SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE — REGULAR SESSION

AUSTIN, TEXAS

PROCEEDINGS

THIRTY-NINTH DAY

(Friday, April 17, 2009)

The Senate met at 10:16 a.m. pursuant to adjournment and was called to order by President Pro Tempore Duncan.

The roll was called and the following Senators were present:iiAveritt, Davis, Deuell, Duncan, 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:iiCarona, Ellis, Harris.

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

The Reverend Dr. Dale A. Schultz, Saint Philip's United Methodist Church, Round Rock, 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.

LEAVES OF ABSENCE

On motion of Senator Whitmire, Senator Carona was granted leave of absence for today on account of important business.

On motion of Senator Whitmire, Senator Ellis was granted leave of absence for today on account of important business.

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

CO-AUTHOR OF SENATE BILL 9

On motion of Senator Zaffirini, Senator Deuell will be shown as Co-author of SBi9.

CO-AUTHOR OF SENATE BILL 45

On motion of Senator Zaffirini, Senator West will be shown as Co-author of SBi45.

CO-AUTHORS OF SENATE BILL 145

On motion of Senator Ellis, Senators VanideiPutte and West will be shown as Co-authors of SBi145.

CO-AUTHORS OF SENATE BILL 469

On motion of Senator Carona, Senators Deuell, Nelson, and Zaffirini will be shown as Co-authors of SBi469.

CO-AUTHOR OF SENATE BILL 471

On motion of Senator Carona, Senator Shapiro will be shown as Co-author of SBi471.

CO-AUTHOR OF SENATE BILL 495

On motion of Senator Hinojosa, Senator West will be shown as Co-author of SBi495.

CO-AUTHOR OF SENATE BILL 563

On motion of Senator Jackson, Senator Lucio will be shown as Co-author of SBi563.

CO-AUTHOR OF SENATE BILL 816

On motion of Senator Patrick, Senator West will be shown as Co-author of SBi816.

CO-AUTHOR OF SENATE BILL 861

On motion of Senator Wentworth, Senator West will be shown as Co-author of SBi861.

CO-AUTHOR OF SENATE BILL 911

On motion of Senator Williams, Senator Huffman will be shown as Co-author of SBi911.

CO-AUTHOR OF SENATE BILL 1313

On motion of Senator Shapiro, Senator Eltife will be shown as Co-author of SBi1313.

CO-AUTHOR OF SENATE BILL 1380

On motion of Senator Shapiro, Senator Uresti will be shown as Co-author of SBi1380.

1110 81st Legislature — Regular Session 39th Day

CO-AUTHOR OF SENATE BILL 1381

On motion of Senator Shapiro, Senator Uresti will be shown as Co-author of SBi1381.

CO-AUTHOR OF SENATE BILL 1411

On motion of Senator West, Senator Uresti will be shown as Co-author of SBi1411.

CO-AUTHOR OF SENATE BILL 1715

On motion of Senator West, Senator Lucio will be shown as Co-author of SBi1715.

CO-AUTHOR OF SENATE BILL 2017

On motion of Senator Watson, Senator Shapleigh will be shown as Co-author of SBi2017.

CO-AUTHOR OF SENATE BILL 2105

On motion of Senator Uresti, Senator Deuell will be shown as Co-author of SBi2105.

CO-AUTHOR OF SENATE BILL 2275

On motion of Senator Seliger, Senator Davis will be shown as Co-author of SBi2275.

CO-AUTHOR OF SENATE BILL 2277

On motion of Senator Ellis, Senator Williams will be shown as Co-author of SBi2277.

CO-AUTHOR OF SENATE CONCURRENT RESOLUTION 35

On motion of Senator Nichols, Senator Nelson will be shown as Co-author of SCRi35.

CO-SPONSORS OF HOUSE BILL 873

On motion of Senator Deuell, Senators Hinojosa and Patrick will be shown as Co-sponsors of HBi873.

MESSAGES FROM THE GOVERNOR

The following Messages from the Governor were read and were 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 Council on Cardiovascular Disease and Stroke for terms to expire as indicated:

Friday, April 17, 2009 SENATE JOURNAL 1111

To Expire February 1, 2013:

(pursuant to Health and Safety Code Chapter 93, Section 93.0002)

To Expire February 1, 2015:

(pursuant to Health and Safety Code Chapter 93, Section 93.0002)

(pursuant to Health and Safety Code Chapter 93, Section 93.0002)

To be a member of the Cancer Prevention and Research Institute of Texas Oversight Committee for a term to expire Decemberi4, 2011:

Faith Simmons Johnson

(Judge Johnson is replacing Jeanne L. Phillips of Dallas who resigned)

To be members of the Assistive and Rehabilitative Services Council for terms to expire Februaryi1, 2015:

Diego Demaya

(replacing Joseph Muniz of Harlingen whose term expired)

Berkley Dyer

(replacing Robin Riccardi of Spring whose term expired)

Mary Taylor "Jody" Unruh

(replacing Connie Hughes of Idalou whose term expired)

PHYSICIAN OF THE DAY

Senator West was recognized and presented Dr. Antony Anderson of Duncanville as the Physician of the Day.

