HOUSE JOURNAL · Tuesday, April 17, 2001 HOUSE JOURNAL — 53rd Day 1133 HR 452 - ADOPTED (by...

Tuesday, April 17, 2001 HOUSE JOURNAL — 53rd Day 1131

HOUSE JOURNALSEVENTY-SEVENTH LEGISLATURE, REGULAR SESSION

PROCEEDINGS

FIFTY-THIRD DAY — TUESDAY, APRIL 17, 2001

The house met at 10 a.m. and was called to order by the speaker.

The roll of the house was called and a quorum was announced present(Record 133).

Present — Mr. Speaker; Alexander; Allen; Averitt; Bailey; Berman; Bonnen;Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Callegari; Capelo; Carter;Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb;Craddick; Crownover; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel;Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis;Farabee; Farrar; Flores; Gallego; Garcia; George; Geren; Giddings; Glaze;Goodman; Goolsby; Gray; Green; Grusendorf; Gutierrez; Haggerty; Hamric;Hardcastle; Hartnett; Hawley; Heflin; Hill; Hinojosa; Hochberg; Hodge; Homer;Hope; Hopson; Howard; Hunter; Hupp; Isett; Janek; Jones, D.; Jones, E.;Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Kitchen; Kolkhorst; Krusee;Kuempel; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant;Martinez Fischer; Maxey; McCall; McClendon; McReynolds; Menendez;Merritt; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon;Noriega; Oliveira; Olivo; Pickett; Pitts; Puente; Ramsay; Rangel; Raymond;Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Smith; Smithee;Solis; Solomons; Swinford; Talton; Telford; Thompson; Tillery; Turner, B.;Turner, S.; Uher; Uresti; Villarreal; Walker; West; Williams; Wilson; Wise;Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Absent, Excused — Hilbert; Hilderbran; Miller; Truitt.

The invocation was offered by Reverend Terry Gayle, pastor, UniversityBaptist Church, San Antonio, as follows:

Our heavenly Father, we begin this day together by thanking you andpraising you for all your blessings. We are reminded that we live from breathto breath and every breath is a gift from you. Let us not take your goodnessto us for granted. You are truly our heavenly Father who is able to supplyour every need.

I thank you for every man and woman in this house and for their workon behalf of our great State of Texas. Because we are weak and frail, I wantto lift up before you each member for your guidance, strength, and protection.Some here are going through adversity at this very time. Some have familyproblems; some are struggling with personal strongholds that enslave them.Some are discouraged; some are stressed over the future; some are uncertainabout what decisions to make. And because you are the sovereign God, withall knowledge and power, all love, and because you care about every detail ofour lives, I want to lift these here today up before your throne of grace. Makeus ever aware that you are the Lord God and nothing is impossible for you.We confess that apart from you we can do nothing.

Thank you for hearing our prayer. We pray in the name of Jesus. Amen.

1132 77th LEGISLATURE — REGULAR SESSION

LEAVES OF ABSENCE GRANTED

The following member was granted leave of absence for today becauseof important business in the district:

Miller on motion of Hopson.

The following members were granted leave of absence for today becauseof illness:

Hilbert on motion of Haggerty.

Truitt on motion of T. King.

The following member was granted leave of absence temporarily fortoday to attend a funeral:

Hilderbran on motion of McCall.

MESSAGE FROM THE SENATE

A message from the senate was received at this time (see the addendumto the daily journal, Messages from the Senate, Message No. 1).

CAPITOL PHYSICIAN

The speaker recognized Representative Luna who presented Dr. JohnWhitham of Corpus Christi as the "Doctor for the Day."

The house welcomed Dr. Whitham and thanked him for his participationin the Physician of the Day Program sponsored by the Texas Academy ofFamily Physicians.

(Speaker pro tempore in the chair)

INTRODUCTION OF GUESTS

The chair recognized Representative Yarbrough, who introduced theRobotics Team from Booker T. Washington High School and their principal,Mr. Franklin Wesley.

HR 753 - ADOPTED(by Kolkhorst)

Representative Kolkhorst moved to suspend all necessary rules to take upand consider at this time HR 753.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 753, In memory of Matthew Gaines of Washington County.

HR 753 was read and was unanimously adopted by a rising vote.


The chair recognized Representative Kolkhorst, who introduced Dr. MerlinePitrie, acting dean of Texas Southern University; Professor Richard Stadelmannof the Washington County Historical Society; and Curtis McDonald, chemistryprofessor at Texas Southern University.


HR 452 - ADOPTED(by Geren, et al.)

Representative Geren moved to suspend all necessary rules to take up andconsider at this time HR 452.



HR 452, In memory of John Sullivan Justin, Jr., of Fort Worth.

HR 452 was unanimously adopted by a rising vote.

HR 738 - ADOPTED(by Green)

Representative Green moved to suspend all necessary rules to take up andconsider at this time HR 738.



HR 738, Congratulating James Fuschak of Wimberley on winning theNational Championship Finals in the Coca-Cola Classic bowling tournament.

HR 738 was read and was adopted without objection.


The chair recognized Representative Green, who introduced James Fuschak,his family and his coach.



HR 658 - ADOPTED(by Talton)

Representative Talton moved to suspend all necessary rules to take up andconsider at this time HR 658.



HR 658, Commemorating the 53rd anniversary of the naming of thebattleship Texas as the flagship of the Texas Navy.


HR 737 - ADOPTED(by Hill)

Representative Hill moved to suspend all necessary rules to take up andconsider at this time HR 737.




HR 737, Honoring John Andrew Mabry of Garland on his retirement fromthe comptroller of public accounts.

HR 737 was adopted without objection.

HR 699 - ADOPTED(by Ellis)

Representative Ellis moved to suspend all necessary rules to take up andconsider at this time HR 699.



HR 699, Honoring Shannon Marie Clancy for being named Miss TylerCounty 2001.



The chair recognized Representative Ellis, who introduced Shannon MarieClancy, Miss Tyler County 2001, and her family.

HR 747 - ADOPTED(by Goolsby)

Representative Goolsby moved to suspend all necessary rules to take upand consider at this time HR 747.



HR 747, Congratulating Central Insurance Companies on its 125thanniversary.

HR 747 was adopted without objection.

(Speaker in the chair)

HR 679 - ADOPTED(by Flores, Luna, Keel, and E. Jones)

Representative Flores moved to suspend all necessary rules to take upand consider at this time HR 679.



HR 679, Congratulating The Legends for receiving the 2001 GrammyAward for Best Tejano Album for Que Es Musica Tejana?


On motion of Representative Edwards, the names of all the members ofthe house were added to HR 679 as signers thereof.



The speaker recognized Representative Flores, who introduced TheLegends, 2001 Grammy Award winners for Best Tejano Album.

(McClendon in the chair)

HR 751 - ADOPTED(by Hodge)

Representative Hodge moved to suspend all necessary rules to take upand consider at this time HR 751.



HR 751, Commending Lauren Banks of Dallas as she serves as anhonorary page on April 17, 2001.


On motion of Representative Hochberg, the names of all the members ofthe house were added to HR 751 as signers thereof.


The chair recognized Representative Hodge, who introduced LaurenBanks and her family.


The chair recognized Representative Howard, who introduced DetectiveElmo C. Cepeda; Assistant Chief of Police Robert Neil "Bob" Rack; andCorporal Afton Lamar Lawson, Jr.

HR 323, honoring Detective Elmo C. Cepeda on his retirement from theMissouri City Police Department, having been previously adopted, was read.

HR 324, honoring Assistant Chief of Police Robert Neil "Bob" Rack ofMissouri City on his retirement, having been previously adopted, was read.

HR 338, congratulating Corporal Afton Lamar Lawson, Jr., on hisretirement from the Missouri City Police Department, having been previouslyadopted, was read.


REGULAR ORDER OF BUSINESS SUSPENDED

On motion of Representative Edwards and by unanimous consent, thereading and referral of bills was postponed until just prior to adjournment.

PROVIDING FOR A CONGRATULATORYAND MEMORIAL CALENDAR

Representative Edwards moved to set a congratulatory and memorialcalendar for 10 a.m. Friday, April 20.



PROVIDING FOR A LOCAL, CONSENT,AND RESOLUTIONS CALENDAR

Representative Y. Davis moved to set a local, consent, and resolutionscalendar for 10 a.m. Friday, April 20.


POSTPONED BUSINESS

The following bill was laid before the house as postponed business:

SB 923 ON SECOND READING(Goolsby - House Sponsor)

SB 923, A bill to be entitled An Act relating to the prosecution of theoffense of fraudulent destruction, removal, or concealment of a universalproduct code.

SB 923 was considered in lieu of HB 376

SB 923 was read second time and passed to third reading.

HB 376 - LAID ON THE TABLE SUBJECT TO CALL

Representative Goolsby moved to lay HB 376 on the table subject to call.


CONSTITUTIONAL AMENDMENTS CALENDARHOUSE JOINT RESOLUTIONS

SECOND READING

The following resolution was laid before the house and read second time:

CSHJR 52 ON SECOND READING(by Cook)

CSHJR 52, A joint resolution proposing a constitutional amendmentclearing land titles by relinquishing and releasing any claim of sovereignownership or title to an interest in certain lands in Bastrop County.

A record vote was requested.

CSHJR 52 was adopted by (Record 134): 140 Yeas, 1 Nay, 1 Present, notvoting.

Yeas — Alexander; Allen; Averitt; Bailey; Berman; Bonnen; Brimer;Brown, B.; Brown, F.; Burnam; Callegari; Capelo; Carter; Chisum; Christian;Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; Danburg;Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton;Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego;Garcia; George; Geren; Giddings; Glaze; Goodman; Goolsby; Gray; Green;Grusendorf; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hill;Hinojosa; Hochberg; Hodge; Homer; Hope; Hopson; Howard; Hunter; Hupp;Isett; Janek; Jones, D.; Jones, E.; Jones, J.; Junell; Keel; Keffer; King, P.;King, T.; Kitchen; Kolkhorst; Krusee; Kuempel; Lewis, G.; Lewis, R.; Longoria;Luna; Madden; Marchant; Martinez Fischer; Maxey; McCall; McClendon;


McReynolds; Menendez; Merritt; Moreno, J.; Moreno, P.; Morrison; Mowery;Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Pickett; Pitts; Puente;Ramsay; Rangel; Raymond; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas;Seaman; Smith; Smithee; Solis; Solomons; Swinford; Talton; Telford;Thompson; Tillery; Turner, B.; Turner, S.; Uher; Uresti; Villarreal; Walker;West; Williams; Wilson; Wise; Wolens; Woolley; Yarbrough; Zbranek.

Nay — Shields.

Present, not voting — Mr. Speaker(C).


Absent — Bosse; Chavez; Gutierrez; Wohlgemuth.

GENERAL STATE CALENDARSENATE BILLS

THIRD READING

The following bill was laid before the house and read third time:

SB 302 ON THIRD READING(McCall - House Sponsor)

SB 302, A bill to be entitled An Act relating to the continuation of theState Pension Review Board and to functions performed by the board.

SB 302 was passed.

GENERAL STATE CALENDARHOUSE BILLS

SECOND READING

The following bills were laid before the house and read second time:

CSHB 2 ON SECOND READING(by Gallego, Danburg, Madden, Swinford, Junell, et al.)

CSHB 2, A bill to be entitled An Act relating to the regulation of certainpolitical contributions, political expenditures, and political advertising; providingcivil and criminal penalties.

Amendment No. 1

Representative Denny offered the following amendment to CSHB 2:

Amend CSHB 2 by striking all below the enacting clause and substitutingthe following:

SECTION 1. Section 251.001, Election Code, is amended by amendingSubdivisions (2) and (8) and adding Subdivisions (21) and (22) to read asfollows:

(2) "Contribution" means a direct or indirect transfer of money, goods,services, or any other thing of value and includes an agreement made or otherobligation incurred, whether legally enforceable or not, to make a transfer. Theterm includes a loan or extension of credit, other than those expressly excludedby this subdivision, and a guarantee of a loan or extension of credit, includinga loan described by this subdivision. The term does not include:


(A) a loan made in the due course of business by acorporation that is legally engaged in the business of lending money and thathas conducted the business continuously for more than one year before the loanis made; [or]

(B) an expenditure required to be reported under Section305.006(b), Government Code; or

(C) the value of services provided without compensation byany individual who volunteers on behalf of a candidate, officeholder, or politicalcommittee.

