SEVENTY-EIGHTH LEGISLATURE — REGULAR SESSION
AUSTIN, TEXAS
PROCEEDINGS
SIXTY-SEVENTH DAY
(Monday, May 12, 2003)
The Senate met at 1:30 p.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, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, Wentworth, West, Whitmire, Williams, Zaffirini.
The President announced that a quorum of the Senate was present.
The Reverend Danny Helmes, Alliance Christian Center Assembly of God, Argyle, offered the invocation as follows:
Heavenly Father, we thank You for this day that You have made and for the opportunity we have within it to do good. You said in Your word that if any among us wish to become great we must become a servant. So I pray that these men and women would utilize their great positions, not for their own promotion, but for the betterment of those they serve. I pray that You would grant this body focus, efficiency, and unity, for a house divided against itself will fall. Bless these leaders with wisdom, good council, and favor. Prosper the work of their hands. In Jesus' name I pray. Amen.
Senator Whitmire moved that the reading of the Journal of the proceedings of Friday, Mayi9, 2003, be dispensed with and the Journal be approved as printed.
The motion prevailed without objection.
CO-AUTHOR OF SENATE BILL 1444
On motion of Senator Barrientos, Senator VanideiPutte will be shown as Co-author of SBi1444.
CO-AUTHOR OF SENATE BILL 1919
On motion of Senator Harris, Senator Ellis will be shown as Co-author of SBi1919.
CO-AUTHOR OF SENATE BILL 1949
On motion of Senator Harris, Senator Deuell will be shown as Co-author of SBi1949.
INTRODUCTION OF
BILLS AND RESOLUTIONS POSTPONED
The President announced that the introduction of bills and resolutions on first reading would be postponed until the end of today's session.
MESSAGE FROM THE GOVERNOR
The following Message from the Governor was read and was referred to the Committee on Nominations:
Austin, Texas
May 9, 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 ADVISORY BOARD OF ATHLETIC TRAINERS for terms to expire as indicated:
To Expire January 31, 2007:
D. Leilani Cronin
16038 Fontaine Avenue
Austin, Texasii78734
(replacing Michael Saly of Conroe whose term expired)
Michael Alan Waters
700 Nelson
Diboll, Texasii75941
(replacing Michael Stephens of Austin whose term expired)
To Expire January 31, 2009:
Lawrence M. Sampleton, Jr.
P.O. Box 1868
Austin, Texasii78767-1868
(replacing John Harvey of Houston whose term expired)
TO BE MEMBERS OF THE STATE BOARD OF NURSE EXAMINERS for terms to expire as indicated:
To Expire January 31, 2005:
Blanca Rosa Garcia, Ph.D.
3321 Casa Blanca
Corpus Christi, Texasii78411-3303
(replacing K. Sue McGee of Amarillo who resigned)
To Expire January 31, 2009:
Deborah H. Bell
790 Cypress
Abilene, Texasii79601
(Ms. Bell is being reappointed)
1542 78th Legislature — Regular Session 67th Day
Thomas L. Barton
P.O. Box 578
Pampa, Texasii79066
(replacing Thalia Munoz of Rio Grande City whose term expired)
Brenda S. Jackson, Ph.D., R.N.
307 Zornia Drive
San Antonio, Texasii78213
(replacing Elizabeth Poster of Arlington whose term expired)
TO BE A MEMBER OF THE TEXAS STRUCTURAL PEST CONTROL BOARD for a term to expire Februaryi1, 2009:
Brenda Hill
#14 Hunter's Ridge
Nacogdoches, Texasii75965
(Ms. Hill is replacing Les Hoyt of Amarillo whose term expired)
Respectfully submitted,
/s/Rick Perry
Governor
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
May 12, 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 59, Relating to the offense of aggravated kidnapping, the punishment for the offense of kidnapping, and the definition of and punishment for the offense of trafficking in persons.
HB 76, Relating to procedures adopted by a state entity to ensure an employment preference for veterans.
HB 94, Relating to retirement benefits for visiting judges.
HB 109, Relating to customs brokers.
HB 155, Relating to prohibiting a sex offender from owning or serving in certain capacities on behalf of a sexually oriented business; creating an offense and providing a penalty.
HB 264, Relating to supplemental contributions to the optional retirement program by institutions of higher education.
Monday, May 12, 2003 SENATE JOURNAL 1543
HB 341, Relating to parenting and postpartum counseling information to be provided to a pregnant woman.
HB 415, Relating to state funding of courses offered for joint high school and junior college credit.
HB 460, Relating to special license plates for certain government officials.
HB 492, Relating to the prosecution of injury to a child, elderly individual, or disabled individual.
HB 508, Relating to notice of an increase in certain rates or charges for certain group policies or contracts.
HB 542, Relating to the issuance of Texas Master Gardener license plates.
HB 552, Relating to expulsion of students from public schools for certain conduct.
HB 622, Relating to business leave time accounts for police officer employee organizations in certain municipalities.
HB 631, Relating to the issuance of Texas Lions Camp license plates.
HB 674, Relating to the modification of certain child support orders.
HB 679, Relating to requiring the Texas Department of Criminal Justice to inform certain inmates of their right to request to undergo an orchiectomy.
HB 693, Relating to funding for school districts that accept students using a public education grant.
HB 703, Relating to the property tax appraisal of property located in more than one appraisal district.
HB 705, Relating to liability of in-home service companies and residential delivery companies for negligent hiring.
HB 758, Relating to contracts between a school district and a business entity in which a district trustee has a substantial interest.
HB 796, Relating to repealing the Texas Academic Skills Program and establishing the Success Initiative.
HB 819, Relating to the prosecution of the offense of unlawfully carrying a handgun, illegal knife, or club.
HB 833, Relating to certain pharmaceutical services for an injured employee receiving workers' compensation medical benefits.
HB 860, Relating to the use of public school educators' days of service for which instruction is not required.
HB 893, Relating to the correction of an appraisal roll, a tax roll, and other appropriate records following the final determination of an ad valorem tax appeal.
HB 918, Relating to the authority of certain counties to implement a pilot program to provide certain indigent health care services and to the funding of the program.
1544 78th Legislature — Regular Session 67th Day
HB 922, Relating to financial responsibility requirements for certain persons licensed or permitted under the Alcoholic Beverage Code.
HB 982, Relating to the authority of a peace officer to make a warrantless arrest when a person confesses to committing a felony.
HB 1005, Relating to emergency orders and penalties for rock crushers and concrete plants.
HB 1082, Relating to the appraisal of property by appraisal districts.
HB 1168, Relating to the appraisal of public school teachers who direct extracurricular activities.
HB 1172, Relating to public school textbooks.