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

GUESTS PRESENTED

Senator Zaffirini was recognized and introduced to the Senate Attorney General Luis Carlos Treviño Berchelmann of Nuevo León, Mexico, and his Special Assistant Eván De La Gárza, accompanied by Attorney General Greg Abbott.

The Senate welcomed its guests.

1112 81st Legislature — Regular Session 39th Day

(Senator Eltife in Chair)

PERMISSION TO INTRODUCE BILL

On motion of Senator Whitmire and by unanimous consent, Senate Rule 7.07(b) was suspended to permit the introduction of the following bill:iiSBi2534.

SENATE BILLS ON FIRST READING

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

SB 2531 by Gallegos

Relating to the creation of the Harris County Improvement District No. 15; providing authority to impose an assessment, impose a tax, and issue bonds.

To Committee on Intergovernmental Relations.

SB 2532 by Hinojosa

Relating to the governing body of the Agua Special Utility District.

To Committee on Intergovernmental Relations.

SB 2533 by Estes

Relating to the creation of the Lake Texoma Municipal Utility District No. 1; providing authority to impose a tax or assessment and issue bonds; granting a limited power of eminent domain.

To Committee on Intergovernmental Relations.

SB 2534 by Wentworth

Relating to the creation of an interagency task force on economic growth and endangered species; providing information and direction regarding endangered species issues in certain areas of the state; making an appropriation.

To Committee on Natural Resources.

SB 2535 by Wentworth

Relating to the creation of the Guadalupe County Development and Management District.

To Committee on Intergovernmental Relations.

(President Pro Tempore Duncan in Chair)

CONCLUSION OF MORNING CALL

The President Pro Tempore at 10:35 a.m. announced the conclusion of morning call.

SENATE CONCURRENT RESOLUTION 33
ON SECOND READING

The President Pro Tempore laid before the Senate SCRi33 by Senator Jackson on its second reading. The resolution had been read second time and further consideration postponed:

SCR 33, Granting Betty Bardwell permission to sue the State of Texas, The University of Texas Medical Branch at Galveston, and the Office of the Attorney General.

Question — Shall SCR 33 be adopted?

Friday, April 17, 2009 SENATE JOURNAL 1113

Senator Jackson offered the following amendment to the resolution:

Floor Amendment No. 1

Amend SCR 33 (committee report version) by striking lines 49 through 52 and inserting the following:

(15)iiBradley C. McCellan is ultimately responsible for the altered release form.

And, add the following RESOLVED clauses after the first resolved clause (page 1, line 58):

RESOLVED, That the aggregate of all amounts awarded in a suit authorized by this resolution, including damages, court costs, attorney's fees, and prejudgment interest awarded under law, may not exceed $500,000, that the plaintiff may not plead relief in excess of that amount in a suit authorized by this resolution, and that this is the total aggregate amount that may be recovered by the person named in this resolution with respect to any and all causes of action, including breach of contract, that relate to or arise from the facts and circumstances described in this resolution; and, be it further

RESOLVED, That neither the state, nor any of its employees, agents, departments, agencies, or political subdivisions, admits to liability for, or to the truth of, any allegation asserted by the claimant; and, be it further

The amendment to SCR 33 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:iiCarona, Ellis, Harris.

SCRi33 as amended failed of adoption by the following vote:iiYeasi11, Naysi17.

Yeas:iiDavis, Gallegos, Jackson, Shapleigh, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Zaffirini.

Nays:iiAveritt, Deuell, Duncan, Eltife, Estes, Fraser, Hegar, Hinojosa, Huffman, Lucio, Nelson, Nichols, Ogden, Patrick, Seliger, Shapiro, Williams.

Absent-excused:iiCarona, Ellis, Harris.

COMMITTEEiiSUBSTITUTE
SENATE BILL 861 ON THIRD READING

On motion of Senator Wentworth and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi861 at this time on its third reading and final passage:

CSSB 861, Relating to the exchange of information among certain governmental entities concerning at-risk youth.

The bill was read third time and was passed by the following vote:iiYeasi28, Naysi0.

Absent-excused:iiCarona, Ellis, Harris.

1114 81st Legislature — Regular Session 39th Day

SENATE BILL 896 ON SECOND READING

Senator Shapleigh moved to suspend the regular order of business to take up for consideration SBi896 at this time on its second reading:

SB 896, Relating to the repeal of the driver responsibility program.

The motion prevailed.

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

The bill was read second time.

Senator Shapiro offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 896 (Senate committee printing) by striking all below the enacting clause and substituting the following:

SECTIONi1.iiSection 708.151, Transportation Code, is amended to read as follows:

Sec.i708.151.iiNOTICE OF SURCHARGE. (a) The department shall send notices as required by Subsection (b) to [~~notify~~] the holder of a driver's license when [~~of the assessment of~~] a surcharge is assessed on that license. Each notice must:

(1)iibe sent by first class mail [~~sent~~] to the person's most recent address as shown on the records of the department;

(2)[~~. The notice must~~] specify the date by which the surcharge must be paid; and

(3)iistate the consequences of a failure to pay the surcharge.