(8) "Direct campaign expenditure" means an expenditure by a personfor, or related to, political advertising that contains express advocacy and is notmade with the cooperation of, in consultation with, in concert with, or at therequest or suggestion of a candidate or officeholder or any agent or politicalcommittee controlled by the candidate or officeholder. Political advertising ismade with the cooperation of, in consultation with, in concert with, or at therequest or suggestion of a candidate or officeholder or any agent or politicalcommittee controlled by the candidate or officeholder only if it is a coordinatedgeneral public political communication as defined by this section [a campaignexpenditure that does not constitute a campaign contribution by the personmaking the expenditure].

(21) "Coordinated general public political communication" meanspolitical advertising that is:

(A) paid for by a person other than a candidate orofficeholder or a political committee controlled by the candidate or officeholder;and

(B) created, produced, or distributed:(i) at the explicit request or suggestion of the

candidate or officeholder or a political committee controlled by or an authorizedagent of the candidate or officeholder;

(ii) after the candidate or officeholder or thecandidate's agent has exercised control or decision-making authority over thecontent, timing, location, mode, intended audience, volume of distribution, orfrequency of placement of the communication; or

(iii) after substantial discussion or negotiationbetween the creator, producer, or distributor of the communication, or theperson paying for the communication, and the candidate or officeholder or apolitical committee controlled by or authorized agent of the candidate orofficeholder regarding the content, timing, location, mode, intended audience,volume of distribution, or frequency of placement of the communication, theresult of which is substantial collaboration or agreement amounting to apartnership or joint venture between the other person and the candidate orofficeholder with respect to the political communication.

(22) "Express advocacy" means a communication that advocates theelection or defeat of a clearly identified candidate or officeholder or measureby containing a word or phrase such as "vote for," "reelect," "support," "castyour ballot for," "(name of candidate) for legislature," "(name of candidate ormeasure) in 2002," "vote against," "defeat," or "reject."

SECTION 2. Section 251.005, Election Code, is amended to read asfollows:


Sec. 251.005. ELECTRONIC FILING FOR OUT-OF-STATECOMMITTEES [EXCLUDED]. (a) An out-of-state political committee thatfiles reports with the Federal Election Commission or with the election authorityof another state is not required to file such reports with the Texas EthicsCommission if all of the committee's reports are available electronically. Anout-of-state political committee that elects not to file reports with the TexasEthics Commission shall file a one-page notice with the commission statingthat:

(1) the committee files reports with the Federal Election Commissionor with the election authority of another state; and

(2) those reports include contributions or expenditures made by thecommittee in connection with elections in Texas. [An out-of-state politicalcommittee is not subject to Chapter 252 or 254, except as provided bySubsection (b) or (c).]

(b) A report filed with another state is not considered to be availableelectronically under Subsection (a) if the Texas Ethics Commission determinesthat the disclosure requirements of the other state are less than the disclosurerequirements of this state [If an out-of-state committee decides to file acampaign treasurer appointment under Chapter 252, at the time the appointmentis filed the committee becomes subject to this title to the same extent as apolitical committee that is not an out-of-state committee.

[(c) If an out-of-state committee performs an activity that removes thecommittee from out-of-state status as defined by Section 251.001(15), thecommittee becomes subject to this title to the same extent as a politicalcommittee that is not an out-of-state committee].

SECTION 3. Subchapter A, Chapter 251, Election Code, is amended byadding Section 251.010 to read as follows:

Sec. 251.010. PROTECTION OF INFORMATION. (a) Recognizing thatcontributor information required to be included in reports required by Chapter254 is proprietary information having substantial value, no information obtainedfrom any reports required to be maintained or filed under this title may, withoutthe express written consent of the filer, be sold or used by any person otherthan the filer:

(1) for soliciting contributions for any purpose; or(2) for any commercial purposes.

(b) The use of information that is copied or otherwise obtained fromreports filed under this title in newspapers, magazines, books, or other similarcommunications is permissible if the principal purpose of the communicationis to educate the public and not to communicate any contributor informationlisted on the reports for the purpose of soliciting contributions or for othercommercial purposes.

(c) A person required to report contributions under Chapter 254 maysubmit up to 10 pseudonyms on each report filed in order to protect againstillegal use of names and addresses of contributors provided that the total amountof fictitious contributions does not exceed the greater of five percent ofcontributions reported or $2,500. If a filer uses pseudonyms, the filer shallsubtract the total dollar amount of the fictitious contributions from the total ofunitemized contributions required to be reported under Section 254.031(a)(6).


Any filer who uses pseudonyms shall submit a list of the pseudonyms andamounts contributed separately to the commission on or before the date onwhich the report containing the fictitious names is filed. The commission shallexclude the list of pseudonyms from the public records, and the list shall bekept confidential by the commission and may not be disclosed to the publicfor any reason without the express written consent of the filer.

(d) In addition to any penalties imposed by the commission, any personfound to have violated Subsection (a) or (c) shall be liable in damages to theperson filing the report. In this subsection, "damages" means the fair marketvalue of the contributor information improperly used and the reasonableattorney's fees incurred by the filer. In addition to damages, the person filingthe report shall be entitled as a matter of right to an injunction prohibiting aviolation of this section and an order recovering reasonable attorney's feesincurred to obtain the injunctive relief from any district court in this state.

(e) A filer may not use this section for the purpose of circumventing thereporting requirements of this title by materially inflating the amount ofcontributions reported by the filer.

SECTION 4. Subsection (a), Section 252.003, Election Code, is amendedto read as follows:

(a) In addition to the information required by Section 252.002, a campaigntreasurer appointment by a general-purpose committee must include:

(1) the full name, and any acronym of the name that will be used inthe name of the committee as provided by Subsection (d), of each corporation,labor organization, or other association or legal entity that directly establishes,administers, or controls the committee, if applicable, or the name of each personwho determines to whom the committee makes contributions or the name ofeach person who determines for what purposes the committee makesexpenditures; and

(2) [the full name and address of each general-purpose committee towhom the committee intends to make political contributions; and

[(3)] the name of the committee and, if the name is an acronym, thewords the acronym represents.

SECTION 5. Subchapter A, Chapter 253, Election Code, is amended byadding Section 253.006 to read as follows:

Sec. 253.006. COERCION PROHIBITED. (a) A person, including acandidate, officeholder, or political committee, commits an offense if the personuses or threatens to use physical force, job discrimination, or financial reprisalto obtain a contribution or other thing of value to be used to influence the resultof an election or to assist an officeholder.

(b) A candidate, officeholder, or political committee commits an offenseif the person accepts or uses money or any other thing of value that is knownby the candidate or officeholder or by an officer of the political committee, oran individual who causes the political committee to accept or use the moneyor other thing of value, to have been obtained in violation of Subsection (a).

(c) An offense under this section is a felony of the third degree.SECTION 6. Section 253.031, Election Code, is amended to read as

follows:Sec. 253.031. CONTRIBUTION AND EXPENDITURE WITHOUT


CAMPAIGN TREASURER PROHIBITED. (a) A candidate may notknowingly accept a campaign contribution or make or authorize a campaignexpenditure at a time when a campaign treasurer appointment for the candidateis not in effect.

(b) A political committee may not knowingly accept political contributionstotaling more than $500 or make or authorize political expenditures totalingmore than $500 at a time when a campaign treasurer appointment for thecommittee is not in effect.

(c) A political committee that files its appointment of treasurer within 30days before an election may not knowingly make or authorize a campaigncontribution or campaign expenditure supporting or opposing a candidate foran office specified by Section 252.005(1) in a primary or general election unlessthe committee files within 48 hours after such appointment of treasurer a reportthat contains the information required by Chapter 254 covering the periodthrough the date the committee's appointment of [campaign] treasurer was[appointment has been] filed [not later than the 30th day before the appropriateelection day].

(d) This section does not apply to a political party's county executivecommittee that accepts political contributions or makes political expenditures,except that:

(1) a county executive committee that accepts political contributionsor makes political expenditures shall maintain the records required by Section254.001; and

(2) a county executive committee that accepts political contributionsor makes political expenditures that, in the aggregate, exceed $5,000 in acalendar year shall file:

(A) a campaign treasurer appointment as required by Section252.001 not later than the 15th day after the date that amount is exceeded; and

(B) the reports required by Subchapter F, Chapter 254,including in the political committee's first report all political contributionsaccepted and all political expenditures made before the effective date of thecampaign treasurer appointment.

(e) This section does not apply to an out-of-state political committee unlessthe committee meets the requirements of [is subject to Chapter 252 under]Section 251.005.

(f) A person who violates this section commits an offense. An offenseunder this section is a Class A misdemeanor.


Sec. 253.033. CASH CONTRIBUTIONS EXCEEDING $100PROHIBITED; ANONYMOUS CONTRIBUTIONS. (a) A candidate,officeholder, or specific-purpose committee may not knowingly accept from acontributor in a reporting period political contributions in cash that in theaggregate exceed $100.

(b) A candidate, officeholder, or political committee that receives ananonymous cash contribution in excess of $50 shall promptly disburse theamount over $50 to one or more of the entities listed in Section 254.204(a)(1),(3), (5), or (6). Anonymous cash contributions of $50 or less may be used bythe candidate, officeholder, or political committee for any lawful purpose.


(c) A person who violates this section commits an offense. An offenseunder this section is a Class A misdemeanor.

SECTION 8. Subsections (b) and (e), Section 253.042, Election Code, areamended to read as follows:

(b) A candidate or officeholder who accepts one or more politicalcontributions in the form of loans, including an extension of credit or aguarantee of a loan or extension of credit, from one or more persons relatedto the candidate or officeholder within the second degree by affinity orconsanguinity as determined under Chapter 573, Government Code, may notuse political contributions to repay the loans in amounts that in the aggregateexceed the amount prescribed by Subsection (a). A candidate or officeholdermay not use political contributions, in amounts that in the aggregate exceed theamount prescribed by Subsection (a), to repay any other loan or extension ofcredit for which the candidate or officeholder is personally liable or is obligatedor that the candidate or officeholder guarantees.

(e) This section does not prohibit the payment of interest at a commerciallyreasonable rate on loans covered by this section from a financial institution. Acandidate or officeholder may not use political contributions to pay [at acommercially reasonable rate, except that] interest on loans from a candidate'sor officeholder's personal funds or on loans from the personal funds of anyperson related to the candidate or officeholder within the second degree byaffinity or consanguinity [is included in the amount prescribed by Subsection(a), (b), or (c)].


Sec. 253.063. TRAVEL EXPENSE. Unreimbursed travel expensesincurred by an individual shall not be considered a contribution or a [A] directcampaign expenditure and shall not be reportable under this subchapter orChapter 254 [consisting of personal travel expenses incurred by an individualmay be made without complying with Section 253.062(a)(1)].

SECTION 10. Section 253.098, Election Code, is amended by amendingSubsection (b) and adding Subsection (c) to read as follows:

(b) A corporation or labor organization may make one or more campaignexpenditures from its own property for the purpose of permitting a candidateto appear and speak at a meeting of its directors, officers, stockholders, ormembers, as applicable, or of the families of its directors, officers, stockholders,or members. A corporation or labor organization may not make an expenditureunder this subsection for transportation or lodging.

(c) An expenditure under this section is not reportable under Chapter 254.SECTION 11. Subchapter D, Chapter 253, Election Code, is amended by

adding Section 253.105 to read as follows:Sec. 253.105. CONTRIBUTION BY PARTNERSHIP OR LIMITED

LIABILITY COMPANY. This subchapter does not prohibit a politicalcontribution made by a partnership or limited liability company if thecontribution is not charged to the profits, interest, or capital account of a partneror member that is a corporation covered by Section 253.091.

SECTION 12. Section 253.162, Election Code, is amended by amendingSubsections (b), (c), and (d) and adding Subsections (e) and (f) to read asfollows:


(b) A judicial candidate or officeholder may not:(1) use political contributions to repay a loan [who accepts one or

more political contributions in the form of loans], including an extension ofcredit or a guarantee of a loan or extension of credit, from one or more personsrelated to the candidate or officeholder within the second degree byconsanguinity, as determined under [Subchapter B,] Chapter 573, GovernmentCode; or

(2) use political contributions, in amounts that in the aggregate exceedthe amount prescribed by Subsection (a), to repay any other loan or extensionof credit for which the candidate or officeholder is personally liable or isobligated or that the candidate or officeholder guarantees[, may not use politicalcontributions to repay the loans].

(c) The total amount of both reimbursements under Subsection (a) andrepayments under Subsection (b)(2) made by a judicial candidate or officeholdermay not exceed the amount prescribed by Subsection (a).