HB 1223, Relating to continuation of a residence homestead ad valorem tax exemption when the owner temporarily ceases occupying the homestead due to military service or other causes.
HB 1314, Relating to placement of certain students in alternative education programs.
HB 1353, Relating to a fee for preserving vital statistics records.
HB 1363, Relating to funding for the Texas Academy of Mathematics and Science.
HB 1368, Relating to the prosecution and punishment of the offense of making a false report to a peace officer or law enforcement employee.
HB 1380, Relating to certain products offered in connection with a consumer loan.
HB 1457, Relating to the authorization of the imposition of a temporary prohibition on enforcement of the law governing access to public beaches following a meteorological event.
HB 1470, Relating to guardianships and the jurisdiction of certain courts; providing a criminal penalty.
HB 1473, Relating to probate matters.
HB 1515, Relating to temporary license suspensions of registered nurses.
HB 1541, Relating to the general powers and authority of water districts.
HB 1600, Relating to the issuance of special license plates for members of the American Legion.
HB 1629, Relating to certain reports, records, offenses, and penalties under the Texas Controlled Substances Act.
HB 1661, Relating to the carrying of certain weapons by a person who holds a security officer commission issued by the Texas Commission on Private Security.
HB 1681, Relating to the amount of compensation and allowances for certain county auditors.
HB 1686, Relating to pharmacies that maintain emergency medication kits at certain institutions.
HB 1699, Relating to the liability of certain highway, road, and street contractors.
Monday, May 12, 2003 SENATE JOURNAL 1545
HB 1859, Relating to the construction or operation of chemical dependency treatment facilities near certain residential and community properties.
HB 1895, Relating to the compensation provided to an immediate family member or a household member of a deceased victim for funeral attendance and bereavement leave or certain other crime victims' services.
HB 1899, Relating to the prevention of the international abduction of a child by a parent of the child.
HB 1921, Relating to the immunization registry.
HB 1980, Relating to excepting certain land from the additional tax imposed on the change of use of land appraised for ad valorem tax purposes as open-space land.
HB 1985, Relating to the immunity of guardians ad litem in certain guardianship proceedings from liability for certain damages.
HB 2004, Relating to allowing the commissioners court of certain counties to deliberate in a closed meeting regarding business and financial considerations of a contract being negotiated.
HB 2019, Relating to the creation of a state advisory council with authority to promote research, education, treatment, and support activities related to persons with traumatic brain injuries.
HB 2033, Relating to historically underutilized businesses that perform investment brokerage services for a state agency.
HB 2040, Relating to authorizing certain state agencies to share information for investigative purposes.
HB 2043, Relating to the procedures for appointment of the board of directors of an appraisal district.
HB 2051, Relating to permits for access driveways to certain highways.
HB 2086, Relating to the possession or shooting of a handgun on the land of the Lower Colorado River Authority by a person licensed to carry a concealed handgun.
HB 2100, Relating to the disposing of abandoned motor vehicles.
HB 2107, Relating to special license plates supporting scholarships for surviving spouses and children of homicide victims.
HB 2148, Relating to the prohibition of a restriction or condition placed on a check tendered in payment of delinquent ad valorem taxes, penalties, and interest.
HB 2174, Relating to illegal uses of confidential information by persons having legal access to confidential information; creating an offense.
HB 2184, Relating to prohibiting the Texas Commission on Environmental Quality from amending, interpreting, impairing, or modifying a written contract for the wholesale provision of water.
HB 2199, Relating to the right of an insurance carrier to contest the compensability of an injury in a workers' compensation case; providing an administrative violation.
1546 78th Legislature — Regular Session 67th Day
HB 2208, Relating to the regulation of the practice of professional nursing.
HB 2212, Relating to the continuation of legal land use in newly incorporated areas.
HB 2237, Relating to the financial assistance for the eligible survivor of a member of an organized volunteer fire-fighting unit.
HB 2306, Relating to new millennium special license plates and to the new millennium reading program account.
HB 2308, Relating to ineligibility for participation in the low income housing tax credit program.
HB 2348, Relating to the dissolution of the Southeast Trinity Groundwater Conservation District.
HB 2389, Relating to the issuance of special license plates to benefit the Texas 4-H and Youth Development Program.
HB 2397, Relating to a vendor's or subcontractor's remedy for nonpayment of certain contracts.
HB 2416, Relating to the extension of the period for which an incomplete improvement on property owned by certain nonprofit organizations may be exempted from ad valorem taxation and exempting from additional taxes open-space land converted by certain nonprofit organizations for certain charitable purposes.
HB 2425, Relating to state and certain local fiscal matters; making an appropriation.
HB 2458, Relating to the collection of the motor fuel taxes; providing penalties.
HB 2474, Relating to electronic surveillance.
HB 2496, Relating to the date of the primary election.
HB 2518, Relating to the kinds of contracts of the Brazoria County Conservation and Reclamation District Number Three that are subject to competitive bidding.
HB 2525, Relating to the punishment of certain assaults committed against persons who contract with government and employees of those persons.
HB 2528, Relating to the authority of school districts to purchase electricity through a political subdivision corporation.
HB 2529, Relating to providing a grace period for enforcement actions against a small water supply, sewer, wastewater treatment, or solid waste disposal service being integrated into a regional service.
HB 2548, Relating to electric transmission capacity.
HB 2619, Relating to the amount of the application and license fee for a license to carry a concealed handgun.
HB 2624, Relating to the operation of community supervision and corrections departments and to the early release of a defendant from community supervision.
HB 2627, Relating to certain agreements offered in connection with a loan.
Monday, May 12, 2003 SENATE JOURNAL 1547
HB 2650, Relating to the creation of a council to oversee the implementation of a statewide integrated public safety radio communications system for public safety and homeland security purposes.
HB 2683, Relating to considering for school district accountability purposes the performance of students confined by court order in a residential program or facility operated by or under contract with the Texas Youth Commission.
HB 2718, Relating to the allocation and use of municipal hotel occupancy taxes in certain municipalities bordering bays.
HB 2721, Relating to the acanthosis nigricans screening program in certain public and private schools.
HB 2725, Relating to the destruction of records following certain expunctions.
HB 2726, Relating to authorizing an owner of inventory to waive the right to have the inventory appraised for ad valorem tax purposes at the price for which it would sell as a unit.
HB 2729, Relating to the regulation of bail bond sureties; providing penalties.
HB 2802, Relating to the establishment of a school of pharmacy at the University of North Texas Health Science Center at Fort Worth.
HB 2823, Relating to individual transition plans for certain students receiving special education services.
HB 2825, Relating to compliance monitoring of school districts by the commissioner of education and the Texas Education Agency.
