities have initiated annual celebrations in tribute to his life; several states, including Texas, have declared his birthday, March 31, a state holiday; in 1994, Mr. Chavez was posthumously awarded the nation's highest honor, the Presidential Medal of Freedom; and

1096 78th Legislature — Regular Session 55th Day

WHEREAS, Cesar Chavez chose to devote his life to the pursuit of social and economic justice through nonviolent means, and his courage and steadfastness in this great work brought improved health, greater security, and hope for a brighter future to countless people; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby celebrate the issuance of the CesariE. Chavez stamp by the United States Postal Service and join others throughout our nation in honoring the life of this revered American.

BARRIENTOS

VANiDEiPUTTE

The resolution was read and was adopted without objection.

CONCLUSION OF MORNING CALL

The Presiding Officer, Senator Ratliff in Chair, at 12:00 noon announced the conclusion of morning call.

COMMITTEEiiSUBSTITUTE
SENATE BILL 275 ON THIRD READING

Senator Nelson moved to suspend the regular order of business to take up for consideration CSSBi275 at this time on its third reading and final passage:

CSSB 275, Relating to the abolition of the Texas Department of Economic Development and the transfer of certain of its functions and the functions of the Texas Aerospace Commission to the Texas Economic Development Office.

The motion prevailed by a viva voce vote.

The bill was read third time.

Senator Nelson offered the following amendment to the bill:

Floor Amendment No. 1 on Third Reading

Amend CSSB 275, of the committee printing as follows:

On page 17, line 64, add a new SECTION 60 to read as follows and renumber subsequent sections accordingly:

SECTIONi60.iiSubsection (d), Section 156.251, Tax Code is amended to read as follows:

(d)iiAn amount equal to the amount of revenue derived from the collection of taxes imposed by this chapter at a rate of one-half of one percent shall be allocated in the general revenue fund to be used for [~~media advertising and other marketing activities of the Tourism Division of the Texas Department of Commerce~~] economic development activities, including tourism, of the Texas Economic Development Office. Section 403.094(h), Government Code, does not apply to funds described in this section. This subsection takes effect Octoberi1, 1994.

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

Thursday, April 24, 2003 SENATE JOURNAL 1097

Senator Brimer offered the following amendment to the bill:

Floor Amendment No. 2 on Third Reading

Amend CSSB 275 as follows:

Amend Sec. 481.022.iiGENERAL DUTIES OF THE OFFICE. The department shall:

page 6, line 5

add:

(7)iiestablish an interstate lead generation program to identify potential business partners to form networks in this state"

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 275 as amended was finally passed by a viva voce vote.

SENATE BILL 331 ON THIRD READING

Senator Brimer moved to suspend the regular order of business to take up for consideration SBi331 at this time on its third reading and final passage:

SB 331, Relating to statistical information concerning certain judicial proceedings to bypass parental notice of a minor's abortion.

The motion prevailed by a viva voce vote.

RECORD OF VOTES

Senators Barrientos, Ellis, Gallegos, Hinojosa, Shapleigh, VanideiPutte, Wentworth, West, and Whitmire asked to be recorded as voting "Nay" on the suspension of the regular order of business.

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

RECORD OF VOTES

Senators Barrientos, Ellis, Gallegos, Hinojosa, Shapleigh, VanideiPutte, Wentworth, West, and Whitmire asked to be recorded as voting "Nay" on the final passage of SBi331.

COMMITTEEiiSUBSTITUTE
SENATE BILL 396 ON SECOND READING

Senator Shapleigh moved to suspend the regular order of business to take up for consideration CSSBi396 at this time on its second reading:

CSSB 396, Relating to a technology immersion pilot project in public schools.

The motion prevailed without objection.

