EIGHTY-FIRST LEGISLATURE — REGULAR SESSION
AUSTIN, TEXAS
PROCEEDINGS
TWENTY-SIXTH DAY
(Tuesday, March 24, 2009)
The Senate met at 11:12 a.m. pursuant to adjournment and was called to order by the President.
The roll was called and the following Senators were present:iiAveritt, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Seliger, Shapiro, Shapleigh, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.
The President announced that a quorum of the Senate was present.
The Reverend Don Olson, Brushy Creek Church, Austin, offered the invocation as follows:
Father God, as we stand before You today, we are in awe of the many blessings that You continue to pour out on our leaders, our communities, our state, and our nation. As we begin another day of the work of the State of Texas, we realize that in this life we are the possessors of nothing but the stewards of everything. And all that we do have is directly because of You. You have graced us with many blessings to carry out the peace, protection, and provision of the people that we serve. Therefore, we pray for Your wisdom and favor on these servants of the Texas Senate. Guide them in the necessary decisions that need to be made for the benefit of the people of this great State of Texas. We pray that the choices that they make will be reflections of Your heart and will. Today, as we press forward with state decisions and issues, we appreciate the servants that You have placed over us. God bless Governor Perry and the Members of the Texas Senate. God bless all the men and women in military uniform around the world. And God bless the citizens of the State of Texas. And God bless Texas. Lord God, we consider it an honor to serve Your people. In Jesus' name. 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-AUTHORS OF SENATE BILL 43
On motion of Senator Zaffirini, Senators VanideiPutte and West will be shown as Co-authors of SBi43.
CO-AUTHOR OF SENATE BILL 168
On motion of Senator Ellis, Senator Zaffirini will be shown as Co-author of SBi168.
CO-AUTHORS OF SENATE BILL 297
On motion of Senator VanideiPutte, Senators Estes, Gallegos, Hinojosa, Lucio, Nelson, Shapleigh, Watson, Wentworth, West, and Williams will be shown as Co-authors of SBi297.
CO-AUTHOR OF SENATE BILL 309
On motion of Senator Jackson, Senator Gallegos will be shown as Co-author of SBi309.
CO-AUTHORS OF SENATE BILL 531
On motion of Senator Patrick, Senators Nichols and Shapleigh will be shown as Co-authors of SBi531.
CO-AUTHORS OF SENATE BILL 572
On motion of Senator Shapiro, Senators Huffman, Nelson, Patrick, Shapleigh, and Uresti will be shown as Co-authors of SBi572.
CO-AUTHOR OF SENATE BILL 594
On motion of Senator VanideiPutte, Senator Wentworth will be shown as Co-author of SBi594.
CO-AUTHOR OF SENATE BILL 730
On motion of Senator Hegar, Senator Estes will be shown as Co-author of SBi730.
CO-AUTHORS OF SENATE BILL 1443
On motion of Senator Zaffirini, Senators Davis, Ellis, Gallegos, Nichols, Shapleigh, Uresti, VanideiPutte, and Watson will be shown as Co-authors of SBi1443.
CO-AUTHOR OF SENATE BILL 2114
On motion of Senator Lucio, Senator Shapiro will be shown as Co-author of SBi2114.
CO-AUTHOR OF SENATE BILL 2131
On motion of Senator Davis, Senator Shapleigh will be shown as Co-author of SBi2131.
660 81st Legislature — Regular Session 26th Day
MESSAGE FROM THE GOVERNOR
The following Message from the Governor was read and was referred to the Committee on Nominations:
Austin, Texas
March 23, 2009
TO THE SENATE OF THE EIGHTY-FIRST LEGISLATURE, REGULAR SESSION:
On January 22, 2009, I submitted the name of Stanley D. Rosenberg for appointment to the Finance Commission of Texas for a term to expire February 1, 2014.
Because he resigned, I hereby withdraw his nomination and request that the Senate return the appointment to me.
Respectfully submitted,
/s/Rick Perry
Governor
RESOLUTIONS SIGNED
The President announced the signing of the following enrolled resolutions in the presence of the Senate:iiHCRi36, HCRi98.
GUESTS PRESENTED
Senator Estes was recognized and introduced to the Senate Burkburnett Mayor Carl Law, Wichita Falls Councilmember Jim Ginnings, and Warren Ayres, accompanied by a delegation of citizens from Wichita County.
The Senate welcomed its guests.
PHYSICIAN OF THE DAY
Senator Watson was recognized and presented Dr. Julie Graves Moy of Austin as the Physician of the Day.
The Senate welcomed Dr. Moy and thanked her for her participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.
SENATE RESOLUTION 397
Senator Averitt offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize the Texas State Technical College System for its outstanding contributions to higher education in the state; and
WHEREAS, Texas State Technical College innovatively lives out its mission to contribute to the educational and economic development of the State of Texas by offering occupation-oriented programs and emphasizing highly specialized advanced and emerging technical and vocational areas; and
WHEREAS, Texas State Technical College is the only state-supported two-year college system in Texas; and
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WHEREAS, Texas State Technical College serves Texas with colleges in Harlingen, Marshall, Waco, and West Texas through partnership agreements with 30 community colleges and customized training for Texas industries; and
WHEREAS, Texas State Technical College serves students from 207 of the 254 Texas counties, the majority of which are located in rural areas which provide limited or no access to institutions of higher education or workforce training; and
WHEREAS, Texas State Technical College provides an affordable career-specific college degree at a quarter of the cost of proprietary schools; and
WHEREAS, Texas State Technical College serves more than 14,800 students each year in credit programs alone and provides direct, customized training to thousands more who are employed or seeking employment in Texas industries; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby commend the faculty, staff, and administration of the Texas State Technical College System on their dedication to providing essential educational opportunities to the citizens of Texas that allow them to prepare for or advance in their careers; and, be it further
RESOLVED, That a copy of this Resolution be prepared for Texas State Technical College as an expression of high regard from the Texas Senate.
| AVERITT | ESTES |
| DUNCAN | FRASER |
| ELTIFE | LUCIO |
SR 397 was read and was adopted without objection.
GUESTS PRESENTED
Senator Averitt was recognized and introduced to the Senate Texas State Technical College Chancellor Dr. Bill Segura; Board of Regents Members Joe Gurecky of Rosenberg, Joe Hearne of Dallas, and Mike Northcutt of Longview; and student Matthew Bell.
The Senate welcomed its guests.
GUESTS PRESENTED
Senator Hegar was recognized and introduced to the Senate a delegation of his constituents from Senate District 18.
The Senate welcomed its guests.
SENATE RESOLUTION 505
Senator Watson offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize Karl Stressman, commissioner of the Professional Rodeo Cowboys Association, and all the cowboys from Texas who advanced to the National Finals Rodeo; and
WHEREAS, As the ancestral home of the American cowboy, Texas holds the sport of rodeo and its skilled practitioners in very high regard; and
WHEREAS, According to legend, the sport of rodeo was born on Independence Day in 1869 when two groups of cowboys from neighboring ranches met to settle a dispute over who best performed the everyday tasks of ranching; and
662 81st Legislature — Regular Session 26th Day
WHEREAS, Today's professional rodeo cowboy differs in some ways from his 19th-century counterpart, but hard work and showmanship are still valued by today's competitors; the Professional Rodeo Cowboys Association was created to give cowboys an effective and unified voice on the rodeo circuit, ensure fairness to all participants, and promote the highest levels of competition; and
WHEREAS, The cowboys and cowgirls from Texas whose dedication and impressive skills took them to the National Finals Rodeo are Tilden Hooper, Chris Harris, Will Lowe, Cash Myers, K. C. Jones, Trevor Brazile, Speed Williams, JoJo Lemond, Turtle Powell, Patrick Smith, Michael Jones, Walt Woodard, Allen Bach, Clay O'Brien Cooper, Bradley Harter, Stran Smith, Tuf Cooper, Jeff Chapman, Fred Whitfield, Cody Ohl, Mike Johnson, Doug Pharr, Justin Maass, Scott Kormos, J. W. Harris, Douglas Duncan, Cassie Moseley, Megan Reichert, Stephanie Fryar, Tammy Key-Fisher, Annesa Self, Brittany Pozzi-Pharr, Terra Bynum, Scott Snedecor, Vin Fisher, Jr., Cody Lee, Will Gasperson, Guy Allen, and Dan Fisher; and
WHEREAS, These talented competitors are truly deserving of recognition for their commitment, their remarkable abilities, and their outstanding work as representatives of the Lone Star State; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby commend Karl Stressman, commissioner of the Professional Rodeo Cowboys Association, and the Texans who competed in the National Finals Rodeo on their professionalism and skills and extend to them best wishes for continued success in all their endeavors; now, therefore, be it
RESOLVED, That a copy of this Resolution be prepared for them as an expression of esteem from the Texas Senate.
WATSON
HARRIS
SR 505 was read and was adopted without objection.
GUESTS PRESENTED
Senator Watson was recognized and introduced to the Senate Karl Stressman, Commissioner, Professional Rodeo Cowboys Association, and Chris Harris, Jr., cowboy and son of Senator Harris, accompanied by a delegation of cowboys who have advanced to the National Finals Rodeo.
The Senate welcomed its guests.
AT EASE
The President at 11:40 a.m. announced the Senate would stand At Ease subject to the call of the Chair.
IN LEGISLATIVE SESSION
The President at 11:50 a.m. called the Senate to order as In Legislative Session.
SENATE RESOLUTION 502
Senator Uresti offered the following resolution:
SRi502, In memory of Kristy Michelle Moehrig-Appleby.
The resolution was read.