HB 2826, Relating to a continuing ad valorem tax for the payment of bonds issued by a school district.
HB 2847, Relating to the transfer of the powers, duties, and functions under the Texas Aggregate Quarry and Pit Safety Act from the railroad commission to the department of transportation.
HB 2887, Relating to the exemption of certain services necessary to comply with federal and state construction storm water requirements from certain contract requirements.
HB 2908, Relating to the development of essential knowledge and skills for subjects in the enrichment curriculum.
HB 2912, Relating to industrial development corporations; providing a civil penalty.
HB 2931, Relating to the administration and finances of counties and certain other entities.
HB 2933, Relating to the abolition of the Commission on Human Rights and the transfer of its functions to a civil rights division within the attorney general's office.
HB 2963, Relating to the regulation of motor vehicle emissions in counties participating in early action compacts.
1548 78th Legislature — Regular Session 67th Day
HB 3011, Relating to certain reports, information, or records related to certain health care facilities.
HB 3017, Relating to the organization, administration, and validation of the creation and certain action of a coordinated county transportation authority.
HB 3020, Relating to the issuance of God Bless Texas and God Bless America special license plates.
HB 3022, Relating to the availability of preferred providers.
HB 3023, Relating to reimbursement and use of particular health care practitioners.
HB 3025, Relating to the payment of compensable costs by a municipality that requires the removal of an on-premise sign.
HB 3033, Relating to the appointment of a bailiff for the 75th District Court and for the 253rd District Court.
HB 3052, Relating to the prohibition of the use of certain colors on certain signs, signals, or markings.
HB 3089, Relating to competitive purchasing procedures for certain counties.
HB 3096, Relating to the penalty for the failure to timely file a report of political contributions and expenditures with the Texas Ethics Commission.
HB 3122, Relating to the establishment of locally based demonstration projects to provide health care benefits to certain low-income individuals.
HB 3141, Relating to stamping of cigarettes in interstate commerce.
HB 3151, Relating to the issuance of special license plates to fund disaster preparation and response by the Texas Department of Transportation.
HB 3154, Relating to certain information regarding sales and use taxes imposed by a municipality and to the confidentiality of that information; providing penalties.
HB 3168, Relating to determination of workers' compensation benefits and to dispute resolution regarding those benefits.
HB 3184, Relating to the financing, construction, improvement, maintenance, and operation of toll facilities by the Texas Department of Transportation.
HB 3185, Relating to the formula program for distribution of state grants to public transportation providers.
HB 3190, Relating to the refund or retention by a landlord of a security deposit under a commercial lease.
HB 3200, Relating to certain standards for assisted living facilities.
HB 3207, Relating to repaying the economic stabilization fund for any appropriations made from the fund for the state fiscal year ending August 31, 2003; making an appropriation.
HB 3208, Relating to the temporary provision of lump-sum payments to certain retiring members of the Employees Retirement System of Texas.
Monday, May 12, 2003 SENATE JOURNAL 1549
HB 3211, Relating to certain veterans' assistance programs.
HB 3223, Relating to limiting the maximum average annual increase in the appraised value of real property for ad valorem tax purposes.
HB 3248, Relating to liability of the state and certain political subdivisions for certain recreational activities.
HB 3257, Relating to a health reimbursement arrangement program for active school employees.
HB 3272, Relating to the creation of a port of entry authority by certain counties; authorizing a tax and the issuance of bonds.
HB 3292, Relating to the marketing and sale of prestige and specialized license plates.
HB 3305, Relating to ensuring cost savings in the operations of certain governmental entities that provide criminal justice and public safety services.
HB 3306, Relating to statutory authority to reduce appropriations made by the legislature to certain individuals and governmental entities.
HB 3312, Relating to substitution of securities by a depository for a county.
HB 3318, Relating to the creation and re-creation of funds and accounts in the state treasury, the allocation of revenue, the dedication and rededication of revenue, and the exemption of unappropriated money from use for general governmental purposes.
HB 3325, Relating to the creation and administration of the community telecommunications alliance program.
HB 3338, Relating to the performance of a water audit by a retail public utility providing potable water.
HB 3343, Relating to the coordination of statewide public transportation by the Texas Transportation Commission and the Texas Department of Transportation.
HB 3351, Relating to authorizing the issuance of revenue bonds for The University of Texas Health Science Center at Houston for facilities acquisition and for the replacement of research and academic facilities lost in Tropical Storm Allison.
HB 3378, Relating to granting statutory authority to certain governmental entities to reduce certain expenditures and to the operation of certain funds.
HB 3419, Relating to procedural and technical corrections and clarification of the Property Tax Code, procedures for the seizure of property, and distribution of ad valorem tax sale proceeds.
HB 3439, Relating to the liability of certain health care practitioners for examinations and medical screenings of students.
HB 3441, Relating to a reduction in expenditures of certain state governmental entities, including changes affecting the Commission on Human Rights, benefits under the state employees group benefits program, attorney general's office, management of certain accounts and funds, and certain election-related forms.
1550 78th Legislature — Regular Session 67th Day
HB 3442, Relating to granting statutory authority to certain governmental entities to reduce certain expenditures and to impose charges in amounts sufficient to recover costs.
HB 3443, Relating to statutory authority for certain governmental entities to take certain actions to permit the legislature to reduce appropriations to those agencies.
HB 3459, Relating to fiscal matters involving certain governmental educational entities, including public school finance, program compliance monitoring by the Texas Education Agency, funding for regional education service centers, amounts withheld from compensatory education allotments, the public school technology allotment, the accounting for the permanent school fund, refunding of certain student loan bonds, funding for the higher education fund, health insurance coverage provided by certain educational entities, the uses of the telecommunications infrastructure fund, and the regulation of driver education schools.
HB 3461, Relating to the duties of the district attorney for the 156th Judicial District.
HB 3504, Relating to the deferral or abatement of the collection of taxes on the residence homestead of an elderly or disabled person.
HB 3517, Relating to certain correctional facilities that house only federal prisoners.
HB 3526, Relating to the establishment of the research development fund to promote research at certain institutions of higher education and to the abolition of the Texas excellence fund and the university research fund.
HB 3540, Relating to a refund of an overpayment or erroneous payment of ad valorem taxes by a tax collector who performs consolidated tax collection functions.
HB 3542, Relating to the regulation of milk and milk products.
HB 3546, Relating to the exemption from ad valorem taxation of certain property used to provide low-income or moderate-income housing.
HB 3562, Relating to the creation of the Southwest Montgomery County Improvement District; providing authority to impose taxes and issue bonds.
HB 3575, Relating to the creation of the Katy Towne Centre Development District; providing authority to impose a tax and issue bonds.
