FIFTY-SECOND DAY · que nosotros que gobernamos en esta nacio´n no olvidemos tu amor para el...

FIFTY-SECOND DAYWEDNESDAY, APRIL 16, 2003

PROCEEDINGS

The Senate met at 10:00 a.m. pursuant to adjournment and was called to order by

Senator Lucio.

The roll was called and the following Senators were present:iiArmbrister, Averitt,

Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos,

Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Ratliff,

Shapiro, Shapleigh, Staples, VanideiPutte, Wentworth, West, Whitmire, Williams,

Zaffirini.

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

The Reverend Jaime Case, El Buen Samaritano Episcopal Mission, Austin,

offered the invocation as follows:

Almighty God, from whose greatness all good things come, grant that

we who govern in this nation may not forget Your love for the small, the

weak, the needy, the sick, and the afflicted, so that from Your continuing

bounty all may be loved and cared for according to Your will. In the

ineffable name of God. Amen.

Dios todopoderoso, de cuya grandeza mana todo lo bueno, concede

que nosotros que gobernamos en esta nacion no olvidemos tu amor para elpequeno, el debil, el necesitado, el enfermo, y el afligido, para que de tucontima bondad todos lleguen a ser amados y cuidados segun tu voluntad.Por Cristo Jesus nuestro Senor. Amen.

Senator Whitmire moved that the reading of the Journal of the proceedings of

yesterday be dispensed with and the Journal be approved as printed.

The motion prevailed without objection.

CO-AUTHOR OF SENATE BILL 100

On motion of Senator VanideiPutte, Senator Gallegos will be shown as

Co-author of SBi100.


On motion of Senator Shapleigh, Senator VanideiPutte will be shown as



On motion of Senator Carona, Senator Zaffirini will be shown as Co-author of

SBi435.


On motion of Senator Shapleigh, Senator VanideiPutte will be shown as



On motion of Senator Gallegos, Senator Nelson will be shown as Co-author of

SBi1288.

CO-AUTHORS OF SENATE BILL 1607

On motion of Senator Ellis, Senators Gallegos and Zaffirini will be shown as

Co-authors of SBi1607.

CO-AUTHORS OF SENATE RESOLUTION 604

On motion of Senator VanideiPutte, Senators Janek and Madla will be shown as

Co-authors of SRi604.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 16, 2003

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

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

following action:

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HCR 64, In memory of John W. Holtermann of San Marcos.

SCR 42, Declaring that all state departments and agencies be closed for a half day,

emergency services excepted, beginning at noon on Friday, Aprili18, 2003.

SCR 43, Extolling the benefits of space flight and of the importance in maintaining its

support to continue the legacy of the space shuttle Columbia and her crew.

1004 78th Legislature — Regular Session 52nd Day

SCR 44, Providing that each house grant the other permission to adjourn for more

than three days during the period beginning on Wednesday, Aprili16, 2003, and

ending on Tuesday, April 22,i2003.

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

SENATE RESOLUTION 612

Senator Lindsay offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize the

Children ’s Advocacy Centers of Texas, Incorporated, on the occasion of Child Abuse

Prevention Month, which has been designated as April of 2003; and

WHEREAS, The mission of the Child Advocacy Centers of Texas is to restore

the lives of abused children; its staff members work with law enforcement,

prosecutors, medical personnel, and volunteers in the best interest of the child victim;

and

WHEREAS, Child abuse affects all citizens of Texas; according to recent

statistics, it is the leading cause of death in children under age one; the annual direct

costs of dealing with child abuse through hospitalization, chronic health problems,

mental health care, child welfare, law enforcement, and the judicial system are more

than $24 billion nationally; and

WHEREAS, Abused and neglected children are 53 percent more likely to be

arrested for juvenile crime; abused children are more likely to be arrested as adults,

and violent offenders who commit crimes against children are more likely to have

been physically or sexually abused as children; and

WHEREAS, Through its 53 local centers, the Children ’s Advocacy Centers

provide vital services to children and families in more than 129 counties in the state;

last year, 25,000 child victims received services from the centers, and 18,000 children

received mental health counseling services; and

WHEREAS, The state association of the Children ’s Advocacy Centers provides

specialized training and technical assistance for center personnel across the state; and

WHEREAS, The many volunteers, contributors, and well-trained staff of the

Children ’s Advocacy Centers enable the organization to continue its work to reduce

the harmful effects and to stop the cycle of child abuse; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby

commend the Children ’s Advocacy Centers of Texas, Incorporated, for its invaluable

work on behalf of the children of our state and encourage the public to observe April

of 2003 as Child Abuse Prevention Month; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the Children ’sAdvocacy Centers of Texas as an expression of high regard from the Texas Senate.

The resolution was read and was adopted without objection.