(b)iiThe department shall send a first notice not later than the fifth day after the date the surcharge is assessed. If before the 30th day after the date the first notice was sent the person fails to pay the amount of the surcharge or fails to enter into an installment payment agreement with the department, the department shall send a second notice. If before the 30th day after the date the second notice was sent the person fails to pay the amount of the surcharge or fails to enter into an installment payment agreement with the department, the department shall send a third notice.

SECTIONi2.iiSection 708.152(a), Transportation Code, is amended to read as follows:

(a)iiIf before the 30th day after the date the department sends a third notice under Section 708.151 the person fails to pay the amount of a surcharge on the person's license or fails to enter into an installment payment agreement with the department, the license of the person is automatically suspended.

SECTIONi3.iiSection 708.153(b), Transportation Code, is amended to read as follows:

(b)iiA rule under this section:

(1)iimay not require [~~permit~~] a person to pay a surcharge over a period of less [~~more~~] than 36 consecutive months; and

(2)iimay provide that if the person fails to make a required installment payment, the department may reestablish the installment plan or declare the amount of the unpaid surcharge immediately due and payable.

Friday, April 17, 2009 SENATE JOURNAL 1115

SECTIONi4.iiSubchapter D, Chapter 708, Transportation Code, is amended by adding Section 708.158 to read as follows:

Sec.i708.158.iiJURISDICTION. (a) For the time a surcharge under this chapter is outstanding, the court in which a person is convicted of the offense that is the basis for the surcharge has jurisdiction over the person, the department, and all agents of the department regarding all matters relating to the surcharge.

(b)iiThe court may reduce or waive a surcharge under this chapter. A person who is assessed a surcharge may file a pleading, request a hearing, or otherwise invoke the jurisdiction of the court described by Subsection (a) at any time the person is required to pay a surcharge or is subject to any other enforcement procedure described by this chapter.

(c)iiThe department may not assess a surcharge against a person who is indigent. For the purposes of this subsection, a person is indigent if:

(1)iithe person provides evidence described by Subsection (d) to the court in which the person is convicted of the offense that is the basis for the surcharge; or

(2)iithe person is a full-time student who:

(A)iiis enrolled in a public, private, or independent institution of higher education; and

(B)iiprovides evidence described by Subsection (d) to the court in which the person is convicted of the offense that is the basis for the surcharge.

(d)iiA person must provide the following information to the court in which the person is convicted of the offense that is the basis for the surcharge as evidence that the person's income or the person's household income does not exceed 200 percent of the applicable income level established by the federal poverty guidelines:

(1)iia copy of the person's most recent federal income tax return;

(2)iia copy of the person's most recent statement of wages; or

(3)iidocumentation from a federal agency, state agency, or school district that indicates that the person or a member of the person's family with whom the person resides receives assistance from:

(A)iithe food stamp program or the financial assistance program established under Chapter 31, Human Resources Code;

(B)iithe federal special supplemental nutrition program for women, infants, and children authorized by 42 U.S.C. Section 1786;

(C)iithe medical assistance program under Chapter 32, Human Resources Code;

(D)iithe child health plan program under Chapter 62, Health and Safety Code; or

(E)iithe national free or reduced-price lunch program established under 42 U.S.C. Section 1751 et seq.

(e)iiIf a court holds a hearing and finds that a person is indigent based on the information provided to the court by the person under Subsection (d), the court shall notify the department that the person is indigent.

SECTIONi5.iiSubchapter B, Chapter 708, Transportation Code, is amended by adding Section 708.056 to read as follows:

1116 81st Legislature — Regular Session 39th Day

Sec.i708.056.iiDEDUCTION OF POINTS. The department by rule shall establish a procedure to provide for the deduction of one point accumulated by a person under this subchapter to account for each year that the person has not accumulated points under this subchapter.

SECTIONi6.iiThe changes in law made by this Act apply only to a surcharge that is assessed on or after the effective date of this Act. A surcharge that was assessed before the effective date of this Act is subject to the law in effect on the date the surcharge was assessed, and that law is continued in effect for that purpose.

SECTIONi7.iiThis Act takes effect September 1, 2009.

SHAPIRO

SHAPLEIGH

The amendment to SB 896 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:iiCarona, Ellis, Harris.

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

SB 896 as amended was passed to engrossment by the following vote:iiYeasi23, Naysi5.

Yeas:iiDavis, Deuell, Duncan, Eltife, Estes, Fraser, Gallegos, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nichols, Seliger, Shapiro, Shapleigh, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Zaffirini.

Nays:iiAveritt, Nelson, Ogden, Patrick, Williams.

Absent-excused:iiCarona, Ellis, Harris.

SENATE BILL 896 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 SBi896 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi23, Naysi5.

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

Nays:iiNelson, Ogden, Patrick, Wentworth, Williams.

Absent-excused:iiCarona, Ellis, Harris.