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On motion of Senator Uresti, SRi502 was read and was adopted by a rising vote of the Senate.
In honor of the memory of Kristy Michelle Moehrig-Appleby, the text of the resolution is printed at the end of today's Senate Journal.
GUESTS PRESENTED
Senator Uresti was recognized and introduced to the Senate family members of Kristy Moehrig-Appleby: her mother, Tinker Conrad, and her sisters, Kandace Moehrig and Kayelyn Scofield.
The Senate welcomed its guests and extended its sympathy.
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.
There was no objection.
CONCLUSION OF MORNING CALL
The President at 11:57 a.m. announced the conclusion of morning call.
COMMITTEEiiSUBSTITUTE
SENATE BILL 297 ON SECOND READING
On motion of Senator Van de Putte and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi297 at this time on its second reading:
CSSB 297, Relating to resident tuition rates and fees at public institutions of higher education for certain veterans and their spouses and children.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
COMMITTEEiiSUBSTITUTE
SENATE BILL 297 ON THIRD READING
Senator Van de Putte moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi297 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
Reason for Vote
Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule:
I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider CSSBi297, because in my judgment no circumstance exists in this case to justify the
664 81st Legislature — Regular Session 26th Day
/s/Jeff Wentworth
Senator, District 25
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
COMMITTEEiiSUBSTITUTE
SENATE BILL 309 ON THIRD READING
On motion of Senator Jackson and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi309 at this time on its third reading and final passage:
CSSB 309, Relating to the licensing and regulation of amusement redemption machines at certain locations; providing criminal penalties.
The bill was read third time.
Senator Hinojosa offered the following amendment to the bill:
Floor Amendment No. 1 on Third Reading
Amend CSSB 309 on third reading as follows:
(1)iiIn SECTION 1 of the bill, in the heading to proposed Section 2153.508, Occupations Code, strike "CRIMINAL" and substitute "CIVIL".
(2)iiIn SECTION 1 of the bill, in proposed Section 2153.508(a), Occupations Code, strike "an offense" and substitute "a violation".
(3)iiIn SECTION 1 of the bill, in proposed Section 2153.508(a), Occupations Code, strike Subsection (b) and substitute the following:
(b)iiThe comptroller may assess a civil penalty against a person who violates this subchapter. The amount of the penalty for each unregistered amusement redemption machine in excess of ten unregistered machines in violation of this subchapter is as follows:
(1)iifor a first violation, $500 for each unregistered machine; and
(2)iifor a second or subsequent violation, $1000 for each unregistered machine.
(4)iiIn SECTION 1 of the bill, in proposed Section 2153.508(c) (page 3, line 24), Occupations Code, strike "an offense" and insert "a violation".
The amendment to CSSB 309 was read and was adopted by a viva voce vote.
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All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1 on Third Reading.
On motion of Senator Jackson and by unanimous consent, the caption was again amended to conform to the body of the bill as amended.
CSSB 309 as again amended was finally passed by the following vote:iiYeasi31, Naysi0.
SENATE BILL 745 ON SECOND READING
On motion of Senator Duncan and by unanimous consent, the regular order of business was suspended to take up for consideration SBi745 at this time on its second reading:
SB 745, Relating to state travel policies and procedures for the reimbursement or payment of travel expenses.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
SENATE BILL 745 ON THIRD READING
Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi745 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
Reason for Vote
Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule:
I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider SBi745, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on SBi745 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct.
/s/Jeff Wentworth
Senator, District 25
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
666 81st Legislature — Regular Session 26th Day
SENATE BILL 158 ON SECOND READING
On motion of Senator Ellis and by unanimous consent, the regular order of business was suspended to take up for consideration SBi158 at this time on its second reading:
SB 158, Relating to a notification requirement if a nurse is not assigned to a public school campus.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
SENATE BILL 158 ON THIRD READING
Senator Ellis moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi158 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
Reason for Vote
Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule:
I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider SBi158, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on SBi158 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct.
/s/Jeff Wentworth
Senator, District 25
The bill was read third time and was passed by the following vote:iiYeasi30, Naysi1.
Nays:iiHegar.
GUESTS PRESENTED
Senator Zaffirini was recognized and introduced to the Senate members of the Live Oak Beefmasters Breeding Association.
The Senate welcomed its guests.
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COMMITTEEiiSUBSTITUTE
SENATE BILL 657 ON SECOND READING
On motion of Senator Fraser and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi657 at this time on its second reading:
CSSB 657, Relating to the selection of the local administrative district judge for Blanco, Burnet, Llano, and San Saba Counties.
The bill was read second time and was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment.
COMMITTEEiiSUBSTITUTE
SENATE BILL 657 ON THIRD READING
Senator Fraser moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi657 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
Reason for Vote
Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule:
I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider CSSBi657, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on CSSBi657 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct.
/s/Jeff Wentworth
Senator, District 25
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
SENATE BILL 175 ON SECOND READING
Senator Shapiro moved to suspend the regular order of business to take up for consideration SBi175 at this time on its second reading:
668 81st Legislature — Regular Session 26th Day
SB 175, Relating to limitations on the automatic admission of undergraduate students to general academic teaching institutions.
The motion prevailed by the following vote:iiYeasi22, Naysi9.
Yeas:iiAveritt, Carona, Deuell, Duncan, Eltife, Estes, Fraser, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Ogden, Patrick, Seliger, Shapiro, Watson, Wentworth, Williams, Zaffirini.
Nays:iiDavis, Ellis, Gallegos, Nichols, Shapleigh, Uresti, VanideiPutte, West, Whitmire.
The bill was read second time.
Senator Shapiro offered the following amendment to the bill:
Floor Amendment No. 1
Amend SB 175 (Senate committee printing) as follows:
(1)iiIn SECTION 1 of the bill, strike added Subsection (a-1), Section 51.803, Education Code (page 1, line 42 through page 2, line 1), and substitute the following:
(a-1)iiBeginning with admissions for the 2010-2011 academic year, a general academic teaching institution is not required to admit under Subsection (a) more than 60 percent of the institution's first-time resident undergraduate students in an academic year. If the number of applicants who qualify for automatic admission to a general academic teaching institution under Subsection (a) exceeds 60 percent of the institution's enrollment capacity designated for first-time resident undergraduate students, the institution may elect to offer admission to those applicants as provided by this subsection and not as otherwise required by Subsection (a). If the institution elects to offer admission under this subsection, the institution shall offer admission to those applicants by percentile rank according to class standing based on grade point average, beginning with the top percentile rank, until the applicants qualified under Subsection (a) have been offered admission in the number estimated in good faith by the institution as sufficient to fill 50 percent of the institution's enrollment capacity designated for first-time resident undergraduate students, except that the institution must offer admission to all applicants with the same percentile rank. In addition to those admissions, until applicants qualified under Subsection (a) have been offered admission in the number estimated in good faith by the institution as sufficient to fill 60 percent of the designated enrollment capacity described by this subsection, the institution shall offer to applicants qualified for automatic admission under Subsection (a) admission in the same manner as other applicants for admission as first-time undergraduate students in accordance with Section 51.805, except that the institution may not consider applicants other than those applicants qualified under Subsection (a). After the applicants qualified for automatic admission under Subsection (a) have been offered admission under this subsection in the number estimated in good faith as sufficient to fill 60 percent of the designated enrollment capacity described by this subsection, the institution shall consider any remaining applicants qualified for automatic admission under Subsection (a) in the same manner as other applicants for admission as first-time undergraduate students in accordance with Section 51.805.
(2)iiIn SECTION 1 of the bill, in added Subsection (a-2), Section 51.803, Education Code (page 2, line 12), strike "50" and substitute "60".
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(3)iiStrike SECTION 3 of the bill (page 2, lines 55-61) and renumber subsequent SECTIONS of the bill accordingly.
The amendment to SB 175 was read and was adopted by the following vote:iiYeasi29, Naysi2.
Yeas:iiAveritt, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Seliger, Shapiro, Shapleigh, Uresti, VanideiPutte, Watson, West, Whitmire, Zaffirini.
Nays:iiWentworth, Williams.
Senator Shapiro offered the following amendment to the bill:
Floor Amendment No. 2
Amend SB 175 (Senate committee printing) in SECTION 1 of the bill, at the end of added Section 51.803(a-1), Education Code (page 2, line 1), by adding the following:
This subsection and Subsection (a-2) have no effect after the eighth consecutive academic year in which a general academic teaching institution has had the option of electing to offer admission to applicants under this subsection.
(Senator Watson in Chair)
The amendment to SB 175 was read and failed of adoption by the following vote:iiYeasi15, Naysi16.
Yeas:iiAveritt, Carona, Duncan, Eltife, Estes, Harris, Hegar, Huffman, Jackson, Nelson, Patrick, Seliger, Shapiro, Watson, Zaffirini.
Nays:iiDavis, Deuell, Ellis, Fraser, Gallegos, Hinojosa, Lucio, Nichols, Ogden, Shapleigh, Uresti, VanideiPutte, Wentworth, West, Whitmire, Williams.
Senator West offered the following amendment to the bill:
Floor Amendment No. 3
Amend SB 175 (Senate committee printing) by adding the following Subsection (a-2) (3), Section 51.803, Education Code (page 2, between lines 16 and 17) to read as follows:
(3)iiany scholarship program administered by the Texas Higher Education Coordinating Board for the purpose of encouraging students who qualify for automatic admission under Subsection (a) to attend public institutions of higher education in this state.
The amendment to SB 175 was read.
Senator West temporarily withdrew Floor Amendment No.i3.
