SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE — REGULAR SESSION

AUSTIN, TEXAS

PROCEEDINGS

THIRTY-SEVENTH DAY

(Wednesday, April 15, 2009)

The Senate met at 11:05 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, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Seliger, Shapiro, Shapleigh, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

Absent-excused:iiHarris.

The President announced that a quorum of the Senate was present.

The Reverend Adaryll Jordan, Hill Country Bible Church Northwest, Austin, offered the invocation as follows:

Senator Whitmire moved that the reading of the Journal of the proceedings of yesterday be dispensed with and the Journal be approved as printed.

The motion prevailed without objection.

LEAVE OF ABSENCE

On motion of Senator Whitmire, Senator Harris was granted leave of absence for today on account of illness.

CO-AUTHOR OF SENATE BILL 564

On motion of Senator Jackson, Senator Whitmire will be shown as Co-author of SBi564.

CO-AUTHOR OF SENATE BILL 629

On motion of Senator West, Senator Uresti will be shown as Co-author of SBi629.

CO-AUTHORS OF SENATE BILL 955

On motion of Senator Shapiro, Senators Patrick and West will be shown as Co-authors of SBi955.

CO-AUTHOR OF SENATE BILL 961

On motion of Senator Ellis, Senator Seliger will be shown as Co-author of SBi961.

CO-AUTHOR OF SENATE BILL 1053

On motion of Senator Uresti, Senator Zaffirini will be shown as Co-author of SBi1053.

CO-AUTHOR OF SENATE BILL 1057

On motion of Senator Uresti, Senator Zaffirini will be shown as Co-author of SBi1057.

CO-AUTHOR OF SENATE BILL 1152

On motion of Senator Hinojosa, Senator Zaffirini will be shown as Co-author of SBi1152.

CO-AUTHOR OF SENATE BILL 1225

On motion of Senator Huffman, Senator Zaffirini will be shown as Co-author of SBi1225.

CO-AUTHOR OF SENATE BILL 1325

On motion of Senator Nelson, Senator Hinojosa will be shown as Co-author of SBi1325.

CO-AUTHOR OF SENATE BILL 1440

On motion of Senator Watson, Senator Zaffirini will be shown as Co-author of SBi1440.

CO-AUTHOR OF SENATE BILL 1477

On motion of Senator Uresti, Senator Zaffirini will be shown as Co-author of SBi1477.

CO-AUTHORS OF SENATE BILL 1490

On motion of Senator Watson, Senators Shapiro and Zaffirini will be shown as Co-authors of SBi1490.

1016 81st Legislature — Regular Session 37th Day

CO-AUTHOR OF SENATE BILL 1514

On motion of Senator Watson, Senator Zaffirini will be shown as Co-author of SBi1514.

CO-AUTHOR OF SENATE BILL 1715

On motion of Senator West, Senator Van de Putte will be shown as Co-author of SBi1715.

CO-AUTHORS OF SENATE BILL 1854

On motion of Senator West, Senators Ellis and Watson will be shown as Co-authors of SBi1854.

CO-AUTHOR OF SENATE BILL 1940

On motion of Senator Van de Putte, Senator Zaffirini will be shown as Co-author of SBi1940.

CO-AUTHOR OF SENATE BILL 1958

On motion of Senator Van de Putte, Senator Zaffirini will be shown as Co-author of SBi1958.

CO-AUTHOR OF SENATE CONCURRENT RESOLUTION 39

On motion of Senator Hegar, Senator Nelson will be shown as Co-author of SCRi39.

CO-SPONSOR OF HOUSE BILL 873

On motion of Senator Deuell, Senator West will be shown as Co-sponsor of HBi873.

MESSAGE FROM THE GOVERNOR

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

TO THE SENATE OF THE EIGHTY-FIRST LEGISLATURE, REGULAR SESSION:

I ask the advice, consent and confirmation of the Senate with respect to the following appointments:

To be members of the Texas Medical Board for terms to expire April 13, 2015:

David Baucom

(Mr. Baucom is being reappointed)

Patrick J. Crocker

(replacing Larry Price of Belton whose term expired)

Wednesday, April 15, 2009 SENATE JOURNAL 1017

John D. Ellis, Jr.

(replacing Annette Raggette of Austin whose term expired)

Manuel G. Guajardo

(Dr. Guajardo is being reappointed)

Allan N. Shulkin

(Dr. Shulkin is being reappointed)

Wynne McCallie Snoots

(replacing Amanullah Khan of Dallas whose term expired)

Timothy J. Turner

(Mr. Turner is being reappointed)

RESOLUTION SIGNED

The President announced the signing of the following enrolled resolution in the presence of the Senate:iiSCRi56.

PHYSICIAN OF THE DAY

Senator Ogden was recognized and presented Dr. Paul Berg of Georgetown as the Physician of the Day.

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

PERMISSION TO INTRODUCE BILL AND RESOLUTION

On motion of Senator Whitmire and by unanimous consent, Senate Rule 7.07(b) was suspended to permit the introduction of the following bill and resolution:iiSBi2523, SCRi59.

SENATE RESOLUTION 625

Senator Shapiro offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize Colt McCoy for his many achievements in the classroom and on the football field; and

WHEREAS, Fifth-year senior quarterback of The University of Texas Longhorns football team, Colt McCoy has set a high standard of excellence in his life and his athletic career; he was born into a family with a strong athletic legacy; his father, Brad, played safety for the Abilene Christian University football team, and his mother, Debra, was a shooting guard in basketball; and

1018 81st Legislature — Regular Session 37th Day

WHEREAS, Coached by his father in high school, Colt set numerous records on the football field while excelling in the classroom as well; he graduated as the leading passer in Texas Class 2A history, and he was a three-year member of the National Honor Society; and

WHEREAS, As quarterback of the Longhorns, Colt has set the standard for success; he holds the all-time record for victories by a Longhorn quarterback with 32 and is the school's leader in pass attempts and completions, touchdown passes, passing yards, and completion percentage; he also holds the National Collegiate Athletic Association single-season record for completion percentage; and

WHEREAS, Colt is active in community affairs; his volunteer work has included regularly visiting patients at the Austin Children's Hospital, tutoring underprivileged children, visiting nursing homes, and participating in many other charitable activities; he is truly deserving of recognition for the example he sets for others; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby commend Colt McCoy for his many contributions to his team and community; and, be it further

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

SHAPIRO	SELIGER
CARONA	SHAPLEIGH
ELLIS	VANiDEiPUTTE
ELTIFE	ZAFFIRINI
FRASER

SR 625 was read and was adopted without objection.

GUESTS PRESENTED

Senator Shapiro was recognized and introduced to the Senate Colt McCoy, student at The University of Texas at Austin and quarterback for the Texas Longhorns football team, and William Powers, Jr., President, The University of Texas at Austin.

The Senate welcomed its guests.