HB 3576, Relating to the creation of the Harris County Road Improvement District No. 1; providing authority to impose a tax and issue bonds.
HB 3577, Relating to the County Court at Law of Randall County.
HB 3578, Relating to powers, duties, and name of the Upper Kirby Management District.
HB 3588, Relating to the construction, acquisition, financing, maintenance, management, operation, ownership, and control of transportation facilities and the progress, improvement, policing, and safety of transportation in the state.
HB 3591, Relating to authorizing the strip annexation of certain property by certain municipalities.
HB 3597, Relating to the abolition of the County Court at Law of Matagorda County.
Monday, May 12, 2003 SENATE JOURNAL 1551
HB 3600, Relating to jurisdiction, practice, and procedures of county courts at law in Parker County and to the creation of the County Court at Law No. 2 of Parker County.
HB 3605, Relating to the jurisdiction of a county court at law in Hood County.
HB 3607, Relating to the calculation of net to land in the ad valorem tax appraisal of open-space land used for wildlife management.
HB 3624, Relating to electronic recordings of proceedings in the municipal court of record for the City of El Paso.
HCR 169, Honoring Jorge Davila of Bishop Elementary School as one of the Everman Independent School District 2002-2003 Spelling Bee winners.
HCR 170, Honoring Courtney Sumner of Hommel Elementary School as one of the Everman Independent School District 2002-2003 Spelling Bee winners.
HCR 172, Honoring Shatonja Hudson of E. Ray Elementary School as one of the Everman Independent School District 2002-2003 Spelling Bee winners.
HCR 173, Honoring Rickey Wilson of Souder Elementary School as one of the Everman Independent School District 2002-2003 Spelling Bee winners.
HCR 174, Honoring Nathan Seaman of Everman Junior High School on being named Teacher of the Year.
HCR 175, Honoring Melanie DeGrand of Roger E. Souder Elementary School on being named Teacher of the Year.
HCR 176, Honoring Myra Asberry of E. Ray Elementary School on being named Teacher of the Year.
HCR 177, Honoring Mary Heidgerken of Alpha Hommel Elementary School on being named Teacher of the Year.
HCR 178, Honoring LuAnn Beck of J. W. Bishop Elementary School on being named Teacher of the Year.
HCR 179, Honoring Texas Cooperative Extension in Tarrant County for its community service.
HCR 180, Honoring E. Ray Elementary School of Fort Worth on being awarded recognized status by the Texas Education Agency for 2001-2002.
HCR 181, Honoring Roger E. Souder Elementary School of Everman on being awarded recognized status by the Texas Education Agency for 2001-2002.
HCR 182, Honoring J. W. Bishop Elementary School of Everman on being awarded recognized status by the Texas Education Agency for 2001-2002.
HCR 183, Honoring Alpha Hommel Elementary School of Everman on being awarded recognized status by the Texas Education Agency for 2001-2002.
HCR 184, Honoring Tyehimba Crear of Fort Worth for being named first place and grand prize winner of the Fort Worth Star-Telegram Race Against Drugs poster contest.
1552 78th Legislature — Regular Session 67th Day
HCR 185, Honoring Wendy Lockwood of Everman Joe C. Bean High School on being named Teacher of the Year.
HCR 187, Honoring Morgan Champlin of Colleyville for earning a 2003 Prudential Spirit of Community Award.
HCR 201, Congratulating U.S. Olympian Todd Hays of Del Rio.
HCR 204, Urging Congress to reinstate funding for the EPA Border Fund to $75 million for fiscal year 2004.
HCR 207, Honoring Gilda Molina Marquez of J. L. Long Middle School as Teacher of the Year.
HCR 221, Congratulating Ray and Kimberly Faust of Austin on the birth of their daughter, Konner Mikus Faust.
HJR 2, Proposing a constitutional amendment requiring that money appropriated from the economic stabilization fund be repaid to the fund during the next state fiscal biennium.
HJR 4, Proposing a constitutional amendment authorizing the legislature to limit the maximum average annual increase in the appraised value of real property for ad valorem tax purposes to five percent or more.
HJR 55, Proposing a constitutional amendment to authorize the legislature to exempt from ad valorem taxation property owned by a religious organization that is leased for use as a school or that is owned with the intent of expanding or constructing a religious facility.
SB 100, Relating to carbon monoxide detectors in certain child-care facilities and family homes.
SB 132, Relating to the replacement and repair of existing cattle guards on county roads.
SB 173, Relating to deferred payment of property taxes for certain persons serving in the United States armed forces during a war or national emergency.
SB 185, Relating to standing water as a nuisance.
(Amended)
SB 252, Relating to the registration of mortgage bankers.
(Amended)
SB 317, Relating to the prosecution of the offense of violation of a protective order or magistrate's order.
SB 340, Relating to the rendition of property for ad valorem tax purposes; providing civil penalties.
(Amended)
SB 345, Relating to offenses involving motor vehicle windshield and window sunscreening devices.
Monday, May 12, 2003 SENATE JOURNAL 1553
SB 418, Relating to the regulation and prompt payment of health care providers; providing penalties.
(Amended)
SB 464, Relating to the appointment of a management team to manage and operate a community center for mental health or mental retardation services.
(Committee Substitute)
SB 527, Relating to the establishment of security forces in certain metropolitan rapid transit authorities.
SB 602, Relating to access to criminal history record information concerning employees, volunteers, and applicant volunteers of children's advocacy centers.
SB 604, Relating to the recovery of attorney's fees and certain costs in proceedings to recover delinquent debts owed to a county.
SB 619, Relating to oil spill prevention and response.
SB 652, Relating to economic development, strategic planning, and other issues regarding military facilities, and the merger of certain state agencies with military responsibilities; granting authority to issue bonds.
(Committee Substitute/Amended)
SB 657, Relating to the effect of tax increment financing by certain taxing units in the calculation of ad valorem tax rates for those taxing units.
SB 725, Relating to the payment of ad valorem taxes on property erroneously omitted from a tax roll and to the waiver of penalties and interest on an ad valorem tax that becomes delinquent due to the error of a taxing unit or appraisal district.
SB 726, Relating to the purchasing and contracting authority of an appraisal district; providing penalties.
SB 737, Relating to the exemption of certain military personnel from jury service.
SB 825, Relating to the prosecution of the offense of sexual assault committed against residents of certain facilities.
SB 827, Relating to creating offenses for abandoning or endangering an elderly individual or disabled individual and for failing to provide certain care for a child, elderly individual, or disabled individual.
(Committee Substitute)
SB 903, Relating to the use of toll projects by military vehicles; creating an offense.
SB 996, Relating to collateral eligible to be pledged with the comptroller to secure state deposits.