Senator VanideiPutte offered the following amendment to the bill:
Floor Amendment No. 4
Amend SB 175 (Senate committee printing) as follows:
(1)iiIn the recital to SECTION 1 of the bill (page 1, line 12), strike "(a-1) and (a-2)" and substitute "(a-1), (a-2), and (g)".
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(2)iiIn SECTION 1 of the bill, immediately following added Section 51.803(a-2), Education Code (page 2, between lines 16 and 17), insert the following:
(g)iiThe Texas Higher Education Coordinating Board by rule shall develop and implement a program to increase and enhance the efforts of general academic teaching institutions in conducting outreach to academically high-performing high school seniors in this state who are likely to be eligible for automatic admission under Subsection (a) to provide to those students information and counseling regarding the operation of this section and other opportunities, including financial assistance, available to those students for success at public institutions of higher education in this state. Under the program, the coordinating board, after gathering information and recommendations from available sources and examining current outreach practices by institutions in this state and in other states, shall prescribe best practices guidelines and standards to be used by general academic teaching institutions in conducting the student outreach described by this subsection.
The amendment to SB 175 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 4 except as follows:
Nays:iiWentworth, Williams.
Senator Ogden offered the following amendment to the bill:
Floor Amendment No. 5
Amend SBi175 (Senate committee printing) by adding the following appropriately numbered SECTIONS to the bill and by renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.iiChapter 56, Education Code, is amended by adding Subchapter R to read as follows:
SUBCHAPTER R. SCHOLARSHIPS FOR STUDENTS GRADUATING
IN TOP 10 PERCENT OF HIGH SCHOOL CLASS
Sec. 56.481.iiPURPOSE.iiThe purpose of this program is to encourage attendance at public institutions of higher education in this state by outstanding high school students in the top 10 percent of their graduating class.
Sec.i56.482.iiDEFINITIONS. In this subchapter:
(1)ii"Coordinating board" means the Texas Higher Education Coordinating Board.
(2)ii"Institution of higher education" has the meaning assigned by Section 61. 003.
(3)ii"Program" means the scholarship program authorized by this subchapter.
Sec.i56.483.iiAWARD OF SCHOLARSHIP.ii(a) The coordinating board shall award scholarships to eligible students under this subchapter.
(b)iiAn institution of higher education shall provide to a student who receives a scholarship under the program for a semester or other academic term:
(1)iia credit in the amount of the scholarship, to be applied toward the payment of any amount of educational costs charged by the institution for that semester or term; and
Tuesday, March 24, 2009 SENATE JOURNAL 671
(2)iia check, electronic transfer, or other disbursement of any remaining scholarship amount.
(c)iiAn amount paid under Subsection (b)(2) may be applied only to any usual and customary cost incurred by the student to attend the institution.
Sec.i56.484.iiINITIAL ELIGIBILITY FOR SCHOLARSHIP.iiTo be eligible for a scholarship under this subchapter, a student must:
(1)iihave graduated from a public or accredited private high school in this state while ranked in the top 10 percent of the student's graduating class, subject to Section 56.486(b);
(2)iihave completed the recommended or advanced high school curriculum established under Section 28.025 or its equivalent;
(3)iihave unmet financial need, as defined by coordinating board rule;
(4)iienroll as a first-time freshman student in an institution of higher education not earlier than the 2010-2011 academic year and not later than the 16th month after the date of the student's high school graduation;
(5)iibe a Texas resident under Section 54.052; and
(6)iicomply with any other eligibility requirements established by coordinating board rule.
Sec.i56.485.iiAMOUNT OF SCHOLARSHIP; LIMITATION.ii(a)iiExcept as provided by Subsections (b) and (c), for each semester or other academic term in which an eligible student is enrolled at an institution of higher education, the amount of a scholarship is the amount established by coordinating board rule, not to exceed $1,000.
(b)iiThe coordinating board may award a bonus amount, not to exceed an additional $1,000 for each semester or other academic term, to each eligible student who:
(1)iiis classified as a junior or senior at an institution of higher education;
(2)iihas declared a major in a field with a workforce shortage, as determined by coordinating board rule; and
(3)iimakes satisfactory academic progress as required by Section 56.488.
(c)iiIn any academic year, the statewide aggregate of scholarships awarded under the program may not exceed amounts appropriated for the program for that year.
(d)iiThe coordinating board shall issue to each eligible student a certificate indicating the amount of the scholarship awarded to the student.
Sec. 56.486.iiAPPLICATION PROCEDURE.ii(a) The coordinating board shall establish application procedures for the program. The procedures may require an officer of the applicable high school or school district to verify the eligibility of a student to receive a scholarship under the program.
(b)iiThe coordinating board may permit a student to establish initial eligibility based on the student's class rank at the end of the student's seventh semester in high school. The board may revoke an initial scholarship awarded to a student who subsequently loses eligibility based on the student's class rank on graduation from high school.
672 81st Legislature — Regular Session 26th Day
(c)iiThe coordinating board may consider applications received after the application deadline only if sufficient funding for scholarships remains after the board awards scholarships to all eligible students who applied on or before the deadline.
(d)iiThe coordinating board shall establish procedures to notify each eligible student of the receipt of a scholarship under the program and to enable an institution of higher education to verify the award of a scholarship to a student who is enrolled at that institution.
Sec.i56.487.iiCONTINUING ELIGIBILITY FOR SCHOLARSHIP.ii(a)iiAfter establishing eligibility to receive an initial scholarship under the program, a student may continue to receive additional scholarships during each subsequent semester or other academic term in which the student is enrolled at an institution of higher education if the student:
(1)iihas unmet financial need, as defined by coordinating board rule;
(2)iimakes satisfactory academic progress as required by Section 56.488;
(3)iisubmits to the institution transcripts for any coursework completed at other public or private institutions of higher education; and
(4)iicomplies with any other eligibility requirements established by coordinating board rule.
(b)iiIf a student fails to meet any of the requirements of Subsection (a) after completing a semester or other academic term, the student may not receive a scholarship during the next semester or other academic term in which the student enrolls. A student may become eligible to receive a scholarship in a subsequent semester or term if the student:
(1)iicompletes a semester or term during which the student is not eligible for a scholarship; and
(2)iimeets all the requirements of Subsection (a).
(c)iiExcept as provided by Section 56.489(b), a student's eligibility for a scholarship under the program ends on the fourth anniversary of the first day of the semester or other academic term for which the student was awarded an initial scholarship under the program.
Sec.i56.488.iiSATISFACTORY ACADEMIC PROGRESS. (a) For each academic year in which a student receives one or more scholarships under the program, the student must:
(1)iicomplete for that year:
(A)iiat least 75 percent of all credit hours attempted, as determined by the institution of higher education in which the student is enrolled; and
(B)iiat least 30 credit hours or the number of credit hours needed to complete the student's degree or certificate program, whichever is less; and
(2)iiexcept as permitted by Subsection (b), maintain an overall grade point average of at least 3.25 on a four-point scale or its equivalent for all coursework attempted at any public or private institution of higher education.
Tuesday, March 24, 2009 SENATE JOURNAL 673
(b)iiA student who receives a bonus amount under Section 56.485(b) must maintain during the student's junior or senior year an overall grade point average of at least 3.00 on a four-point scale or its equivalent for all coursework attempted at any public or private institution of higher education.
Sec.i56.489.iiEXCEPTION FOR HARDSHIP OR OTHER GOOD CAUSE. (a)iiEach institution of higher education shall adopt a policy to allow a student who fails to make satisfactory academic progress as required by Section 56.488 to receive a scholarship in a subsequent semester or other academic term on a showing of hardship or other good cause, including:
(1)iia showing of a severe illness or other debilitating condition that could affect the student's academic performance; or
(2)iian indication that the student is responsible for the care of a sick, injured, or needy person and that the student's provision of care could affect the student's academic performance.
(b)iiAn institution of higher education may extend the eligibility period described by Section 56.487(c) in the event of hardship or other good cause as provided by the institution's policy adopted under Subsection (a).
(c)iiAn institution of higher education shall maintain documentation of each exception granted to a student under this section and shall provide timely notice of those exceptions to the coordinating board.
Sec.i56.490.iiPUBLICATION OF PROGRAM INFORMATION. (a)iiThe coordinating board shall publish and disseminate general information and rules for the program as provided by Subsection (b) and as otherwise considered appropriate by the board.
(b)iiThe coordinating board shall provide application instructions to:
(1)iieach school district and each institution of higher education; and
(2)iian individual student on request.
Sec.i56.491.iiREIMBURSEMENT. (a)iiEach institution of higher education that provides scholarships under the program to eligible students enrolled at the institution is entitled to reimbursement by the coordinating board of the amounts provided. The institution must request reimbursement in the manner specified by coordinating board rule.
(b)iiOn approval of an institution's request for reimbursement, the coordinating board shall direct the comptroller to transfer the appropriate amount to the institution. The institution may use the transferred funds as reimbursement for any credits provided to students under this subchapter, to reimburse students for charges previously paid to the institution, or to make scholarship payments to students, as applicable.
Sec. 56.492.iiRULES.iiThe coordinating board shall adopt rules as necessary to administer the program under this subchapter.
SECTION ____.ii(a)iiThe Texas Higher Education Coordinating Board shall adopt rules to administer Subchapter R, Chapter 56, Education Code, as added by this Act, as soon as practicable after the effective date of this Act. For that purpose, the coordinating board may adopt the initial rules in the manner provided by law for emergency rules.