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 SBi896, because in my judgment no circumstance exists in this case to justify the

Friday, April 17, 2009 SENATE JOURNAL 1117

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 SBi896 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:iiYeasi23, Naysi5.

Nays:iiAveritt, Nelson, Ogden, Patrick, Williams.

Absent-excused:iiCarona, Ellis, Harris.

HOUSE BILL 873 ON SECOND READING

On motion of Senator Deuell and by unanimous consent, the regular order of business was suspended to take up for consideration HBi873 at this time on its second reading:

HB 873, Relating to incentives for the film, television, video, and digital interactive media production industries.

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

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

Nays:iiHegar.

Absent-excused:iiCarona, Ellis, Harris.

HOUSE BILL 873 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 HBi873 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi27, Naysi1.

Nays:iiWentworth.

Absent-excused:iiCarona, Ellis, Harris.

1118 81st Legislature — Regular Session 39th 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 HBi873, 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 HBi873 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:iiYeasi27, Naysi1.

Nays:iiHegar.

Absent-excused:iiCarona, Ellis, Harris.

COMMITTEEiiSUBSTITUTE
SENATE BILL 1900 ON SECOND READING

On motion of Senator Seliger and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi1900 at this time on its second reading:

CSSB 1900, Relating to the abolition of the Texas cultural endowment fund.

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:iiCarona, Ellis, Harris.

COMMITTEEiiSUBSTITUTE
SENATE BILL 1900 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 CSSBi1900 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi27, Naysi1.

Nays:iiWentworth.

Absent-excused:iiCarona, Ellis, Harris.

Friday, April 17, 2009 SENATE JOURNAL 1119

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 CSSBi1900, 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 CSSBi1900 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:iiYeasi28, Naysi0.

Absent-excused:iiCarona, Ellis, Harris.

SENATE BILL 1490 ON SECOND READING

On motion of Senator Watson and by unanimous consent, the regular order of business was suspended to take up for consideration SBi1490 at this time on its second reading:

SB 1490, Relating to requirements for the conduct of Texas Education Agency special education due process hearings.

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:iiCarona, Ellis, Harris.

SENATE BILL 1490 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 SBi1490 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi27, Naysi1.

Nays:iiWentworth.

Absent-excused:iiCarona, Ellis, Harris.

1120 81st Legislature — Regular Session 39th 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 SBi1490, 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 SBi1490 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:iiYeasi28, Naysi0.

Absent-excused:iiCarona, Ellis, Harris.

COMMITTEEiiSUBSTITUTE
SENATE BILL 1715 ON SECOND READING

On motion of Senator West and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1715 at this time on its second reading:

CSSB 1715, Relating to the requirements for a smoke detector in a multifamily residential unit.

The bill was read second time.

Senator West offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1715 (committee printing) as follows:

(1)iiBetween the enacting clause and SECTION 1 of the bill, on page 1, between lines 12 and 13, insert the following:

SECTIONi1.iiThis bill is enacted to honor the memory of Sephra Burks.

(2)iiIn SECTION 1 of the bill, in proposed Section 92.254(a-1), Property Code (page 1, line 28), between "person with a" and "disability", insert "hearing-impairment".

(3)iiIn SECTION 1 of the bill, in proposed Section 92.254(a-1), Property Code (page 1, line 29), between "person with a" and "disability", insert "hearing-impairment".

(4)iiRenumber the remaining SECTIONS of the bill accordingly.

Friday, April 17, 2009 SENATE JOURNAL 1121

The amendment to CSSB 1715 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:iiCarona, Ellis, Harris.

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

CSSB 1715 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:iiCarona, Ellis, Harris.

COMMITTEEiiSUBSTITUTE
SENATE BILL 1715 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 CSSBi1715 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi27, Naysi1.

Nays:iiWentworth.

Absent-excused:iiCarona, Ellis, Harris.

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 CSSBi1715, 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 CSSBi1715 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:iiYeasi28, Naysi0.

Absent-excused:iiCarona, Ellis, Harris.

1122 81st Legislature — Regular Session 39th Day

COMMITTEEiiSUBSTITUTE
SENATE BILL 835 ON SECOND READING

On motion of Senator Hinojosa and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 835 at this time on its second reading:

CSSB 835, Relating to powers of the Port of Corpus Christi Authority of Nueces County, Texas, pertaining to land in and adjacent to Naval Station Ingleside.

The bill was read second time.

Senator Hinojosa offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 835 in SECTION 1 of the bill, added Section 1(3)(A), Chapter 397, Acts of the 68th Legislature, Regular Session, 1983 (committee printing, page 1, line 35), between "closes" and the semicolon, by inserting:

, other than property that the authority purchased from this state under Article 8225, Revised Statutes, or that was granted to the authority by this state under any general or special Act

The amendment to CSSB 835 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:iiCarona, Ellis, Harris.

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

CSSB 835 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:iiCarona, Ellis, Harris.

COMMITTEEiiSUBSTITUTE
SENATE BILL 835 ON THIRD READING

Senator Hinojosa moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi835 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi27, Naysi1.

Nays:iiWentworth.

Absent-excused:iiCarona, Ellis, Harris.