Wednesday, April 16, 2003 SENATE JOURNAL 1005

GUESTS PRESENTED

Senator Lindsay was recognized and introduced to the Senate Ann Boswell,

Chair, Children ’s Advocacy Centers of Texas board, and Debbie Davis, Executive

Director.

The Senate welcomed its guests.

PERMISSION TO INTRODUCE BILLS AND RESOLUTION

Senator Whitmire moved to suspend Senate Rule 7.07(b) and Section 5,

ArticleiIII, of the Texas Constitution to permit the introduction of the following bills

and resolution:iiSB 20, SB 21, SJR 2.

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

SENATE BILLS AND RESOLUTION ON FIRST READING

The following bills and resolution were introduced, read first time, and referred

to the committees indicated:

SB 20 by Armbrister

Relating to the issuance of certain permits for overweight vehicles.

To Committee on Natural Resources.

SB 21 by Armbrister

Relating to the designation of the parts of Interstate Highway 10 and Interstate

Highway 35 between Houston and Belton as Heroes Highway.

To Committee on Infrastructure Development and Security.

SB 22 by Armbrister

Relating to the creation, administration, powers, duties, operation, and financing of

Elgin Municipal Utility District No. 1.ii(Local Bill)


SB 23 by Armbrister

Relating to the creation of the Waller County Road Improvement District No. 1;

providing authority to impose a tax and issue bonds.ii(Local Bill)


SB 24 by Armbrister

Relating to the creation, administration, powers, duties, operation, and financing of

Ranch at Clear Fork Creek Municipal Utility District No. 1.ii(Local Bill)


SJR 2 by Brimer

Proposing a constitutional amendment authorizing a portion of the annual distribution

from the permanent university fund to be appropriated to support certain institutions

in The University of Texas System.

To Committee on Finance.


SENATE BILL 689 REREFERRED

Senator West submitted a Motion In Writing requesting that SBi689 bewithdrawn from the Committee on State Affairs and rereferred to the Committee onIntergovernmental Relations.

The Motion In Writing prevailed without objection.

HOUSE BILL 1011 REREFERRED

Senator Whitmire submitted a Motion In Writing requesting that HBi1011 bewithdrawn from the Committee on Criminal Justice and rereferred to the Committeeon Administration.



Senator Whitmire submitted a Motion In Writing requesting that HBi1236 bewithdrawn from the Committee on Criminal Justice and rereferred to the Committeeon Administration.



Senator Fraser submitted a Motion In Writing requesting that HBi1508 bewithdrawn from the Committee on Business and Commerce and rereferred to theCommittee on Administration.


SENATE RULES SUSPENDED(Posting Rules)

On motion of Senator Bivins and by unanimous consent, Senate Rulei11.10(a)and Senate Rulei11.18(a) were suspended in order that the Committee on Financemight meet and consider SBi1 today.

SENATE RULE 11.13 SUSPENDED(Consideration of Bills in Committees)

On motion of Senator Bivins and by unanimous consent, Senate Rulei11.13 wassuspended to grant all committees permission to meet while the Senate is meetingtoday.

PHYSICIAN OF THE DAY

Senator Fraser was recognized and presented Dr. Hugh Wilson of Eastland as thePhysician of the Day.

The Senate welcomed Dr. Wilson and thanked him for his participation in thePhysician of the Day program sponsored by the Texas Academy of FamilyPhysicians.

CONCLUSION OF MORNING CALL

The Presiding Officer, Senator Lucio in Chair, at 10:27ia.m. announced theconclusion of morning call.


COMMITTEEiiSUBSTITUTE

SENATE BILL 644 ON THIRD READING

Senator Wentworth moved to suspend the regular order of business to take up for

consideration CSSBi644 at this time on its third reading and final passage:

CSSB 644, Relating to prohibiting a governmental entity from disclosing

personal information of certain persons who hold a private pesticide applicator license

and of their clients.

The motion prevailed by a viva voce vote.

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

Naysi0.

GUESTS PRESENTED

Senator Ellis was recognized and introduced to the Senate students from

Willowridge High School in Houston, accompanied by their teachers and sponsors.




Senator Ellis moved to suspend the regular order of business to take up for


CSSB 1224, Relating to representation of applicants for writs of habeas corpus in

cases involving the death penalty.


RECORD OF VOTE

Senator Nelson asked to be recorded as voting "Nay" on the suspension of the

regular order of business.

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

RECORD OF VOTES

Senators Estes and Nelson asked to be recorded as voting "Nay" on the final

passage of CSSBi1224.


SENATE BILL 59 ON SECOND READING

Senator Zaffirini moved to suspend the regular order of business to take up for

consideration CSSBi59 at this time on its second reading:

CSSB 59, Relating to the management of behavior of residents of certain

facilities.


The bill was read second time.