SENATE RESOLUTION 572

Senator Jackson offered the following resolution:

WHEREAS, In recognition of his stellar career as a defensive back with the Kansas City Chiefs, Angleton native Emmitt Earl Fyles Thomas was inducted into the Pro Football Hall of Fame in 2008; and

WHEREAS, This self-described "country boy from Angleton" lost his mother at the age of eight and was raised by his grandparents, Virginia Fyles and Lewis Fyles,iSr.; Mr. Fyles taught young Emmitt important values such as honor, commitment, faith, hard work, and respect for others; Mr. Thomas paid tribute to his beloved grandfather by adding "Fyles" to his name for his Hall of Fame induction; and

WHEREAS, After playing football at Bishop College in Dallas, Mr. Thomas joined the Chiefs as an undrafted free agent in 1966; he went on to enjoy a 13-year playing career, earning Pro Bowl recognition on five occasions and helping lead his

Wednesday, April 15, 2009 SENATE JOURNAL 1019

team to two Super Bowl appearances, including a victory in Super Bowl IV; his 12 interceptions in 1974 were just two shy of a National Football League record, and his career total of 58 interceptions still stands as a Kansas City record; and

WHEREAS, Mr. Thomas is highly respected for his intellectual approach to the game of football, and he has used his extensive knowledge of the sport in a successful coaching career that has spanned 27 seasons and included positions with the Saint Louis Cardinals, Washington Redskins, Philadelphia Eagles, Green Bay Packers, and Minnesota Vikings; he currently serves as the assistant head coach of the Atlanta Falcons; and

WHEREAS, Emmitt Thomas played football with tremendous heart and integrity; his passion for the game and the lifelong lessons it teaches have enabled him to reach the pinnacle of his profession, and his admirable achievements have brought great honor to his family, to his teams, to his hometown, and to the Lone Star State; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby congratulate Emmitt Earl Fyles Thomas on his induction into the Pro Football Hall of Fame; and, be it further

RESOLVED, That a copy of this Resolution be prepared for Mr. Thomas as an expression of high regard from the Texas Senate.

SR 572 was again read.

The resolution was previously adopted on Monday, April 6, 2009.

GUESTS PRESENTED

Senator Jackson was recognized and introduced to the Senate Emmitt Earl Fyles Thomas, Pro Football Hall of Famer; his daughter, Dedra Thomas; his sisters, Virginia Turner and Barbara Thomas; and his uncle, Andrew Fyles, Sr.

The Senate welcomed its guests.

SENATE RESOLUTION 615

Senator Uresti offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to join the citizens of Winkler County and Texans across the state in celebrating Winkler County Day at the State Capitol; and

WHEREAS, Established in 1887 from territory in Tom Green County, Winkler County is named for Clinton M. Winkler, a Confederate colonel; the county was officially organized on April 5, 1910, with Kermit chosen as the county seat; and

WHEREAS, Originally populated by the Anasazi Indians, Winkler County was later home to the Apache and Comanche Indian tribes drawn by the ready availability of water; the first military expeditions entered the area in the mid-19th century under the command of Captain Randolph Marcy, who was searching for the best route to California; and

WHEREAS, Winkler County experienced its first boom when the Texas Legislature enacted a law allowing the sale of state school lands in West Texas; the discovery of oil in the 1920s at the Hendrick Number 1 site set off a second expansion of the population, and the town of Wink was established at this time; and

1020 81st Legislature — Regular Session 37th Day

WHEREAS, Today, Winkler County remains a center for oil production, as well as a hub for ranching; its people are rightly proud of their impact on our state and their involvement in its rich history; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby commend the citizens of Winkler County for their many contributions to our state and extend to them best wishes for a memorable Winkler County Day at the State Capitol; and, be it further

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

SR 615 was read and was adopted without objection.

GUESTS PRESENTED

Senator Uresti was recognized and introduced to the Senate Kermit City Manager Sam Watson and Kermit Aldermen Jerry Phillips, Betsy Natividad, and Estella Alarcon.

The Senate welcomed its guests.

SENATE RESOLUTION 382

Senator Ogden offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to join the citizens of Houston County and citizens across the state in celebrating April 15, 2009, as Crockett Area Chamber of Commerce Legislative Day at the State Capitol; and

WHEREAS, The county seat of Houston County, Crockett has played an important role in the history of our state; named for legendary Alamo defender David Crockett, it offers many reminders of Texas' colorful past, including the Rice Log Cabin, the Monroe-Crook House, and Mission Tejas State Park; and

WHEREAS, Crockett has become a hub for musical talent, with the World Championship Fiddler's Festival, Bluegrass Festival, and Gospel Festival providing venues for musicians from around the world; other outstanding musical attractions are the Dennis Ivey Opry Show, the Piney Woods Fine Arts Association, and Camp Street and the Gillette Brothers; and

WHEREAS, The Crockett Area Chamber of Commerce works hard to advance the civic, commercial, and industrial interests of Houston County, and it encourages its members to participate fully in the life of the area; it is truly deserving of recognition for its devotion to the growth and prosperity of the area; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby commend the Crockett Area Chamber of Commerce on its leadership and dedication to finding solutions for business issues and extend to its delegation a sincere welcome to Austin for Crockett Area Chamber of Commerce Legislative Day at the State Capitol; and, be it further

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

SR 382 was read and was adopted without objection.

Wednesday, April 15, 2009 SENATE JOURNAL 1021

SENATE RESOLUTION 623

Senator Uresti offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to welcome the citizens of Reeves County who have come to Austin to visit with legislators and celebrate Reeves County Day at the State Capitol on April 15, 2009; and

WHEREAS, Reeves County lies in the Trans-Pecos region of the state and consists of 2,626 square miles of terrain that ranges from rolling plains in the northern part to mountainous areas in the extreme southern part; its earliest known inhabitants lived in rock shelters and caves around the edge of the Barrilla Hills and in camps near lakes and springs; and

WHEREAS, Settlers of Mexican descent have long farmed in the county's Madera Valley; white settlers were attracted to open range ranching in the last part of the 19th century; the county is named for former state legislator and Confederate Army Colonel George R. Reeves; Pecos is the seat of government; and

WHEREAS, By 1881, the Texas and Pacific Railway had built tracks through the county; primary occupations have been farming and ranching, but the discovery of natural gas in the 1950s also contributed to the economy; the oil industry has declined since the oil boom of the 1980s, but the oil industry remains a large part of the economy; and

WHEREAS, Reeves County is noted for its West of the Pecos Museum in Pecos and for the Balmorhea State Recreation Area and Lake; its residents and visitors alike enjoy the county's many festivals and events held throughout the year, including Rodeo Week and the cantaloupe festival; and

WHEREAS, Reeves County Day is an excellent opportunity for the legislature to pay tribute to the unique history and qualities of Reeves County and the many contributions it has made to the history and development of the state; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby extend a warm welcome to the representatives of Reeves County and best wishes for an enjoyable Reeves County Day at the State Capitol; and, be it further

RESOLVED, That a copy of this Resolution be prepared as an expression of highest regard from the Texas Senate.

(Senator West in Chair)

SR 623 was read and was adopted without objection.

GUESTS PRESENTED

Senator Uresti was recognized and introduced to the Senate Reeves County Commissioner, Precinct 2, Gabriel Martinez; Commissioner, Precinct 4, Ramiro Guerra; Commissioner, Precinct 3, Saul Herrera; Reeves County Judge Sam Contreras; and Pecos Mayor Richard Alligood.

The Senate welcomed its guests.