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

1098 78th Legislature — Regular Session 55th Day

(President in Chair)

SENATE JOINT RESOLUTION 33 ON SECOND READING

Senator Duncan moved to suspend the regular order of business to take up for consideration SJRi33 at this time on its second reading:

SJR 33, Proposing a constitutional amendment providing for appointment to fill vacancies in certain judicial offices and for nonpartisan retention elections for those offices.

The motion prevailed by the following vote:iiYeasi21, Naysi10.

Yeas:iiArmbrister, Averitt, Bivins, Brimer, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Hinojosa, Lucio, Madla, Ogden, Ratliff, Shapleigh, Staples, VanideiPutte, Wentworth, West, Whitmire.

Nays:iiBarrientos, Carona, Harris, Jackson, Janek, Lindsay, Nelson, Shapiro, Williams, Zaffirini.

The resolution was read second time.

Senator Duncan offered the following amendment to the resolution:

Floor Amendment No. 1

Amend SJR 33 by striking the following on page 2, linesi52-55 "Until the appointee is confirmed or rejected by an affirmative vote of two-thirds of the members of the committee, the appointee's eligibility to continue in office is not affected and" and replace with the following "Notwithstanding a temporary confirmation as provided by this section,"

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

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

SJR 33 as amended was passed to engrossment by a viva voce vote.

RECORD OF VOTES

Senators Barrientos, Carona, Harris, Jackson, Janek, Lindsay, Nelson, Shapiro, and Williams asked to be recorded as voting "Nay" on the passage of SJRi33 to engrossment.

SENATE BILL 794 ON SECOND READING

Senator Duncan moved to suspend the regular order of business to take up for consideration SBi794 at this time on its second reading:

SB 794, Relating to the appointment of certain judicial offices and a nonpartisan election for the retention or rejection of a person appointed to those offices.

The motion prevailed by a viva voce vote.

RECORD OF VOTES

Senators Barrientos, Carona, Harris, Jackson, Janek, Lindsay, Nelson, Shapiro, and Williams asked to be recorded as voting "Nay" on the suspension of the regular order of business.

Thursday, April 24, 2003 SENATE JOURNAL 1099

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

RECORD OF VOTES

Senators Barrientos, Carona, Estes, Harris, Jackson, Janek, Lindsay, Nelson, Shapiro, and Williams asked to be recorded as voting "Nay" on the passage of SBi794 to engrossment.

COMMITTEEiiSUBSTITUTE
SENATE BILL 155 ON THIRD READING

Senator Zaffirini moved to suspend the regular order of business to take up for consideration CSSBi155 at this time on its third reading and final passage:

CSSB 155, Relating to the protection and use of public freshwater areas; providing a penalty.

The motion prevailed by a viva voce vote.

The bill was read third time.

(Senator Armbrister in Chair)

Senator Fraser offered the following amendment to the bill:

Floor Amendment No. 1 on Third Reading

Amend CSSB 155 on third reading, in SECTION 1 of the bill, in added Section 90.001, Parks and Wildlife Code, by adding a new Subdivision (4) to read as follows:

(4)ii"Navigable river or stream" means a river or stream that retains an average width of 30 feet from the mouth up.

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

Senator Ratliff offered the following amendment to the bill:

Floor Amendment No. 2 on Third Reading

Amend CSSB 155 (Senate committee printing) in SECTION 1 of the bill by striking added Section 90.001(3), Parks and Wildlife Code (page 1, lines 27-30), and substituting the following:

(3)ii"Protected freshwater area" means that portion of the bed, bottom, or bank of the following rivers or streams where the bed, bottom, or bank of the river or stream is within the gradient boundaries of the river or stream, is at or above tidewater limits, and is 30 feet or greater in width:

(A)iiBrazos River;

(B)iiColorado River;

(C)iiCypress Creek;

(D)iiGuadalupe River;

(E)iiLlano River;

(F)iiNeches River;

(G)iiNueces River;

(H)iiPecos River;

(I)iiRed River;

(J)iiRio Grande;

1100 78th Legislature — Regular Session 55th Day

(K)iiSabine River;

(L)iiSan Antonio River;

(M)iiSan Jacinto River;

(N)iiSulphur River; and

(O)iiTrinity River.