SB 1010, Relating to public and common nuisances; providing a penalty.
(Committee Substitute/Amended)
SB 1012, Relating to the placement of electronic monitoring devices in the rooms of certain residents in assisted living facilities.
SB 1050, Relating to the confidentiality of information associated with family violence centers.
1554 78th Legislature — Regular Session 67th Day
SB 1051, Relating to the authority of the Texas Department of Human Services to solicit and accept gifts, grants, and donations.
SB 1063, Relating to insurance coverage of commercial motor carriers.
(Amended)
SB 1151, Relating to the publication of state agency Internet addresses in telephone directories.
SB 1409, Relating to the regional emergency medical dispatch resource center pilot program.
SB 1507, Relating to the use of powers of attorney in certain motor vehicle transfers.
(Amended)
SB 1532, Relating to the filing of an application for registration of a trademark or service mark and other trademark instruments with the secretary of state.
SB 1764, Relating to the disclosure of certain information to a cemetery organization or funeral establishment for the purpose of marking a grave.
(Committee Substitute)
SB 1800, Relating to state employee military leave.
SB 1883, Relating to the assumption of road utility district authority by Fort Bend County Levee Improvement District No. 15, including the authority to impose taxes and issue bonds.
SCR 35, Resolving that the State of Texas join in the observance of Holocaust Remembrance Day on April 29, 2003.
SCR 40, Commending the board of directors of the National D-Day Museum in New Orleans, Louisiana.
SCR 47, In memory of William H. Collyns of Midland.
SJR 55, Proposing a constitutional amendment authorizing the issuance of general obligation bonds to provide loans to defense-related communities for economic development projects, including projects that enhance military value of military installations.
(Amended)
THE HOUSE HAS CONCURRED IN SENATE AMENDMENTS TO THE FOLLOWING MEASURES:
HB 89 (non-record vote)
HB 1022 (non-record vote)
THE HOUSE HAS TAKEN THE FOLLOWING OTHER ACTION:
HB 5, House refused to concur in Senate Amendments and returns the bill to the Senate.
Respectfully,
/s/Robert Haney, Chief Clerk
House of Representatives
Monday, May 12, 2003 SENATE JOURNAL 1555
PHYSICIAN OF THE DAY
Senator Armbrister was recognized and presented Dr. Troy Millican of Columbus as the Physician of the Day.
The Senate welcomed Dr. Millican and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.
SENATE RESOLUTION 766
Senator West offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to welcome to the State Capitol Pastor Tyrone D. Gordon of Saint Luke's Community United Methodist Church, who will celebrate his first anniversary with the church in June of 2003; and
WHEREAS, Pastor Gordon became pastor of Saint Luke's Community United Methodist Church in Dallas after 14 years of service as pastor of Saint Mark United Methodist Church in Wichita, Kansas, where under his leadership, the church experienced a phenomenal growth from 350 members in 1988 to over 2,500 members in 2002; he had previously served as a minister in Little Rock, Arkansas; and
WHEREAS, Tyrone Gordon was born in Los Angeles, California, and received his bachelor of arts degree from Bishop College in Dallas; after theological graduate work at Fuller Theological Seminary in Pasadena, California, he earned his master's of divinity degree from Perkins School of Theology at Southern Methodist University in 1984; and
WHEREAS, Throughout the years of his ministry, he has been active in numerous organizations, including the General Council on Ministries and Strengthening the Black Church for the 21st Century; Pastor Gordon has also served as the national president of Black Methodists for Church Renewal and as a delegate to the General and Jurisdictional Conferences in 1992, 1996, and 2000; and
WHEREAS, Noted for his community leadership, he served on the Wichita Board of Education, the Wichita Children's Home Board of Trustees, and the Greater Wichita Foundation Board; he has been a member of the Wichita Ministerial League and the Salvation Army Advisory Board; and
WHEREAS, He is active in the National Association for the Advancement of Colored People and Alpha Phi Alpha Fraternity and is the author of Strengthening the Black Church through Worship, published by the General Board of Discipleship; he has written a new book that will be released this year; and
WHEREAS, Pastor Gordon is married to the former Marsha Douglas, and the couple has two beautiful daughters, Lauren and Allyson; and
WHEREAS, A man of spiritual depth and devotion, Pastor Gordon has performed countless ceremonies and has prayed for and counseled his church members during their hardships and in times of bereavement; he has had a positive influence on the lives of many Christians and is truly a dedicated and committed church leader; now, therefore, be it
1556 78th Legislature — Regular Session 67th Day
RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend Reverend Tyrone D. Gordon for his outstanding ministry to his church and to the community and extend to him a hearty welcome to the State Capitol; and, be it further
RESOLVED, That a copy of this Resolution be prepared for Pastor Gordon as an expression of esteem from the Texas Senate.
The resolution was read and was adopted without objection.
GUEST PRESENTED
Senator West was recognized and introduced to the Senate the Reverend TyroneiD. Gordon of Saint Luke's Community United Methodist Church in Dallas.
The Senate welcomed its guest.
CONCLUSION OF MORNING CALL
The President at 1:45 p.m. announced the conclusion of morning call.
COMMITTEEiiSUBSTITUTE
SENATE BILL 1499 ON SECOND READING
Senator Madla moved to suspend the regular order of business to take up for consideration CSSBi1499 at this time on its second reading:
CSSB 1499, Relating to contracts for the design and construction of transportation projects by the Texas Department of Transportation.
The motion prevailed by the following vote:iiYeasi25, Naysi6.
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Ellis, Estes, Fraser, Gallegos, Hinojosa, Janek, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, VanideiPutte, Wentworth, West, Whitmire, Williams, Zaffirini.
Nays:iiDuncan, Harris, Jackson, Lindsay, Ratliff, Staples.
The bill was read second time.
(Senator Nelson in Chair)
Senator Armbrister offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 1499 in SECTION by adding a new Sec. 223.177 to read as follows:
Sec. 223.177.iiLIMITATIONS.iiMoney spent by the department for a project under this chapter is not included in computing the amount required to be spent for engineering and design contracts under Section 223.041 in any fiscal year.
The floor amendment was read and was adopted by a viva voce vote.
On motion of Senator Madla and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
CSSB 1499 as amended was passed to engrossment by a viva voce vote.
Monday, May 12, 2003 SENATE JOURNAL 1557
RECORD OF VOTES
Senators Harris, Jackson, Lindsay, and Ratliff asked to be recorded as voting "Nay" on the passage of CSSB 1499 to engrossment.
GUESTS PRESENTED
Senator Barrientos was recognized and introduced to the Senate representatives of the National Federation of the Blind.
The Senate welcomed its guests.