(d) A person who is both a candidate and an officeholder may reimbursethe person's personal funds or repay loans from political contributions only inone capacity.

(e) This section does not prohibit the payment of interest at a commerciallyreasonable rate on loans covered by this section from a financial institution. Ajudicial candidate or officeholder may not use political contributions to payinterest on loans from a candidate's or officeholder's personal funds or on loansfrom the personal funds of any person related to the candidate or officeholderwithin the second degree by affinity or consanguinity.

(f) [(d)] A person who violates this section is liable for a civil penalty notto exceed three times the amount by which the reimbursement made in violationof this section exceeds the applicable limit prescribed by Subsection (a).

SECTION 13. Subsection (a), Section 254.031, Election Code, is amendedto read as follows:

(a) Except as otherwise provided by this chapter, each report filed underthis chapter must include:

(1) the amount of political contributions from each person that in theaggregate exceed $100 [$50] and that are accepted during the reporting periodby the person or committee required to file a report under this chapter, the fullname and address of the person making the contributions, and the dates of thecontributions, and:

(A) if the contribution is an in-kind contribution, a descriptionof the property or services contributed; and

(B) with respect to contributions, other than contributionssubject to Section 254.151(9), made by any partnership, limited liabilitycompany, professional corporation, or professional association, the name of eachpartner, member, or shareholder, as applicable, whose interest in the entity'sprofits has been charged by the contribution;

(2) for each individual from whom the person or committee requiredto file the report has accepted political contributions that in the aggregate exceed$500 and that are accepted during the reporting period:

(A) the individual's principal occupation or job title; and(B) the full name of the individual's employer, if any;


(3) the original principal amount of loans that are made during thereporting period for campaign or officeholder purposes to the person orcommittee required to file the report and that in the aggregate exceed $100[$50], the dates the loans are made, the interest rate, the maturity date, the typeof collateral for the loans, if any, the full name and address of the person orfinancial institution making the loans, the full name and address, principaloccupation, and name of the employer of each guarantor of the loans, theamount of the loans guaranteed by each guarantor, and on a separate schedulethe full name and address of the person or financial institution making eachloan, the date each loan was made, the original principal amount of each loan,and the [aggregate] principal amount of each [all] outstanding loan [loans] asof the last day of the reporting period;

(4) [(3)] the amount of political expenditures that in the aggregateexceed $100 [$50] and that are made during the reporting period, the full nameand address of the persons to whom the expenditures are made, and the datesand purposes of the expenditures;

(5) [(4)] the amount of each payment made during the reporting periodfrom a political contribution if the payment is not a political expenditure, thefull name and address of the person to whom the payment is made, and thedate and purpose of the payment;

(6) [(5)] the total amount or a specific listing of the politicalcontributions of $100 [$50] or less accepted and the total amount or a specificlisting of the political expenditures of $100 [$50] or less made during thereporting period;

(7) [(6)] the total amount of all political contributions accepted and thetotal amount of all political expenditures made during the reporting period;[and]

(8) [(7)] the name of each candidate or officeholder who benefits froma direct campaign expenditure made during the reporting period by the personor committee required to file the report, and the office sought or held, excludinga direct campaign expenditure that is made by the principal political committeeof a political party on behalf of a slate of two or more nominees of that party;and

(9) the total amount of funds, including interest or other income,maintained in one or more accounts in which political contributions aredeposited as of the last day of the reporting period.

SECTION 14. Subchapter B, Chapter 254, Election Code, is amended byadding Sections 254.0312 and 254.0313 to read as follows:

Sec. 254.0312. BEST EFFORTS. (a) A person required to file a reportunder this chapter is considered to have used best efforts to obtain, maintain,and report the information required by Section 254.031(a)(2) if the person orthe person's campaign treasurer complies with this section.

(b) Each written solicitation for political contributions from an individualmust include:

(1) a request for the individual's full name and address, the individual'sprincipal occupation or job title, and the full name of the individual's employer;and

(2) a statement of state law regarding the collection and reporting ofindividual contributor information, such as:


(A) "State law requires (a candidate, officeholder, orcommittee, as applicable) to use best efforts to request and report the fullname and address, principal occupation or job title, and full name ofemployer of individuals whose contributions exceed $500 in a reportingperiod."; or

(B) "To comply with state law, (a candidate, officeholder, orcommittee, as applicable) must use best efforts to request, maintain, and reportthe full name and address, principal occupation or job title, and full nameof employer of individuals whose contributions exceed $500 in a reportingperiod."

(c) For each political contribution received from an individual which,when aggregated with all other political contributions received from theindividual during the reporting period, exceeds $500 and for which theinformation required by Section 254.031(a)(2) is not provided, the personmust make at least one oral or written request for the missing information.A request under this subsection:

(1) must be made not later than the 30th day after the date thecontribution is received; and

(2) may not be made in conjunction with a solicitation for anadditional political contribution.

(d) A request under Subsection (c) that is made in writing must includea clear and conspicuous statement that complies with Subsection (b)(2) anda preaddressed envelope or postcard for responding to the request. A requestthat is made orally must be documented in writing.

(e) A person must report any information required by Section254.031(a)(2) that is not provided by the individual making the contributionand that the person has in the person's records of political contributions orprevious reports under this chapter.

(f) Instead of the request and statement required by Subsection (b), aperson may use any disclosure containing a similar request and statement thathas been approved by the Federal Election Commission.

Sec. 254.0313. REPORTING BY OUT-OF-STATE POLITICALCOMMITTEE. Instead of the information required by Sections 254.031(a)(4),(6), and (7), each report filed under this chapter by an out-of-state politicalcommittee must include:

(1) the amount of political expenditures in connection with electionsin this state that in the aggregate exceed $100 and that are made during thereporting period, the full name and address of the persons to whom theexpenditures are made, and the dates and purposes of the expenditures;

(2) the total amount or a specific listing of the political contributionsof $100 or less accepted and the total amount or a specific listing of thepolitical expenditures in connection with elections in this state of $100 orless made during the reporting period; and

(3) the total amount of all political contributions accepted and thetotal amount of all political expenditures in connection with elections in thisstate made during the reporting period.

SECTION 15. Subsection (a), Section 254.038, Election Code, isamended to read as follows:

(a) In addition to other reports required by this chapter, the following personsshall file additional reports during the period beginning the ninth day before electionday and ending at 12 noon on the second day before election day:


(1) a candidate for statewide office who has an opponent whosename is to appear on the ballot and who accepts political contributions froma person that in the aggregate exceed $1,000 during that reporting period;

(2) a candidate for state senator who has an opponent whose nameis to appear on the ballot and who accepts political contributions from aperson that in the aggregate exceed $1,000 during that reporting period;

(3) [(2)] a candidate for state representative who has an opponentwhose name is to appear on the ballot and who accepts political contributionsfrom a person that in the aggregate exceed $200 during that reporting period;

(4) a specific-purpose committee for supporting or opposing acandidate for statewide office and that accepts political contributions from aperson that in the aggregate exceed $1,000 during that reporting period;

(5) [(3)] a specific-purpose committee for supporting or opposing acandidate for state senator and that accepts political contributions from aperson that in the aggregate exceed $1,000 during that reporting period; and

(6) [(4)] a specific-purpose committee for supporting or opposing acandidate for state representative and that accepts political contributions froma person that in the aggregate exceed $200 during that reporting period.

SECTION 16. Subchapter B, Chapter 254, Election Code, is amended byadding Section 254.0381 to read as follows:

Sec. 254.0381. TELEGRAM REPORT OF CERTAIN DIRECTCAMPAIGN EXPENDITURES. (a) In addition to other reports required bythis chapter, a person or general-purpose committee that makes directcampaign expenditures that in the aggregate exceed $5,000 during the periodbeginning the ninth day before election day and ending at 12 noon on thesecond day before election day shall file a report not later than 48 hours afterthe expenditure is made.

(b) Each report required by this section must include the amount of theexpenditures, the full name and address and principal occupation of thepersons to whom the expenditures are made, and the dates of theexpenditures.

(c) A report under this section shall be filed by telegram or telephonicfacsimile machine or by hand.

(d) This section does not apply to a direct campaign expenditure madeby the principal political committee of a political party.

(e) Section 254.036 does not apply to a report required by this section.SECTION 17. Subsection (c), Section 254.041, Election Code, is

amended to read as follows:(c) A violation of Subsection (a)(1) [(a)(2) by a candidate or officeholder]

is a Class A misdemeanor if it is shown on the trial of the offense that theperson intentionally failed to file the report on time with knowledge of thelegal obligation to file the report [fails to include information required bySection 254.061(3) or Section 254.091(2), as applicable].

SECTION 18. Subsection (a), Section 254.042, Election Code, isamended to read as follows:

(a) The commission shall determine from any available evidence whethera report, other than a telegram report under Section 254.038 [or 254.039],required to be filed with the commission under this chapter is late. Onmaking that determination, the commission shall immediately mail a noticeof the determination to the person required to file the report.



Sec. 254.061. ADDITIONAL CONTENTS OF REPORTS. In addition tothe contents required by Section 254.031, each report by a candidate mustinclude:

(1) the candidate's full name and address, the office sought, and theidentity and date of the election for which the report is filed;

(2) the campaign treasurer's name, residence or business street address,and telephone number; and

(3) [for each political committee from which the candidate receivednotice under Section 254.128 or 254.161:

[(A) the committee's full name and address;[(B) an indication of whether the committee is a general-

purpose committee or a specific-purpose committee; and[(C) the full name and address of the committee's campaign

treasurer;[(4) the full name and address of each individual acting as a campaign

treasurer of a political committee under Section 253.062 from whom thecandidate received notice under Section 254.128 or 254.161; and

[(5)] on a separate page or pages of the report, the identification ofany payment from political contributions made to a business in which thecandidate has a participating interest of more than 10 percent, holds a positionon the governing body of the business, or serves as an officer of the business.


Sec. 254.091. ADDITIONAL CONTENTS OF REPORTS. In addition tothe contents required by Section 254.031, each report by an officeholder mustinclude:

(1) the officeholder's full name and address and the office held; and(2) [for each political committee from which the officeholder received

notice under Section 254.128 or 254.161:[(A) the committee's full name and address;[(B) an indication of whether the committee is a general-

purpose committee or a specific-purpose committee; and[(C) the full name and address of the committee's campaign

treasurer; and[(3)] on a separate page or pages of the report, the identification of

any payment from political contributions made to a business in which theofficeholder has a participating interest of more than 10 percent, holds aposition on the governing body of the business, or serves as an officer of thebusiness.


Sec. 254.128. NOTICE TO CANDIDATE AND OFFICEHOLDER OF IN-KIND CONTRIBUTIONS [AND EXPENDITURES]. (a) If a specific-purposecommittee, other than a special-purpose committee established, controlled, orauthorized by the candidate or officeholder, [accepts political contributionsor] makes political expenditures for a candidate or officeholder that constitute


an in-kind contribution, the committee's campaign treasurer shall deliverwritten notice of that fact to the affected candidate or officeholder not laterthan the end of the period covered by the report in which the reportableactivity occurs.

(b) The notice must include the full name and address of the politicalcommittee and its campaign treasurer, [and] an indication that the committeeis a specific-purpose committee, and the amount and nature of the contribution.

(c) A campaign treasurer commits an offense if the campaign treasurer failsto comply with this section. An offense under this section is a Class Amisdemeanor.


Sec. 254.151. ADDITIONAL CONTENTS OF REPORTS. In addition tothe contents required by Section 254.031, each report by a campaign treasurerof a general-purpose committee must include:

(1) the committee's full name and address;(2) the full name, residence or business street address, and telephone

number of the committee's campaign treasurer;(3) the identity and date of the election for which the report is filed,

if applicable;(4) the name of each identified candidate or measure or classification

by party of candidates supported or opposed by the committee, indicatingwhether the committee supports or opposes each listed candidate, measure, orclassification by party of candidates;

(5) the name of each identified officeholder or classification by partyof officeholders assisted by the committee;

(6) the principal occupation of each person from whom politicalcontributions that in the aggregate exceed $500 [$50] are accepted during thereporting period;

(7) the amount of each political expenditure in the form of a politicalcontribution made to a candidate, officeholder, or another political committeethat is returned to the committee during the reporting period, the name of theperson to whom the expenditure was originally made, and the date it isreturned; [and]

(8) on a separate page or pages of the report, the identification of anycontribution from a corporation or labor organization made and accepted underSubchapter D, Chapter 253; and

(9) on a separate page or pages of the report, the identification of anycontribution made to the committee that is intended by the donor to be usedby the committee for administrative, overhead, or fund-raising expenses, unlessthe contribution is otherwise disclosed elsewhere in the report.