674 81st Legislature — Regular Session 26th Day
(b)iiThe Texas Higher Education Coordinating Board shall begin awarding scholarships under Subchapter R, Chapter 56, Education Code, as added by this Act, for the first academic year for which money is appropriated for that purpose, except that the coordinating board may not award scholarships under that subchapter for an academic year before the 2010-2011 academic year.
OGDEN
URESTI
WEST
The amendment to SB 175 was read.
(President in Chair)
(Senator Eltife in Chair)
Senator Ogden offered the following amendment to Floor Amendment No. 5:
Floor Amendment No. 6
Amend Floor Amendment No. 5 to SBi175, proposed Sec. 56.483, Educ. Code, by adding new Subsection (d) to read as follows:
(d)iiThis Subchapter does not apply to a student that attends an institution of higher education that makes admissions under Sec.i51.803(a-1).
The amendment to Floor Amendment No.i5 to SB 175 was read.
Senator Ogden withdrew Floor Amendment No.i6.
Senator Lucio offered the following amendment to Floor Amendment No. 5:
Floor Amendment No. 7
Amend Floor Amendment No. 5 to SB 175 as follows:
(1)iiIn Sec. 56.484, by striking Subsection (3).
(2)iiBy striking the proposed Sec. 56.485(a), and substituting to read as follows:
Sec.i56.485.iiAMOUNT OF SCHOLARSHIP; LIMITATION. (a) Except as provided by Subsections (b) and (c), the amount of a scholarship for each semester or other academic term in which an eligible student is enrolled at an institution of higher education is the amount not to exceed the student's tuition. The board shall issue to each eligible student a certificate indicating the amount of the scholarship awarded to the student.
(3)iiBy striking Section 56.485(c) and substituting the following:
(c)iiThe legislature shall account in the General Appropriations Act for the exemptions authorized by Subsection 56.485(a) in a way that provides a corresponding increase in the general revenue funds appropriated to the institution.
(4)iiIn Sec.i56.487, by striking Subsection (1).
(5)iiIn Sec.i56.489, subsection (a)(2) after "performance" and before "." inserting the following:
or any other cause deemed acceptable by the public institution of higher learning or the coordinating board
The amendment to Floor Amendment No.i5 to SB 175 was read.
Senator Lucio withdrew Floor Amendment No.i7.
Tuesday, March 24, 2009 SENATE JOURNAL 675
AT EASE
The Presiding Officer, Senator Eltife in Chair, at 3:30 p.m. announced the Senate would stand At Ease subject to the call of the Chair.
IN LEGISLATIVE SESSION
The President at 3:53 p.m. called the Senate to order as In Legislative Session.
Senator Lucio offered the following amendment to Floor Amendment No. 5:
Floor Amendment No. 8
Amend Floor Amendment No. 5 to SB 175 as follows:
(1)iiBy striking the proposed Sec. 56.485(a), and substituting to read as follows:
Sec. 56.485.iiAMOUNT OF SCHOLARSHIP; LIMITATION.ii(a)iiExcept as provided by Subsections (b) and (c), the amount of a scholarship for each semester or other academic term in which an eligible student is enrolled at an institution of higher education is the amount not to exceed the student's tuition. The board shall issue to each eligible student a certificate indicating the amount of the scholarship awarded to the student.
(2)iiBy striking Section 56.485(c) and substituting the following:
(c)iiThe legislature shall account in the General Appropriations Act for the exemptions authorized by Subsection 56.485(a) in a way that provides a corresponding increase in the general revenue funds appropriated to the institution.
(3)iiIn Sec. 56.489, subsection (a)(2) after "performance" and before "." inserting the following:
or any other cause deemed acceptable by the coordinating board
The amendment to Floor Amendment No.i5 to SB 175 was read and was adopted by the following vote:iiYeasi19, Naysi12.
Yeas:iiAveritt, Carona, Davis, Duncan, Ellis, Eltife, Estes, Gallegos, Hinojosa, Lucio, Ogden, Shapiro, Shapleigh, Uresti, VanideiPutte, Watson, West, Whitmire, Zaffirini.
Nays:iiDeuell, Fraser, Harris, Hegar, Huffman, Jackson, Nelson, Nichols, Patrick, Seliger, Wentworth, Williams.
Question recurring on the adoption of Floor Amendment No.i5 to SBi175, the amendment as amended was adopted by the following vote:iiYeasi20, Naysi11.
Yeas:iiAveritt, Carona, Davis, Duncan, Ellis, Eltife, Estes, Gallegos, Hegar, Hinojosa, Lucio, Ogden, Shapiro, Shapleigh, Uresti, VanideiPutte, Watson, West, Whitmire, Zaffirini.
Nays:iiDeuell, Fraser, Harris, Huffman, Jackson, Nelson, Nichols, Patrick, Seliger, Wentworth, Williams.
Senator Patrick offered the following amendment to the bill:
Floor Amendment No. 9
Amend SB 175 (Senate committee printing) in SECTION 1 of the bill, on page 2, line 17, by adding the following:
676 81st Legislature — Regular Session 26th Day
(a-3)iiA general academic institution affected by subsection (a) shall not exceed the percentage of out of state or foreign students admitted during the 2009 academic year.
The amendment to SB 175 was read and failed of adoption by the following vote:iiYeasi14, Naysi17.
Yeas:iiAveritt, Deuell, Fraser, Harris, Hegar, Huffman, Jackson, Nelson, Nichols, Ogden, Patrick, Shapiro, Uresti, Williams.
Nays:iiCarona, Davis, Duncan, Ellis, Eltife, Estes, Gallegos, Hinojosa, Lucio, Seliger, Shapleigh, VanideiPutte, Watson, Wentworth, West, Whitmire, Zaffirini.
Senator West offered the following amendment to the bill:
Floor Amendment No. 10
Amend SB 175 (Senate committee printing) as follows:
(1)iiIn SECTION 1 of the bill, immediately following added Section 51.803(a-2), Education Code (page 2, between lines 16 and 17), insert the following:
(g)iiThis section expires August 31, 2015.
(2)iiAdd the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTIONi____.iiEffective September 1, 2015, Subchapter U, Chapter 51, Education Code, is amended by adding Section 51.8035 to read as follows:
Sec.i51.8035.iiAUTOMATIC ADMISSION: ALL INSTITUTIONS. (a) Each general academic teaching institution shall admit an applicant for admission to the institution as an undergraduate student if the applicant graduated with a grade point average in the top 10 percent of the student's high school graduating class in one of the two school years preceding the academic year for which the applicant is applying for admission and:
(1)iithe applicant graduated from a public or private high school in this state accredited by a generally recognized accrediting organization or from a high school operated by the United States Department of Defense;
(2)iithe applicant:
(A)iisuccessfully completed:
(i)iiat a public high school, the curriculum requirements established under Section 28.025 for the recommended or advanced high school program; or
(ii)iiat a high school to which Section 28.025 does not apply, a curriculum that is equivalent in content and rigor to the recommended or advanced high school program; or
(B)iisatisfied ACT's College Readiness Benchmarks on the ACT assessment applicable to the applicant or earned on the SAT assessment a score of at least 1,500 out of 2,400 or the equivalent; and
(3)iiif the applicant graduated from a high school operated by the United States Department of Defense, the applicant is a Texas resident under Section 54.052 or is entitled to pay tuition fees at the rate provided for Texas residents under Section 54.058(d) for the term or semester to which admitted.
Tuesday, March 24, 2009 SENATE JOURNAL 677
(b)iiAn applicant who does not satisfy the curriculum requirements prescribed by Subsection (a)(2)(A)(i) or (ii) is considered to have satisfied those requirements if the student completed the portion of the recommended or advanced curriculum or of the curriculum equivalent in content and rigor, as applicable, that was available to the student but was unable to complete the remainder of the curriculum solely because courses necessary to complete the remainder were unavailable to the student at the appropriate times in the student's high school career as a result of course scheduling, lack of enrollment capacity, or another cause not within the student's control.
(c)iiTo qualify for admission under this section, an applicant must:
(1)iisubmit an application before the expiration of any application filing deadline established by the institution; and
(2)iiprovide a high school transcript or diploma that satisfies the requirements of Subsection (d).
(d)iiFor purposes of Subsection (c)(2), a student's official transcript or diploma must, not later than the end of the student's junior year, indicate:
(1)iiwhether the student has satisfied or is on schedule to satisfy the requirements of Subsection (a)(2)(A)(i) or (ii), as applicable; or
(2)iiif Subsection (b) applies to the student, whether the student has completed the portion of the recommended or advanced curriculum or of the curriculum equivalent in content and rigor, as applicable, that was available to the student.
(e)iiEach institution of higher education shall admit an applicant for admission to the institution as an undergraduate student if the applicant:
(1)iiis the child of a public servant listed in Section 615.003, Government Code, who was killed or sustained a fatal injury in the line of duty; and
(2)iimeets the minimum requirements, if any, established for purposes of this subsection by the governing board of the institution for high school or prior college-level grade point average and performance on standardized tests.
(f)iiAfter admitting an applicant under this section, the institution shall review the applicant's record and any other factor the institution considers appropriate to determine whether the applicant may require additional preparation for college-level work or would benefit from inclusion in a retention program.iiThe institution may require a student so identified to enroll during the summer immediately after the student is admitted under this section to participate in appropriate enrichment courses and orientation programs.iiThis section does not prohibit a student who is not determined to need additional preparation for college-level work from enrolling, if the student chooses, during the summer immediately after the student is admitted under this section.
(g)iiA reference in law to former Section 51.803, Education Code, is a reference to this section unless the context clearly indicates otherwise.
The amendment to SB 175 was read.
Senator Shapiro moved to table Floor Amendment No.i10.