The floor amendment was read and failed of adoption by the following vote:iiYeasi7, Naysi24.

Yeas:iiBrimer, Jackson, Janek, Ogden, Ratliff, Staples, Williams.

Nays:iiArmbrister, Averitt, Barrientos, Bivins, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Lindsay, Lucio, Madla, Nelson, Shapiro, Shapleigh, VanideiPutte, Wentworth, West, Whitmire, Zaffirini.

Senator Staples offered the following amendment to the bill:

Floor Amendment No. 3 on Third Reading

Amend CSSB 155, in SECTION 1 of the bill, in added Section 90.004, Parks and Wildlife Code (committee printing page 1, line 57) by inserting a new Subsection (c) to read as follows and renumbering the subsequent Subsections appropriately:

(c)iian owner of the adjacent uplands on both sides of a protected freshwater area and the owner's agents, employees, representatives, and lessees only for the purpose of accessing their property on the opposite side of the protected freshwater area when no reasonable alternative is available;

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

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 4 on Third Reading

Amend CSSB 155, in SECTION 1 of the bill as follows:

(1)iiIn Section 90.004(a)(3)(H) (page 2, line 13), between "the lawful" and "construction" insert "transportation,";

(2)iiIn Section 90.004(a)(3)(H) (page 2, line 14) between "of" and "facilities" insert "equipment or";

(3)iiIn Section 90.004(a)(3)(H)(iii) (page 2, line 19) between "the" and "transportation" insert "exploration, production, or"; and

(4)iiIn Section 90.004(a)(3)(H)(iii) (page 2, line 20) between "gas, coal," and "and the products thereof" insert "other minerals,".

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

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 5 on Third Reading

Amend CSSB 155, in SECTION 1 of the bill as follows:

(1)iiIn Section 90.004(a)(3)(E) (page 2, line 6) between "a mineral lease" and ";" strike "or crossing easement granted by the General Land Office under the Natural Resources Code"; and

(2)iiIn Section 90.004(a)(3) (page 2, between lines 8 and 9) insert new (F) to read as follows:

Thursday, April 24, 2003 SENATE JOURNAL 1101

(F)iia person if operation of a motor vehicle is necessary to and is authorized by a crossing easement granted by the General Land Office under the Natural Resources Code;"; and

(3)iIn Section 90.004(a)(3) renumber subsequent provisions as appropriate.

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

Senator Whitmire offered the following amendment to the bill:

Floor Amendment No. 6 on Third Reading

Amend CSSB 155 by striking Sec.i90.005(b)(2) (page 2, lines 37 through 40) and substituting a new subsection (2) as follows:

(2)iiprovide for collection of a fee not to exceed the cost of allowing the limited use of motorized vehicles in protected freshwater areas within its jurisdiction; and

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

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

CSSB 155 as amended was finally passed by a viva voce vote.

RECORD OF VOTE

Senator Jackson asked to be recorded as voting "Nay" on the final passage of CSSBi155.

SENATE BILL 470 ON SECOND READING

Senator Lindsay moved to suspend the regular order of business to take up for consideration SBi470 at this time on its second reading:

SB 470, Relating to prohibition of signs and designation of scenic route on Spring-Cypress Road.

The motion prevailed by a viva voce vote.

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

SENATE BILL 470 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 SBi470 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi2.

Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini.

Nays:iiRatliff, Wentworth.

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

1102 78th Legislature — Regular Session 55th Day

SENATE BILL 1232 ON SECOND READING

Senator Wentworth moved to suspend the regular order of business to take up for consideration SBi1232 at this time on its second reading:

SB 1232, Relating to school district job postings.

The motion prevailed by a viva voce vote.

The bill was read second time.