Sec. 254.161. NOTICE TO CANDIDATE AND OFFICEHOLDER OFCONTRIBUTIONS AND EXPENDITURES. If a general-purpose committeeother than the principal political committee of a political party or a politicalcommittee established by a political party's county executive committee[accepts political contributions or] makes direct political expenditures for a


candidate or officeholder that constitute a contribution, notice of that factshall be given to the affected candidate or officeholder as provided bySection 254.128 for a specific-purpose committee.

SECTION 24. Section 257.002, Election Code, is amended by amendingSubsection (b) and adding Subsection (c) to read as follows:

(b) Subject to Subsection (c), a [A] political party that accepts contributionsauthorized by Section 253.104 shall maintain the contributions in a separateaccount.

(c) Nothing in this title shall prohibit a political party from transferringfunds held in the account required to be maintained under Subsection (b) toanother account maintained by the political party under the requirements offederal law for the purpose of disbursing the political party's funds generallyif the political party can reasonably demonstrate that the funds are beingdisbursed from the other account in compliance with applicable federal law andfor permitted uses and purposes.

SECTION 25. The following laws are repealed:(1) Sections 253.032 and 253.037, Election Code;(2) Subsection (d), Section 253.100, Election Code;(3) Sections 254.032 and 254.033, Election Code; and(4) Section 254.039, Election Code.

SECTION 26. (a) The change in law made by this Act applies only to anoffense committed on or after the effective date of this Act. For purposes ofthis section, an offense is committed before the effective date of this Act if anyelement of the offense occurs before the effective date.

(b) An offense committed before the effective date of this Act is coveredby the law in effect when the offense was committed, and the former law iscontinued in effect for that purpose.

SECTION 27. Sections 253.042 and 253.162, Election Code, as amendedby this Act, apply only to repayment of a loan or extension of credit made onor after September 1, 2001. The repayment of a loan or extension of creditmade before September 1, 2001, is governed by the law in effect on the datethe loan or extension of credit was made, and the former law is continued ineffect for that purpose.

SECTION 28. This Act takes effect September 1, 2001.

Representative Gallego moved to table Amendment No. 1.


The motion to table prevailed by (Record 135): 74 Yeas, 69 Nays,2 Present, not voting.

Yeas — Alexander; Bailey; Bosse; Burnam; Capelo; Carter; Chavez;Coleman; Cook; Counts; Danburg; Deshotel; Dukes; Dunnam; Dutton; Ehrhardt;Ellis; Farabee; Farrar; Flores; Gallego; Garcia; Giddings; Glaze; Gray; Gutierrez;Hawley; Hinojosa; Hochberg; Hodge; Homer; Hopson; Jones, J.; Junell; King, T.;Kitchen; Lewis, G.; Lewis, R.; Longoria; Luna; Martinez Fischer; Maxey;McClendon; McReynolds; Menendez; Moreno, J.; Moreno, P.; Naishtat; Najera;Noriega; Oliveira; Olivo; Pickett; Puente; Ramsay; Rangel; Raymond; Reyna, A.;Ritter; Sadler; Salinas; Solis; Telford; Thompson; Tillery; Turner, B.; Turner, S.;Uher; Uresti; Villarreal; Wise; Wolens; Yarbrough; Zbranek.


Nays — Allen; Averitt; Berman; Bonnen; Brimer; Brown, B.; Brown, F.;Callegari; Chisum; Christian; Clark; Corte; Crabb; Craddick; Crownover;Davis, Y.; Delisi; Denny; Driver; Edwards; Elkins; George; Geren; Goodman;Goolsby; Green; Grusendorf; Haggerty; Hamric; Hardcastle; Hartnett; Heflin;Hill; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, D.; Jones, E.; Keel;Keffer; King, P.; Kolkhorst; Krusee; Kuempel; Madden; Marchant; McCall;Merritt; Morrison; Mowery; Nixon; Pitts; Reyna, E.; Seaman; Shields; Smith;Smithee; Solomons; Swinford; Talton; Walker; West; Williams; Wilson;Wohlgemuth; Woolley.

Present, not voting -- Mr. Speaker(C); Davis, J.

Absent, Excused -- Hilbert; Hilderbran; Miller; Truitt.

Absent — Eiland.

STATEMENTS OF VOTEI was shown voting present, not voting on Record No. 135. I intended

to vote no.

J. Davis

When Record No. 135 was taken, I was temporarily out of the housechamber, working on a worker comp bill and meeting on Medicaid reform.I would have voted yes.

Eiland

Amendment No. 2Representatives Gallego and Madden offered the following amendment to

CSHB 2:

Amend CSHB 2 as follows:(1) On page 4, line 3, strike "the purpose of soliciting contributions or

for other".(2) On page 4, line 13, strike "254.031(6)" and substitute "254.031(a)(5)".(3) On page 7, lines 10 and 11, strike "the committee supports or assists".(4) On page 9, line 20, strike "the committee supports or assists".(5) On page 10, line 24, following the semi-colon, insert "and".(6) On page 10, strike lines 25-27, and on page 11, strike line 1.(7) On page 11, line 2, strike "(C)" and substitute "(B)".(8) On page 13, strike lines 22-26.(9) On page 14, line 11, following the semi-colon, insert "and".(10) On page 14, strike lines 12-14.(11) On page 14, line 15, strike "(C)" and substitute "(B)".(12) On page 16, strike lines 8-12 and substitute the following:(i) [(h)] In this section, "legislative caucus" has the meaning assigned by

Section 253.0341.(13) On page 29, line 16, strike "a political advertisement" and substitute

"political advertising".

Amendment No. 2 was adopted without objection.

Amendment No. 3

Representatives Gallego and Madden offered the followingamendment to CSHB 2:


Amend CSHB 2 as follows:(1) On page 28, line 16, strike "Subsection (d)" and substitute

"Subsections (d)-(f)".(2) On page 28, line 22, strike "(c)," and substitute "(c), (d), or (e),".(3) On page 29, between lines 16 and 17, insert the following:(d) Political advertising that is printed, copied, published, or broadcast

on behalf of a political committee and that supports two or more candidatesis not required to indicate the full name and address of each candidate if theadvertising indicates the full names and addresses of the committee and thecommittee's campaign treasurer.

(e) Political advertising that is distributed by or on behalf of a candidate,officeholder, or political committee and that consists of electronic mail to notmore than 50 original recipients is not required to state the address of acampaign treasurer, candidate, officeholder, or political committee. Forpurposes of this subsection, only a recipient to whom the candidate,officeholder, or political committee or that person's agent directly distributesthe electronic mail is considered to be an original recipient.

(4) On page 29, line 17, strike "(d)" and substitute "(f)".


Amendment No. 4

Representative Madden offered the following amendment to CSHB 2:

Amend CSHB 2 by causing line 10 on page 22 to read as follows:persons making political contributions only when such are required to beelectronically reported under Section 254.036, Election Code. and renumberthe subsequent lines, pages, etc., accordingly. Also, on line 15 of page 22,insert the word "electronic" ahead of the word "reports".

On page 22, line 24, after the period at the end of that line, add "It isacceptable that in lieu of (a) and (b) above the commission could describehow the software can be used to obtain the same information."

Amendment No. 4 was withdrawn.

Amendment No. 5

Representative Wolens offered the following amendment to CSHB 2:

Amend CSHB 2 by striking Section 17 of the bill (page 22, lines 6-24)and substituting the following:

SECTION 17. Section 254.0402, Election Code, is amended by addingSubsection (c) to read as follows:

(c) The electronic access to information from reports filed with thecommission required by Subsection (b) must permit a person to compile a listof the political contributions made by any person. A list compiled under thissubsection must include, for each political contribution a person makes, thedate and amount of the contribution and the name of the candidate,officeholder, or political committee to whom the contribution was made.


Amendment No. 6

Representative Denny offered the following amendment to CSHB 2:


Amend CSHB 2 by striking page 6, lines 15-25, and substituting thefollowing:

(1) for governor, $500,000;(2) for a statewide office other than governor, $250,000;(3) for state senator, $200,000;(4) for state representative, $100,000; and(5) for the office of member, State Board of Education, $100,000

[(2) for governor, $500,000].


Amendment No. 7


Amend CSHB 2 as follows:(1) On page 16, strike lines 22-27, on page 17, strike lines 1-27, and on

page 18, strike lines 1-7, and substitute the following:(b) For each political contribution or contribution to a legislative caucus

received by a person required to file a report under this chapter from anindividual which, when aggregated with all other such contributions receivedfrom the individual during the reporting period, exceeds $1,000 and for whichthe information required by Paragraph (A) of Section 254.031(a)(1) orParagraph (A) of Section 254.0311(b)(1) is not provided to or otherwise knownby the person, the person must make at least one oral or written request forthe information. A request under this subsection:

(1) must be made not later than the 30th day after the date thecontribution is received;

(2) must include:(A) a clear request for the individual's full name and address,

the individual's principal occupation or job title, and the full name of theindividual's employer; and

(B) an accurate statement of state law regarding the collectionand reporting of individual contributor information, such as:

(i) "State law requires (a candidate, officeholder,political committee, or legislative caucus, as applicable) to use best efforts torequest and report the full name and address, principal occupation or job title,and full name of employer of individuals whose contributions exceed $1,000in a reporting period."; or

(ii) "To comply with state law, (a candidate,officeholder, political committee, or legislative caucus, as applicable) must usebest efforts to request, maintain, and report the full name and address, principaloccupation or job title, and full name of employer of individuals whosecontributions exceed $1,000 in a reporting period.";

(3) if made orally, must be documented in writing; and(4) may not be made in conjunction with a solicitation for an

additional contribution.(c) Instead of the request and statement required by Subsection (b)(2), a

person may use any disclosure containing a similar request and statement thathas been approved by the Federal Election Commission.

(2) On page 18, line 8, strike "(e)" and substitute "(d)".


Amendment No. 7 was adopted without objection. (The vote wasreconsidered later today and the amendment was withdrawn.)

Amendment No. 8


Amend CSHB 2 as follows:(1) On page 4, strike lines 5-20.(2) On page 4, line 21, strike "(d)" and substitute "(c)".(3) On page 4, line 22, strike "or (c)".(4) On page 5, strike lines 4-7.


Amendment No. 9

Representative Howard offered the following amendment to CSHB 2:

Amend CSHB 2 as follows:(1) On page 5, between lines 7 and 8, insert the following new

SECTION, and renumber the subsequent SECTIONS accordingly:SECTION 3. Subchapter B, Chapter 251, Election Code, is amended by

adding Section 251.034 to read as follows:Sec. 251.034. FAILURE OF CANDIDATE TO APPOINT CAMPAIGN

TREASURER OR FILE REPORTS; REMOVAL OF NAME FROM BALLOT.(a) This section applies only to a candidate for an office described bySection 252.005(1), other than a candidate for the office of district attorney.

(b) Not later than the 75th day before the date of the general electionfor state and county officers, the commission shall determine whether eachperson who is a candidate whose name is to appear on the ballot in thatelection has:

(1) appointed a campaign treasurer in connection with thecandidacy; and

(2) filed with the commission each report required under SubchapterC, Chapter 254, in connection with the candidacy.

(c) Not later than the 10th day after the deadline for filing an applicationfor a place on the ballot in an election to fill a vacancy in the office ofstate senator or state representative, the commission shall determine whethereach person who is a candidate whose name is to appear on the ballot in thatelection has appointed a campaign treasurer in connection with the candidacy.

(d) If the commission determines that a candidate has not appointed acampaign treasurer or filed each required report, the commission shallpromptly certify that fact to the secretary of state.

(e) On receipt of a certification under Subsection (d), the secretary ofstate shall promptly take action necessary to remove the person's name fromthe ballot.

(2) On page 30, line 12, between "SECTION 29." and "(a)", insert thefollowing new subsection, and reletter the subsequent subsections accordingly:

(a) Section 251.034, Election Code, as added by this Act, appliesbeginning with the general election for state and county officers to be heldon November 5, 2002.


The motion to table prevailed.


Amendment No. 10


Amend CSHB 2 by inserting on page 5 between lines 21 and 22 thefollowing:

"(c) An offense under this section is a felony of the third degree."

Amendment No. 11

Representative Gallego offered the following amendment to AmendmentNo. 10:

Amend the Madden amendment to CSHB 2 on page 1 by striking "felonyof the third degree" and substituting "Class C misdemeanor".


Amendment No. 10, as amended, was adopted without objection.