Reason for Vote

Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule:

Friday, April 17, 2009 SENATE JOURNAL 1123

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 CSSBi835, 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 CSSBi835 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:iiYeasi28, Naysi0.

Absent-excused:iiCarona, Ellis, Harris.

COMMITTEEiiSUBSTITUTE
SENATE BILL 639 ON SECOND READING

Senator Lucio moved to suspend the regular order of business to take up for consideration CSSBi639 at this time on its second reading:

CSSB 639, Relating to the rights of persons with intellectual or developmental disabilities residing in state schools.

The motion prevailed by the following vote:iiYeasi27, Naysi1.

Nays:iiOgden.

Absent-excused:iiCarona, Ellis, Harris.

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:iiCarona, Ellis, Harris.

COMMITTEEiiSUBSTITUTE
SENATE BILL 639 ON THIRD READING

Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi639 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi27, Naysi1.

Nays:iiWentworth.

Absent-excused:iiCarona, Ellis, Harris.

1124 81st Legislature — Regular Session 39th 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 CSSBi639, 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 CSSBi639 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:iiYeasi28, Naysi0.

Absent-excused:iiCarona, Ellis, Harris.

SENATE BILL 1988 ON SECOND READING

On motion of Senator Estes and by unanimous consent, the regular order of business was suspended to take up for consideration SBi1988 at this time on its second reading:

SB 1988, Relating to the Texas Rural Investment Fund.

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:iiCarona, Ellis, Harris.

SENATE BILL 1988 ON THIRD READING

Senator Estes moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi1988 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi27, Naysi1.

Nays:iiWentworth.

Absent-excused:iiCarona, Ellis, Harris.

Friday, April 17, 2009 SENATE JOURNAL 1125

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 SBi1988, 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 SBi1988 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:iiYeasi28, Naysi0.

Absent-excused:iiCarona, Ellis, Harris.

COMMITTEEiiSUBSTITUTE
SENATE BILL 1255 ON SECOND READING

On motion of Senator Shapiro and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1255 at this time on its second reading:

CSSB 1255, Relating to a state intercept credit enhancement program for certain bonds issued by school districts.

The bill was read second time.

Senator Shapiro offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1255 (committee printing) as follows:

(1)iiIn SECTION 1 of the bill, in proposed Section 45.252(c), Education Code (page 1, line 40), between "bonds mature" and the period, insert "or are defeased in accordance with state law".

(2)iiIn SECTION 1 of the bill, in proposed Section 45.257(a), Education Code (page 2, line 28), strike "the manner" and substitute "substantially the same manner".

(3)iiIn SECTION 1 of the bill, in proposed Section 45.259(d), Education Code (page 2, line 63), strike "date of or any payment of interest on" and substitute "date of, or any payment of interest on,".

(4)iiIn SECTION 1 of the bill, in proposed Section 45.261, Education Code (page 3, lines 34-40), strike proposed Subsection (e) and substitute the following:

1126 81st Legislature — Regular Session 39th Day

(e)iiAny part of a school district's tax rate attributable to producing revenue for purposes of Subsection (c)(1) is considered part of the district's:

(1)iicurrent debt rate for purposes of computing a rollback tax rate under Section 26.08, Tax Code; and

(2)iiinterest and sinking fund tax rate.

(5)iiIn SECTION 2 of the bill, in amended Section 45.052(b), Education Code (page 4, line 4), between "bonds mature" and the period, insert "or are defeased in accordance with state law".

The amendment to CSSB 1255 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:iiCarona, Ellis, Harris.

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

CSSB 1255 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:iiCarona, Ellis, Harris.

COMMITTEEiiSUBSTITUTE
SENATE BILL 1255 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 CSSBi1255 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi27, Naysi1.

Nays:iiWentworth.

Absent-excused:iiCarona, Ellis, Harris.

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 CSSBi1255, 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 CSSBi1255 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.

Friday, April 17, 2009 SENATE JOURNAL 1127

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:iiYeasi28, Naysi0.

Absent-excused:iiCarona, Ellis, Harris.

SENATE BILL 598 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 SBi598 at this time on its second reading:

SB 598, Relating to a pilot revolving loan program for retrofitting public school buildings with photovoltaic solar panels and associated energy efficiency improvements.

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:iiCarona, Ellis, Harris.

SENATE BILL 598 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 SBi598 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi27, Naysi1.

Nays:iiWentworth.

Absent-excused:iiCarona, Ellis, Harris.

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 SBi598, 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 SBi598 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.

1128 81st Legislature — Regular Session 39th Day

The bill was read third time and was passed by the following vote:iiYeasi28, Naysi0.

Absent-excused:iiCarona, Ellis, Harris.

COMMITTEEiiSUBSTITUTE
SENATE BILL 1662 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 1662 at this time on its second reading:

CSSB 1662, Relating to the punishment for the offense of breach of computer security.

The bill was read second time.