Senator Wentworth offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend SB 1232 in SECTION 1 of the bill (introduced version, page 1) by adding a new Subsection (e) as follows:

(e)iiIf a school district has less than 10 days notice during the school year that a job vacancy will occur in a teaching position, the district shall post the job vacancy but may proceed to fill the vacant position.

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

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

SB 1232 as amended was passed to engrossment by a viva voce vote.

COMMITTEEiiSUBSTITUTE
SENATE BILL 396 ON THIRD READING

Senator Shapleigh moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi396 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi2.

Nays:iiRatliff, Wentworth.

The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.

COMMITTEEiiSUBSTITUTE
SENATE BILL 699 ON SECOND READING

Senator Shapleigh moved to suspend the regular order of business to take up for consideration CSSBi699 at this time on its second reading:

CSSB 699, Relating to establishment of a public education Internet portal.

The motion prevailed without objection.

The bill was read second time.

Thursday, April 24, 2003 SENATE JOURNAL 1103

Senator Shapleigh offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 699 as follows:

(1)iiIn SECTION 1 of the bill, in proposed Section 32.152(b)(2), Education Code (committee printing page 1, lines 31 and 32), strike "scientifically research-based instructional materials" and substitute "instructional materials that have been shown to improve academic performance".

(2)iiIn SECTION 1 of the bill, in proposed Section 32.155(a), Education Code (committee printing page 2, line 30), strike "full-time enrolled public school".

(3)iiIn SECTION 1 of the bill, in proposed Section 32.155(b), Education Code (committee printing page 2, line 37), immediately following the period, insert the following:

The criteria must limit the availability of scholarships to students who:

(1)iiare enrolled in a public school on a full-time basis; or

(2)iiwere enrolled in a public school on a full-time basis for at least three months during the preceding school year and indicate an intent to enroll in a public school on a full-time basis for at least three months during the school year for which the scholarship is offered.

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

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

CSSB 699 as amended was passed to engrossment without objection.

COMMITTEEiiSUBSTITUTE
SENATE BILL 699 ON THIRD READING

Senator Shapleigh moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi699 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi2.

Nays:iiRatliff, Wentworth.

The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.

COMMITTEEiiSUBSTITUTE
SENATE BILL 1489 ON SECOND READING

Senator Ogden moved to suspend the regular order of business to take up for consideration CSSBi1489 at this time on its second reading:

1104 78th Legislature — Regular Session 55th Day

CSSB 1489, Relating to recruiting foster parents from certain organizations and immunity from liability of those organizations.

The motion prevailed without objection.

The bill was read second time and was passed to engrossment without objection.

COMMITTEEiiSUBSTITUTE
SENATE BILL 1489 ON THIRD READING

Senator Ogden moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi1489 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi2.

Nays:iiRatliff, Wentworth.

The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.

COMMITTEEiiSUBSTITUTE
SENATE BILL 122 ON SECOND READING

Senator Lindsay moved to suspend the regular order of business to take up for consideration CSSBi122 at this time on its second reading:

CSSB 122, Relating to jury service in certain counties by persons removed from a jury panel.

The motion prevailed without objection.

The bill was read second time.

Senator West offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 122 in SECTION 1 of the bill, by striking amended Section 62.021, Government Code (page 1, lines 15-25), and substituting the following:

Sec.i62.021.ii[~~DISMISSAL OF~~] JUROR REMOVED FROM PANEL. In a county with a population of 1.5 million or more, a prospective juror removed from a jury panel for cause, by peremptory challenge or for any other reason, [~~must be dismissed from jury service. After dismissal, the person~~] may [~~not~~] be placed on another jury panel [~~until his name is returned to the jury wheel and drawn again for jury service~~].

The floor amendment was read and was adopted without objection.

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

CSSB 122 as amended was passed to engrossment without objection.

Thursday, April 24, 2003 SENATE JOURNAL 1105

COMMITTEEiiSUBSTITUTE
SENATE BILL 122 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 CSSBi122 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi2.