Amendment No. 12

Representative Gallego offered the following amendment to CSHB 2:

Amend CSHB 2 on page 24, line 13, by striking "Class B" and substituting"Class C".


Amendment No. 13


Amend CSHB 2 by returning to the prior language on page 20, line 4, whichwould again make the deadline read ". . . not later than 48 hours after thecontribution is accepted." rather than the proposed ". . . not later than 24 . . .".


The motion to table was lost.


Amendment No. 13 was adopted by (Record 136): 74 Yeas, 66 Nays,1 Present, not voting.

Yeas — Allen; Averitt; Berman; Bonnen; Brimer; Brown, B.; Brown, F.;Callegari; Carter; Chisum; Christian; Clark; Corte; Crabb; Craddick; Davis, J.;Davis, Y.; Delisi; Denny; Driver; Elkins; Ellis; George; Geren; Goodman;Green; Grusendorf; Hamric; Hardcastle; Hartnett; Heflin; Hill; Hope; Howard;Hunter; Hupp; Isett; Janek; Jones, D.; Jones, E.; Jones, J.; Keel; Keffer;King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Lewis, G.; Lewis, R.; Madden;Marchant; McCall; Merritt; Morrison; Nixon; Pitts; Ramsay; Reyna, E.;Seaman; Shields; Smith; Smithee; Solomons; Swinford; Talton; Turner, B.;Walker; West; Williams; Wilson; Wohlgemuth; Wolens; Woolley.

Nays — Alexander; Bailey; Bosse; Burnam; Capelo; Chavez; Coleman;Cook; Counts; Danburg; Deshotel; Dukes; Dunnam; Dutton; Edwards; Ehrhardt;Eiland; Farabee; Farrar; Flores; Gallego; Garcia; Glaze; Gray; Gutierrez;


Hawley; Hinojosa; Hochberg; Hodge; Homer; Hopson; Junell; Kitchen;Longoria; Luna; Martinez Fischer; Maxey; McClendon; McReynolds;Menendez; Moreno, J.; Moreno, P.; Naishtat; Najera; Noriega; Oliveira; Olivo;Pickett; Puente; Rangel; Raymond; Reyna, A.; Ritter; Sadler; Salinas; Solis;Telford; Thompson; Tillery; Turner, S.; Uher; Uresti; Villarreal; Wise;Yarbrough; Zbranek.



Absent — Crownover; Giddings; Goolsby; Haggerty; Mowery.

STATEMENT OF VOTE

When Record No. 136 was taken, I was in the house but away from mydesk. I would have voted yes.

Crownover

Amendment No. 7 - Vote Reconsidered

Representative Wolens moved to reconsider the vote by whichAmendment No. 7 was adopted.

The motion to reconsider prevailed.


Amendment No. 14

Representatives Giddings, S. Turner, Marchant, and Hill offered thefollowing amendment to CSHB 2:

Amend CSHB 2 as follows:(1) On page 10, strike lines 22-24.(2) On page 10, line 25, strike "(B)" and substitute "(A)".(3) On page 11, line 2, strike "(C)" and substitute "(B)".(4) On page 14, strike lines 9-11.(5) On page 14, line 12, strike "(B)" and substitute "(A)".(6) On page 14, line 15, strike "(C)" and substitute "(B)".(7) On page 16, line 14, strike "Sections 254.0312 and 254.0313" and

substitute "Section 254.0312".(8) On page 16, strike lines 16-27, on page 17, strike lines 1-27, and

on page 18, strike lines 1-13.(9) On page 18, line 14, strike "Sec. 254.0313" and substitute "Sec.

254.0312".


The motion to table was lost.


Amendment No. 15

Representative Talton offered the following amendment to CSHB 2:

Amend CSHB 2 as follows:On page 11, SECTION 11, between lines 4 and 5, insert the following:(D) if the person making the contribution is a general-purpose committee,


the information reported under section 254.151(9) on the general-purposecommittee's most recently filed report.On page 26, in SECTION 21, line 26, insert the following new paragraph (9):(9) the principal occupation of the contributors who accounted for the largestproportion of the total dollars accepted during the reporting period, or astatement that no single occupation accounted for more than 25% of the totaldollars accepted during the reporting period.


Amendment No. 16


Amend CSHB 2 by striking the period at the end of the sentence on line14 on page 12 and continuing as follows: ; and

(8) the total amount of funds, including interest or other income,maintained in one or more accounts in which political contributions aredeposited as of the last monthly bank statement. The date of the statementor statements also are to be indicated on the report.", and renumbering thesubsequent lines, pages, etc., accordingly.



Amendment No. 17


Amend CSHB 2 on page 21 by deleting the phrase "street name" online 27.

(Speaker pro tempore in the chair)



Amendment No. 18

Representative Danburg offered the following amendment to CSHB 2:

Amend CSHB 2 as follows:(1) On page 24, between lines 13 and 14, insert the following new

sections, appropriately numbered:SECTION ____. Section 254.064(a), Election Code, is amended to read

as follows:(a) In addition to other required reports, for each election in which a

person is a candidate and has an opponent whose name is to appear on theballot, the person shall file two reports as provided by this section. Thissection does not apply to a candidate to whom Section 254.0641 applies.

SECTION ____. Subchapter C, Chapter 254, Election Code, is amendedby adding Section 254.0641 to read as follows:

Sec. 254.0641. MONTHLY REPORTS OF OPPOSED CANDIDATEFILING WITH COMMISSION. (a) This section applies only to a candidate,other than a candidate described by Subsection (b), who is required to filereports under this chapter with the commission and who:


(1) has an opponent in the general primary election; or(2) is a candidate in the general election for state and county officers

who:(A) is the nominee of a political party required by law to

hold a primary election and who has an opponent who is the nominee of apolitical party required by law to hold a primary election; or

(B) has at least two opponents who are the nominees ofpolitical parties required by law to hold a primary election.

(b) This section does not apply to:(1) a candidate in an election to fill a vacancy in the office of state

senator or state representative; or(2) a candidate for an office described by Section 252.005(5).

(c) In addition to other required reports, a person to whom this sectionapplies shall file monthly reports as provided by this section. If a person hasan opponent in the general primary election or is unopposed in the primaryelection but will have an opponent in the general election for state and countyofficers who is the nominee of a political party required by law to hold aprimary election, the first monthly report shall be filed not later than February15. The report covers the period beginning the day the person's campaigntreasurer appointment is filed or the first day after the period covered by thelast report required to be filed under this chapter, as applicable, and continuingthrough January 31. Subsequent reports shall be filed not later than the 15thday of each month, with each report covering the period beginning the day theperson's campaign treasurer appointment is filed or the first day after the periodcovered by the last report required to be filed under this chapter, as applicable,and continuing through the last day of the preceding month:

(1) from March to May, if the person has an opponent in the primaryelection but will not have an opponent in the general election who is thenominee of a political party required by law to hold a primary election; or

(2) from March to October, if the person has an opponent in thegeneral election who is the nominee of a political party required by law to holda primary election.

(d) In addition to the reports required by Subsection (c), a person who isa candidate in the general election for state and county officers who has anopponent who is the nominee of a political party required by law to hold aprimary election shall file a report not later than the eighth day before generalelection day. The report covers the period beginning October 1 and continuingthrough the 10th day before general election day.

(e) If a person becomes an opposed candidate after a reporting periodprescribed by Subsection (c) or (d), the person shall file the person's firstreport not later than the regular deadline for the report covering the periodduring which the person becomes an opposed candidate. The period coveredby the first report begins the day the candidate's campaign treasurerappointment is filed.

(f) Each monthly report filed under this section must comply with Sections254.031, 254.0312, and 254.061, except that the maximum amount of a politicalcontribution, political expenditure, or loan that is not required to be individuallyreported is $30 in the aggregate.


SECTION ____. Section 254.124(a), Election Code, is amended to readas follows:

(a) In addition to other required reports, for each election in which aspecific-purpose committee supports or opposes a candidate or measure, thecommittee's campaign treasurer shall file two reports as provided by this section.This section does not apply to a specific-purpose committee to which Section254.1241 applies.

SECTION ____. Subchapter E, Chapter 254, Election Code, is amendedby adding Section 254.1241 to read as follows:

Sec. 254.1241. MONTHLY REPORTS OF COMMITTEE SUPPORTINGOR OPPOSING CANDIDATE FILING WITH COMMISSION. (a) Thissection applies only to a specific-purpose committee, other than a committeedescribed by Subsection (b), that supports or opposes a candidate who isrequired to file reports under this chapter with the commission and who:

(1) has an opponent in the general primary election; or(2) is a candidate in the general election for state and county officers

who:(A) is the nominee of a political party required by law to

hold a primary election and who has an opponent who is the nominee of apolitical party required by law to hold a primary election; or

(B) has at least two opponents who are the nominees ofpolitical parties required by law to hold a primary election.

(b) This section does not apply to a specific-purpose committee supportingor opposing:

(1) a candidate in an election to fill a vacancy in the office of statesenator or state representative; or

(2) a candidate for an office described by Section 252.005(5).(c) A specific-purpose committee to which this section applies shall file

monthly reports in the manner prescribed by Section 254.0641 for a candidateto which that section applies.

(2) Renumber subsequent sections appropriately.

Amendment No. 18 failed of adoption.


Amendment No. 19

Representative Danburg offered the following amendment to CSHB 2:

Amend CSHB 2 as follows:(1) On page 2, strike lines 17-27, and on page 3, strike lines 1-15, and

substitute the following:(22) "Express advocacy" means a communication, other than a

communication appearing in a news story, commentary, or editorial distributedthrough the facilities of a broadcast station that is not owned or controlled bya political party, political committee, or candidate, that advocates the electionor defeat of a candidate by containing the name of the candidate or a word orphrase such as "vote for," "reelect," "support," "cast your ballot for," "(nameof candidate) for (name of office)," "(name of candidate) in 2002," "vote


against," "defeat," or "reject" or a campaign slogan or words that in contextcan have no reasonable meaning other than to advocate the election or defeatof one or more clearly identified candidates.

(2) On page 20, between lines 17 and 18, insert a new section,appropriately numbered, to read as follows:

SECTION ___. Subchapter B, Chapter 254, Election Code, is amended byadding Section 254.0392 to read as follows:

Sec. 254.0392. REPORTS CONCERNING CERTAIN CANDIDATE-SPECIFIC ADVERTISING. (a) Except as provided by Subsection (e) or (f),a person who makes an expenditure that exceeds $2,500 for targeted, candidate-specific advertising in a covered preelection period shall file a report ofcontributions and expenditures as provided by this section.

(b) For purposes of this section:(1) "Advertising" means:

(A) a paid advertisement or purchased program time broadcastor cablecast via radio or television;

(B) a paid message from a telephone bank or deliveredthrough direct mailing or electronic mail; or

(C) a paid advertisement in a communications outlet otherthan one described by Paragraph (A) or (B) that costs more than $2,500.

(2) "Candidate-specific" means a reference to a clearly identifiedcandidate, by use of the candidate's name, likeness, or other clear means ofidentification.

(3) "Covered preelection period," with respect to a person, means theperiod:

(A) beginning on:(i) the 60th day before the date of an election in

which the person is a candidate; or(ii) the day after a general primary election, if the

person is a candidate in a runoff primary election; and(B) ending on election day.

(4) Advertising is "targeted" in connection with an election if, withrespect to an advertisement broadcast or cablecast via radio or television orpublished in a newspaper, magazine, or other written communication, theadvertisement is distributed or published to reach an audience that includes asubstantial portion of the electorate for the election. An advertisement deliveredby telephone or direct mail is considered to be targeted if it is delivered topersons residing in the territory from which the candidate to whom theadvertising refers is or seeks to be elected.

(c) A person who makes an expenditure for which reporting is requiredunder this section must file a report:

(1) not later than the 30th day before the date of the election, if theperson makes the expenditure after the 61st day before an election but beforethe 39th day before the election;

(2) not later than the 8th day before the date of the election, if theperson makes the expenditure after the 40th day before an election but beforethe 9th day before the election; or

(3) not later than 24 hours after the expenditure is made, if the personmakes the expenditure after the 10th day before the election.