Senator Seliger offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1662 (Senate committee printing) in SECTION 2 of the bill, in proposed Section 33.02(b-2)(3), Penal Code (page 2, lines 5 through 8), by striking proposed Paragraph (B) and substituting the following:

(B)iithe aggregate amount involved is any amount less than $200,000 and the computer, computer network, or computer system is owned by the government or a critical infrastructure facility; or

The amendment to CSSB 1662 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:iiCarona, Ellis, Harris.

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

CSSB 1662 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:iiCarona, Ellis, Harris.

COMMITTEEiiSUBSTITUTE
SENATE BILL 1662 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 CSSBi1662 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi27, Naysi1.

Nays:iiWentworth.

Absent-excused:iiCarona, Ellis, Harris.

Friday, April 17, 2009 SENATE JOURNAL 1129

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 CSSBi1662, 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 CSSBi1662 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:iiYeasi28, Naysi0.

Absent-excused:iiCarona, Ellis, Harris.

COMMITTEEiiSUBSTITUTE
SENATE BILL 249 ON SECOND READING

On motion of Senator Shapleigh and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi249 at this time on its second reading:

CSSB 249, Relating to optional fees on the registration of a vehicle imposed by certain 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 except as follows:

Absent-excused:iiCarona, Ellis, Harris.

COMMITTEEiiSUBSTITUTE
SENATE BILL 249 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 CSSBi249 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi27, Naysi1.

Nays:iiWentworth.

Absent-excused:iiCarona, Ellis, Harris.

1130 81st Legislature — Regular Session 39th 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 CSSBi249, 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 CSSBi249 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:iiYeasi28, Naysi0.

Absent-excused:iiCarona, Ellis, Harris.

(Senator Eltife in Chair)

COMMITTEEiSUBSTITUTE
SENATE BILL 390 ON SECOND READING

On motion of Senator Patrick and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi390 at this time on its second reading:

CSSB 390, Relating to confidentiality of certain information under the public information law and in local tax appraisal records regarding federal law enforcement officers.

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:iiCarona, Ellis, Harris.

COMMITTEEiSUBSTITUTE
SENATE BILL 390 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 CSSBi390 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi27, Naysi1.

Nays:iiWentworth.

Absent-excused:iiCarona, Ellis, Harris.

Friday, April 17, 2009 SENATE JOURNAL 1131

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 CSSBi390, 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 CSSBi390 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:iiYeasi28, Naysi0.

Absent-excused:iiCarona, Ellis, Harris.

COMMITTEEiiSUBSTITUTE
SENATE BILL 526 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 526 at this time on its second reading:

CSSB 526, Relating to grants for federally qualified health centers.

The bill was read second time.

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 526 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 CSSB 526 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:iiCarona, Ellis, Harris.

1132 81st Legislature — Regular Session 39th Day

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

CSSB 526 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:iiCarona, Ellis, Harris.

COMMITTEEiiSUBSTITUTE
SENATE BILL 526 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 CSSBi526 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi27, Naysi1.

Nays:iiWentworth.

Absent-excused:iiCarona, Ellis, Harris.

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 CSSBi526, 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 CSSBi526 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:iiYeasi28, Naysi0.

Absent-excused:iiCarona, Ellis, Harris.

COMMITTEE SUBSTITUTE
SENATE JOINT RESOLUTION 18 ON SECOND READING

Senator Ogden moved to suspend the regular order of business to take up for consideration CSSJRi18 at this time on its second reading:

Friday, April 17, 2009 SENATE JOURNAL 1133

CSSJR 18, Proposing a constitutional amendment authorizing the legislature to permit the Texas Transportation Commission, subject to legislative review and approval, to designate the area adjacent to a state highway project as a transportation finance zone and dedicating the proceeds of the state sales and use taxes imposed in a transportation finance zone to the Texas Mobility Fund for certain purposes.

The motion prevailed by the following vote:iiYeasi25, Naysi3.

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

Nays:iiSeliger, VanideiPutte, Watson.

Absent-excused:iiCarona, Ellis, Harris.

The resolution was read second time.

Senator Ogden offered the following amendment to the resolution:

Floor Amendment No. 1

Amend CSSJR 18 (Senate committee printing), in SECTION 1 of the resolution, added Section 49-k(e-1), Article III, Texas Constitution (page 1, line 31), by striking "legislature" and substituting "entity designated by the legislature in the general law".

The amendment to CSSJR 18 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:iiCarona, Ellis, Harris.

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

CSSJR 18 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, VanideiPutte, Watson.

Absent-excused:iiCarona, Ellis, Harris.

COMMITTEE SUBSTITUTE
SENATE JOINT RESOLUTION 18 ON THIRD READING

Senator Ogden moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSJRi18 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi24, Naysi4.

Nays:iiSeliger, VanideiPutte, Watson, Wentworth.

Absent-excused:iiCarona, Ellis, Harris.

1134 81st Legislature — Regular Session 39th 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 CSSJRi18, 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 CSSJRi18 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 resolution was read third time and was passed by the following vote:iiYeasi25, Naysi3.

Nays:iiSeliger, VanideiPutte, Watson.

Absent-excused:iiCarona, Ellis, Harris.