The motion to table was lost by the following vote:iiYeasi14, Naysi17.
Yeas:iiAveritt, Carona, Eltife, Estes, Harris, Huffman, Jackson, Nelson, Patrick, Seliger, Shapiro, Wentworth, Williams, Zaffirini.
678 81st Legislature — Regular Session 26th Day
Nays:iiDavis, Deuell, Duncan, Ellis, Fraser, Gallegos, Hegar, Hinojosa, Lucio, Nichols, Ogden, Shapleigh, Uresti, VanideiPutte, Watson, West, Whitmire.
Question recurring on the adoption of Floor Amendment No.i10 to SBi175, the amendment was adopted by the following vote:iiYeasi17, Naysi14.
Yeas:iiDavis, Deuell, Duncan, Ellis, Fraser, Gallegos, Hegar, Hinojosa, Lucio, Nichols, Ogden, Shapleigh, Uresti, VanideiPutte, Watson, West, Whitmire.
Nays:iiAveritt, Carona, Eltife, Estes, Harris, Huffman, Jackson, Nelson, Patrick, Seliger, Shapiro, Wentworth, Williams, Zaffirini.
Senator Williams offered the following amendment to the bill:
Floor Amendment No. 11
Amend SB 175 as follows:
(1)iiStrike SECTION 1 and SECTION 2 of the bill and substitute the following:
SECTION 1.iiSections 28.026, 51.803, 51.8035, 51.804, and 51.8045, Education Code, is repealed.
(2)iiRenumber subsequent SECTIONS of the bill accordingly.
WILLIAMS
NELSON
WENTWORTH
The amendment to SB 175 was read and failed of adoption by the following vote:iiYeasi13, Naysi18.
Yeas:iiCarona, Duncan, Estes, Fraser, Harris, Huffman, Jackson, Nelson, Patrick, Seliger, Shapiro, Wentworth, Williams.
Nays:iiAveritt, Davis, Deuell, Ellis, Eltife, Gallegos, Hegar, Hinojosa, Lucio, Nichols, Ogden, Shapleigh, Uresti, VanideiPutte, Watson, West, Whitmire, Zaffirini.
VOTE RECONSIDERED
Senator Williams moved to reconsider the vote by which Floor Amendment No.i2 failed of adoption.
The motion prevailed by the following vote:iiYeasi18, Naysi13.
Yeas:iiAveritt, Carona, Duncan, Eltife, Estes, Fraser, Harris, Hegar, Huffman, Jackson, Nelson, Patrick, Seliger, Shapiro, Watson, Wentworth, Williams, Zaffirini.
Nays:iiDavis, Deuell, Ellis, Gallegos, Hinojosa, Lucio, Nichols, Ogden, Shapleigh, Uresti, VanideiPutte, West, Whitmire.
Question — Shall Floor Amendment No. 2 to SB 175 be adopted?
Floor Amendment No. 2 to SBi175 was adopted by the following vote:iiYeasi18, Naysi13.
Yeas:iiAveritt, Carona, Duncan, Eltife, Estes, Fraser, Harris, Hegar, Huffman, Jackson, Nelson, Patrick, Seliger, Shapiro, Watson, Wentworth, Williams, Zaffirini.
Nays:iiDavis, Deuell, Ellis, Gallegos, Hinojosa, Lucio, Nichols, Ogden, Shapleigh, Uresti, VanideiPutte, West, Whitmire.
Tuesday, March 24, 2009 SENATE JOURNAL 679
VOTE RECONSIDERED
Senator Fraser moved to reconsider the vote by which Floor Amendment No.i10 was adopted.
The motion prevailed by the following vote:iiYeasi17, Naysi14.
Yeas:iiAveritt, Carona, Eltife, Estes, Fraser, Harris, Hegar, Huffman, Jackson, Nelson, Patrick, Seliger, Shapiro, Watson, Wentworth, Williams, Zaffirini.
Nays:iiDavis, Deuell, Duncan, Ellis, Gallegos, Hinojosa, Lucio, Nichols, Ogden, Shapleigh, Uresti, Van de Putte, West, Whitmire.
Question — Shall Floor Amendment No. 10 to SB 175 be adopted?
Floor Amendment No. 10 to SBi175 failed of adoption by the following vote:iiYeasi14, Naysi17.
Yeas:iiDavis, Deuell, Duncan, Ellis, Gallegos, Hinojosa, Lucio, Nichols, Ogden, Shapleigh, Uresti, Van de Putte, West, Whitmire.
Nays:iiAveritt, Carona, Eltife, Estes, Fraser, Harris, Hegar, Huffman, Jackson, Nelson, Patrick, Seliger, Shapiro, Watson, Wentworth, Williams, Zaffirini.
Senator West again offered the following amendment to the bill:
Floor Amendment No. 3
Amend SB 175 (Senate committee printing) by adding the following Subsection (a-2)(3), Section 51.803, Education Code (page 2, between lines 16 and 17), to read as follows:
(3)iiany scholarship program administered by the Texas Higher Education Coordinating Board for the purpose of encouraging students who qualify for automatic admission under Subsection (a) to attend public institutions of higher education in this state.
The amendment to SB 175 was again read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 3.
On motion of Senator Shapiro and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
SB 175 as amended was passed to engrossment by the following vote:iiYeasi23, Naysi8.
Yeas:iiAveritt, Carona, Davis, Deuell, Duncan, Eltife, Estes, Fraser, Harris, Hegar, Hinojosa, Huffman, Lucio, Nelson, Nichols, Ogden, Patrick, Seliger, Shapiro, Watson, Wentworth, Williams, Zaffirini.
Nays:iiEllis, Gallegos, Jackson, Shapleigh, Uresti, VanideiPutte, West, Whitmire.
REMARKS ORDERED PRINTED
On motion of Senator Lucio, the remarks regarding SBi175 prior to suspension of the regular order of business were ordered reduced to writing and printed in the Senate Journal.
Senator Ogden asked to be recorded as voting "Nay" on the motion.
The remarks will be printed in an addendum to this day's journal.
680 81st Legislature — Regular Session 26th Day
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Lucio and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on International Relations and Trade might meet and consider the following bills today:
SBi803, SBi1047, SBi1085, SBi1526.
SENATE RULE 11.13 SUSPENDED
(Consideration of Bills in Committees)
On motion of Senator Williams and by unanimous consent, Senate Rule 11.13 was suspended to grant all committees permission to meet while the Senate was meeting today.
REPORT OF COMMITTEE ON NOMINATIONS
Senator Jackson submitted the following report from the Committee on Nominations:
We, your Committee on Nominations, to which were referred the following appointments, have had same under consideration and report them back to the Senate with a recommendation that they be confirmed:
Members, Board of Regents, Midwestern State University: Charles Edward Engelman, Wichita County; Fenton Lynwood Givens, Collin County; Shawn G. Hessing, Tarrant County; Jane W. Spears, Wichita County.
Members, Prepaid Higher Education Tuition Board: Joe Colonnetta, Dallas County; Stephen Nations Mueller, Harris County.
Member, School Land Board: Todd F. Barth, Harris County.
Members, Board of Regents, Stephen F. Austin State University: Carlos Z. Amaral, Collin County; Scott Harvey Coleman, Harris County; James Hinton Dickerson, Jr., J.D., Comal County; Valerie E. Ertz, Dallas County; John R. Garrett, Smith County; Steve D. McCarty, Cherokee County.
Members, Board of Directors, Texas Guaranteed Student Loan Corporation: Steven Wroe Jackson; Richard M. Rhodes, El Paso County; Michael J. Savoie, Denton County; Dora Anne Verde, Bexar County; Welcome W. Wilson, Jr., Harris County.
Members, Board of Regents, Texas State University System: Charles E. Amato, Bexar County; Ron Blatchley, Brazos County; Kevin J. Lilly, Harris County; Ron Lynn Mitchell, Llano County; James David Montagne, Jefferson County; Michael Joseph Truncale, Jefferson County; Donna N. Williams, Tarrant County.
Members, Texas Veterans Commission: Eliseo Cantu, Jr., Nueces County; JohniB. McKinney, El Paso County.
Members, Board of Regents, Texas Woman's University: Sue Schrier Bancroft, Denton County; Lola Chriss, Dallas County; Harry L. Crumpacker II, Collin County; Ann Scanlon McGinity, Brazoria County.
Tuesday, March 24, 2009 SENATE JOURNAL 681
Members, Board of Regents, University of Houston System: Nelda Luce Blair, Montgomery County; Jacob M. Monty, Harris County; Michele "Mica" Mosbacher, Harris County; Carroll Robertson Ray, Harris County.
Members, Board of Regents, University of North Texas System: Don A. Buchholz, Dallas County; Gwyn Shea, Dallas County; Jack A. Wall, Dallas County.
NOTICE OF CONSIDERATION OF NOMINATIONS
Senator Jackson gave notice that he would tomorrow at the conclusion of morning call submit to the Senate for consideration nominations to agencies, boards, and commissions of the state.
MOTION TO ADJOURN
On motion of Senator Whitmire and by unanimous consent, the Senate at 5:50ip.m. agreed to adjourn, in memory of Kristy Michelle Moehrig-Appleby, upon completion of the introduction of bills and resolutions on first reading, until 11:00ia.m. tomorrow.
SENATE BILLS ON FIRST READING
The following bills, filed on or before Friday, March 13, 2009, were introduced, read first time, and referred to the committees indicated:
SB 1851 by Deuell
Relating to the posting of notice by a county sheriff regarding impounded estrays.
To Committee on Agriculture and Rural Affairs.