(d) Each report under this section must include:(1) the amount of contributions from each person that in the aggregate

exceed $200 and that are accepted during the reporting period by the personrequired to file a report under this section, the full name and address of theperson making the contributions, and the dates of the contributions, and, if theperson making the contribution is an individual, the individual's principaloccupation or job title and the full name of the individual's employer, if any;

(2) the amount of expenditures for targeted, candidate-specificadvertising in a covered preelection period that in the aggregate exceed $200and that are made during the reporting period, the full name and address of thepersons to whom the expenditures are made, and the dates and purposes of theexpenditures;

(3) the total amount or a specific listing of the contributions of $200or less accepted and the total amount or a specific listing of the expendituresfor targeted, candidate-specific advertising in a covered preelection period of$200 or less made during the reporting period; and

(4) the total amount of all contributions accepted and the total amountof all expenditures for targeted, candidate-specific advertising in a coveredpreelection period made during the reporting period.

(e) This section does not apply to:(1) an expenditure for advertising made by a candidate or political

party;(2) a reference to a clearly identified candidate in a news story,

commentary, editorial, or work intended for entertainment distributed throughthe facilities of a broadcasting station, newspaper, magazine, or otherpublication, unless the facilities are owned or controlled by a political party,political committee, or candidate;

(3) nonpartisan activity designed to encourage persons to vote or toregister to vote;

(4) a communication by any membership organization or corporationto its members, donors, stockholders, or executive or administrative personnel,if the membership organization or corporation is not organized primarily for thepurpose of influencing the election of a person to public office; or

(5) a voter's guide that:(A) is published or distributed by an organization that is

exempt from income taxation under Section 501(a), Internal Revenue Code, bybeing listed under Section 501(c)(3) or (c)(4), Internal Revenue Code; and

(B) does not contain express advocacy.(f) A person who files reports with the Federal Election Commission is

not required to file reports under this section. Not later than the last dayprescribed by this section for filing a report that a person covered by thissection is required to file, the person shall provide to the Texas EthicsCommission information necessary to locate the person's report covering thatreporting period on the Federal Election Commission's Internet website. TheTexas Ethics Commission shall promptly place on the commission's Internetwebsite a link to that report.

(g) A person who, during a covered period, makes an expenditure foradvertising that contains a reference to a clearly identified candidate is presumed


to have made an expenditure for which reporting is required under thissection. A person who makes such an expenditure may file with thecommission an affidavit stating that the expenditure was not made with theintent to influence the election of a candidate. The commission shall:

(1) determine by a preponderance of the evidence whether anexpenditure was made with the intent to influence the election of a candidate;and

(2) notify the person filing the affidavit of the commission'sdetermination.

(3) On page 29, strike lines 19-27, and on page 30, strike lines 1-9.(4) On page 31, between lines 11 and 12, insert the following new

subsection, appropriately lettered, and reletter the subsequent subsectionsaccordingly:

( ) Section 254.0392, Election Code, as added by this Act, applies onlyto the reporting of an expenditure for targeted, candidate-specific advertisingin a covered preelection period that is made on or after September 1, 2001. Anexpenditure for targeted, candidate-specific advertising in a covered preelectionperiod that is made before September 1, 2001, is governed by the law in effectat the time the expenditure was made and is not aggregated with expendituresmade on or after September 1, 2001.

(5) Renumber the sections of the bill accordingly.

Amendment No. 20

On behalf of Representative Gallego, Representative Danburg offered thefollowing amendment to Amendment No. 19:

Amend the Danburg amendment to CSHB 2 on page 1, line 12, by striking"2002" and substituting "(year)".


Amendment No. 21

Representative P. King offered the following amendment to AmendmentNo. 19:

Amend the Danburg amendment to CSHB 2 by striking page 1, line 16,through page 5, line 26.

Representative Danburg moved to table Amendment No. 21.


The motion to table prevailed by (Record 137): 76 Yeas, 66 Nays, 1Present, not voting.

Yeas — Alexander; Averitt; Bailey; Bosse; Burnam; Capelo; Carter;Chavez; Coleman; Cook; Counts; Danburg; Davis, Y.; Deshotel; Dukes;Dunnam; Dutton; Ehrhardt; Eiland; Ellis; Farabee; Farrar; Flores; Gallego;Garcia; Glaze; Gray; Gutierrez; Hinojosa; Hochberg; Hodge; Homer; Hopson;Jones, D.; Jones, J.; Junell; King, T.; Kitchen; Lewis, G.; Longoria; Luna;Martinez Fischer; Maxey; McClendon; McReynolds; Menendez; Merritt;Moreno, J.; Moreno, P.; Naishtat; Najera; Noriega; Oliveira; Olivo; Pickett;


Puente; Ramsay; Rangel; Raymond; Reyna, A.; Ritter; Sadler; Salinas; Solis;Telford; Thompson; Tillery; Turner, B.; Turner, S.; Uher; Uresti; Villarreal;Wise; Wolens; Yarbrough; Zbranek.

Nays — Allen; Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Chisum;Christian; Clark; Corte; Crabb; Craddick; Crownover; Davis, J.; Delisi; Denny;Driver; Edwards; Elkins; George; Geren; Giddings; Goodman; Goolsby; Green;Grusendorf; Hamric; Hardcastle; Hartnett; Heflin; Hill; Hope; Howard; Hunter;Hupp; Isett; Janek; Jones, E.; Keel; Keffer; King, P.; Kolkhorst; Krusee;Kuempel; Lewis, R.; Madden; Marchant; McCall; Morrison; Mowery; Nixon;Pitts; Reyna, E.; Seaman; Shields; Smith; Smithee; Solomons; Swinford; Talton;Walker; West; Williams; Wilson; Wohlgemuth; Woolley.



Absent — Callegari; Haggerty; Hawley.

STATEMENTS OF VOTE

When Record No. 137 was taken, my vote failed to register. I would havevoted no.

Callegari

I was shown voting no on Record No. 137. I intended to vote yes.

Edwards

I was shown voting no on Record No. 137. I intended to vote yes.

Giddings

Amendment No. 19, as amended, was adopted.

Amendment No. 22


Amend CSHB 2 as follows:(1) On page 8, line 17, between "stockholders" and "or", insert ", employees,".(2) On page 8, line 18, between "stockholders" and "or", insert ", employees,".


Amendment No. 23

Representative Janek offered the following amendment to CSHB 2:

Amend CSHB 2 as follows:(1) On page 6, between lines 7 and 8, add the following new sections to

the bill and renumber the subsequent sections accordingly:SECTION 6. Section 254.034(a), Election Code, is amended to read as

follows:(a) During the period beginning at 7 p.m. on general election day [on the

30th day before the date a regular legislative session convenes] andcontinuing through the day of final adjournment of the next regular


legislative session, a person may not knowingly make a politicalcontribution to:

(1) a statewide officeholder;(2) a member of the legislature; or(3) a specific-purpose committee for supporting, opposing, or assisting

a statewide officeholder or member of the legislature.SECTION 7. Section 253.0341(a), Election Code, is amended to read as

follows:(a) During the period beginning at 7 p.m. on general election day [on the

30th day before the date a regular legislative session convenes] and continuingthrough the day of final adjournment of the next regular legislative session, aperson not a member of the caucus may not knowingly make a contributionto a legislative caucus.

(2) On page 30, between lines 20 and 21, insert the following newsubsections to Section 29 of the bill and reletter the subsequent subsectionsaccordingly:

(b) Section 253.034, Election Code, as amended by this Act, applies onlyto a political contribution accepted on or after September 1, 2001. A politicalcontribution accepted before September 1, 2001, is governed by the law ineffect at the time the contribution was accepted, and the former law is continuedin effect for that purpose.

(c) Section 253.0341, Election Code, as amended by this Act, applies onlyto a contribution to a legislative caucus accepted on or after September 1, 2001.A contribution to a legislative caucus accepted before September 1, 2001, isgoverned by the law in effect at the time the contribution was accepted, andthe former law is continued in effect for that purpose.



Amendment No. 24

Representative Janek offered the following amendment to CSHB 2:

Amend CSHB 2 on page 2, line 8, by striking "electronic mail or".


Amendment No. 25

Representative Garcia offered the following amendment to CSHB 2:

Amend CSHB 2 as follows:(1) On page 29, line 20, strike "Section 255.009" and substitute "Sections

255.009 and 255.010".(2) On page 30, between lines 9 and 10, insert:Sec. 255.010. FALSE INFORMATION IN POLITICAL MATERIAL. (a)

In this section:(1) "Published material" means statements or graphic representations

made through any public medium, including:(A) electronic media, including a live or prerecorded radio


or television broadcast, a broadcast or transmission through other publiclyavailable electronic communications, and a video or audio tape recording thatis publicly distributed;

(B) print media, such as a newspaper, pamphlet, folder,display card, sign, poster, or billboard advertisement; and

(C) any other method or medium designed for publiclyadvertising or publishing information.

(2) "Sponsor" means a person who pays for or approves publishedmaterial, including a candidate or political committee that knows and approvesof a direct campaign expenditure made by another person.

(b) A person may not be a sponsor of any published material on behalfof or in opposition to any candidate or measure that contains any assertion,representation, or statement of fact, including information concerning acandidate's prior public record, that the sponsor knows to be untrue, deceptive,or misleading.

(c) A person who violates this section is liable for a civil penalty not toexceed $500 for each violation.



Amendment No. 26

Representative Garcia offered the following amendment to CSHB 2:

Amend CSHB 2 as follows:(1) On page 29, line 20, strike "Section 255.009" and substitute "Sections

255.009 and 255.010".(2) On page 30, between lines 9 and 10, insert the following:Sec. 255.010. DISCLOSURE FOR CERTAIN TELEPHONE

COMMUNICATIONS. (a) A candidate or an authorized representative of acandidate or a specific-purpose committee affiliated with a candidate whoengages in a telephone communication for the purpose of soliciting politicalcontributions or that has the effect of supporting or opposing the nominationor election of a candidate or the passage or defeat of a measure shall disclosethe following at the end of the communication:

(1) the identity of the individual who is calling and the person withwhom the individual is affiliated, if any;

(2) the identity of the person who paid for the telephonecommunication, including as appropriate:

(A) the name of the political committee, if any; and(B) if the person paying for the telephone communication is

not a candidate or a political committee affiliated with a candidate, a statementas to whether the candidate authorized the communication;

(3) the name, telephone number, and address of an individual whomthe recipient of the telephone communication may contact for additionalinformation about the communication.

(b) A person who, on behalf of, at the direction of, or in cooperation witha political committee engages in a telephone communication for the purpose


of soliciting political contributions or that has the effect of supporting oropposing the nomination or election of a candidate or the passage or defeatof a measure shall disclose the following at the end of the communication:

(1) the identity of the individual who is calling and the person withwhom the individual is affiliated, if any;

(2) the identity of the person who paid for the telephonecommunication, including as appropriate:

(A) the name of the political committee, if any; and(B) if the person paying for the telephone communication is

not a candidate or a political committee affiliated with a candidate, astatement as to whether the candidate who benefits from the communicationauthorized the communication;

(3) the name, telephone number, and address of an individual whomthe recipient of the telephone communication may contact for additionalinformation about the communication.

(c) The commission shall adopt rules to enforce this section.(d) A person who violates this section is liable for a civil penalty not

to exceed $500 for each violation.


Amendment No. 27

Representative Junell offered the following amendment to CSHB 2:

Amend CSHB 2 as follows:(1) On page 30, between lines 9 and 10, by adding the following new

section to the bill and renumbering the subsequent sections accordingly:SECTION 28. Section 7.108, Education Code, is amended to read as

follows:Sec. 7.108. PROHIBITION ON POLITICAL CONTRIBUTION OR

ACTIVITY. (a) A person [interested in selling bonds of any type or a personengaged in manufacturing, shipping, selling, or advertising textbooks orotherwise connected with the textbook business] commits an offense if:

(1) the person knowingly makes or authorizes a politicalcontribution to or knowingly takes part in, directly or indirectly, thecampaign of any person seeking election to or serving on the board; and

(2) the person:(A) has entered into a contract with the board that is in

effect at the time the conduct under Subdivision (1) occurs, or proposes toenter into a contract with the board;

(B) is an officer or employee of a person who has enteredinto or proposes to enter into a contract described by Paragraph (A); or

(C) is a subcontractor of a person who has entered into orproposes to enter into a contract described by Paragraph (A) in relation tothat contract or proposed contract.

(b) A person seeking election to or serving on the board commits anoffense if the person knowingly accepts a political contribution from a persondescribed by Subsection (a)(2).

(c) An offense under this section [Subsection (a)] is a Class B misdemeanor.(d) [(c)] In this section, "political [:


[(1) "Political] contribution" has the meaning assigned by Section251.001, Election Code.