Senator Zaffirini offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 59 as follows:(1)iiIn SECTION 8 of the bill, in proposed Subsection (d) (committee printing,

pagei3, linei30), strike "conduct a study and shall".(2)iiIn SECTION 8 of the bill, in proposed Subsection (d) (committee printing,

pagei3, linei31), strike "develop" and substitute "make recommendations for thedevelopment of".

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

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

CSSB 59 as amended was passed to engrossment by a viva voce vote.

COMMITTEEiiSUBSTITUTESENATE BILL 59 ON THIRD READING

Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that CSSBi59 beplaced on its third reading and final passage.


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

Nays:iiRatliff, Wentworth.


MOTION TO PLACESENATE JOINT RESOLUTION 30 ON SECOND READING

Senator Lindsay moved to suspend the regular order of business to take up forconsideration SJRi30 at this time on its second reading:

SJRi30, Proposing a constitutional amendment relating to the provision of parksand recreational facilities by certain conservation and reclamation districts.

On motion of Senator Lindsay, the motion to suspend the regular order ofbusiness was withdrawn.

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate students fromthe University of Guanajuato in Mexico.


GUESTS PRESENTED

Senator Jackson was recognized and introduced to the Senate a delegation of theBay Area Republican Women.





Senator Whitmire moved to suspend the regular order of business to take up for


CSSB 827, Relating to creating offenses for abandoning or endangering an

elderly individual or disabled individual and for failing to provide certain care for a

child, elderly individual, or disabled individual.


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

vote.



Senator Whitmire moved that Senate Rule 7.18 and the Constitutional Rule

requiring bills to be read on three several days be suspended and that CSSBi827 be

placed on its third reading and final passage.


Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan,

Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio,

Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire,

Williams, Zaffirini.





Senator Janek moved to suspend the regular order of business to take up for


CSSB 249, Relating to the use of the Galveston-Port Bolivar ferry operated by

the Texas Department of Transportation.



vote.



Senator Janek moved that Senate Rule 7.18 and the Constitutional Rule requiring

bills to be read on three several days be suspended and that CSSBi249 be placed on

its third reading and final passage.











Senator West moved to suspend the regular order of business to take up for


CSSB 1005, Relating to a state agency that is not complying with the

requirement to make a good faith effort to increase the agency ’s use of historically

underutilized businesses in purchasing and public works contracting.


RECORD OF VOTE

Senator Ogden asked to be recorded as voting "Nay" on the suspension of the

regular order of business.


vote.

RECORD OF VOTE

Senator Ogden asked to be recorded as voting "Nay" on the passage of

CSSBi1005 to engrossment.



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 CSSBi1005 be placed on

its third reading and final passage.




Madla, Nelson, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams,

Zaffirini.

Nays:iiOgden, Ratliff, Wentworth.


Naysi1.

Nays:iiOgden.




Senator Williams moved to suspend the regular order of business to take up for


CSSB 833, Relating to the application of the Charitable Immunity and Liability

Act of 1987 to alumni associations and on-campus organizations.


RECORD OF VOTE

Senator Duncan asked to be recorded as "Present-not voting" on the suspension

of the regular order of business.


vote.

RECORD OF VOTE

Senator Duncan asked to be recorded as "Present-not voting" on the passage of




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 CSSBi833 be


The motion prevailed by the following vote:iiYeasi28, Naysi2, Present-not

votingi1.

Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Ellis,

Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla,

Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams,

Zaffirini.


Present-not voting:iiDuncan.


RECORD OF VOTE

Senator Duncan asked to be recorded as "Present-not voting" on the final passage

of CSSBi833.

(President in Chair)

RESOLUTION SIGNED

The President announced the signing of the following enrolled resolution in the

presence of the Senate:iiHCRi200.



Senator Gallegos moved to suspend the regular order of business to take up for

consideration SBi1288 at this time on its second reading:

SB 1288, Relating to military leave and military leave time accounts for certain

municipal firefighters and police officers.



Senator Gallegos offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend SB 1288 as follows:

On page 3, strike line 2 in its entirety and substitute in lieu thereof the following:

"SECTION 2.iiThis Act takes effect immediately if it receives a vote of

two-thirds of all the members elected to each house, as provided by Sectioni39,

ArticleiIII, Texas Constitution. If this Act does not receive the vote necessary for

immediate effect, this Act takes effect Septemberi1, 2003."

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

Senator Gallegos offered the following committee amendment to the bill:


Amend SB 1288 as follows:

(1)iiOn pagei1, linei22, insert the following between "holiday," and "or": "sick,".


Senator VanideiPutte offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 1288 (committee printing) in SECTIONi1 of the bill by striking the

language beginning with "SubchapteriG" and ending with "Sec. 143.1262." and

substituting "SubchapteriE, Chapteri143, Local Government Code, is amended by

adding Sectioni143.075 to read as follows:

Sec. 143.075."

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

On motion of Senator Gallegos and by unanimous consent, the caption was

amended to conform to the body of the bill as amended.