SB 1852 by Van de Putte
Relating to the ad valorem taxation of the residence homestead of a disabled veteran or the surviving spouse of a disabled veteran.
To Committee on Finance.
SB 1853 by Van de Putte
Relating to disciplinary actions regarding a pharmacy technician or pharmacy technician trainee.
To Committee on Health and Human Services.
SB 1854 by West
Relating to creating a recognition day in honor of Dolores C. Huerta.
To Committee on Administration.
SB 1855 by Carona
Relating to offers of settlement in certain civil actions.
To Committee on State Affairs.
SB 1856 by Eltife
Relating to the regulation of manufactured housing.
To Committee on Business and Commerce.
SB 1857 by Jackson
Relating to the service areas of certain junior college districts.
To Committee on Higher Education.
682 81st Legislature — Regular Session 26th Day
SB 1858 by West
Relating to the disclosure of criminal history record information regarding public school employees.
To Committee on State Affairs.
SB 1859 by Jackson
Relating to the exemption from the sales and use tax of boat slip rental fees charged at certain marinas severely damaged by Hurricane Ike.
To Committee on Finance.
SB 1860 by Jackson
Relating to animal shelter standards; providing a civil penalty.
To Committee on Intergovernmental Relations.
SB 1861 by Ellis
Relating to certain programs and pilot programs administered by the Texas Department of Housing and Community Affairs.
To Committee on Intergovernmental Relations.
SB 1862 by Ellis
Relating to state purchasing of certain environmentally friendly items.
To Committee on Government Organization.
SB 1863 by Ellis
Relating to the regulation of metal recycling entities; providing penalties.
To Committee on Natural Resources.
SB 1864 by Ellis
Relating to postconviction forensic DNA analysis.
To Committee on Criminal Justice.
SB 1865 by Ellis
Relating to the provider of last resort.
To Committee on Business and Commerce.
SB 1866 by Ellis
Relating to the collection, dissemination, and correction of certain judicial determinations for a federal firearm background check.
To Committee on Criminal Justice.
SB 1867 by Ellis
Relating to procedures related to the placement of a voter on the suspense list.
To Committee on State Affairs.
SB 1868 by Ellis
Relating to the regulation of certain residential mortgage foreclosure consulting services; providing a criminal penalty.
To Committee on Business and Commerce.
SB 1869 by Ellis, Gallegos
Relating to judicial review of a decision to terminate certain federal housing assistance.
To Committee on Jurisprudence.
Tuesday, March 24, 2009 SENATE JOURNAL 683
SB 1870 by Hegar
Relating to the regulation of property tax consultants.
To Committee on Finance.
SB 1871 by Hegar
Relating to the management of volunteer and other noncommercial cotton in pest management zones and the official cotton growers' boll weevil eradication program.
To Committee on Agriculture and Rural Affairs.
SB 1872 by Zaffirini
Relating to the use of information and records acquired during a fatality review and investigation.
To Committee on Jurisprudence.
SB 1873 by Zaffirini
Relating to subdivision platting requirements in counties near an international border.
To Committee on International Relations and Trade.
SB 1874 by Zaffirini
Relating to requiring a municipality or county to publish a notice of intent before issuing anticipation notes.
To Committee on Intergovernmental Relations.
SB 1875 by Zaffirini
Relating to a declaration of origin.
To Committee on Transportation and Homeland Security.
SB 1876 by Nelson
Relating to the administration and powers of a coordinated county transportation authority.
To Committee on Transportation and Homeland Security.
SB 1877 by Nelson
Relating to the creation of the Texas Medical Child Abuse Resources and Education System grant program.
To Committee on Health and Human Services.
SB 1878 by Nelson
Relating to the creation and operation of a council to increase state efforts to offer service-enriched housing through increased coordination of housing and health services.
To Committee on Health and Human Services.
SB 1879 by Nelson
Relating to the licensing and regulation of genetic counselors; providing penalties.
To Committee on Health and Human Services.
SB 1880 by Nelson
Relating to the regulation of nursing.
To Committee on Health and Human Services.
684 81st Legislature — Regular Session 26th Day
SB 1881 by Nelson
Relating to the alignment of certain Medicaid procedures regarding written orders for diabetic equipment and supplies with comparable Medicare written order procedures.
To Committee on Health and Human Services.
SB 1882 by Nelson
Relating to a memorandum of understanding between certain authorized entities to share suicide data that does not identify any individual.
To Committee on Health and Human Services.
SB 1883 by Ellis
Relating to food safety.
To Committee on Health and Human Services.
SB 1884 by Ellis
Relating to a breach of computer security involving sensitive personal information maintained by a state agency or local government.
To Committee on Government Organization.
SB 1885 by Ellis
Relating to strategies to better protect electric transmission and distribution assets against natural disasters.
To Committee on Business and Commerce.
SB 1886 by Ellis
Relating to diagnostic testing of pregnant women and certain newborns.
To Committee on Health and Human Services.
SB 1887 by Ellis
Relating to food handlers.
To Committee on Health and Human Services.
SB 1888 by Ellis
Relating to the reporting by candidates, officeholders, and specific-purpose committees in connection with certain judicial offices of political contributions and expenditures following the end of the period during which those entities may accept political contributions.
To Committee on State Affairs.
SB 1889 by Gallegos
Relating to regulation of fire protection sprinkler technicians.
To Committee on Business and Commerce.
SB 1890 by Gallegos
Relating to certain orders by the commissioner of insurance during a state of disaster.
To Subcommittee on Flooding and Evacuations.
SB 1891 by Gallegos
Relating to performance ratings assigned to certain open-enrollment charter schools under the public school accountability system.
To Committee on Education.
Tuesday, March 24, 2009 SENATE JOURNAL 685
SB 1892 by Gallegos
Relating to the licensing of court interpreters.
To Committee on Jurisprudence.
SB 1893 by Gallegos
Relating to the authority of certain counties to enact noise regulations; providing a criminal penalty.
To Committee on Intergovernmental Relations.
SB 1894 by Gallegos
Relating to The Fire Fighter Labor Relations Act.
To Committee on State Affairs.
SB 1895 by Gallegos
Relating to the governing boards of independent school districts and junior college districts in counties with a population over 3.3 million.
To Committee on State Affairs.
SB 1896 by Gallegos
Relating to the grievance procedure for firefighters and police officers in certain municipalities.
To Committee on Intergovernmental Relations.
SB 1897 by Gallegos
Relating to fire code certificates of compliance, violations, and enforcement; providing penalties.
To Committee on Intergovernmental Relations.
SB 1898 by Gallegos
Relating to the applicability of a fire code in an unincorporated area of a county.
To Committee on Intergovernmental Relations.
SB 1899 by Shapiro
Relating to tenant's remedies regarding governmental determination of substandard housing.
To Committee on Business and Commerce.
SB 1900 by Seliger
Relating to the abolition of the Texas cultural endowment fund.
To Committee on Administration.
SB 1901 by Hinojosa
Relating to the safety of the fresh fruit and vegetables produced in this state.
To Committee on Agriculture and Rural Affairs.
SB 1902 by Hinojosa
Relating to the imposition of conditions on certain defendants charged with an offense involving family violence.
To Committee on Criminal Justice.
SB 1903 by Hinojosa, Van de Putte
Relating to creating a recognition day in honor of Vietnam veterans.
To Committee on Veteran Affairs and Military Installations.
686 81st Legislature — Regular Session 26th Day
SB 1904 by Hinojosa
Relating to promoting safety in public schools.
To Committee on Education.
SB 1905 by Hinojosa
Relating to the regulation of and information regarding property in the custody of a pawnbroker.
To Committee on Business and Commerce.
SB 1906 by Hinojosa
Relating to reports on expenditures of hospital upper payment limit supplemental payment program money.
To Committee on Health and Human Services.
SB 1907 by Hinojosa
Relating to the requirements regarding reporting by a common carrier or pipeline owner or operator of contamination.
To Committee on Natural Resources.
SB 1908 by Hinojosa
Relating to safety and financial responsibility in the operating of oil and gas wells; providing criminal penalties.
To Committee on Natural Resources.
SB 1909 by Hinojosa
Relating to the establishment by the Texas Forensic Science Commission of a DNA laboratory audit program.
To Committee on Criminal Justice.
SB 1910 by Whitmire
Relating to the licensing and regulation of commercial dog and cat breeders and the regulation of dog and cat dealers; providing penalties.
To Committee on State Affairs.
SB 1911 by Carona
Relating to protection of individual identifying information and consumer credit information from unauthorized use or disclosure.
To Committee on Business and Commerce.
SB 1912 by Duncan
Relating to the disclosure of personally identifiable information under the public information law.
To Committee on State Affairs.
SB 1913 by Fraser
Relating to certificates of convenience and necessity.
To Committee on Business and Commerce.
SB 1914 by Fraser
Relating to distilled spirits samplings by the holder of a distiller's and rectifier's permit.
To Committee on Business and Commerce.
Tuesday, March 24, 2009 SENATE JOURNAL 687
SB 1915 by Fraser
Relating to exemptions for insurers from certain rate filing and approval requirements based on the percentage that an insurer collects of the total amount of residential property insurance policy premiums collected in the state.
To Committee on Business and Commerce.
SB 1916 by West
Relating to the automatic expunction of arrest records and files pertaining to an individual who has been pardoned.
To Committee on Criminal Justice.
SB 1917 by West
Relating to certain responsibilities of a defendant serving a term of community supervision who changes residence within this state.
To Committee on Criminal Justice.
SB 1918 by West
Relating to disclosure of certain information by a property owners' association.