[(2) "Textbook" has the meaning assigned by Section 31.002.](2) On page 32, between lines 22 and 23, insert the following:(i) The change in law made to Section 7.108, Education Code, by this

Act applies only to an offense committed on or after September 1, 2001. Forthe purposes of this section, an offense is committed before September 1,2001, if any element of the offense occurs before that date.

(j) An offense under Section 7.108, Education Code, committed beforeSeptember 1, 2001, is covered by the law in effect when the offense wascommitted, and the former law is continued in effect for that purpose.




CSHB 2 - (consideration continued)

Amendment No. 28

Representative Y. Davis offered the following amendment to CSHB 2:

Amend CSHB 2 by striking Section 18 of the bill (page 22, line 25,through page 23, line 17) and renumbering the subsequent sectionsaccordingly.



CSHB 2 , a s amended , was passed to engrossment by(Record 138): 82 Yeas, 61 Nays, 3 Present, not voting.

Yeas — Alexander; Averitt; Bailey; Bosse; Burnam; Capelo; Carter;Chavez; Chisum; Coleman; Cook; Counts; Danburg; Davis, Y.; Deshotel;Dukes; Dunnam; Ehrhardt; Eiland; Ellis; Farabee; Farrar; Flores; Gallego;Giddings; Glaze; Gray; Gutierrez; Haggerty; Hawley; Hinojosa; Hochberg;Hodge; Homer; Hopson; Jones, D.; Jones, E.; Jones, J.; Junell; King, T.;Kitchen; Longoria; Luna; Madden; Martinez Fischer; Maxey; McClendon;McReynolds; Menendez; Moreno, J.; Moreno, P.; Naishtat; Najera; Noriega;Oliveira; Olivo; Pickett; Pitts; Puente; Ramsay; Rangel; Raymond; Reyna, A.;Ritter; Sadler; Salinas; Smith; Solis; Telford; Thompson; Tillery; Turner, B.;Turner, S.; Uher; Uresti; Villarreal; Walker; West; Wise; Wolens; Yarbrough;Zbranek.

Nays — Allen; Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Callegari;Christian; Clark; Corte; Crabb; Craddick; Crownover; Davis, J.; Delisi; Denny;Driver; Dutton; Elkins; George; Geren; Goodman; Goolsby; Green;Grusendorf; Hamric; Hardcastle; Hartnett; Heflin; Hill; Hope; Howard; Hunter;Hupp; Isett; Janek; Keel; Keffer; King, P.; Kolkhorst; Krusee; Kuempel;Lewis, G.; Lewis, R.; Marchant; McCall; Merritt; Morrison; Mowery; Nixon;Reyna, E.; Seaman; Shields; Smithee; Solomons; Swinford; Talton; Williams;Wilson; Wohlgemuth; Woolley.

Present, not voting — Mr. Speaker(C); Edwards; Garcia.



CSHB 1636 ON SECOND READING(by McCall, Averitt, Bosse, Chisum, and Gallego)

CSHB 1636, A bill to be entitled An Act relating to continuation andfunctions of the Savings and Loan Department and the regulation of certainfinancial institutions and businesses.

CSHB 1636 was passed to engrossment.

CSHB 2310 ON SECOND READING(by Chisum, Swinford, Walker, Bosse, and Cook)

CSHB 2310, A bill to be entitled An Act relating to the continuationand functions of the State Soil and Water Conservation Board and to theelection of directors of local soil and water conservation districts.


CSHB 1168 ON SECOND READING(by Wilson)

CSHB 1168, A bill to be entitled An Act relating to conflicts of interestof a lobbyist; providing a penalty.


(Bosse in the chair)

CSHB 1514 ON SECOND READING(by Junell, et al.)

CSHB 1514, A bill to be entitled An Act relating to the operation ofcertain commercial enterprises.

Amendment No. 1

Representative West offered the following amendment to CSHB 1514:

Amend CSHB 1514 as follows:On page 1, line 24, insert "city, county," between "applicable" and "state".


CSHB 1514, as amended, was passed to engrossment.

HB 10 ON SECOND READING(by Telford, et al.)

HB 10, A bill to be entitled An Act relating to the preservation of stateand local historic property.

Amendment No. 1 (Committee Amendment No. 1)

Representative Farabee offered the following committee amendment toHB 10:

Amend HB 10, on page 4, line 21, between "commission" and "to", byinserting ", subject to the budgetary authority and approval of thecommissioners court,"



Amendment No. 2

Representative Thompson offered the following amendment to HB 10:

Amend HB 10 on page 9, between lines 5 and 6 by adding a newSection 6 to read as follows and renumbering the subsequent sectionsappropriately:

SECTION 6. Chapter 442, Government Code, is amended by addingSection 442.018 to read as follows:

Sec. 442.017. IDENTIFICATION AND PRESERVATION OF TEXASUNDERGROUND RAILROAD HISTORICAL SITES. (a) The commissionshould establish a program to identify and preserve Texas Underground RailroadHistorical Sites.

(b) The commission is encouraged to use volunteers to the maximum extentpossible to implement the program and to model the program to the extentappropriate on the "Adopt-A-Beach" program conducted by the General LandOffice.

(c) The commission may accept gifts, grants, and in-kind donations frompublic and private entities for the implementation of the program. Thelegislature may appropriate money to the commission to implement the program.

(d) The commission may adopt rules reasonably necessary to implementthe program.


HB 10, as amended, was passed to engrossment.

CSHB 2840 ON SECOND READING(by Telford)

CSHB 2840, A bill to be entitled An Act relating to a partnership betweenTexas A&M University—Texarkana and Texarkana College District.


CSHB 1193 ON SECOND READING(by Brimer)

CSHB 1193, A bill to be entitled An Act relating to possession andconsumption of an alcoholic beverage on premises that are licensed or permittedunder the Alcoholic Beverage Code and located in certain public facilities.

CSHB 1193 was passed to engrossment. (Delisi recorded voting no)

CSHB 482 ON SECOND READING(by Naishtat)

CSHB 482, A bill to be entitled An Act relating to protecting certainpersons from retaliation by nursing homes or intermediate care facilities.

CSHB 482 was passed to engrossment. (Howard recorded voting no)

CSHB 1938 ON SECOND READING(by Solis, Gutierrez, Raymond, and J. Moreno)

CSHB 1938, A bill to be entitled An Act relating to education loans madeor financed by a higher education authority or nonprofit corporation.


Amendment No. 1

Representatives Dunnam and Averitt offered the following amendment toCSHB 1938:

Amend CSHB 1938 on page 8, between lines 14 and 15, by insertingthe following:

(k) Subsection (a)(5) expires September 1, 2003. On or afterSeptember 1, 2003, in this section, the term "qualified nonprofitcorporation" means any nonprofit corporation authorized by a city toexercise the powers of an authority under this section.



CSHB 2249 ON SECOND READING(by Goodman)

CSHB 2249, A bill to be entitled An Act relating to certain suitsaffecting the parent-child relationship.


HB 2575 ON SECOND READING(by Goolsby)

HB 2575, A bill to be entitled An Act relating to the total amount ofstudent services fees that may be charged at certain institutions of highereducation.

HB 2575 was passed to engrossment. (Delisi, Howard, and Taltonrecorded voting no)

CSHB 2495 ON SECOND READING(by Haggerty)

CSHB 2495, A bill to be entitled An Act relating to requiring a valetparking service to maintain financial responsibility; creating an offense.

Amendment No. 1

Representative Haggerty offered the following amendment toCSHB 2495:

1) Amend HB 2495 on page 2, line 11 by adding the words "orcomprehensive general liability and garage" after the word "liability" andbefore the word "insurance".

2) Amend HB 2495 by inserting "(a)" on page 2, line 25 after the word"AMOUNTS" and before the word "The".

3) Amend HB 2495 on page 3 line 9 by adding new subdivisions (b) and(c) to read as follows:

(b) The comprehensive general liability insurance must be on a broadform and provide limits of liability for bodily injury and property damage ofnot less than $300,000 combined single limit, or the equivalent.

(c) The garage insurance must provide limits of liability for bodilyinjury and property damage of not less than $300,000 combined single limit,or the equivalent, and must provide the following coverages:


(1) Comprehensive and collision coverage for physical damage.(2) Coverage for vehicle storage.(3) Coverage for a vehicle driven by or at the direction of the valet

parking service.



HB 2494 ON SECOND READING(by Haggerty)

HB 2494, A bill to be entitled An Act relating to the ratification of theInterstate Compact for Adult Offender Supervision.

HB 2494 was passed to engrossment. (Corte recorded voting no)

CSHB 2700 ON SECOND READING(by Chavez, Puente, Wohlgemuth, Solis, and Chisum)

CSHB 2700, A bill to be entitled An Act relating to certain servicesprovided through telemedicine.

Amendment No. 1

Representative Chavez offered the following amendment to CSHB 2700:

Amend CSHB 2700 as follows:(1) On page 1, line 19, strike "be operated" and substitute "provide

services".(2) On page 4, strike line 15 and substitute:

57.047, but is not entitled to the discounts specified in Subchapter G, Chapter58, unless otherwise eligible to receive those discounts as provided by thatsubchapter.



CSHB 947 ON SECOND READING(by S. Turner)

CSHB 947, A bill to be entitled An Act relating to the survival of awrongful death suit on the death of the plaintiff.


CSHB 1768 ON SECOND READING(by Grusendorf)

CSHB 1768, A bill to be entitled An Act relating to clarifications infinance law and regulatory authority and efficient administration by theFinance Commission of Texas and the Texas Department of Banking.


CSHB 678 ON SECOND READING(by McCall)

CSHB 678, A bill to be entitled An Act relating to collection and useof biometric identifiers; providing a civil penalty.


Amendment No. 1

Representative Hupp offered the following amendment to CSHB 678:

Amend CSHB 678 at the end of SECTION 2 of the bill (Committeeprinting, page 3, between lines 11 and 12) by inserting the following:

Sec. 559.004. Notwithstanding Sections 521.142 and 521.1425,Transportation Code, or any other law, the Department of Public Safety maynot:

(1) take a thumbprint or fingerprint of an applicant for an originalor renewal driver's license unless the applicant consents to the taking of thethumbprint or fingerprint; or

(2) refuse to issue or renew the driver's license because the applicantdoes not consent to the taking of the thumbprint of fingerprint.


Amendment No. 1 failed of adoption by (Record 139): 40 Yeas, 98 Nays,2 Present, not voting.

Yeas — Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Callegari;Christian; Clark; Corte; Crabb; Craddick; Davis, J.; Delisi; Denny; Driver;George; Goolsby; Green; Hamric; Hardcastle; Hartnett; Heflin; Hill; Hope;Howard; Hunter; Hupp; Isett; Keffer; Najera; Reyna, E.; Seaman; Shields;Smith; Solomons; Talton; Telford; Williams; Wohlgemuth; Woolley.

Nays — Alexander; Allen; Averitt; Bailey; Burnam; Capelo; Carter; Chavez;Chisum; Coleman; Cook; Counts; Crownover; Danburg; Davis, Y.; Dukes;Dunnam; Dutton; Edwards; Ehrhardt; Elkins; Ellis; Farabee; Farrar; Flores;Gallego; Garcia; Geren; Giddings; Glaze; Gray; Grusendorf; Gutierrez; Haggerty;Hawley; Hinojosa; Hochberg; Hodge; Homer; Hopson; Janek; Jones, D.;Jones, E.; Jones, J.; Junell; Keel; King, P.; Kitchen; Kolkhorst; Kuempel;Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Martinez Fischer;Maxey; McCall; McClendon; McReynolds; Menendez; Merritt; Moreno, J.;Moreno, P.; Morrison; Mowery; Naishtat; Nixon; Noriega; Oliveira; Olivo;Pickett; Pitts; Puente; Rangel; Raymond; Reyna, A.; Ritter; Sadler; Salinas;Smithee; Solis; Swinford; Thompson; Tillery; Turner, B.; Turner, S.; Uher; Uresti;Villarreal; Walker; West; Wilson; Wise; Wolens; Yarbrough; Zbranek.

Present, not voting — Mr. Speaker; Bosse(C).


Absent — Deshotel; Eiland; Goodman; King, T.; Krusee; Ramsay.

STATEMENT OF VOTE

When Record No. 139 was taken, I was in the house but away from mydesk. I would have voted yes.

Ramsay


(Hilderbran now present)

CSHB 223 ON SECOND READING(by Wise)

CSHB 223, A bill to be entitled An Act relating to proceduralrequirements applicable to the release on parole of certain sex offenders.