SB 1288 as amended was passed to engrossment by a viva voce vote.


Senator Gallegos moved that Senate Rule 7.18 and the Constitutional Rule

requiring bills to be read on three several days be suspended and that SBi1288 be










Naysi0.


Senator Carona moved to suspend the regular order of business to take up for


SB 1577, Relating to the consideration of compliance with the law and with

enforcement orders in the licensing of, and disciplinary action against, mortgage

brokers and loan officers.



vote.


Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule












Senator Staples moved to suspend the regular order of business to take up for


CSSB 521, Relating to the acquisition and regulation of manufactured homes.





Senator VanideiPutte moved to suspend the regular order of business to take up

for consideration SBi594 at this time on its second reading:

SB 594, Relating to the definition of an ambulatory surgical center.



vote.


Senator VanideiPutte moved that Senate Rule 7.18 and the Constitutional Rule









The bill was read third time and was passediby the following vote:iiYeasi31,

Naysi0.

SESSION TO CONSIDER EXECUTIVE APPOINTMENTS

The President announced the time had arrived to consider executive

appointments to agencies, boards, and commissions.iiNotice of submission of these

names for consideration was given yesterday by Senator Lindsay.

Senator Lindsay moved confirmation of the nominees reported yesterday by the

Committee on Nominations.

The President asked if there were requests to sever nominees.

There were no requests offered.

NOMINEES CONFIRMED

The following nominees, as reported by the Committee on Nominations, were

confirmed by the following vote:iiYeasi31, Naysi0.

Commissioner of Insurance:iiJoseiO. Montemayor, Travis County.

Presiding Officer, Texas Funeral Service Commission:iiHarry M. Whittington,

Travis County.

Members, Texas Funeral Service Commission:iiMartha Greenlaw, Harris

County; JaniceiB. Howard, Fort Bend County.

Member, Correctional Managed Health Care Committee:iiJames Dale

Griffin,iM.D., Dallas County.


Members, Texas School for the Blind and Visually Impaired Board:iiJesusiH.

Bautista, El Paso County; Gene Iran Brooks, Ph.D., Williamson County; Donna

Florence Vaden Clopton, Titus County; Otilio "Toby" Galindo, Tom Green County;

Deborah Louder, Tom Green County; FrankieiD. Swift, Nacogdoches County; Mary

Sue Welch, Dallas County; Jamie Lou Wheeler, Tarrant County.

Member, Texas Strategic Military Planning Commission:iiSamuel Loyd

Neal,iJr., Nueces County.

Members, Texas State Board of Acupuncture Examiners:iiSheng Ting "Sam"

Chen, Travis County; Hoang Xiong Ho, Bexar County; Terry Glenn Rascoe,iM.D.,

Bell County.

Members, On-site Wastewater Treatment Research Council:iiTherese M.

Baer,iP.E., Travis County; BarryiD. Bedwell, Randall County; John R. Blount, Harris

County; Sandra A. Cararas, Hidalgo County; Franz Kunkel Hiebert, Travis County;

Kosse Kyle Maykus, Tarrant County; Charles Montel Rutledge, Brazos County;

JamesiW. "Jim" Spence, Travis County; Timothy N. Taylor, Nacogdoches County;

CynthiaiD. Williams, Ector County.

Members, Texas Guaranteed Student Loan Corporation Board of

Directors:iiTommy James Brooks, Fort Bend County; Ruben E. Esquivel, Dallas

County; Morgan William Howard, Brazos County; Grace A. Shore, Gregg County.

Members, Risk Management Board:iiRonald D. Beals, M.D., Smith County;

MarthaiA. Rider, Harris County.

Public Counsel for the Office of Public Insurance Counsel:iiRoderick A. "Rod"

Bordelon,iJr., Travis County.

Members, Texas State Board of Examiners of Dietitians:iiCarol Barnett Davis,

Dallas County; Janet Suzanne Hall, Williamson County; Claudia L. Lisle, Randall

County.

GUESTS PRESENTED

Senator Estes was recognized and introduced to the Senate Bob Essary, Mayor of

the City of Bells; James Donohoe, Mayor of the City of Gunter; Bill Goodson, Mayor

of the City of Whitewright; and James Thorpe, Mayor of the City of Pottsboro;

accompanied by other city and county officials from Grayson County.



Senator VanideiPutte moved to suspend the regular order of business to take up

for consideration SBi100 at this time on its second reading:

SB 100, Relating to carbon monoxide detectors in certain child-care facilities and

family homes.




Senator VanideiPutte offered the following committee amendment to the bill:


Amend SB 100 (Introduced version) as follows:

(1)iiIn Section 1 of the bill, in added Section 42.060(b), Human Resources Code

(page 1, line 11), strike "Each" and substitute "Except as provided by Subsection (d),

each".