1022 81st Legislature — Regular Session 37th Day

SENATE RESOLUTION 624

Senator Uresti offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to join the citizens of Ward County and Texans across the state in celebrating April 15, 2009, as Ward County Day at the State Capitol; and

WHEREAS, Created by the Texas Legislature in 1887 from territory belonging to Tom Green County, Ward County has played an important role in our state's history; from the days of the Apache and Comanche tribes through the oil boom of the 1920s through its time as a final stop for American servicemen on their way to World War II battlefields, it has contributed greatly to our growth and legacy; and

WHEREAS, Ward County enjoyed a period of great agricultural production at the beginning of the 20th century, including the development of a new strain of alfalfa known as Barstow Common, which is still being planted today; grapes from Ward County won first prize at the 1904 World's Fair in Saint Louis; and

WHEREAS, The oil boom of the 1920s brought prosperity when the Hendrick oilfield was discovered; through the years, more than 668 million barrels have been produced in the county, and today, the Million Barrel Museum memorializes the history of Ward County at the site of a huge oil storage tank built in 1928; and

WHEREAS, The citizens of Ward County are justifiably proud of its illustrious history and of their many contributions to our state's progress and growth; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby commend the citizens of Ward County on their many contributions to our state and extend to them best wishes for a memorable Ward County Day at the State Capitol; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the citizens of Ward County in honor of this special day.

SR 624 was read and was adopted without objection.

GUESTS PRESENTED

Senator Uresti was recognized and introduced to the Senate representatives of Ward County: Auditor Ellen Friar, County Judge Greg Holly, Commissioners Larry Hanna and Julian Florez, and County Clerk Natrell Cain.

The Senate welcomed its guests.

SENATE RESOLUTION 633

Senator Gallegos offered the following resolution:

SRi633, In memory of Damion Jon Hobbs.

The resolution was read.

On motion of Senator Whitmire and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.

On motion of Senator Gallegos, the resolution was adopted by a rising vote of the Senate.

In honor of the memory of Damion Jon Hobbs, the text of the resolution is printed at the end of today's Senate Journal.

Wednesday, April 15, 2009 SENATE JOURNAL 1023

SENATE RESOLUTION 634

Senator Gallegos offered the following resolution:

SRi634, In memory of James Arthur Harlow, Sr., of Pasadena.

The resolution was read.

On motion of Senator Whitmire and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.

On motion of Senator Gallegos, the resolution was adopted by a rising vote of the Senate.

In honor of the memory of James Arthur Harlow, Sr., the text of the resolution is printed at the end of today's Senate Journal.

RECESS

On motion of Senator Whitmire, the Senate at 12:03 p.m. recessed until 12:30ip.m. today.

AFTER RECESS

The Senate met at 12:37 p.m. and was called to order by Senator Eltife.

SENATE BILLS AND RESOLUTION ON FIRST READING

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

SB 2522 by Gallegos

Relating to the board of directors of the Greater East End Management District.

To Committee on Intergovernmental Relations.

SB 2523 by Williams

Relating to the possession and consumption of wine on the premise of a mixed beverage or private club permittee, providing for separate statement of the mixed beverage tax.

To Committee on Administration.

SB 2524 by Williams

Relating to the creation of the Liberty County Municipal Utility District No. 6; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

To Committee on Intergovernmental Relations.

SB 2525 by Deuell

Relating to the creation of the Kaufman County Parks Improvement District; providing authority to impose a tax and issue bonds; providing penalties.

To Committee on Intergovernmental Relations.

SB 2526 by Watson

Relating to the creation of the Travis and Burnet Counties Improvement District No. 1; providing authority to impose an assessment, impose a tax, and issue bonds.

To Committee on Intergovernmental Relations.

1024 81st Legislature — Regular Session 37th Day

SCR 59 by Jackson

Granting MBP Corp. permission to sue the Board of Trustees of the Galveston Wharves.

To Committee on Jurisprudence.

HOUSE BILLS AND RESOLUTION ON FIRST READING

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

HB 328 to Committee on Agriculture and Rural Affairs.

HB 401 to Committee on State Affairs.

HB 651 to Committee on Business and Commerce.

HB 652 to Committee on Business and Commerce.

HB 1213 to Committee on Natural Resources.

HB 1232 to Committee on Health and Human Services.

HB 1282 to Committee on Criminal Justice.

HB 1300 to Committee on Intergovernmental Relations.

HB 1363 to Committee on Health and Human Services.

HB 1382 to Committee on Business and Commerce.

HB 1406 to Committee on Business and Commerce.

HB 1484 to Committee on Business and Commerce.

HB 1580 to Committee on Government Organization.

HB 1622 to Committee on Health and Human Services.

HB 1672 to Committee on Health and Human Services.

HB 1786 to Committee on Natural Resources.

HB 1908 to Committee on Agriculture and Rural Affairs.

HB 1974 to Committee on Business and Commerce.

HB 2030 to Committee on Health and Human Services.

HB 2058 to Committee on Jurisprudence.

HB 2064 to Committee on State Affairs.

HB 2073 to Committee on Natural Resources.

HB 2101 to Committee on State Affairs.

HB 2104 to Committee on Business and Commerce.

HB 2238 to Committee on Business and Commerce.

HB 2310 to Committee on Business and Commerce.

HB 2457 to Committee on Natural Resources.

HB 2666 to Committee on Natural Resources.

HB 2763 to Committee on Education.

HJR 29 to Committee on State Affairs.

SENATE BILL 297 WITH HOUSE AMENDMENTS

Senator Van de Putte called SBi297 from the President's table for consideration of the House amendments to the bill.

Wednesday, April 15, 2009 SENATE JOURNAL 1025

The Presiding Officer laid the bill and the House amendments before the Senate.

Floor Amendment No. 1

Amend SBi297 by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____.iiSection 54.203, Education Code, is amended by adding Subsection (b-2) to read as follows:

(b-2)iiThe governing board of an institution of higher education shall exempt from the payment of resident tuition at the institution a dependent child, including a stepchild, of a member of the Armed Forces of the United States who is a resident of this state or is entitled to pay resident tuition under this subchapter, for any semester or other academic term during which the member of the armed forces is deployed on active duty for the purpose of engaging in a combative military operation outside the United States.

SECTION ____.iiSection 54.203(b-2), Education Code, as added by this Act, applies beginning with tuition charged for the 2009 fall semester. Tuition charged for an academic period before that semester are covered by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

Floor Amendment No. 2

Amend Floor Amendment No. 1 to SBi297 after the period on page 1, line 14, by adding the following:

In its appropriations to institutions of higher education, the legislature shall provide sufficient funds to cover the full costs of the exemptions provided by this subsection.

The amendments were read.

Senator VanideiPutte moved that the Senate do not concur in the House amendments, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.

The motion prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on SBi297 before appointment.

There were no motions offered.

The Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators VanideiPutte, Chair; Ogden, Zaffirini, Duncan, and Patrick.

CONCLUSION OF MORNING CALL

The Presiding Officer, Senator Eltife in Chair, at 12:42ip.m. announced the conclusion of morning call.

COMMITTEEiiSUBSTITUTE
SENATE JOINT RESOLUTION 52 ON SECOND READING

Senator Davis moved to suspend the regular order of business to take up for consideration CSSJRi52 at this time on its second reading:

1026 81st Legislature — Regular Session 37th Day

CSSJRi52, Proposing a constitutional amendment authorizing the legislature by general law to permit counties to assess and collect a local motor fuels tax and an additional vehicle registration fee to be used for mobility improvement projects.