Nays:iiRatliff, Wentworth.

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

SENATE BILL 409 ON SECOND READING

Senator Lucio moved to suspend the regular order of business to take up for consideration SBi409 at this time on its second reading:

SB 409, Relating to the membership of the Texas Transportation Commission.

The motion prevailed by a viva voce vote.

RECORD OF VOTES

Senators Armbrister, Bivins, and Staples asked to be recorded as voting "Nay" on the suspension of the regular order of business.

The bill was read second time.

Senator Lucio offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 409 by striking Subsection (b) of SECTIONi1 of the bill (committee printing page 1, line 16) and substituting a new Subsection (b) as follows:

(b)iiThe members shall be appointed from different regions of the state.

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

Senator Lindsay offered the following amendment to the bill:

Floor Amendment No. 2

Amend SB 409 in SECTION 1 of the bill, by striking Subsection (b), Section 201.051, Transportation Code, and substituting the following:

(b)iiOne member must reside in a rural area.

The floor amendment was read.

On motion of Senator Lindsay, Floor Amendment No.i2 was withdrawn.

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

SB 409 as amended was passed to engrossment by a viva voce vote.

1106 78th Legislature — Regular Session 55th Day

RECORD OF VOTES

Senators Armbrister, Bivins, and Staples asked to be recorded as voting "Nay" on the passage of SB 409 to engrossment.

SENATE BILL 409 ON THIRD READING

Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi409 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi26, Naysi5.

Yeas:iiAveritt, Barrientos, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, VanideiPutte, West, Whitmire, Williams, Zaffirini.

Nays:iiArmbrister, Bivins, Ratliff, Staples, Wentworth.

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

RECORD OF VOTES

Senators Armbrister, Bivins, and Staples asked to be recorded as voting "Nay" on the final passage of SB 409.

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate Joe Ruff, Commanding Officer of the USS Texas, and Mark Brooks, Chief of the Boat of the USS Texas.

The Senate welcomed its guests.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 24, 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:

HB 493, Relating to the continuation of the Texas Department on Aging.

HB 1549, Relating to changes required in election laws to implement the federal Help America Vote Act of 2002.

HB 1856, Relating to a review of the operations of the Windham School District by the Sunset Advisory Commission.

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

Thursday, April 24, 2003 SENATE JOURNAL 1107

(President in Chair)

COMMITTEEiiSUBSTITUTE
SENATE BILL 340 ON SECOND READING

Senator Staples moved to suspend the regular order of business to take up for consideration CSSBi340 at this time on its second reading:

CSSB 340, Relating to the rendition of property for ad valorem tax purposes; providing civil penalties.

The motion prevailed by a viva voce vote.

The bill was read second time.

Senator Staples offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 340 as follows:

(1)iiIn SECTION 1 of the bill, proposed Section 22.01(g), Tax Code (committee printing page 1, line 46), between "proceeding" and "involving" insert "under this title".

(2)iiIn SECTION 2 of the bill, proposed Section 22.07(d), Tax Code (committee printing page 2, line 28), between "proceeding" and "involving" insert "under this title".

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

Senator Barrientos offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 340 as follows:

(1)iiIn the recital to SECTION 1 of the bill (committee printing page 1, line 14), strike "(i)" and substitute "(j)".

(2)iiIn SECTION 1 of the bill, in proposed Section 22.01(g)(2), Tax Code (committee printing page 1, line 50), strike "Section 22.29(b)" and substitute "Section 22.29".

(3)iiBetween SECTIONS 1 and 2 of the bill (committee printing page 2, between lines 4 and 5), insert the following:

(j)iiIf the property owner is a business with 50 or fewer employees, the property owner may base the owner's estimate of the market value of the property under Subsection (a)(5) on the depreciation schedules used for federal income tax purposes.

(4)iiStrike SECTION 2 of the bill (committee printing page 2, lines 5-40) and renumber the subsequent sections of the bill accordingly.