(2)iiIn Section 1 of the bill, after added Section 42.060(c), Human Resources

Code (page 1, between lines 16 and 17), insert a new Subsection (d) to read as

follows:

(d)iiA day-care center is exempt from the carbon monoxide detector

requirements prescribed by this section if the day-care center is located in a school

facility that is subject to the school facility standards adopted by the commissioner of

education under Section 46.008, Education Code, or similar safety standards adopted

by the board of a local school district.


On motion of Senator VanideiPutte and by unanimous consent, the caption was




Senator VanideiPutte moved that Senate Rule 7.18 and the Constitutional Rule











Senator Shapleigh moved to suspend the regular order of business to take up for


SB 606, Relating to a manifest system to record the transportation of certain

liquid wastes.



vote.



Senator Shapleigh moved that Senate Rule 7.18 and the Constitutional Rule









The bill was read third time and was passediby the following vote:iiYeasi31,

Naysi0.

(Senator Staples in Chair)

MOTION TO PLACE



Senator Fraser moved to suspend the regular order of business to take up for


CSSB 915, Relating to the method and source of funding for the State Aircraft

Pooling Board.

The motion was lost by the following vote:iiYeasi15, Naysi14, Present-not

votingi1. (Not receiving two-thirds vote of Members present)

Yeas:iiArmbrister, Barrientos, Bivins, Deuell, Estes, Fraser, Harris, Jackson,

Janek, Lucio, Madla, Nelson, Shapiro, VanideiPutte, Zaffirini.

Nays:iiAveritt, Brimer, Carona, Duncan, Ellis, Gallegos, Lindsay, Ogden, Ratliff,

Shapleigh, Wentworth, West, Whitmire, Williams.

Present-not voting:iiStaples.

Absent:iiHinojosa.




SB 51, Relating to a sexual assault program referral provided by a law

enforcement agency to certain victims.




(President in Chair)

Senator Zaffirini offered the following committee amendment to the bill:


Amend SB 51 in SECTION 1 of the bill, in added Articlei56.07(b), Code of

Criminal Procedure, as follows:

(1)iiOn page 2, line 13, strike "applicable" and substitute "the agency possesses

the relevant information".

(2)iiOn page 2, line 15, strike "shall" and substitute "may".

(3)iiOn page 2, line 16, strike "on the request of" and substitute "to".


On motion of Senator Zaffirini and by unanimous consent, the caption was




Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule

requiring bills to be read on three several days be suspended and that SBi51 be placed

on its third reading and final passage.








Naysi0.

GUEST PRESENTED

The President introduced to the Senate Joe M. Allbaugh, Director of the Federal

Emergency Management Agency.

The Senate welcomed its guest.





CSSB 155, Relating to the protection and use of public freshwater areas;

providing a penalty.



Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Carona, Deuell, Duncan, Ellis,

Estes, Fraser, Harris, Janek, Lindsay, Lucio, Madla, Nelson, Ratliff, Shapiro,

Shapleigh, Staples, VanideiPutte, Wentworth, West, Whitmire, Williams, Zaffirini.

Nays:iiBrimer, Jackson, Ogden.

Absent:iiGallegos, Hinojosa.


vote.

RECORD OF VOTE

Senator Ogden asked to be recorded as voting "Nay" on the passage of


SENATE RULES SUSPENDED

(Posting Rules)

On motion of Senator Shapleigh and by unanimous consent, Senate

Rulei11.10(a) and Senate Rulei11.18(a) were suspended in order that the Committee

on Veteran Affairs and Military Installations might meet and consider SBi1295 today.

SENATE RULES SUSPENDED

(Posting Rules)

On motion of Senator Nelson and by unanimous consent, Senate Rulei11.10(a)

and Senate Rulei11.18(a) were suspended in order that the Committee on Health and

Human Services might meet and consider the following bills today:

SBi245, SBi1553, SBi1744.

SENATE RULE 11.10(a) SUSPENDED

(Public Notice of Committee Meetings)

On motion of Senator Ellis and by unanimous consent, Senate Rulei11.10(a) was

suspended in order that the Committee on Government Organization might meet

today.

MOTION TO ADJOURN

On motion of Senator Whitmire and by unanimous consent, the Senate at

1:14ip.m. agreed to adjourn, upon conclusion of the Local and Uncontested Calendar

Session today, until 11:00ia.m. Tuesday, Aprili22, 2003.

RECESS

On motion of Senator Whitmire, the Senate at 1:15ip.m. recessed until 1:30ip.m.

today.

AFTER RECESS

The Senate met at 1:30 p.m. and was called to order by Senator Harris.


SESSION HELD FOR

LOCAL AND UNCONTESTED CALENDAR

The Presiding Officer announced that the time had arrived to consider bills and

resolutions placed on the Local and Uncontested Calendar. Notice of consideration of

the local calendar was given by Senator Harris yesterday.