The motion prevailed by the following vote:iiYeasi21, Naysi9.

Yeas:iiAveritt, Carona, Davis, Deuell, Ellis, Eltife, Gallegos, Hinojosa, Lucio, Nichols, Seliger, Shapiro, Shapleigh, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

Nays:iiDuncan, Estes, Fraser, Hegar, Huffman, Jackson, Nelson, Ogden, Patrick.

Absent-excused:iiHarris.

The resolution was read second time and was passed to engrossment by the following vote:iiYeasi21, Naysi9. (Same as previous roll call)

COMMITTEEiiSUBSTITUTE
SENATE BILL 956 ON SECOND READING

Senator West moved to suspend the regular order of business to take up for consideration CSSBi956 at this time on its second reading:

CSSB 956, Relating to the establishment of a law school in the city of Dallas by the University of North Texas System.

The motion prevailed.

Senator Seliger asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time.

Senator West offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 956 (Senate committee report) as follows:

(1)iiIn SECTION 1 of the bill, in added Section 105.001(4), Education Code (page 1, line 21), strike "University of North Texas College of Law" and substitute "University of North Texas at Dallas College of Law".

(2)iiIn SECTION 2 of the bill, in added Section 105.151(c-1), Education Code (page 1, lines 25-27), strike "University of North Texas College of Law" in each place it appears and substitute "University of North Texas at Dallas College of Law".

(3)iiIn SECTION 4 of the bill (page 2, line 2), strike "University of North Texas College of Law" and substitute "University of North Texas at Dallas College of Law".

The amendment to CSSB 956 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. 1 except as follows:

Nays:iiSeliger.

Absent-excused:iiHarris.

Wednesday, April 15, 2009 SENATE JOURNAL 1027

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 956 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill appropriately:

SECTION ____.iiThis Act does not make a appropriation. This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 81st Legislature.

The amendment to CSSB 956 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. 2 except as follows:

Nays:iiSeliger.

Absent-excused:iiHarris.

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

CSSB 956 as amended was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Nays:iiSeliger.

Absent-excused:iiHarris.

COMMITTEEiiSUBSTITUTE
SENATE BILL 956 ON THIRD READING

Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi956 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi28, Naysi2.

Yeas:iiAveritt, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Shapiro, Shapleigh, Uresti, Van de Putte, Watson, West, Whitmire, Williams, Zaffirini.

Nays:iiSeliger, Wentworth.

Absent-excused:iiHarris.

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 CSSBi956, 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

1028 81st Legislature — Regular Session 37th Day

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 CSSBi956 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.

The bill was read third time and was passed by the following vote:iiYeasi29, Naysi1.

Nays:iiSeliger.

Absent-excused:iiHarris.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 15, 2009

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

I am directed by the House to inform the Senate that the House has taken the following action:

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HCR 88, Directing the Texas Department of State Health Services and the Texas Education Agency to educate parents of adolescent Texans regarding the importance of adolescents' receiving regular physical exams and updated immunizations.

HCR 125, Urging the U.S. Congress to increase COPS grants for smaller communities and less populated counties in the South Texas High Intensity Drug Trafficking Area.

SB 731, Relating to the sale of certain alcoholic beverages to private club registration permit holders.

SENATE BILL 75 ON SECOND READING

On motion of Senator Nelson and by unanimous consent, the regular order of business was suspended to take up for consideration SB 75 at this time on its second reading:

Wednesday, April 15, 2009 SENATE JOURNAL 1029

SB 75, Relating to the establishment of a disaster and emergency education program.

The bill was read second time.

Senator Williams offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 75 in SECTION 1 of the bill, in proposed Subsection (a), Section 418.186, Government Code (Senate committee printing, page 1, line 16), between the period and "The program must", by inserting the following:

Before establishing the program, the department must collaborate with local authorities to prevent state efforts that are duplicative of local efforts.

The amendment to SBi75 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.i1 except as follows:

Absent-excused:iiHarris.

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 2

Amend SBi75 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill appropriately:

SECTIONi____.iiThis Act does not make an appropriation. A provision in this Act that creates a new governmental program, creates a new entitlement, or imposes a new duty on a governmental entity is not mandatory during a fiscal period for which the legislature has not made a specific appropriation to implement the provision.

The amendment to SBi75 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.i2 except as follows:

Absent-excused:iiHarris.

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

SB 75 as amended was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Absent-excused:iiHarris.

SENATE BILL 75 ON THIRD READING

Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi75 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi1.

Nays:iiWentworth.

Absent-excused:iiHarris.

1030 81st Legislature — Regular Session 37th Day

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 SBi75, 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 SBi75 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.

The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiHarris.

SENATE RULE 7.12(a) SUSPENDED

(Printing of Bills)

On motion of Senator Williams and by unanimous consent, Senate Rule 7.12(a) was suspended and the committee reports were ordered not printed for the following bills:iiSBi1540, SBi1969, SBi2071.

COMMITTEEiiSUBSTITUTE
SENATE BILL 1325 ON SECOND READING

On motion of Senator Nelson and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi1325 at this time on its second reading:

CSSB 1325, Relating to the creation of a mental health intervention program for military veterans.

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 except as follows:

Absent-excused:iiHarris.

Wednesday, April 15, 2009 SENATE JOURNAL 1031

COMMITTEEiiSUBSTITUTE
SENATE BILL 1325 ON THIRD READING

Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi1325 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi1.

Nays:iiWentworth.

Absent-excused:iiHarris.

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 CSSBi1325, 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 CSSBi1325 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.

The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiHarris.

SENATE BILL 1049 ON SECOND READING

Senator Uresti moved to suspend the regular order of business to take up for consideration SBi1049 at this time on its second reading:

SB 1049, Relating to the distribution, possession, purchase, consumption, and receipt of tobacco products; providing penalties.

The motion prevailed by the following vote:iiYeasi22, Naysi8.

Yeas:iiAveritt, Carona, Davis, Deuell, Ellis, Fraser, Gallegos, Hegar, Hinojosa, Huffman, Lucio, Nelson, Nichols, Shapiro, Shapleigh, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Zaffirini.

Nays:iiDuncan, Eltife, Estes, Jackson, Ogden, Patrick, Seliger, Williams.

Absent-excused:iiHarris.

1032 81st Legislature — Regular Session 37th Day

The bill was read second time and was passed to engrossment by the following vote:iiYeasi22, Naysi8. (Same as previous roll call)

SENATE BILL 955 ON SECOND READING

On motion of Senator Shapiro and by unanimous consent, the regular order of business was suspended to take up for consideration SB 955 at this time on its second reading:

SB 955, Relating to the state virtual school network.

The bill was read second time.

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 1

Amend SBi955 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill appropriately:

SECTION ____.iiThis Act does not make an appropriation. This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 81st Legislature.

The amendment to SB 955 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. 1 except as follows:

Absent-excused:iiHarris.

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

SB 955 as amended was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Absent-excused:iiHarris.

SENATE BILL 955 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 SBi955 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi1.

Nays:iiWentworth.

Absent-excused:iiHarris.