BILLS AND RESOLUTIONS SIGNED
The Presiding Officer announced the signing of the following enrolled bills and resolutions in the presence of the Senate after the captions had been read:
SBi40, SBi83, SBi261, SBi324, SBi358, SBi378, SBi408, SBi409, SBi558, SBi640, SBi641, SBi749, SBi850, SBi984, SBi1111, SBi1564, SBi1666, SBi1667, HBi338, HBi808, HBi1322, HBi1331, HBi1370, HBi2001, HBi2234, HBi2382, HBi2383, HCRi10, HCRi224, HCRi225, HCRi227, HCRi228, HCRi229, HCRi230, HCRi232.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 555 ON SECOND READING
Senator Armbrister moved to suspend the regular order of business to take up for consideration CSHBi555 at this time on its second reading:
CSHB 555, Relating to notice requirements for certain portable facilities under the Clean Air Act.
The motion prevailed by a viva voce vote.
The bill was read second time.
Senator Fraser offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSHB 555, in SECTION 1 of the bill, by striking SECTION 1 in its entirety and replacing it with a new SECTION 1 to read as follows:
SECTION 1.iiSection 382.056, Health and Safety Code, is amended by amending Subsection (r) and adding Subsections (s), and (t) to read as follows:
(r) This section does not apply to:
(1)iithe relocation or change of location of a portable facility to a site where
a portable facility [permitted by the commission is located if no portable facility] has
been located at the proposed site at any time during the previous two years; or
(2)iia facility located temporarily in the right-of-way, or contiguous to the right-of-way, of a public works project; or
(3)iia portable facility or rock crushing facility subject to Subsection (s).
(s)iiThe commission may not issue a permit, permit amendment, or other authorization for a portable facility or rock crushing facility that will be associated with blasting operations that are or will be located over an aquifer comprised in whole or in part of water-bearing limestone or dolomite that is the primary source of drinking water for a municipality if the facility will be located in a county adjacent to a county
1558 78th Legislature — Regular Session 67th Day
(t)iiFor any permit application subject to this section, the measurement of distances to determine compliance with any location or distance restriction required by this chapter shall be taken toward structures that are in use as of the date that the application is filed with the commission.
The floor amendment was read and was adopted by a viva voce vote.
RECORD OF VOTES
Senators VanideiPutte and Wentworth asked to be recorded as voting "Nay" on the adoption of Floor Amendment No. 1.
On motion of Senator Armbrister and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
CSHB 555 as amended was passed to third reading by a viva voce vote.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 555 ON THIRD READING
Senator Armbrister moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi555 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
COMMITTEEiiSUBSTITUTE
SENATE BILL 1262 ON SECOND READING
Senator Armbrister moved to suspend the regular order of business to take up for consideration CSSBi1262 at this time on its second reading:
CSSB 1262, Relating to the use of certain tax incentives by municipalities for certain economic development.
The motion prevailed by a viva voce vote.
The bill was read second time.
Senator Armbrister offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 1262 Section 1. Chapter 380, Local Government Code, by striking Sec. 380.004 (committee printing page 1, lines 15-35) and adding Sec. 380.002(d) to read as follows:
Monday, May 12, 2003 SENATE JOURNAL 1559
(d)iiA municipality may not provide a grant of public money pursuant to the provisions of this chapter for a business enterprise whose business consists primarily of purchasing taxable items using a resale certificate and then reselling those items to a related party. For purpose of this section, a "related party" is one that owns at least 80% of the business enterprise to which the grant of public money would be made.
The floor amendment was read and was adopted by a viva voce vote.
On motion of Senator Armbrister and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
CSSB 1262 as amended was passed to engrossment by a viva voce vote.
COMMITTEEiiSUBSTITUTE
SENATE BILL 1262 ON THIRD READING
Senator Armbrister moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi1262 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by a viva voce vote.
COMMITTEEiiSUBSTITUTE
SENATE BILL 1230 ON SECOND READING
Senator Wentworth moved to suspend the regular order of business to take up for consideration CSSBi1230 at this time on its second reading:
CSSB 1230, Relating to authorizing an environmental service fee at Southwest Texas State University.
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 1230 ON THIRD READING
Senator Wentworth moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi1230 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
1560 78th Legislature — Regular Session 67th Day
COMMITTEEiiSUBSTITUTE
SENATE BILL 769 ON SECOND READING
Senator Carona moved to suspend the regular order of business to take up for consideration CSSBi769 at this time on its second reading:
CSSB 769, Relating to the licensing and regulation of surgical assistants.
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 769 ON THIRD READING
Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi769 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by a viva voce vote.
SENATE BILL 1912 ON SECOND READING
Senator Jackson moved to suspend the regular order of business to take up for consideration SBi1912 at this time on its second reading:
SB 1912, Relating to the creation of the Harborside Management District; providing authority to impose taxes and issue bonds.
The motion prevailed by a viva voce vote.
The bill was read second time.
Senator Jackson offered the following committee amendment to the bill:
Committee Amendment No. 1
Amend SB 1912 by striking SECTION 21 (page 10, line 21) and adding a new SECTION 21 as follows:
The district may not impose an impact fee or assessment on the property, equipment, rights of way, facilities or improvements of an electric utility or a power generation company as defined by Section 31.002, Utilities Code, a gas utility as defined by Sections 101.003 or 121.001, Utilities Code, a telecommunications provider as defined by Section 51.002, Utilities Code, or of a person that provides to the public cable television or advanced telecommunications services. If the district, in the exercise of the powers conferred upon it herein, requires or requests the relocation, rerouting, or removal of electric, gas, water, sewer, communications or other public utilities, as defined in Sections 31.002, 101.003, 121.001 and 51.002 of the Utilities Code, such relocation, rerouting, or removal shall be at the sole expense of the district.
The committee amendment was read and was adopted by a viva voce vote.
Monday, May 12, 2003 SENATE JOURNAL 1561
Senator Jackson offered the following committee amendment to the bill:
Committee Amendment No. 2
Amend SB 1912 by striking SECTION 27(a) and substituting the following:
(a)iiThe initial board consists of the following persons:
| Pos. No. | Name of Director |
| 1 | John Sullivan |
| 2 | Richard Ryan |
| 3 | John Kelso |
| 4 | Douglas Harris |
| 5 | Glenn Forman, Jr. |
The committee amendment was read and was adopted by a viva voce vote.
On motion of Senator Jackson and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
SB 1912 as amended was passed to engrossment by a viva voce vote.