Pursuant to Senate Rule 9.03(d), the following bills and resolutions were laid

before the Senate in the order listed, read second time, amended where applicable,

passed to engrossment or third reading, read third time, and passed. The votes on

suspension of the Constitutional Three-day Rule and final passage are indicated after

each caption.

CSSB 95 (West) Relating to the procedures under which a state agency considers

legislative intent during the process of implementing certain legislative enactments.

(31-0) (31-0)

(Senator Janek in Chair)

CSSB 139 (Lucio) Relating to designation of the structure between Port Isabel and

Padre Island as the Queen Isabella Memorial Bridge.

(31-0) (31-0)

SB 176 (Nelson) Relating to the offense of interference with an emergency telephone

call.

(31-0) (31-0)

CSSB 234 (Fraser) Relating to the authority of certain counties bordering Lake

Buchanan to impose a hotel occupancy tax.

(31-0) (31-0)

CSSB 287 (Ellis) Relating to changing the composition of certain state agency

governing bodies with an even number of members to comply with the changes made

to Section 30a, Article XVI, Texas Constitution.

(31-0) (31-0)

SB 325 (Armbrister) Relating to the implementation of a change in law imposing or

changing the amount of certain court costs and fees.

(31-0) (31-0)

SB 401 (VanideiPutte) Relating to testing certain public safety personnel for

accidental exposure to hepatitis B or hepatitis C.

(31-0) (31-0)

CSSB 420 (Nelson) Relating to county development districts; providing penalties.

(31-0) (31-0)

CSSB 600 (West) Relating to the reimbursement of compensation and expenses of

certain appointed counsel filing an application for a writ of habeas corpus in a capital

case.

(31-0) (31-0)


SB 613 (Nelson) Relating to the automatic suspension of the driver ’s license of a

person younger than 21 on conviction of an offense involving an abusable volatile

chemical.

(31-0) (31-0)

SB 631 (Harris) Relating to the suspension of sentence and the deferral of

adjudication in cases involving certain misdemeanor traffic offenses.

(31-0) (31-0)

Senator Harris offered the following committee amendment to the bill:


Amend SB 631 (introduced version) as follows:

(1)iiIn SECTION 1 of the bill, amended Article 45.051, Code of Criminal

Procedure (page 3, lines 10-19), strike proposed Subsections (f), (g), and (h) and

substitute:

(f)iiThis article does not apply to:

(1)iian offense to which Section 542.404 or 729.004(b), Transportation

Code, applies; or

(2)iia traffic offense committed by a person who holds a commercial driver ’slicense.

(2)iiIn SECTION 2 of the bill, amended Article 45.0511, Code of Criminal

Procedure (page 10, line 27, through page 11, line 12), strike proposed Subsections (s)

and (t) and substitute:

(s)iiThis article does not apply to an offense committed by a person who holds a

commercial driver ’s license. [Nothing in this article shall prevent a court from

assessing a special expense for deferred disposition in the same manner as provided

by Article 45.051. For a deferred disposition under Subsection (b)(1), the court may

only collect a fee of not more than $10 in addition to any applicable court cost.]


On motion of Senator Harris and by unanimous consent, the caption was


SB 640 (West) Relating to notice of the State of Texas of a claim against the School

Land Board.

(31-0) (31-0)

SB 643 (Wentworth) Relating to the dissolution of the Southeast Trinity Groundwater

Conservation District.

(31-0) (31-0)

CSSB 648 (Wentworth) Relating to the regulation of the practice of professional

engineering.

(31-0) (31-0)

CSSB 703 (Jackson) Relating to providing a uniform limit on the population of a

county election precinct.

(31-0) (31-0)


CSSB 704 (Jackson) Relating to the maximum inmate population of a facilityoperated by a city or county.(31-0) (31-0)

SB 719 (Madla) Relating to authorizing a defense base development authority to usealternative methods for contracting for public improvement projects.(31-0) (31-0)

SB 720 (Madla) Relating to the sale by defense base development authorities ofproperty located in an enterprise zone.(31-0) (31-0)

SB 726 (Wentworth) Relating to the purchasing and contracting authority of anappraisal district; providing penalties.(31-0) (31-0)

CSSB 733 (Ratliff) Relating to the purchase by certain local governments of an itemfrom a local vendor.(31-0) (31-0)

CSSB 745 (Williams) Relating to the creation, administration, powers, duties,operation, and financing of the East Montgomery County Municipal Utility DistrictNo. 4.(31-0) (31-0)

CSSB 775 (Averitt) Relating to the use of TexasOnline by state agencies.(31-0) (31-0)

CSSB 821 (Fraser) Relating to certain bonds issued by the Comanche CountyConsolidated Hospital District.(31-0) (31-0)

CSSB 842 (Carona) Relating to issuance of certain licenses by the Texas Board ofChiropractic Examiners.(31-0) (31-0)