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 SBi955, because in my judgment no circumstance exists in this case to justify the

Wednesday, April 15, 2009 SENATE JOURNAL 1033

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 SBi955 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.

The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiHarris.

SENATE BILL 337 ON SECOND READING

On motion of Senator Deuell and by unanimous consent, the regular order of business was suspended to take up for consideration SBi337 at this time on its second reading:

SB 337, Relating to the designation of a segment of Interstate Highway 30 in Hunt County as the Martin Luther King, Jr., Freeway.

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 except as follows:

Absent-excused:iiHarris.

SENATE BILL 337 ON THIRD READING

Senator Deuell moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi337 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi1.

Nays:iiWentworth.

Absent-excused:iiHarris.

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 SBi337, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The

1034 81st Legislature — Regular Session 37th Day

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 SBi337 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.

The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiHarris.

SENATE BILL 985 ON SECOND READING

On motion of Senator Davis and by unanimous consent, the regular order of business was suspended to take up for consideration SBi985 at this time on its second reading:

SB 985, Relating to the lodging expenses of certain state emergency services personnel.

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 except as follows:

Absent-excused:iiHarris.

SENATE BILL 985 ON THIRD READING

Senator Davis moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi985 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi1.

Nays:iiWentworth.

Absent-excused:iiHarris.

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 SBi985, 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

Wednesday, April 15, 2009 SENATE JOURNAL 1035

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 SBi985 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.

The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiHarris.

SENATE BILL 1211 ON SECOND READING

On motion of Senator Fraser and by unanimous consent, the regular order of business was suspended to take up for consideration SBi1211 at this time on its second reading:

SB 1211, Relating to the liability of a volunteer audiologist, assistant in audiology, speech-language pathologist, or assistant in speech-language pathology.

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 except as follows:

Absent-excused:iiHarris.

SENATE BILL 1211 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 SBi1211 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi1.

Nays:iiWentworth.

Absent-excused:iiHarris.

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 SBi1211, 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

1036 81st Legislature — Regular Session 37th Day

already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on SBi1211 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.

The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiHarris.

COMMITTEEiiSUBSTITUTE
SENATE BILL 67 ON SECOND READING

On motion of Senator Nelson and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 67 at this time on its second reading:

CSSB 67, Relating to the imposition of background and criminal history check requirements for operators and employees of certain facilities and agencies serving children, the elderly, or persons who are disabled; providing criminal penalties.

The bill was read second time.

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSBi67 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill appropriately:

The amendment to CSSB 67 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.i1 except as follows:

Absent-excused:iiHarris.

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

CSSB 67 as amended was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Absent-excused:iiHarris.

Wednesday, April 15, 2009 SENATE JOURNAL 1037

COMMITTEEiiSUBSTITUTE
SENATE BILL 67 ON THIRD READING

Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi67 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi1.

Nays:iiWentworth.

Absent-excused:iiHarris.

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 CSSBi67, 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 CSSBi67 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.

The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiHarris.

SENATE BILL 817 ON SECOND READING

Senator Shapleigh moved to suspend the regular order of business to take up for consideration SBi817 at this time on its second reading:

SB 817, Relating to funding of the Communities In Schools program.

The motion prevailed.

Senators Nichols and Williams asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time.

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 817 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill appropriately:

1038 81st Legislature — Regular Session 37th Day

The amendment to SB 817 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. 1 except as follows:

Absent-excused:iiHarris.

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

SB 817 as amended was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Nays:iiNichols, Williams.

Absent-excused:iiHarris.

SENATE BILL 817 ON THIRD READING

Senator Shapleigh moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi817 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi27, Naysi3.

Yeas:iiAveritt, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Ogden, Patrick, Seliger, Shapiro, Shapleigh, Uresti, VanideiPutte, Watson, West, Whitmire, Zaffirini.

Nays:iiNichols, Wentworth, Williams.

Absent-excused:iiHarris.

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 SBi817, 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 SBi817 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.

Wednesday, April 15, 2009 SENATE JOURNAL 1039

The bill was read third time and was passed by the following vote:iiYeasi28, Naysi2.

Nays:iiNichols, Williams.

Absent-excused:iiHarris.

SENATE BILL 1175 ON SECOND READING

Senator Patrick moved to suspend the regular order of business to take up for consideration SBi1175 at this time on its second reading:

SB 1175, Relating to the prosecution of the offense of failure to identify.

The motion prevailed by the following vote:iiYeasi21, Naysi9.

Yeas:iiAveritt, Carona, Deuell, Duncan, Eltife, Estes, Fraser, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Seliger, Shapiro, Wentworth, Whitmire, Zaffirini.

Nays:iiDavis, Ellis, Gallegos, Shapleigh, Uresti, VanideiPutte, Watson, West, Williams.

Absent-excused:iiHarris.

The bill was read second time.

Senator Hinojosa offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 1175 (Senate committee printing) as follows:

(1)iiStrike the recital to SECTION 1 of the bill (page 1, lines 10 and 11) and substitute the following:

SECTIONi1.iiSectioni38.02, Penal Code, is amended by amending Subsection (a) and adding Subsection (f) to read as follows:

(2)iiIn SECTION 1 of the bill, immediately following amended Section 38.02(a), Penal Code (page 1, between lines 17 and 18), insert the following:

(f)iiFor purposes of this section, an arrest or detention of a person by a peace officer is lawful only if a reasonable peace officer would have arrested or detained the person under the same circumstances under which the actor was arrested or detained.

The amendment to SB 1175 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. 1 except as follows:

Absent-excused:iiHarris.

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

SB 1175 as amended was passed to engrossment by a viva voce vote.

1040 81st Legislature — Regular Session 37th Day

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Nays:iiDavis, Ellis, Gallegos, Shapleigh, Uresti, VanideiPutte, Watson, West, Williams.

Absent-excused:iiHarris.

(Senator West in Chair)

SENATE BILL 1049 ON THIRD READING

Senator Uresti moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi1049 be placed on its third reading and final passage:

SBi1049, Relating to the distribution, possession, purchase, consumption, and receipt of tobacco products; providing penalties.

The motion prevailed by the following vote:iiYeasi24, Naysi6.

Yeas:iiAveritt, Carona, Davis, Deuell, Ellis, Fraser, Gallegos, Hegar, Hinojosa, Huffman, Lucio, Nelson, Nichols, Patrick, Seliger, Shapiro, Shapleigh, Uresti, VanideiPutte, Watson, West, Whitmire, Williams, Zaffirini.

Nays:iiDuncan, Eltife, Estes, Jackson, Ogden, Wentworth.

Absent-excused:iiHarris.

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 SBi1049, 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 SBi1049 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.

The bill was read third time and was passed by the following vote:iiYeasi25, Naysi5.

Wednesday, April 15, 2009 SENATE JOURNAL 1041

Nays:iiDuncan, Eltife, Estes, Jackson, Ogden.

Absent-excused:iiHarris.

SENATE BILL 1362 ON SECOND READING

On motion of Senator Shapiro and by unanimous consent, the regular order of business was suspended to take up for consideration SB 1362 at this time on its second reading:

SB 1362, Relating to a Texas Youth Commission comprehensive plan to improve student reading skills and behavior.