REMARKS ORDERED PRINTED

On motion of Senator Gallegos and by unanimous consent, the exchange between Senators Ogden and Gallegos regarding CSSJRi18 was ordered reduced to writing and printed in the Senate Journal as follows:

Senator Gallegos:iiSenator Ogden, let me ask you, and the first thing that came to mind when I looked at the bill was, and let me give you the example, is, my, the road and bridge fee that we pay every time we renew our licenses at, in Harris County what we're doing is, everybody on the road and bridge fee comes to Austin, and then it is redistributed back to Harris County. And I did a study on five years, and of that road bridge fee that Harris County taxpayers pay, was 100 million over that period. Then I, then my second question was, when it's redistributed, where does it go? Five percent, five percent of that 100 million went strictly to inside the city in Harris County, and the other 95 percent went outside, outside of the city, 65 percent of the total 100 million was paid for by City of Houston taxpayers that are in Harris County. And my question to you is, that's just an example of what I'm thinking on this bill, is that in that, in this zone that you're talking about, and the sales tax that are going to be

Friday, April 17, 2009 SENATE JOURNAL 1135

collected in that, in that area, that the monies that are collected in that area go strictly to that area and nowhere else. And you're talking about redistributing the money, or the money goes into a certain mobility fund–

Senator Ogden:iiNo, Sir. No, Sir. No, Sir.

Senator Gallegos:iiWell, then walk me, walk me through the–

Senator Ogden:iiIf it, if this project was approved for your district, pick a place, we would, we would draw a rectangle around the project, and I think the maximum distance on either side of the project is two miles.

Senator Gallegos:iiAlright.

Senator Ogden:iiAll of the sales tax that's collected inside that box would go to pay off the debt that was used to build that road. There is nothing in this constitutional amendment or in my enabling legislation that would allow us to divert that money for some other purpose. So, it's a sales tax increment financing to pay the debt on the road that's running through your district.

Senator Gallegos:iiOkay. So, that, I mean, and that language will be on the ballot?

Senator Ogden:iiYeah, well, let's see, I mean, I think it'll be in enabling legislation. But, let me see what the, if your question is answered in this constitutional amendment.

(Pause)

Senator Ogden:iiThe designation of an area as a transportation finance zone must be reviewed and approved by the Legislature before the designation may take effect. In addition to other sources of revenue, there is dedicated to the fund proceeds of a state tax that is established by general law. This is the sales tax.

Senator Gallegos:iiSenator, I don't have a problem with–

Senator Ogden:iiAlright. But, but here, here's the–

Senator Gallegos:iiOkay, alright.

Senator Ogden:iiHere's the answer to your question. Money collected within the boundaries of a transportation finance zone and deposited to the credit of the fund under this subsection may be used only, may be used only for the purpose of paying the principal of and interest on obligations issued under Subsection (d) of this section or related credit agreement. And those obligations are to build a highway. So, this constitutional amendment limits where that money would go.

Senator Gallegos:iiOkay. So, if, and I just heard you, it's in, it's in the bill, but if any funds are redirected and we find out about it, who do, I mean, under this bill, who are we going to hold accountable as far as, you know, redistributing the funds that are not–

Senator Ogden:iiWell–

Senator Gallegos:iiThat are not conforming–

Senator Ogden:iiI had, I guess–

Senator Gallegos:iiWith the legislation that you, that you passed–

1136 81st Legislature — Regular Session 39th Day

Senator Ogden:iiI guess the answer–

Senator Gallegos:iiPassed here?

Senator Ogden:iiI guess the answer would be the guilty party. We'd hold accountable the guilty party, because it's the intent of this constitutional amendment and the legislation to make sure that the sales taxes that are collected in that box only go for the purpose of paying off the debt on the road that's running through the middle of the box.

Senator Gallegos:iiThanks, but, thank you.

Senator Ogden:iiSo, thank you.

COMMITTEEiiSUBSTITUTE
SENATE BILL 912 ON SECOND READING

On motion of Senator Williams and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi912 at this time on its second reading:

CSSB 912, Relating to the diversion of a controlled substance by certain persons who have access to the substance by virtue of the person's profession or employment; providing penalties.

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:iiCarona, Ellis, Harris.

COMMITTEEiiSUBSTITUTE
SENATE BILL 912 ON THIRD READING

Senator Williams moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi912 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi27, Naysi1.

Nays:iiWentworth.

Absent-excused:iiCarona, Ellis, Harris.

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 CSSBi912, 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

Friday, April 17, 2009 SENATE JOURNAL 1137

requirement of the Texas Constitution, third reading and a vote on CSSBi912 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:iiYeasi28, Naysi0.

Absent-excused:iiCarona, Ellis, Harris.

COMMITTEEiiSUBSTITUTE
SENATE BILL 7 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 7 at this time on its second reading:

CSSB 7, Relating to strategies for and improvements in quality of health care and care management provided through health care facilities and through the child health plan and medical assistance programs designed to improve health outcomes.

The bill was read second time.

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 7 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill appropriately:

The amendment to CSSB 7 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:iiCarona, Ellis, Harris.