CSSB 855 (Madla) Relating to funding of the Texas Wine Marketing AssistanceProgram.(31-0) (31-0)

SB 880 (Whitmire) Relating to the time allowed for disposition of certain chargesregarding a violation of parole or other forms of release from prison.(31-0) (31-0)

SB 917 (Whitmire) Relating to the time during which inmates may be considered forrelease on parole.(31-0) (31-0)

SB 940 (Jackson on behalf of Janek) Relating to the unauthorized use of toll roads incertain counties.(31-0) (31-0)

SB 957 (VanideiPutte) Relating to the maintenance at certain institutions of controlledsubstances and dangerous drugs in an emergency medication kit.(31-0) (31-0)


SB 984 (Wentworth) Relating to excepting a benefits appeals committee for a public

self-funded health plan from deliberating the medical or psychiatric records of an

individual applicant for a benefit in an open meeting.

(31-0) (31-0)

SB 985 (Wentworth) Relating to the definition of an energy emergency.

(31-0) (31-0)

SB 988 (Armbrister) Relating to application of law regulating sweepstakes to certain

associations of airmen.

(31-0) (31-0)

CSSB 1013 (Staples) Relating to the regulation of the practice of appraising real

property; providing administrative, civil, and criminal penalties.

(31-0) (31-0)

SB 1015 (Wentworth) Relating to the confidentiality of certain information submitted

for purposes of a crime victim impact statement.

(31-0) (31-0)

Senator Wentworth offered the following committee amendment to the bill:


Amend SB 1015 in SECTION 1 of the bill (introduced version page 1, lines

13-14), between "held by a" and "or filed with a court" by striking "law enforcement

agency or prosecutor" and substituting "governmental body".


On motion of Senator Wentworth and by unanimous consent, the caption was


CSSB 1022 (Madla) Relating to emergency services districts.

(31-0) (31-0)

SB 1050 (Nelson) Relating to the confidentiality of information associated with

family violence centers.

(31-0) (31-0)

SB 1051 (Nelson) Relating to the authority of the Texas Department of Human

Services to solicit and accept gifts, grants, and donations.

(31-0) (31-0)

SB 1070 (Jackson) Relating to the procedures of the Texas Workforce Commission.

(31-0) (31-0)

SB 1071 (Jackson) Relating to requirements for voluntary payments of unemployment

compensation contributions.

(31-0) (31-0)

SB 1072 (Jackson) Relating to judicial review of a Texas Workforce Commission

decision in an unemployment compensation proceeding.

(31-0) (31-0)


SB 1084 (Madla) Relating to interest-free loans from the Texas Water DevelopmentBoard for water districts in economically distressed areas.(31-0) (31-0)

SB 1087 (Staples) Relating to the appointment of notaries public.(31-0) (31-0)

CSSB 1091 (Shapiro) Relating to the composition of the Recycling MarketDevelopment Board and the termination of certain duties of the General Land Officerelating to the board and the recycling awareness campaign.(31-0) (31-0)

CSSB 1145 (Madla) Relating to programs in certain counties to divert certain personswith mental health disorders or mental retardation from incarceration to appropriateservices.(31-0) (31-0)

CSSB 1147 (Shapleigh) Relating to the functions of the State Office of AdministrativeHearings, including hearings functions transferred to the office from the TexasDepartment of Licensing and Regulation.(31-0) (31-0)

CSSB 1237 (Estes) Relating to license fees for certain nursing and convalescenthomes.(31-0) (31-0)

SB 1238 (Lucio) Relating to regulating leasing in manufactured home communities.(31-0) (31-0)

SB 1281 (Fraser) Relating to the rulemaking authority of the commissioner ofinsurance.(31-0) (31-0)

CSSB 1282 (Fraser) Relating to notice provided to certain entities that self-insure forworkers ’compensation purposes.(31-0) (31-0)

SB 1331 (Ratliff) Relating to procurement procedures for construction-relatedservices for public school districts, institutions of higher education, and the TexasBuilding and Procurement Commission.(31-0) (31-0)

CSSB 1356 (Nelson) Relating to the adoption of rules restricting the use of a medicalpractitioner ’s Federal Drug Enforcement Administration number.(31-0) (31-0)

CSSB 1373 (Shapiro) Relating to considering for school district accountabilitypurposes the performance of students confined by court order in a residential programor facility operated by or under contract with the Texas Youth Commission.(31-0) (31-0)

SB 1454 (Carona) Relating to regulation of frozen dessert products andmanufacturing.(31-0) (31-0)


SB 1484 (Ogden) Relating to the acceptance of organization reports and permitapplications and approval of certificates of compliance by the Railroad Commissionof Texas.(31-0) (31-0)

(Senator Harris in Chair)

CSSB 1526 (Brimer) Relating to collection and use of information in connection withlicensing regarding a retail installment transaction involving a motor vehicle.(31-0) (31-0)