SENATE BILL 1912 ON THIRD READING
Senator Jackson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi1912 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
COMMITTEEiiSUBSTITUTE
SENATE BILL 1706 ON SECOND READING
Senator Wentworth moved to suspend the regular order of business to take up for consideration CSSBi1706 at this time on its second reading:
CSSB 1706, Relating to the authorization of airport authorities and the issuance of bonds and exercise of eminent domain by the authorities.
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 1706 ON THIRD READING
Senator Wentworth moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi1706 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
1562 78th Legislature — Regular Session 67th Day
COMMITTEEiiSUBSTITUTE
SENATE BILL 203 ON SECOND READING
Senator Janek moved to suspend the regular order of business to take up for consideration CSSBi203 at this time on its second reading:
CSSB 203, Relating to fees charged for certain transportation services to and from cruise ship terminals.
The motion prevailed by a viva voce vote.
The bill was read second time.
Senator Janek offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 203, SECTION 2, (on page 1, line 29) by inserting the phrase "entity or" after the phrase "against any one".
The floor amendment was read and was adopted by a viva voce vote.
On motion of Senator Janek and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
CSSB 203 as amended was passed to engrossment by a viva voce vote.
COMMITTEEiiSUBSTITUTE
SENATE BILL 203 ON THIRD READING
Senator Janek moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi203 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by a viva voce vote.
SENATE BILL 787 ON SECOND READING
Senator Carona moved to suspend the regular order of business to take up for consideration SBi787 at this time on its second reading:
SB 787, Relating to the deadline for passing the examination for a license to practice medicine in this state.
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 787 ON THIRD READING
Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi787 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
On motion of Senator Carona, further consideration of SBi787 was temporarily postponed.
Question — Shall SB 787 be read third time?
Monday, May 12, 2003 SENATE JOURNAL 1563
COMMITTEEiiSUBSTITUTE
SENATE BILL 1652 ON SECOND READING
Senator Shapiro moved to suspend the regular order of business to take up for consideration CSSBi1652 at this time on its second reading:
CSSB 1652, Relating to institutions of higher education, including the administration, operation, governance, and financing of those institutions.
The motion prevailed by a viva voce vote.
The bill was read second time.
Senator Shapiro offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSBi1652 in SECTION 1.05 of the bill, at the end of amended Section
54.5011, Education Code, by striking "[(c)iiBefore accepting a payment by credit
card, the institution shall notify the student of any fee to be charged under this
section.]" (page 2, lines 34 through 36, Senate committee printing), and substituting
the following:
(d)i[(c)]iiBefore accepting a payment by credit card, the institution shall notify
the student of any fee to be charged under this section.
The floor amendment was read and was adopted by a viva voce vote.
Senator Shapleigh offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSSB 1652 in SECTION 1.05 of the bill, as follows:
(1)iiIn amended Section 54.5011, Education Code, strike proposed Subsection (a) (page 2, lines 12 through 17, Senate committee printing) and substitute the following:
(a)iiThis section applies to a payment of tuition, a fee, or another charge to an institution of higher education that is made or authorized in person, by mail, by telephone call, or through the Internet by means of:
(1)iian electronic funds transfer; or
(2)iia credit card.
(2)iiAt the end of amended Section 54.5011, Education Code, strike "[(c)iiBefore
accepting a payment by credit card, the institution shall notify the student of any fee to
be charged under this section.]" (page 2, lines 34 through 36, Senate committee
printing), and substitute the following:
(d)i[(c)]iiBefore accepting a payment by credit card, the institution shall notify
the student of any fee to be charged under this section.
The floor amendment was read.
On motion of Senator Shapleigh, Floor Amendment No.i2 was temporarily withdrawn.
1564 78th Legislature — Regular Session 67th Day
Senator Armbrister offered the following amendment to the bill:
Floor Amendment No. 3
Amend CSSBi1652 by striking SECTION 4.05 of the bill (page 9, lines 56 through 64, Senate committee printing), and renumbering the other SECTIONS accordingly.
The floor amendment was read and was adopted by a viva voce vote.
Senator Shapiro offered the following amendment to the bill:
Floor Amendment No. 4
Amend CSSB 1652 by striking SECTION 5.02 of the bill (page 12, lines 2 through 7, Senate committee printing), and renumbering the other SECTIONS accordingly.
The floor amendment was read and was adopted by a viva voce vote.
Senator Shapleigh offered the following amendment to the bill:
Floor Amendment No. 5
Amend CSSBi1652 by striking SECTION 5.03 of the bill (page 12, lines 8 through 28, Senate committee printing) and renumbering the other SECTIONS accordingly.
The floor amendment was read and was adopted by a viva voce vote.
Senator Shapleigh offered the following amendment to the bill:
Floor Amendment No. 6
Amend CSSBi1652 by striking SECTION 5.07 of the bill (page 12, lines 46 through 57, Senate committee printing) and renumbering the other SECTIONS accordingly.
The floor amendment was read and was adopted by a viva voce vote.
Senator Shapleigh again offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSSBi1652 in SECTION 1.05 of the bill, as follows:
(1)iiIn amended Section 54.5011, Education Code, strike proposed Subsection (a) (page 2, lines 12 through 17, Senate committee printing) and substitute the following:
(a)iiThis section applies to a payment of tuition, a fee, or another charge to an institution of higher education that is made or authorized in person, by mail, by telephone call, or through the Internet by means of:
(1)iian electronic funds transfer; or
(2)iia credit card.
(2)iiAt the end of amended Section 54.5011, Education Code, strike "[(c)iiBefore
accepting a payment by credit card, the institution shall notify the student of any fee to
be charged under this section.]" (page 2, lines 34 through 36, Senate committee
printing), and substitute the following:
Monday, May 12, 2003 SENATE JOURNAL 1565
(d)i[(c)]iiBefore accepting a payment by credit card, the institution shall notify
the student of any fee to be charged under this section.
The floor amendment was again read and was adopted by a viva voce vote.
On motion of Senator Shapiro and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
CSSB 1652 as amended was passed to engrossment by a viva voce vote.
COMMITTEEiiSUBSTITUTE
SENATE BILL 1652 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 CSSBi1652 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
(President in Chair)
COMMITTEEiiSUBSTITUTE
SENATE BILL 1937 ON SECOND READING
Senator Armbrister moved to suspend the regular order of business to take up for consideration CSSBi1937 at this time on its second reading:
CSSB 1937, Relating to the apportionment of municipal infrastructure costs to developers.
The motion prevailed by a viva voce vote.
The bill was read second time.
Senator Armbrister offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 1937, Section 212.904, as follows:
1)iiOn page 1, line 18, between "improvements" and the comma, insert "beyond the municipality's minimum adopted standards for on-site development".
2)iiOn page 1, line 20, strike "directly attributable" and substitute "roughly proportionate".