The bill was read second time.

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 1362 (committee printing) as follows:

(1)iiIn SECTION 1 of the bill, between proposed Sections 30.106(d) and (e), Education Code (page 2, between lines 46 and 47), insert the following:

(e)iiA student in a Texas Youth Commission educational program may not be released on parole from the commission unless the student participates, to the extent required by commission rule, in the positive behavior support system under Subsection (c). A student in a commission educational program who exhibits deficits in reading on the assessments adopted under Subsection (b)(1) must also participate in reading instruction to the extent required by this section and by commission rule before the student may be released on parole.

(2)iiIn SECTION 1 of the bill, in proposed Section 30.106(e), Education Code (page 2, line 47), strike "(e)" and substitute "(f)".

(3)iiIn SECTION 1 of the bill, in proposed Section 30.106(f), Education Code (page 2, line 53), strike "(f)" and substitute "(g)".

(4)iiIn SECTION 1 of the bill, in proposed Section 30.106(g), Education Code (page 2, line 57), strike "(g) Subsections (e) and (f)" and substitute "(h) Subsections (f) and (g)".

(5)iiBetween SECTIONS 2 and 3 of the bill (page 2, between lines 66 and 67), insert the following new SECTION and renumber the subsequent SECTION of the bill accordingly:

SECTIONi3.iiSection 30.106(e), Education Code, as added by this Act, applies to release on parole from the Texas Youth Commission beginning September 1, 2010.

The amendment to SB 1362 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. 1 except as follows:

Absent-excused:iiHarris.

1042 81st Legislature — Regular Session 37th Day

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 2

Amend SB 1362 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill appropriately:

The amendment to SB 1362 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.i2 except as follows:

Absent-excused:iiHarris.

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

SB 1362 as amended was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Absent-excused:iiHarris.

SENATE BILL 1362 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 SBi1362 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi1.

Nays:iiWentworth.

Absent-excused:iiHarris.

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 SBi1362, 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 SBi1362 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.

Wednesday, April 15, 2009 SENATE JOURNAL 1043

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.

The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiHarris.

SENATE BILL 1175 ON THIRD READING

Senator Patrick moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi1175 be placed on its third reading and final passage:

SB 1175, Relating to the prosecution of the offense of failure to identify.

The motion prevailed by the following vote:iiYeasi24, Naysi6.

Yeas:iiAveritt, Carona, Deuell, Duncan, Eltife, Estes, Fraser, Gallegos, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Seliger, Shapiro, Uresti, West, Whitmire, Williams, Zaffirini.

Nays:iiDavis, Ellis, Shapleigh, VanideiPutte, Watson, Wentworth.

Absent-excused:iiHarris.

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 SBi1175, 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 SBi1175 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.

The bill was read third time and was passed by the following vote:iiYeasi22, Naysi8.

1044 81st Legislature — Regular Session 37th Day

Yeas:iiAveritt, Carona, Deuell, Duncan, Eltife, Estes, Fraser, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Seliger, Shapiro, Wentworth, Whitmire, Williams, Zaffirini.

Nays:iiDavis, Ellis, Gallegos, Shapleigh, Uresti, VanideiPutte, Watson, West.

Absent-excused:iiHarris.

SENATE BILL 1821 ON SECOND READING

On motion of Senator Fraser and by unanimous consent, the regular order of business was suspended to take up for consideration SB 1821 at this time on its second reading:

SB 1821, Relating to a study with regard to, and the implementation of policies to promote, the adoption of plug-in hybrid electric vehicles.

The bill was read second time.

Senator Watson offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 1821 (committee printing) on page 1, line 55 by adding the following subsections:

(e)iiThe commission shall develop a pilot project, in consultation with local electric utilities or private contractors, for the establishment and operation of charging stations for plug-in hybrid electric motor vehicles in state-owned parking lots and garages, including lots and garages in the Capitol Complex, as defined by Section 411.061, Government Code.

(f)iiThe pilot project must also include:

(1)iidemonstrations on the use of charging stations for plug-in hybrid electric motor vehicles in the Capitol Complex;

(2)iithe solicitation of demonstrations of plug-in hybrid electric motor vehicles, including pickup trucks, delivery vehicles, and buses, for use in the state vehicle fleet; and

(3)iifacilitation of the use of ride-sharing or car-pooling programs that use plug-in hybrid electric motor vehicles and are sponsored or promoted by local governments.

(g)iiThe commission may solicit and accept grants, gifts, and donations from any public or private source for the purposes of this section.

The amendment to SB 1821 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. 1 except as follows:

Absent-excused:iiHarris.

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

SB 1821 as amended was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Absent-excused:iiHarris.

Wednesday, April 15, 2009 SENATE JOURNAL 1045

SENATE BILL 1821 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 SBi1821 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi1.

Nays:iiWentworth.

Absent-excused:iiHarris.

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 SBi1821, 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 SBi1821 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.

The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiHarris.

(President in Chair)

COMMITTEEiiSUBSTITUTE
SENATE BILL 1254 ON SECOND READING

On motion of Senator Seliger and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1254 at this time on its second reading:

CSSB 1254, Relating to general law limits on the eminent domain power of certain water and other special purpose districts.

The bill was read second time.

1046 81st Legislature — Regular Session 37th Day

Senator Seliger offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1254 (Senate committee printing) by striking all below the enacting clause and substituting the following:

SECTIONi1.iiSection 53.001, Water Code, is amended by adding Subdivision (4) to read as follows:

(4)ii"Commission" means the Texas Commission on Environmental Quality.

SECTIONi2.iiSection 53.101, Water Code, is amended to read as follows:

Sec.i53.101.iiPURPOSE OF DISTRICT. Fresh water supply districts may be created to conserve, transport, and distribute fresh water in or to the district from any sources for domestic and commercial purposes.

SECTIONi3.iiSubchapter D, Chapter 53, Water Code, is amended by adding Section 53.108 to read as follows:

Sec.i53.108.iiLIMITATION ON USE OF EMINENT DOMAIN POWER; REQUIRED APPROVALS. (a)iiA district may not exercise the power of eminent domain to acquire land, an easement, or other property that is located more than five miles outside the district's boundaries unless:

(1)iithe commissioners court in the county in which the eminent domain power is to be exercised, after notice and hearing, officially approves the exercise; and

(2)iiafter approval by the commissioners court, the commission issues an order approving the district's application to exercise that power.

(b)iiA district that seeks commission approval for the district's planned exercise of eminent domain power:

(1)iishall submit to the commission a written application for approval of the exercise of that power; and

(2)iishall provide notice of the application in the manner prescribed by the commission.

(c)iiThe executive director of the commission may:

(1)iigrant an application if the executive director finds that:

(A)iithe requested exercise of the power of eminent domain is necessary and serves a purpose for which the district was created; and

(B)iigranting the application will:

(i)iiserve the public interest;

(ii)iiencourage regionalization of water supply and distribution; and

(iii)iibenefit the residents of the district; or

(2)iirequest that the commission hold a public hearing on the application.