To Committee on Intergovernmental Relations.
SB 1919 by West
Relating to the requirements for recording a property owners' association management certificate.
To Committee on Intergovernmental Relations.
SB 1920 by Jackson
Relating to the membership of the Advisory Board on Cosmetology.
To Committee on Business and Commerce.
SB 1921 by Jackson
Relating to the office of county treasurer.
To Committee on Intergovernmental Relations.
SB 1922 by Ogden
Relating to the creation and re-creation of funds and accounts in the state treasury, the dedication and rededication of revenue, and the exemption of unappropriated money from use for general governmental purposes.
To Committee on Finance.
SB 1923 by Watson
Relating to funding sources for the Texas rail relocation and improvement fund.
To Committee on Transportation and Homeland Security.
SB 1924 by Watson
Relating to the notice required of certain political subdivisions concerning certain workers' compensation benefits.
To Committee on State Affairs.
SB 1925 by Watson
Relating to certain services provided by the office of injured employee counsel under the workers' compensation program of this state.
To Committee on State Affairs.
688 81st Legislature — Regular Session 26th Day
SB 1926 by Watson
Relating to the licensing and regulation of limited solar electric installers and limited solar electric contractors.
To Committee on Business and Commerce.
SB 1927 by Ellis, Lucio
Relating to a requirement that a full TEXAS grant be awarded to each eligible applicant in an academic year.
To Committee on Higher Education.
SB 1928 by Watson
Relating to a study regarding ad valorem tax relief through the use of a circuit breaker program.
To Committee on Finance.
SB 1929 by Watson
Relating to the designation of media production development zones and to exemptions from the sales and use tax for items used for sound stages in media production development zones.
To Committee on Economic Development.
SB 1930 by Watson
Relating to the use of a confidential identity for the plaintiff in a civil action involving sexual abuse of a minor.
To Committee on State Affairs.
SB 1931 by Watson
Relating to the statute of limitations in a civil suit for certain sexual assaults.
To Committee on State Affairs.
SB 1932 by Carona
Relating to the licensing requirements of hospitals providing outpatient dialysis services to a person relocated because of a disaster.
To Committee on Health and Human Services.
SB 1933 by Carona
Relating to the confidentiality of information and documents collected during a school district security audit.
To Committee on Education.
SB 1934 by Watson
Relating to the authority of certain governmental entities to receive local sales tax information.
To Committee on Economic Development.
SB 1935 by Watson
Relating to the filing of an action in connection with foreclosure of a lien on residential real property.
To Committee on Business and Commerce.
Tuesday, March 24, 2009 SENATE JOURNAL 689
SB 1936 by Watson
Relating to the ceiling of the unemployment compensation fund.
To Committee on Economic Development.
SB 1937 by Watson
Relating to prohibiting a fee for the conveyance of residential real property, maintaining exemptions.
To Committee on Business and Commerce.
SB 1938 by Watson
Relating to the maintenance of certain interest-bearing accounts by escrow officers and the use of the interest on those accounts.
To Committee on Business and Commerce.
SB 1939 by Van de Putte
Relating to the fund for veterans' assistance.
To Committee on Veteran Affairs and Military Installations.
SB 1940 by Van de Putte
Relating to charitable contributions by state employees to the fund for veterans' assistance.
To Committee on Veteran Affairs and Military Installations.
SB 1941 by Shapiro
Relating to the administration and operation of, and the participation of state employees in, the state's programs for prepaying or saving toward the costs of attending an institution of higher education.
To Committee on Higher Education.
SB 1942 by Shapiro
Relating to performance incentive funding for public institutions of higher education and to recognition of certain student achievement on degree completion.
To Committee on Higher Education.
SB 1943 by West
Relating to state and municipal actions to ensure compliance with fair housing requirements.
To Committee on Intergovernmental Relations.
SB 1944 by West
Relating to a franchise tax credit for charitable contributions made toward certain low-income residential housing programs.
To Committee on Finance.
SB 1945 by West
Relating to the personal liability of, and acceptance of service of citation by, an employee of the owner of real property or of a company that manages real property.
To Committee on Intergovernmental Relations.
690 81st Legislature — Regular Session 26th Day
SB 1946 by West
Relating to business leave time accounts for fire fighter employee organizations in certain municipalities.
To Committee on Intergovernmental Relations.
SB 1947 by West
Relating to the authority of two or more municipalities to designate a joint tax increment financing reinvestment zone.
To Committee on Economic Development.
SB 1948 by Hinojosa
Relating to the supervised reentry into the community of certain inmates nearing their date of discharge from the Texas Department of Criminal Justice.
To Committee on Criminal Justice.
SB 1949 by Hinojosa
Relating to the provision of crime victims' compensation to juvenile offenders who are victims of criminally injurious conduct.
To Committee on Criminal Justice.
SB 1950 by Zaffirini
Relating to disclosures on certain electronic communications that support or oppose a candidate, public officer, or measure.
To Committee on State Affairs.
SB 1951 by Zaffirini
Relating to the penalty for theft of a driver's license, commercial driver's license, or personal identification certificate.
To Committee on Criminal Justice.
SB 1952 by Jackson
Relating to the authorization of certain municipalities and counties to issue public securities for the financing of permanent improvements for use by an institution of higher education.
To Committee on Economic Development.
SB 1953 by Jackson
Relating to authorizing the transfer of certain real property held by the Texas Department of Criminal Justice.
To Committee on Criminal Justice.
SB 1954 by Jackson
Relating to a temporary faculty license for chiropractic faculty.
To Committee on Health and Human Services.
SB 1955 by Hegar, Eltife
Relating to career and technical education in the public schools and high school graduation requirements.
To Committee on Education.
Tuesday, March 24, 2009 SENATE JOURNAL 691
SB 1956 by Davis
Relating to audio recordings of certain grievance proceedings or meetings by school district employees.
To Committee on Education.
SB 1957 by Hinojosa
Relating to the electronic recording of custodial interrogations and certain statements and the admissibility of statements resulting from those interrogations.
To Committee on Criminal Justice.
SB 1958 by Van de Putte
Relating to including certain veterans service organizations as small businesses for the purpose of state contracting.
To Committee on Government Organization.
SB 1959 by Wentworth
Relating to the allocation of revenue from the state hotel tax for certain purposes in certain municipalities.
To Committee on Economic Development.
SB 1960 by Wentworth
Relating to increased oversight, openness, transparency, and accountability for water supply or sewer service corporations.
To Committee on Natural Resources.
SB 1961 by Lucio
Relating to annexation by and disannexation from certain municipalities.
To Committee on International Relations and Trade.
SB 1962 by Lucio
Relating to a limitation on annexation by certain municipalities.
To Committee on International Relations and Trade.
SB 1963 by Lucio
Relating to a limitation on annexation by certain municipalities.
To Committee on International Relations and Trade.
SB 1964 by Lucio
Relating to procedures required for the continued annexation of certain areas annexed by certain municipalities.
To Committee on International Relations and Trade.
SB 1965 by Harris
Relating to the regulation of retail installment contracts for commercial vehicles.
To Committee on Economic Development.
SB 1966 by Harris
Relating to debt cancellation agreements offered in connection with motor vehicle retail installment contracts.
To Committee on Business and Commerce.
692 81st Legislature — Regular Session 26th Day
SB 1967 by Carona
Relating to the safe operation of motorcycles and other vehicles in this state; providing penalties.
To Committee on Transportation and Homeland Security.
SB 1968 by West
Relating to the creation and operation of higher education enhancement districts.
To Committee on Intergovernmental Relations.
SB 1969 by West
Relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, to conforming codifications enacted by the 80th Legislature to other Acts of that legislature, and to the repeal of certain unconstitutional laws.
To Committee on Administration.
SB 1970 by Duncan
Relating to certain election practices and procedures; providing penalties.
To Committee on State Affairs.
SB 1971 by Carona
Relating to the collection, maintenance, and transfer and other dissemination of criminal history record information and juvenile justice information.
To Committee on Criminal Justice.
SB 1972 by Ellis
Relating to studying the feasibility of mechanisms to decouple certain electric utility revenues from the volume of sales of electricity.
To Committee on Business and Commerce.
SB 1973 by Ellis
Relating to the creation and duties of the state energy savings performance contract advisory council.
To Committee on Government Organization.
SB 1974 by Ellis, Duncan
Relating to the wrongful imprisonment of a person and to procedures for providing compensation for that imprisonment and for exonerating a wrongfully imprisoned person who is deceased.
To Committee on State Affairs.
SB 1975 by Ellis
Relating to normal weekly hours of work under the shared work unemployment compensation program.
To Committee on Economic Development.
SB 1976 by Whitmire
Relating to procedures for applications for writs of habeas corpus based on scientific evidence establishing the innocence of a criminal defendant.
To Committee on Criminal Justice.
Tuesday, March 24, 2009 SENATE JOURNAL 693
SB 1977 by Van de Putte
Relating to the ratio of correctional officers to prisoners in a county jail.
To Committee on Criminal Justice.
SB 1978 by Carona
Relating to requirements regarding employer liability for certain group health benefit plan premiums.
To Committee on State Affairs.
SB 1979 by Nichols
Relating to the creation of the Blaketree Municipal Utility District No. 1 of Montgomery County; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.
To Committee on Intergovernmental Relations.
SB 1980 by Patrick
Relating to the regulation of massage parlors by certain counties; providing penalties.
To Committee on Criminal Justice.
SB 1981 by Patrick
Relating to the proximity of certain sex offenders' residences to a school.
To Committee on Criminal Justice.