(5)iiIn the recital to SECTION 5 of the bill (committee printing page 3, line 15), strike "22.28, 22.29, and 22.30" and substitute "22.28 through 22.31".

(6)iiIn SECTION 5 of the bill, in proposed Section 22.29(a), Tax Code (committee printing page 3, lines 35 and 36), strike "it is finally determined by a court" and substitute "the chief appraiser, after inspecting books, records, and papers produced following the granting of an injunction under Section 22.31, determines".

(7)iiIn SECTION 5 of the bill, strike proposed Sections 22.29(b) and (c), Tax Code (committee printing page 3, lines 45-62), and substitute the following:

1108 78th Legislature — Regular Session 55th Day

(b)iiIn determining whether to impose a penalty under this section, the chief appraiser shall consider the factors listed in Section 22.31(b).

(8)iiIn SECTION 5 of the bill, in proposed Section 22.29(d), Tax Code (committee printing page 3, line 63), strike "(d)" and substitute "(c)".

(9)iiBetween SECTIONS 5 and 6 of the bill (committee printing page 4, between lines 33 and 34), insert the following:

Sec.i22.31.iiINJUNCTION REQUIRING ACCESS TO BOOKS, RECORDS, AND PAPERS. (a) The chief appraiser may bring an action for an injunction requiring a person who has filed a rendition statement or property report to produce for inspection the books, records, and papers in the possession of the person that contain the information required by Section 22.01. The court shall grant the injunction if the court finds that:

(1)iithere is good cause for doing so; and

(2)iiit is reasonably likely that property or a portion of the appraised value of property will escape taxation unless the injunction is granted.

(b)iiIn making a determination of good cause under this section, the court shall consider:

(1)iithe person's compliance history with respect to paying taxes and filing rendition statements or property reports;

(2)iithe type, nature, and taxability of the specific property involved;

(3)iithe type, nature, size, and sophistication of the person's business or other entity for which property is rendered;

(4)iithe completeness of the person's records;

(5)iithe person's reliance on advice provided by the appraisal district that may have contributed to the manner in which the property was rendered;

(6)iiany change in appraisal district policy during the current or preceding tax year that may affect how property is rendered; and

(7)iiany other factor the court considers relevant.

(c)iiBooks, records, or papers produced for inspection by the chief appraiser or an agent or representative of the chief appraiser under this section are confidential to the same extent that a rendition statement or property report is confidential under Section 22.27.

(d)iiThe chief appraiser may not engage a person on a contingency fee basis to examine books, records, or papers produced for inspection under this section.

(10)iiIn SECTION 7 of the bill, in proposed Section 41.43(d), Tax Code (committee printing page 4, lines 51 and 52), strike "or a response to the chief appraiser's request for information under Section 22.07(c)".

The floor amendment was read.

On motion of Senator Staples, Floor Amendment No.i2 was tabled by the following vote:iiYeasi21, Naysi10.

Yeas:iiArmbrister, Averitt, Bivins, Brimer, Carona, Deuell, Duncan, Estes, Fraser, Harris, Hinojosa, Jackson, Janek, Lindsay, Nelson, Ogden, Ratliff, Shapiro, Staples, Wentworth, Williams.

Nays:iiBarrientos, Ellis, Gallegos, Lucio, Madla, Shapleigh, VanideiPutte, West, Whitmire, Zaffirini.

Thursday, April 24, 2003 SENATE JOURNAL 1109

Senator Barrientos offered the following amendment to the bill:

Floor Amendment No. 3

Amend CSSB 340 in SECTION 1 of the bill, in amended Section 22.01(a), Tax Code, by striking Subdivisions (4) and (5) of that subsection (committee printing page 1, lines 26-31) and substituting the following:

(4)iithe physical location or taxable situs of the property;

(5)iithe property owner's good faith estimate of the market value of the property;

(6)iithe cost of the property when acquired; and

(7)iithe year the property was acquired.