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

CSSB 7 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:iiCarona, Ellis, Harris.

1138 81st Legislature — Regular Session 39th Day

COMMITTEEiiSUBSTITUTE
SENATE BILL 7 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 CSSBi7 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi27, Naysi1.

Nays:iiWentworth.

Absent-excused:iiCarona, Ellis, Harris.

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 CSSBi7, 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 CSSBi7 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:iiYeasi28, Naysi0.

Absent-excused:iiCarona, Ellis, Harris.

RECESS

On motion of Senator Whitmire, the Senate at 12:50 p.m. recessed until 1:15ip.m. today.

AFTER RECESS

The Senate met at 2:26 p.m. and was called to order by the President.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Congratulatory Resolutions

SRi645iby Seliger,iRecognizing the winners of the Search for Solutions competition at the 2008 Texas Leadership Forum.

Friday, April 17, 2009 SENATE JOURNAL 1139

SRi646iby Hinojosa,iCongratulating Yolanda Garcia Olivarez for being selected as a 2009 Texas Sor Juana Women of Achievement honoree.

ADJOURNMENT

On motion of Senator Whitmire, the Senate at 2:27 p.m. adjourned, in memory of Sephra, Antonio, and Vivianna Burks, until 11:00 a.m. Monday, April 20, 2009.

AAAPPENDIXAA

COMMITTEE REPORTS

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

April 17, 2009

CRIMINAL JUSTICE — CSSBi1374

STATE AFFAIRS — CSSBi1548

HEALTH AND HUMAN SERVICES — SBi1092, SBi1217, SBi1271, SBi1626, SBi1837, CSSBi1878, CSSBi1879, CSSBi1880, CSSBi1954

FINANCE — CSSBi263, CSSBi1350

EDUCATION — CSSBi1460

TRANSPORTATION AND HOMELAND SECURITY — CSSBi1351, CSSBi1353

NATURAL RESOURCES — CSSBi2296, CSSBi1378, CSSBi1387, CSSBi726, CSSBi2111

BUSINESS AND COMMERCE — CSSBi472, CSSBi1596, CSSBi1492, CSSBi265, CSSBi1181, CSSBi1335

TRANSPORTATION AND HOMELAND SECURITY — CSSBi418

INTERNATIONAL RELATIONS AND TRADE — CSSBi2391

VETERAN AFFAIRS AND MILITARY INSTALLATIONS — SRi416, SBi2135, SBi1145, SBi1240, SBi1903

HEALTH AND HUMAN SERVICES — CSSBi1230, CSSBi1612, CSSBi2396

JURISPRUDENCE — CSSBi1625

TRANSPORTATION AND HOMELAND SECURITY — CSSBi1383, CSHBi2433, CSSBi1028, CSSBi2153

STATE AFFAIRS — SBi42, SBi64, SBi1106, SBi1795, SBi1807, SBi1808, SBi2154, SBi2226, SBi2324, SJRi44

CRIMINAL JUSTICE — CSSBi112

1140 81st Legislature — Regular Session 39th Day

INTERGOVERNMENTAL RELATIONS — SBi588, SBi660, SBi894, SBi1039, SBi1554, SBi2410, SBi2455, SBi2460, SBi2466, SBi2479, SBi2483

HIGHER EDUCATION — HBi602

INTERGOVERNMENTAL RELATIONS — CSSBi1448, CSSBi1638, CSSBi1705, CSSBi1860, CSSBi2053, CSSBi2478

BILLS AND RESOLUTION ENGROSSED

April 16, 2009

SBi53, SBi100, SBi117, SBi203, SBi232, SBi233, SBi254, SBi378, SBi586, SBi587, SBi595, SBi616, SBi654, SBi755, SBi809, SBi836, SBi842, SBi876, SBi911, SBi917, SBi918, SBi983, SBi1009, SBi1016, SBi1027, SBi1035, SBi1053, SBi1057, SBi1058, SBi1103, SBi1105, SBi1110, SBi1152, SBi1163, SBi1205, SBi1207, SBi1223, SBi1225, SBi1228, SBi1264, SBi1274, SBi1281, SBi1295, SBi1305, SBi1311, SBi1314, SBi1328, SBi1414, SBi1436, SBi1437, SBi1439, SBi1440, SBi1441, SBi1447, SBi1449, SBi1458, SBi1463, SBi1472, SBi1477, SBi1478, SBi1485, SBi1514, SBi1516, SBi1544, SBi1549, SBi1572, SBi1574, SBi1592, SBi1619, SBi1633, SBi1655, SBi1681, SBi1684, SBi1712, SBi1732, SBi1742, SBi1814, SBi1815, SBi1818, SBi1838, SBi1916, SBi1920, SBi1940, SBi1952, SBi1959, SBi1965, SBi1966, SBi1973, SBi1997, SBi2043, SBi2163, SBi2169, SJRi52

RESOLUTIONS ENROLLED

April 16, 2009

SRi570, SRi636, SRi639, SRi640, SRi641, SRi643, SRi644

Friday, April 17, 2009 SENATE JOURNAL 1141

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