(d)iiAfter publication of notice, an opportunity for public comment, and an opportunity for public hearing on an application under this section, the commission may issue an order approving the application if the commission finds that:

(1)iiall procedural requirements have been satisfied;

(2)iithe requested exercise of the power of eminent domain:

(A)iiis necessary and serves a purpose for which the district was created; and

(B)iiwill encourage regionalization of water supply and distribution; and

(3)iigranting the request will:

(A)iiserve the public interest; and

Wednesday, April 15, 2009 SENATE JOURNAL 1047

(B)iibenefit the residents of the district.

(e)iiThe commission by rule shall establish procedures for public notice and hearing of applications under this section. The procedures must include provision of notice to elected state and local officials who represent residents of the district and of the property proposed for condemnation.

(f)iiA district may not exercise the power of eminent domain to acquire land, an easement, or other property that is located more than 75 miles outside the district's boundaries.

(g)iiThis section applies to a fresh water supply district and a district that converts from a fresh water supply district to another type of district.

SECTIONi4.iiSection 53.108, Water Code, as added by this Act, applies only to an exercise of the power of eminent domain by a fresh water supply district for which a condemnation petition is filed on or after the effective date of this Act. An exercise of the power of eminent domain by a fresh water supply district for which a condemnation petition is filed before the effective date of this Act is governed by the law in effect on the date the condemnation petition is filed, and that law is continued in effect for that purpose.

SECTIONi5.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.

The amendment to CSSB 1254 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.i1 except as follows:

Absent-excused:iiHarris.

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

CSSB 1254 as amended was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Absent-excused:iiHarris.

COMMITTEEiiSUBSTITUTE
SENATE BILL 1254 ON THIRD READING

Senator Seliger moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi1254 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi1.

Nays:iiWentworth.

Absent-excused:iiHarris.

1048 81st Legislature — Regular Session 37th Day

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 CSSBi1254, 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 CSSBi1254 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.

The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0.

Absent-excused:iiHarris.

COMMITTEEiiSUBSTITUTE
SENATE BILL 1515 ON SECOND READING

Senator Watson moved to suspend the regular order of business to take up for consideration CSSBi1515 at this time on its second reading:

CSSB 1515, Relating to a major events trust fund and an events trust fund for sporting and non-sporting events.

The motion prevailed.

Senators Huffman, Nelson, Nichols, and Patrick asked to be recorded as voting "Nay" on suspension of the regular order of business.

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 except as follows:

Nays:iiHuffman, Nelson, Nichols, Patrick.

Absent-excused:iiHarris.

Wednesday, April 15, 2009 SENATE JOURNAL 1049

COMMITTEEiiSUBSTITUTE
SENATE BILL 1515 ON THIRD READING

Senator Watson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi1515 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi25, Naysi5.

Yeas:iiAveritt, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Hegar, Hinojosa, Jackson, Lucio, Ogden, Seliger, Shapiro, Shapleigh, Uresti, VanideiPutte, Watson, West, Whitmire, Williams, Zaffirini.

Nays:iiHuffman, Nelson, Nichols, Patrick, Wentworth.

Absent-excused:iiHarris.

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 CSSBi1515, 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 CSSBi1515 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.

The bill was read third time and was passed by the following vote:iiYeasi26, Naysi4.

Nays:iiHuffman, Nelson, Nichols, Patrick.

Absent-excused:iiHarris.

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 is meeting tomorrow.

1050 81st Legislature — Regular Session 37th Day

SENATE RULE 11.10(a) SUSPENDED

(Public Notice of Committee Meetings)

On motion of Senator Estes and by unanimous consent, Senate Rule 11.10(a) was suspended in order that the Committee on Agriculture and Rural Affairs might meet today.

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:

SBi1371, SBi1676, SBi2195, SBi2284, SBi2285, SBi2391.

SENATE RULE 11.10(a) SUSPENDED

(Public Notice of Committee Meetings)

On motion of Senator Ellis and by unanimous consent, Senate Rule 11.10(a) was suspended in order that the Committee on Government Organization might meet today.

SENATE RULES SUSPENDED

(Posting Rules)

On motion of Senator Fraser and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on State Affairs might meet and consider the following bills today:iiSBi64, HBi806.

NOTICE GIVEN FOR

LOCAL AND UNCONTESTED CALENDAR

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

SENATE RULE 11.10(a) SUSPENDED

(Public Notice of Committee Meetings)

On motion of Senator Zaffirini and by unanimous consent, Senate Rule 11.10(a) was suspended in order that the Committee on Higher Education might meet 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:

Judge, 134th Judicial District Court, Dallas County:iiJames M. Stanton, Dallas County.

Wednesday, April 15, 2009 SENATE JOURNAL 1051

Adjutant General, Adjutant General's Department:iiJose S. Mayorga, Williamson County.

Members, Advisory Committee to the Texas Board of Criminal Justice on Offenders with Medical or Mental Impairments:iiJohniM. Bradley, Williamson County; Kathy C. Flanagan, M.D., Harris County; M.iClara Hernandez, El Paso County; KathryniJ. Kotrla, M.D., Williamson County; Jan Krocker, Harris County; JohniL. Moore, Grayson County; Eulon Ross Taylor, M.D., Lubbock County.

Members, Governing Board, Texas School for the Blind and Visually Impaired:iiMaryiK. Alexander, Cooke County; Gene Iran Brooks, Travis County; Bobby Druesedow, Parker County; Cynthia Phillips "Cindy" Finley, Lubbock County; Michael Edward Garrett, Fort Bend County; Joseph Muniz, Cameron County.

Member, On-site Wastewater Treatment Research Council:iiWilliamiF. "Dubb" Smith III, Hays County.

Members, Polygraph Examiners Board:iiTrentoniR. Marshall, Tarrant County; Marla Spurgeon Williams, Freestone County.

Members, State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments:iiRobertiJ. Gebhard, Jr., Harris County; JamesiF. Leffingwell,iM.D., Tarrant County; BenjaminiW. Norris, McLennan County; Cindy Marie Steinbart, Williamson County; Amy Trost, Guadalupe County.

Members, Statewide Health Coordinating Council:iiRichardiL. Beard, Dallas County; Davidica Blum, Williamson County; LourdesiM. Cuellar, Harris County; JamesiA. Endicott, Jr., Bell County; EriciW. Ford, M.P.H., Ph.D., Lubbock County; JohniQ. Gowan, Dallas County; AyeeziA. Lalji, Fort Bend County; Elva Concha LeBlanc, Tarrant County; Lorraine O'Donnell, Ed.D., El Paso County.

Members, Texas Board of Chiropractic Examiners:iiArmando Elizarde, Jr., Cameron County; JannetteiA. Kurban, D.C., Tarrant County; LarryiR. Montgomery,iD.C., Bell County; CynthiaiL. Tays, D.C., Travis County; Patrick James Thomas, Nueces County; Thomas O'Neil Turner, Bexar County.

Commissioner of Education, Texas Education Agency:iiRobertiP. Scott, Travis County.

Members, Texas Forensic Science Commission:iiSamueliE. Bassett, Travis County; AlaniL. Levy, Tarrant County; Sridhar Natarajan, Kendall County; AlieceiB. Watts, Tarrant County.