The floor amendment was read.

On motion of Senator Staples, Floor Amendment No. 3 was tabled by the following vote:iiYeasi21, Naysi10.

Yeas:iiArmbrister, Averitt, Bivins, Brimer, Carona, Deuell, Duncan, Estes, Fraser, Harris, Hinojosa, Jackson, Janek, Lindsay, Nelson, Ogden, Ratliff, Shapiro, Staples, Wentworth, Williams.

Nays:iiBarrientos, Ellis, Gallegos, Lucio, Madla, Shapleigh, VanideiPutte, West, Whitmire, Zaffirini.

Senator Janek offered the following amendment to the bill:

Floor Amendment No. 4

Amend CSSB 340 as follows:

(1)iiBetween SECTIONS 5 and 6 of the bill (committee printing page 4, between lines 33 and 34), insert the following section, appropriately numbered, and renumber the subsequent sections of the bill accordingly:

SECTIONi__.iiSection 23.23, Tax Code, is amended by adding Subsection (f) to read as follows:

(f)iiNotwithstanding Subsections (a) and (e) and except as provided by Subdivision (2), an improvement to property that would otherwise constitute a new improvement is not treated as a new improvement if the improvement is a replacement structure for a structure that was rendered uninhabitable or unusable by a casualty or by mold or water damage. For purposes of appraising the property in the tax year in which the structure would have constituted a new improvement:

(1)iithe last year in which the property was appraised for taxation before the casualty or damage occurred is considered to be the last year in which the property was appraised for taxation for purposes of Subsection (a)(2)(A); and

(2)iithe replacement structure is considered to be a new improvement only to the extent it is a significant improvement over the replaced structure as that structure existed before the casualty or damage occurred.

(2)iiAt the end of SECTION 8 of the bill (committee printing page 4, following line 64) add the following:

1110 78th Legislature — Regular Session 55th Day

(c)iiSubsection (f), Section 23.23, Tax Code, as added by this Act, applies to the appraisal of property for a tax year beginning on or after the effective date of this Act regardless of whether the casualty or mold or water damage occurred before, on, or after the effective date of this Act.

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

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

CSSB 340 as amended was passed to engrossment by a viva voce vote.

COMMITTEEiiSUBSTITUTE
SENATE BILL 340 ON THIRD READING

Senator Staples moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi340 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi28, Naysi3.

Yeas:iiArmbrister, Averitt, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini.

Nays:iiBarrientos, Ratliff, Wentworth.

The bill was read third time and was passed by the following vote:iiYeasi27, Naysi4.

Yeas:iiArmbrister, Averitt, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Harris, Hinojosa, Jackson, Janek, Lindsay, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, Wentworth, West, Whitmire, Williams, Zaffirini.

Nays:iiBarrientos, Gallegos, Lucio, Madla.

SENATE RULE 11.18(a) SUSPENDED

(Public Hearings)

On motion of Senator Ratliff and by unanimous consent, Senate Rule 11.18(a) was suspended in order that the Committee on State Affairs might consider SBi563 today.

SENATE RULES SUSPENDED

(Posting Rules)

On motion of Senator West and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Subcommittee on Higher Education might meet and consider the following bills today:

SBi1230, SBi1443, SBi1908.

Thursday, April 24, 2003 SENATE JOURNAL 1111

NOTICE GIVEN FOR

LOCAL AND UNCONTESTED CALENDAR

Senator Harris announced that a Local and Uncontested Calendar had been furnished to each Member of the Senate. He then gave notice that the Local and Uncontested Calendar Session would be held at 8:00 a.m. tomorrow and that all bills and resolutions would be considered on second and third reading in the order in which they were listed.

SENATE RULE 11.13 SUSPENDED

(Consideration of Bills in Committees)

On motion of Senator Whitmire and by unanimous consent, Senate Rule 11.13 was suspended to grant all committees permission to meet while the Senate is meeting tomorrow.