3)iiOn page 1, line 21, strike "certified" and substitute "approved".
4)iiOn page 1, line 24, strike "certification" and substitute "determination".
5)iiAdd a new subsection (e) to say:ii"This section does not diminish the authority or modify the procedure specified in Chapter 395 of the Local Government Code."
The floor amendment was read and was adopted by a viva voce vote.
On motion of Senator Armbrister and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
CSSB 1937 as amended was passed to engrossment by a viva voce vote.
1566 78th Legislature — Regular Session 67th Day
COMMITTEEiiSUBSTITUTE
SENATE BILL 1937 ON THIRD READING
Senator Armbrister moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi1937 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
COMMITTEEiiSUBSTITUTE
SENATE BILL 1742 ON SECOND READING
Senator Zaffirini moved to suspend the regular order of business to take up for consideration CSSBi1742 at this time on its second reading:
CSSB 1742, Relating to the transfer of money appropriated to provide care for certain persons in nursing facilities to provide community-based services to those persons.
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 1742 ON THIRD READING
Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi1742 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by a viva voce vote.
SENATE BILL 787 ON THIRD READING
The President laid before the Senate SBi787 on its third reading. The bill had been read second time, the Constitutional Three-day Rule suspended, and further consideration temporarily postponed:
SBi787, Relating to the deadline for passing the examination for a license to practice medicine in this state.
Question — Shall SBi787 be read third time?
SB 787 was read third time and was finally passed by the following vote:iiYeasi31, Naysi0.
Monday, May 12, 2003 SENATE JOURNAL 1567
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.
MOTION TO RECESS AND ADJOURN
On motion of Senator Whitmire and by unanimous consent, the Senate at 3:48ip.m. agreed to recess, upon completion of the introduction of bills and resolutions on first reading, until 8:00ia.m. tomorrow for the Local and Uncontested Calendar Session.
The Senate further agreed to adjourn, upon conclusion of the Local and Uncontested Calendar Session, until 11:00 a.m. tomorrow.
HOUSE BILLS AND RESOLUTION ON FIRST READING
The following bills and resolution received from the House were read first time and referred to the committees indicated:
HJR 2 to Committee on Finance.
HB 2425 to Committee on Finance.
HB 2458 to Committee on Finance.
HB 3184 to Committee on Infrastructure Development and Security.
HB 3305 to Committee on Finance.
HB 3306 to Committee on Finance.
HB 3318 to Committee on Finance.
HB 3378 to Committee on Finance.
HB 3441 to Committee on Finance.
HB 3442 to Committee on Finance.
HB 3443 to Committee on Finance.
RESOLUTIONS OF RECOGNITION
The following resolutions were adopted by the Senate:
Memorial Resolutions
SR 800 by Lucio, In memory of Nathan E. Bossom of Brownsville.
SR 803 by Williams, In memory of Lynn Stark.
SR 804 by Staples, In memory of Lewis "Rick" Watson of Jacksonville.
HCR 5 (Ratliff), In memory of Cordelia Maxine Knight of Paris.
HCR 6 (Ratliff), Honoring the life of P. A. Thomas, Jr., of Titus County.
Congratulatory Resolutions
SCR 51 by Lucio, Recognizing the King Ranch on its 150th anniversary.
1568 78th Legislature — Regular Session 67th Day
SR 798 by Janek, Commending Esther Polland for her leadership as president of the Jewish Federation of Greater Houston.
SR 801 by Lucio, Commending Mario Cruz of Houston for his achievements in political science at the University of Houston-Downtown.
SR 805 by Staples, Congratulating Gary Briley of Palestine on his retirement.
SR 806 by Staples, Honoring Harold Alexander of Jacksonville on his retirement.
SR 807 by Lindsay, Commending Grant Matthew Sparling of The Woodlands for achieving the rank of Eagle Scout.
SR 808 by Lindsay, Commending Brian Searles of Houston for achieving the rank of Eagle Scout.
SR 809 by Lindsay, Commending Evan Eugene Keller of The Woodlands for achieving the rank of Eagle Scout.
SR 810 by Lindsay, Commending Jay Aro of Kingwood for achieving the rank of Eagle Scout.
SR 811 by Lindsay, Commending Ike Ray of Houston for achieving the rank of Eagle Scout.
SR 812 by Lindsay, Commending Michael Richard of Houston for achieving the rank of Eagle Scout.
SR 813 by Lucio, Commending the Pharr-SaniJuan-Alamo Independent School District Child Nutrition Department.
SR 814 by Barrientos, Congratulating Lillian Marguerite Hornberger of Austin on her 86th birthday.
SR 815 by Barrientos, Congratulating Thomas Austin Hornberger of Austin on his 90th birthday.
SR 816 by Barrientos, Commending William N. Worley of Austin for his service to the United States Navy.
HCR 196 (Duncan), Honoring Marine Lance Corporal Kyle Howard of San Angelo for heroic bravery displayed during Operation Iraqi Freedom.
HCR 201 (Madla), Congratulating U.S. Olympian Todd Hays of Del Rio.
(Senator Whitmire in Chair)
RECESS
Pursuant to a previously adopted motion, the Senate at 3:55ip.m. recessed until 8:00ia.m. tomorrow for the Local and Uncontested Calendar Session.
Monday, May 12, 2003 SENATE JOURNAL 1569
AAAPPENDIXAA
COMMITTEE REPORTS
The following committee reports were received by the Secretary of the Senate in the order listed:
May 12, 2003
FINANCEi—iCSSBi823
STATE AFFAIRSi—iCSSBi137, CSSBi637, CSSBi1205
INTERNATIONAL RELATIONS AND TRADEi—iCSSBi1300, CSSBi1751
CRIMINAL JUSTICEi—iCSSBi1116, CSSBi1948
BUSINESS AND COMMERCEi—iCSSBi292, SBi675, CSSBi1651, CSHBi2926
CRIMINAL JUSTICEi—iCSSBi727, CSSBi1477
STATE AFFAIRSi—iCSSBi478, CSSBi879, CSSBi1061, CSSBi1117, CSSBi1305, CSSBi1575
INFRASTRUCTURE DEVELOPMENT AND SECURITYi—iCSSBi1432
NATURAL RESOURCESi—iCSSBi1947
INFRASTRUCTURE DEVELOPMENT AND SECURITYi—iCSHBi9, CSHBi11, CSHBi1208
FINANCEi—iHBi3175, SBi1865
STATE AFFAIRSi—iCSSBi1675, HBi671, HCRi13, HCRi14
SIGNED BY GOVERNOR
May 6, 2003
SCR 43
May 9, 2003
SB 260, SB 263, SB 416, SCR 39
1570 78th Legislature — Regular Session 67th Day