Members, Board of Directors, Texas Health Services Authority:iiAlesha Adamson, Bexar County; Fred Buckwold, Harris County; RaymondiF. Davis, El Paso County; DavidiC. Fleeger, M.D., Travis County; MatthewiJ. Hamlin, Denton County; EdwardiW. Marx, Tarrant County; KathleeniK. Mechler, Gillespie County; Donna Montemayor, Bexar County; J.iDarren Rodgers, Dallas County; Manfred Sternberg, Harris County; Stephen Yurco, M.D., Travis County.

Members, Texas Lottery Commission:iiJ.iWinston Krause, Travis County; David Schenck, Dallas County; Mary Ann Williamson, Parker County.

1052 81st Legislature — Regular Session 37th Day

Members, Texas Optometry Board:iiJames Edward Dyess, Travis County; Larry Wayne Fields, Panola County; David Dixon Golden, Shelby County; Cynthia Tyson Jenkins, Dallas County; RandalliN. Reichle, O.D., Harris County.

Members, Texas Private Security Board:ii JohniE. Chism, Dallas County; CharlesiE. Crenshaw, Travis County; PatrickiA. Patterson, Bexar County; MarkiL. Smith, Collin County; Doris Davis-Washington, Tarrant County.

Members, Texas State Board of Examiners for Speech-Language Pathology and Audiology:iiTammy Michelle Camp, Lubbock County; KimberlyiM. Carlisle, Collin County; Leila Ramirez Salmons, Harris County; Phillip L. Wilson, Dallas County.

Members, Texas State Board of Examiners of Marriage and Family Therapists:iiTimothy Brown, D.Min., Dallas County; Joe Ann Clack, Fort Bend County; SandraiL. DeSobe, Harris County; MichaeliR. Miller, Bell County; MichaeliR. Puhl, Collin County; Edna Reyes-Wilson, Ph.D., El Paso County; Jennifer Smothermon, Taylor County; Beverly Sue Walker Womack, Cherokee County.

Members, Texas State Board of Examiners of Psychologists:iiTimiF. Branaman, Collin County; Jo Ann Campbell, Taylor County; CarlosiR. Chacón, El Paso County; AngelaiA. Downes, Dallas County; Narciso Escareno, Cameron County; Lou Ann Todd Mock, Harris County.

Members, Texas State Board of Social Worker Examiners:iiJody Anne Montgomery Armstrong, Taylor County; Timothy Martel Brown, Dallas County; Stewart Ogden Geise, Travis County; CandaceiY. Guillen, Cameron County; DeniseiV. Pratt, Harris County; Nary Spears, Harris County; Mark Talbot, Hidalgo County.

Members, Board of Directors, Texas Underground Facility Notification Corporation:iiBarbaraiJ. Mathis, Angelina County; RodneyiJ. Unruh, Comal 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.

SENATE RULE 11.18(a) SUSPENDED

(Public Hearings)

On motion of Senator Averitt and by unanimous consent, Senate Rule 11.18(a) was suspended in order that the Committee on Natural Resources might consider SBi1360 tomorrow.

MOTION TO ADJOURN

On motion of Senator Whitmire and by unanimous consent, the Senate at 2:40ip.m. agreed to adjourn, in memory of firefighter Damion Jon Hobbs and Captain James Arthur Harlow, Sr., of Pasadena, upon conclusion of the Local and Uncontested Calendar Session, until 11:00 a.m. tomorrow.

Wednesday, April 15, 2009 SENATE JOURNAL 1053

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

SRi627iby Ellis,iIn memory of Gladys T. Lewis.

SRi631iby West,iIn memory of Robert Ellis Guice of Dallas.

Congratulatory Resolutions

SRi626iby Harris, Averitt, and Davis,iRecognizing Vernon Newsom on the occasion of his retirement as superintendent of the Mansfield Independent School District.

SRi628iby Ellis,iCongratulating Kelly-Ann F. Clarke for her election as Chair of the American Bar Association Young Lawyers Division.

SRi629iby Watson,iRecognizing the Austin Young Lawyers Association on the occasion of its 50th anniversary.

SRi630iby Watson,iRecognizing the Austin Children's Shelter on the occasion of its 25th anniversary.

SRi632iby Hegar,iCommending members of The Republican Women of Yoakum for their service to the community.

SRi635iby Ellis,iRecognizing Jayden Carter Arceneaux on the occasion of his first birthday.

SRi638iby Fraser,iCommending Jerry Bawcom for his contributions to the University of Mary Hardin-Baylor.

Official Designation Resolutions

SCRi58iby Fraser, Recognizing April 12 through 18, 2009, as Texas Fraternal Week.

SRi637iby Gallegos,iRecognizing April of 2009 as National Donate Life Month in Texas.

RECESS

On motion of Senator Whitmire, the Senate at 2:41 p.m. recessed until 8:00 a.m. tomorrow.

AAAPPENDIXAA

COMMITTEE REPORTS

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

April 15, 2009

INTERGOVERNMENTAL RELATIONS — CSSBi929, CSSBi930, CSSBi931, CSSBi932, SBi1464, CSSBi1896, SBi1979, SBi2453

1054 81st Legislature — Regular Session 37th Day

STATE AFFAIRS — SBi563

CRIMINAL JUSTICE — CSSBi388

HEALTH AND HUMAN SERVICES — CSSBi7, CSSBi526, CSSBi639, CSSBi751, CSSBi785, CSSBi893, CSSBi1064, CSSBi1329, CSSBi1411, CSSBi1877, SBi2397

JURISPRUDENCE — CSSBi865, CSSBi1553

CRIMINAL JUSTICE — SBi224

BUSINESS AND COMMERCE — CSSBi1097

NATURAL RESOURCES — SBi2051, SBi2311, SBi2312, SBi2314, SBi2315, SBi2318, SBi2319, SBi2321

TRANSPORTATION AND HOMELAND SECURITY — CSSJRi9, CSSBi2225

NATURAL RESOURCES — SJRi50

STATE AFFAIRS — CSSBi1629

BUSINESS AND COMMERCE — CSSBi545

ADMINISTRATION — SBi495, SBi1540, SBi2071

HIGHER EDUCATION — CSSBi174, CSSBi845, CSSBi1941

ADMINISTRATION — SBi1969i(Amended)

TRANSPORTATION AND HOMELAND SECURITY — CSSBi585

EDUCATION — CSSBi892, CSSBi2308

TRANSPORTATION AND HOMELAND SECURITY — CSSBi1431

EDUCATION — SBi1726, SBi2033

STATE AFFAIRS — CSSBi96, CSSBi394, CSSBi551, CSSBi704, CSSBi1168, CSSBi1182, CSSBi1201, CSSBi1402, CSSBi1456

BILLS ENGROSSED

April 14, 2009

SBi16, SBi28, SBi727, SBi855, SBi1048, SBi1356, SBi1392, SBi1771

RESOLUTIONS ENROLLED

April 14, 2009

SCRi56, SRi605, SRi606, SRi607, SRi608, SRi609, SRi610, SRi611, SRi612, SRi613, SRi614, SRi616, SRi617, SRi618, SRi619, SRi620, SRi621, SRi622

SENT TO SECRETARY OF STATE

April 15, 2009

SCRi56

Wednesday, April 15, 2009 SENATE JOURNAL 1055

1056 81st Legislature — Regular Session 37th Day

Wednesday, April 15, 2009 SENATE JOURNAL 1057

1058 81st Legislature — Regular Session 37th Day