CSSB 1578 (Carona) Relating to a prelicense test requirement for mortgage brokerapplicants.(31-0) (31-0)

CSSB 1580 (Wentworth) Relating to bond requirements for privatized maintenancecontracts.(31-0) (31-0)

CSSB 1603 (Ellis) Relating to charitable contributions by state employees to theGeneral Land Office ’s Adopt-A-Map/Adopt-A-Document Program.(31-0) (31-0)

SB 1624 (Bivins) Relating to security requirements for the deposit of school districtfunds.(31-0) (31-0)

SB 1666 (Averitt) Relating to the definition of financial institution.(31-0) (31-0)

CSSB 1667 (Averitt) Relating to authorization of Federal Bureau of Investigationbackground checks and access to criminal history record information for mortgagebroker and loan officer license applicants.(31-0) (31-0)

CSSB 1668 (Averitt) Relating to the sale of insurance by financial institutionsemployed by a trustee.(31-0) (31-0)

CSSB 1705 (Wentworth) Relating to the authority of certain taxing entities to repealthe local sales and use tax exemption for telecommunications services.(31-0) (31-0)

SB 1714 (Wentworth) Relating to the designation of Farm-to-Market Road 1535between Fort Sam Houston and Camp Bullis as the Second Indian Head DivisionMemorial Highway.(31-0) (31-0)

SB 1765 (Deuell) Relating to zoning around Lake Ralph Hall.(31-0) (31-0)

SB 1877 (Madla) Relating to the election of directors and validation of acts of thegoverning board of the Real-Edwards Conservation and Reclamation District.(31-0) (31-0)


CSSCR 27 (Madla) Requesting that the Texas Legislative Council schedule a revision

of the Alcoholic Beverage Code during the next interim.

(viva voce vote)

BILLS REMOVED FROM

LOCAL AND UNCONTESTED CALENDAR

Senator Gallegos and Senator Harris requested in writing that SBi308 be

removed from the Local and Uncontested Calendar.

Senator VanideiPutte and Senator Harris requested in writing that CSSBi402 be


Senator Armbrister and Senator Harris requested in writing that SBi838 be


Senator VanideiPutte and Senator Harris requested in writing that SBi983 be


Senator Staples and Senator Fraser requested in writing that SBi1088 be removed

from the Local and Uncontested Calendar.

Senator Deuell and Senator Harris requested in writing that SBi1412 be removed

from the Local and Uncontested Calendar.

Senator Fraser and Senator Harris requested in writing that CSSBi1583 be


RESOLUTION SIGNED

The Presiding Officer, Senator Harris in Chair, announced the signing of the

following enrolled resolution in the presence of the Senate:iiSCR 42.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Congratulatory Resolutions

SR 628 by Ellis, Commending National Women of Achievement, Incorporated,

Houston Chapter, for its commitment to community service.

SR 629 by Ellis, Congratulating Charley Porter "C. P." Pettis on his 87th birthday.

SR 630 by West, Recognizing Jubilee Theatre in Fort Worth on its 22nd birthday.

SR 631 by West, Commending Bryan Allen Erwin, Jr., of Grand Saline for achieving

the rank of Eagle Scout.

SR 632 by Shapleigh, Commending Shoshana N. Johnson of El Paso for her service

to her country.

SR 633 by Madla, Recognizing the Val Verde Correctional Facility in Del Rio for its

accreditation by the National Commission on Correctional Health Care.

SR 635 by Barrientos, Commending Judy Shepard, executive director of the Matthew

Shepard Foundation, for her leadership in the effort to end hate crimes.


Official Designation Resolution

SR 634 by VanideiPutte, Declaring the Champions of Texas BBQ Cookoff at AustinParksFest as the Texas State BBQ Championship competition.

ADJOURNMENT

Pursuant to a previously adopted motion, the Senate at 2:05ip.m. adjourned until11:00ia.m. Tuesday, Aprili22, 2003.

AAAPPENDIXAA

COMMITTEE REPORTS

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

April 16, 2003

INFRASTRUCTURE DEVELOPMENT AND SECURITYi—iCSSB 233,CSSBi1348, CSSB 1445, CSSB 1715

BUSINESS AND COMMERCEi—iSB 1347, SB 1647, CSSB 1380

CRIMINAL JUSTICEi—iSB 1306, SB 1179, SBi1054, SBi1794, SBi837, SBi686,SBi110, SBi97, SBi1896

JURISPRUDENCEi—iCSSB 1781, CSSB 604, CSSBi1797, CSSBi1206,CSSBi828, CSSBi1564

BUSINESS AND COMMERCEi—iCSSB 1605

SENT TO GOVERNOR

April 16, 2003

SB 868, SCR 42

SIGNED BY GOVERNOR

April 16, 2003

SCRi42


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