SB 1982 by Patrick
Relating to the licensing and regulation of pool-related electrical maintenance technicians and pool-related electrical maintenance contractors.
To Committee on Business and Commerce.
SB 1983 by Uresti
Relating to the regulation of employer-based day-care facilities.
To Committee on Health and Human Services.
SB 1984 by Uresti
Relating to certification of a person as eligible for disabled parking privileges.
To Committee on Transportation and Homeland Security.
SB 1985 by Uresti
Relating to workers' compensation health care reimbursement policies and fee guidelines for certain health care services.
To Committee on State Affairs.
SB 1986 by Estes
Relating to the Gainesville Hospital District.
To Committee on Intergovernmental Relations.
SB 1987 by Estes
Relating to the Electra Hospital District.
To Committee on Intergovernmental Relations.
SB 1988 by Estes, Hegar
Relating to the Texas Rural Investment Fund.
To Committee on Agriculture and Rural Affairs.
694 81st Legislature — Regular Session 26th Day
SB 1989 by Gallegos
Relating to establishment of the Texas Statewide Interoperability Executive Advisory Council.
To Committee on Transportation and Homeland Security.
SB 1990 by Gallegos
Relating to safe patient handling and health care worker injury prevention policies for certain hospitals.
To Committee on Health and Human Services.
SB 1991 by Gallegos
Relating to the right of a public school educator to remove a student from the educator's classroom.
To Committee on Education.
SB 1992 by Gallegos
Relating to the regulation of automotive wrecking and salvage yards in certain counties; providing a civil penalty.
To Committee on Transportation and Homeland Security.
SB 1993 by Gallegos
Relating to the criminal jurisdiction of the supreme court and the abolishment of the court of criminal appeals.
To Committee on Jurisprudence.
SB 1994 by Gallegos
Relating to authorizing the provision of state matching funds to municipalities for hurricane preparation and recovery.
To Subcommittee on Flooding and Evacuations.
SB 1995 by Gallegos
Relating to the adoption of uniform residential building codes by political subdivisions.
To Committee on Intergovernmental Relations.
SB 1996 by Gallegos
Relating to the creation of and sales and use taxes imposed by county assistance districts.
To Committee on Intergovernmental Relations.
SB 1997 by Lucio, Hinojosa
Relating to the designation of Farm-to-Market Road 1015 in Hildalgo County as the Bill Summers International Boulevard.
To Committee on International Relations and Trade.
SB 1998 by Shapiro
Relating to the evaluation of and funding for school district programs for gifted and talented students.
To Committee on Education.
Tuesday, March 24, 2009 SENATE JOURNAL 695
SB 1999 by Lucio
Relating to the eligibility of certain nonprofit wildlife conservation associations to conduct charitable raffles.
To Committee on State Affairs.
SB 2000 by Seliger
Relating to weight limits on a vehicle loaded with certain agricultural products.
To Committee on Transportation and Homeland Security.
SB 2001 by Van de Putte
Relating to the designation of May 9 as Willie Velasquez Day.
To Committee on Administration.
SB 2002 by Van de Putte
Relating to a secondary-level English language learners' program for public school students of limited English proficiency.
To Committee on Education.
SB 2003 by Van de Putte
Relating to public school prekindergarten classes.
To Committee on Education.
SB 2004 by Van de Putte
Relating to a statewide electronic health records bank.
To Committee on Health and Human Services.
SB 2005 by Van de Putte
Relating to the exemption of certain metropolitan rapid transit authorities from motor fuel taxes.
To Committee on Finance.
SB 2006 by Hegar
Relating to groundwater permitting considerations of the adopted water plans.
To Committee on Natural Resources.
SB 2007 by Hegar
Relating to Prairie View A&M University's eligibility to participate in the research development fund.
To Committee on Higher Education.
SB 2008 by Hegar
Relating to consideration of water produced from exempt wells.
To Committee on Natural Resources.
SB 2009 by Jackson
Relating to service and disability retirement benefits and death benefits for rescue specialists.
To Committee on State Affairs.
SB 2010 by Van de Putte
Relating to the Teacher Retirement System of Texas withholding certain nonprofit association dues from the annuity payments of certain members.
To Committee on State Affairs.
696 81st Legislature — Regular Session 26th Day
SB 2011 by Van de Putte
Relating to review of certain license examinations for insurance agents.
To Committee on Business and Commerce.
SB 2012 by Van de Putte
Relating to the designation of May 9 as Willie Velasquez Day.
To Committee on Administration.
SB 2013 by Hinojosa
Relating to interoperable health information technology.
To Committee on Health and Human Services.
SB 2014 by Duncan, Ellis
Relating to compensation of persons wrongfully imprisoned.
To Committee on State Affairs.
SB 2015 by Watson
Relating to certain transit authorities.
To Committee on Transportation and Homeland Security.
SB 2016 by Watson
Relating to the purchase and operation of plug-in hybrid electric motor vehicles, including the establishment of a pilot program by the state energy conservation office.
To Committee on Natural Resources.
SB 2017 by Watson
Relating to a public hearing held by the Texas Transportation Commission in connection with certain highway projects.
To Committee on Transportation and Homeland Security.
SB 2018 by Watson
Relating to neighborhood vehicles and golf carts.
To Committee on Transportation and Homeland Security.
SB 2019 by Watson
Relating to the use of certain refrigerants in motor vehicle air conditioning units.
To Committee on Natural Resources.
SB 2020 by Watson
Relating to incentives for Texas renewable energy jobs and manufacturing.
To Committee on Business and Commerce.
SB 2021 by Watson
Relating to creating the Texas Early Learning Council.
To Committee on Health and Human Services.
SB 2022 by Watson
Relating to creating an account to promote early child-care development.
To Committee on Finance.
SB 2023 by Watson
Relating to the dissolution of certain municipal utility districts that are located in more than one municipality.
To Committee on Intergovernmental Relations.
Tuesday, March 24, 2009 SENATE JOURNAL 697
SB 2024 by Watson
Relating to the maximum allowable premium rate increase for small employer health benefit plans.
To Committee on State Affairs.
SB 2025 by Watson
Relating to the establishment of a prepaid tuition unit reward and incentive program for certain economically disadvantaged students who achieve commended performance levels on standardized assessments.
To Committee on Higher Education.
RESOLUTIONS OF RECOGNITION
The following resolutions were adopted by the Senate:
Memorial Resolution
SRi506iby Shapleigh,iIn memory of Maria Esther Bencomo of El Paso.
Congratulatory Resolutions
SRi504iby Watson,iRecognizing Rotary District 5870 for its participation in Rotary National Literacy Month.
SRi507iby Shapleigh,iCongratulating Luis H. Urrea II for his selection as the 2009 president of the El Paso County Medical Society.
SRi509iby Ogden,iRecognizing the Texas A&M University Department of Oceanography on the occasion of its 60th anniversary.
SRi511iby Davis,iRecognizing the MillerCoors Brewing Company of Fort Worth for receiving the Pro Patria Award from the Texas Committee for Employer Support of the Guard and Reserve.
SRi512iby Davis,iRecognizing the Burlington Northern and Santa Fe Railway Company of Fort Worth for receiving the Prominence Award from the Texas Committee for Employer Support of the Guard and Reserve.
ADJOURNMENT
Pursuant to a previously adopted motion, the Senate at 6:11 p.m. adjourned, in memory of Kristy Michelle Moehrig-Appleby, until 11:00 a.m. tomorrow.
AAAPPENDIXAA
COMMITTEE REPORTS
The following committee reports were received by the Secretary of the Senate in the order listed:
March 24, 2009
AGRICULTURE AND RURAL AFFAIRS — SBi948
ECONOMIC DEVELOPMENT — SBi859, SBi1033, SBi1247
698 81st Legislature — Regular Session 26th Day
BILLS ENGROSSED
March 23, 2009
SBi39, SBi576, SBi584
RESOLUTIONS ENROLLED
March 23, 2009
SRi406, SRi481, SRi497, SRi498, SRi500, SRi503
Tuesday, March 24, 2009 SENATE JOURNAL 699
In Memory
of
Kristy Michelle Moehrig-Appleby
Senate Resolution 502
WHEREAS, The Senate of the State of Texas joins the citizens of Comal and Bexar Counties in mourning the loss of Kristy Michelle Moehrig-Appleby, who died February 10, 2009, at the age of 32; and
WHEREAS, Kristy Michelle Moehrig-Appleby was born June 10, 1976; she grew up in Canyon Lake and graduated from Smithson Valley High School; and
WHEREAS, Kristy was an exemplary citizen, respected in the community for her many accomplishments; she was a valued member of the staff at Bulverde Creek Animal Hospital, where her deep love of animals found enduring expression; and
WHEREAS, A devout Christian who practiced her faith in her daily life, Kristy made a difference in the lives of those she knew with her engaging smile and her gift of laughter; and
WHEREAS, A woman of kindness, warmth, and compassion, she gave unselfishly to others, and her family and friends will always treasure the cherished memories of her life and her many accomplishments; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby extend sincere condolences to the bereaved family of Kristy Michelle Moehrig-Appleby: her mother, Tinker Bonugli; her father, Dennis Moehrig; her sisters, Kayelyn Scofield, Kandace Moehrig, Melissa Moehrig, and Jennifer Moehrig; and her grandparents, Betty Bonugli and Allen and Jeanette Moehrig; and, be it further
RESOLVED, That a copy of this Resolution be prepared for her family as an expression of deepest sympathy from the Texas Senate, and that when the Senate adjourns this day, it do so in memory of Kristy Michelle Moehrig-Appleby.
URESTI
700 81st Legislature — Regular Session 26th Day