MOTION TO ADJOURN

On motion of Senator Whitmire and by unanimous consent, the Senate at 2:58ip.m. agreed to adjourn, in memory of Senator WilliamiO. Braecklein of Dallas, Senator Martin Dies,iJr., of Lufkin, Senator Tom Haywood of Wichita Falls, Senator RauliL. Longoria of the Rio Grande Valley, Senator Mike McKool of Dallas, and Senator Jimmy Phillips of Houston, upon conclusion of the Local and Uncontested Calendar Session, until 10:00ia.m. tomorrow.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

SR 671 by Armbrister, In memory of Louise "Mimi" Nivison of Austin.

SR 673 by VanideiPutte, In memory of Dr. Raul C. Villafaña of San Antonio.

HCR 159 (Gallegos), Honoring the life of Jay Jahnke of Houston.

Congratulatory Resolutions

SR 666 by Gallegos, Commending citizens for observing May 1, 2003, as the 52nd annual National Day of Prayer.

SR 667 by Lindsay, Congratulating John W. Klein on his 63rd birthday.

SR 670 by Shapleigh, Commending Jessica Lynch of Palestine, West Virginia, for her courage and tenacity.

SR 672 by West, Commending Keith Evans Jerden for his contributions to the Grand Prairie Independent School District.

SR 676 by Hinojosa, Congratulating Dr. Roberto Zamora on his retirement as Superintendent of La Joya Independent School District.

Official Designation Resolutions

SCR 46 by Zaffirini, Designating April of 2003 as Sexual Assault Awareness Month.

SR 675 by Barrientos, Recognizing Rachele Smith as a treasured citizen of Austin and the State of Texas.

1112 78th Legislature — Regular Session 55th Day

HCR 203 (Zaffirini), Designating April 2003 as Sexual Assault Awareness Month in Texas.

HCR 205 (VanideiPutte), Designating April 20-26, 2003, as Minority Cancer Awareness Week in Texas.

RECESS

On motion of Senator Whitmire, the Senate at 2:59ip.m. recessed until 8:00ia.m. tomorrow for the Local and Uncontested Calendar Session.

AAAPPENDIXAA

COMMITTEE REPORTS

The following committee reports were received by the Secretary of the Senate in the order listed:

April 24, 2003

INFRASTRUCTURE DEVELOPMENT AND SECURITYi—iSB 488

BUSINESS AND COMMERCEi—iCSSB 1273

INFRASTRUCTURE DEVELOPMENT AND SECURITYi—iSB 1748

INTERGOVERNMENTAL RELATIONSi—iSBi1905, SBi1895, SBi1617, CSSBi1796

JURISPRUDENCEi—iSB 88, CSSB 1180, CSSBi1212, CSSBi1527, CSSBi1552, CSSBi1665, CSSBi1805, CSSBi1806, SBi1807, CSSBi1808, CSHBi858

VETERAN AFFAIRS AND MILITARY INSTALLATIONSi—iCSSJR 55

BUSINESS AND COMMERCEi—iCSSB 1318

NATURAL RESOURCESi—iCSSB 1378, SB 1713, SBi1883, SBi1884, SBi1379

INFRASTRUCTURE DEVELOPMENT AND SECURITYi—iCSSB 485, CSSBi972, CSSBi1464, SBi1504 (Amended), CSSBi1507, CSSBi1635, SBi1904 (Amended)

EDUCATIONi—iSB 315, SB 805, SB 1128, SB 1343, SB 1470

JURISPRUDENCEi—iHB 233, HB 234, HBi935, HBi1536, SBi1424

SENT TO GOVERNOR

April 24, 2003

SB 240

SIGNED BY GOVERNOR

April 24, 2003

SBi121, SBi353, SBi430, SBi868

Thursday, April 24, 2003 SENATE JOURNAL 1113

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