Amendment No. 1

Representative Clark offered the following amendment to CSHB 223:

Amend CSHB 223 by adding the following:(1) On page 2, line 1-2, strike "go in, on, or within a distance specified bythe panel of" and substitute "with respect to".(2) On page 2, line 4, strike "; and" and substitute ":

(i) go in or on the premises or within a distance of the premisesspecified by the panel; or

(ii) reside in a residence located within 500 feet of the premises;"and(3) On page 2, line 10, insert the following:

"(g) For purposes of Subsection (b)(1)(B)(ii), the measurement of thedistance between a residence and a premises described by Subsection(b)(1)(B) is a direct line from the property line of the residence to theproperty line of the premises, and in a direct line across intersections.

(h) Notwithstanding Subsection (b)(1)(B)(ii), a parole panel requirementthat a releasee not reside in a residence located within 500 feet of premiseswhere children commonly gather does not apply to a releasee if:

(1) the premises became a premises where children commonly gatheronly after the releasee began residing in the residence; or

(2) the residence is owned by the releasee and was owned by thereleasee at the time of committing the offense giving rise to supervisionunder this chapter."




CSHB 1314 ON SECOND READING(by Hopson)

CSHB 1314, A bill to be entitled An Act relating to requiring certaininmates of the Texas Department of Criminal Justice to participate intreatment programs.


CSHB 1920 ON SECOND READING(by Counts)

CSHB 1920, A bill to be entitled An Act relating to the transfer, sale, orassignment of structured settlements.

Representative Counts moved to postpone consideration of CSHB 1920until 10 a.m. Monday, April 23.


HB 234 ON SECOND READING(by Hawley, Delisi, Hunter, and Noriega)

HB 234, A bill to be entitled An Act relating to exempting members ofthe armed forces from the Texas Academic Skills Program.

HB 234 was passed to engrossment.


CSHB 409 ON SECOND READING(by Shields, et al.)

CSHB 409, A bill to be entitled An Act relating to the requirement thatthe name, address, and phone number of a bondsman appear on the face ofperformance and payment bonds.


CSHB 785 ON SECOND READING(by Isett)

CSHB 785, A bill to be entitled An Act relating to the liability forperforming certain services for another governmental unit.


CSHB 651 ON SECOND READING(by P. King)

CSHB 651, A bill to be entitled An Act relating to the operation ofcertain all-terrain vehicles on public streets, roads, and highways.


CSHB 845 ON SECOND READING(by Nixon, Noriega, Naishtat, and Hochberg)

CSHB 845, A bill to be entitled An Act relating to suspension of certainlimitations periods applicable to insurance policies issued to or coveringHolocaust victims; providing an administrative penalty.

HB 845 — STATEMENT OF LEGISLATIVE INTENT

REPRESENTATIVE THOMPSON: Representative Nixon, I’m going to askyou something for legislative intent, if I may?

REPRESENTATIVE NIXON: Yes, ma’am.

THOMPSON: Is it not your intent with this bill to create a cause of actionagainst insurance companies or to reinsure these rights?

NIXON: No ma’am. This does not create any new causes of actions orclaims. And it does not provide for any new punitive damages or attorneysfees. It simply provides a process by which claimants can collect on thepolicies that were issued at that time period.

THOMPSON: So all we’re really doing here is reviving the statute oflimitations that might have expired on claims that already existed and notcreating any new claims.

NIXON: That’s correct.

THOMPSON: Thank you very much.

REMARKS ORDERED PRINTED

Representative Thompson moved to print remarks by RepresentativeThompson and Representative Nixon.



Amendment No. 1

Representative Naishtat offered the following amendment to CSHB 845:

Amend CSHB 845 as follows:(1) On page 2, between lines 22 and 23, insert a new Subsection (b) to

read as follows:(b) If the commissioner considers it to be necessary, the commissioner

may initiate an examination under Article 1.15 of this code.(2) Strike page 2, line 23 through page 3, line 9, and substitute the

following:(c) If the commissioner believes that a violation of the article by an

insurer has occurred or is occurring, the commissioner may:(1) impose sanctions under Chapter 82 of this code;(2) issue a cease and desist order under Chapter 83 of this code;(3) assess an administrative penalty under Chapter 84 of this code;

or(4) refer the matter to the attorney general for appropriate

enforcement.


Amendment No. 2

Representative Naishtat offered the following amendment to CSHB 845:

Amend CSHB 845 on page 3 by striking line 10.



RESOLUTIONS CALENDAR

The chair laid before the house the following resolution on committeereport:

HCR 109 (by Gutierrez, Maxey, Gallego, and Dunnam), Supporting theestablishment of a 2-1-1 information and referral telephone network for Texas.

HCR 109 was adopted without objection.



RULES SUSPENDED

Representative Hochberg moved to suspend the 5-day posting rule toallow the Committee on Public Education, Subcommittee on School Finance,to consider pending bills at 2 p.m. or upon adjournment of the house,tomorrow in E2.036.


Representative Alexander moved to suspend the 5-day posting rule toallow the Committee on Transportation to consider HB 3433.



Representative Hinojosa moved to suspend the 5-day posting rule toallow the Committee on Criminal Jurisprudence to consider HB 225, HB 800and HB 1555.


COMMITTEE MEETING ANNOUNCEMENTS

The following committee meetings were announced:

Ways and Means, upon adjournment today, E2.016, for a formal meeting,to consider pending business before the committee.

Judicial Affairs, upon adjournment today, Desk 67, for a formal meeting,to consider SB 1223.

Juvenile Justice and Family Issues, upon adjournment today, Desk 45, fora formal meeting, to consider HB 1453, HB 3677, SB 1000, and pendingbusiness.

Higher Education, upon adjournment today, Desk 118, for a formalmeeting, to consider pending bills.

Land and Resource Management, upon adjournment today, Desk 107, fora formal meeting, to consider pending business.

Transportation, upon adjournment today, E2.026, for a public hearing.

House Administration, upon adjournment today, Desk 93, for a formalmeeting, to consider HB 2061.

BILLS AND JOINT RESOLUTIONS ON FIRST READINGAND REFERRAL TO COMMITTEES

RESOLUTIONS REFERRED TO COMMITTEES

Bills and joint resolutions were at this time laid before the house, readfirst time, and referred to committees. Resolutions were at this time laid beforethe house and referred to committees. (See the addendum to the dailyjournal, Referred to Committees, List No. 1.)

ADJOURNMENT

Representative Geren moved that the house adjourn until 10 a.m.tomorrow.


The house accordingly, at 5:42 p.m., adjourned until 10 a.m. tomorrow.

————————————————ADDENDUM

——————————————

REFERRED TO COMMITTEES

The following bills and joint resolutions were today laid before thehouse, read first time, and referred to committees, and the followingresolutions were today laid before the house and referred to committees. Ifindicated, the chair today corrected the referral of the following measures:


List No. 1

HR 744 (By Brimer), Honoring Dr. Sidney Poynter for his 39 years assuperintendent of Crowley ISD.

To Rules & Resolutions.

HR 745 (By Brimer), Honoring the Mansfield High School girlsbasketball team for winning the 2001 UIL Class 5A state title.


HR 746 (By Brimer), In memory of Gerald A. Hubener of Duncanville.To Rules & Resolutions.

HR 748 (By Noriega), Recognizing the contributions of the Sims BayouUrban Nature Center in Houston.


HR 749 (By Noriega), In memory of Engilberto Javier Ramos ofHouston.


HR 750 (By Noriega), Honoring the 49th Armored Division of the TexasNational Guard for its impressive peacekeeping efforts in Bosnia.


HR 752 (By West), In memory of Alton Lewis Richardson of Odessa.To Rules & Resolutions.

HR 754 (By Telford), Honoring the memory of Dr. Walter CarlyleBarnes, Jr., of Texarkana.


HR 755 (By J. Jones), Honoring the career achievements of Henry L."Hank" Aaron.


SB 7 to Criminal Jurisprudence.

SB 19 to Public Education.

SB 177 to Human Services.

SB 317 to Financial Institutions.


SB 386 to Higher Education.

SB 514 to Public Health.


SB 654 to Public Safety.


SB 817 to Licensing & Administrative Procedures.





SB 976 to Appropriations.


SB 1023 to Elections.







SB 1123 to Ways & Means.

SB 1147 to Land & Resource Management.



SB 1210 to Judicial Affairs.




SB 1327 to Public Education.

SB 1353 to Transportation.


SB 1419 to Civil Practices.


SB 1433 to Judicial Affairs.

SB 1454 to Agriculture & Livestock.





SB 1589 to Juvenile Justice & Family Issues.

SB 1611 to Financial Institutions.

SB 1629 to Natural Resources.

SB 1637 to Business & Industry.


SB 1659 to State Affairs.

SB 1680 to Transportation.






SCR 34 to Energy Resources.

SCR 35 to Environmental Regulation.

MESSAGES FROM THE SENATE

The following messages from the senate were today received by thehouse:

Message No. 1

MESSAGE FROM THE SENATESENATE CHAMBER

Austin, TexasTuesday, April 17, 2001

The Honorable Speaker of the HouseHouse ChamberAustin, Texas

Mr. Speaker:

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

THE SENATE HAS PASSED THE FOLLOWING MEASURES:

HB 831 Madden SPONSOR: ShapiroRelating to the cancellation of an election to fill a vacancy in the legislaturewhen a candidate is running unopposed.

HCR 3 Gallego SPONSOR: MadlaIn memory of Dr. Arvel R. Ponton, Jr.

HCR 4 Gallego SPONSOR: MadlaHonoring John R. Foster on the occasion of his retirement.

HCR 35 Gallego SPONSOR: MadlaIn memory of Jason Wesley Morgan.

HCR 36 Gallego SPONSOR: MadlaHonoring Charles Coleman Winn for his philanthropy.

HCR 37 Gallego SPONSOR: MadlaIn memory of John G. Prude.

HCR 195 Berman SPONSOR: StaplesHonoring Louise H. Ornelas of Tyler for her philanthropy.

HJR 47 Madden SPONSOR: ShapiroProposing a constitutional amendment authorizing the cancellation of an electionto fill a vacancy in the legislature when a candidate is running unopposed.(AMENDED)


SB 355 LindsayRelating to a nursing home resident’s right to informed consent regarding theprescription of certain drugs.

SB 437 StaplesRelating to the offense of theft of service.

SB 497 ShapleighRelating to information a state agency may post on the Internet.

SB 698 CaronaRelating to the applicability of the rule against perpetuities to trusts.

SB 795 Ellis, RodneyRelating to the forfeiture of profits received from the sale of crime memorabilia.

SB 862 StaplesRelating to the exemption from ad valorem taxation for freeport goods.

SB 865 StaplesRelating to the changing of an ad valorem tax appraisal roll.

SB 913 OgdenRelating to a lien on a cause of action or claim of an individual who receivescertain medical services.

SB 968 BivinsRelating to certain civil consequences of a theft involving motor fuel.

SB 1126 OgdenRelating to expunction for unadjudicated but admitted offenses.

SB 1190 Ellis, RodneyRelating to technology development and transfer by institutions of highereducation.

SB 1238 MoncriefRelating to creation of a voluntary child-care registry for certain child-careproviders.

SB 1586 MoncriefRelating to fees for copies of birth and death certificates.

SB 1760 LucioRelating to the housing trust fund.

SJR 26 CaronaProposing a constitutional amendment to remove the prohibition againstperpetual trusts.

SJR 50 LucioProposing a constitutional amendment providing for the issuance of bonds toaugment funds for low and very low income housing.

Respectfully,

Betty KingSecretary of the Senate


Message No. 2


Austin, TexasTuesday, April 17, 2001 - 2


Mr. Speaker:



LOCAL AND UNCONTESTED CALENDAR

SB 19 NelsonRelating to the improvement of children’s health through daily physicalactivity in public schools and a coordinated approach by public schools toprevent obesity and certain diseases.

SB 361 LucioRelating to the membership and activities of the Interagency Council onAutism and Pervasive Developmental Disorders.

SB 386 BivinsRelating to updating references to the campuses of the Texas State TechnicalCollege System.

SB 654 StaplesRelating to certain licensing information required for registration as a sexoffender.

SB 817 ArmbristerRelating to the requirement that the name of a state agency be printed oncertain state motor vehicles.

SB 833 MoncriefRelating to child-care services.

SB 890 OgdenRelating to the operation of a commercial motor vehicle in this state.

SB 917 ShapiroRelating to the aggregation of amounts involved in the offense of breach ofcomputer security to determine punishment.

SB 976 FraserRelating to establishing a permanent fund for veterans care.

SB 1006 Van de PutteRelating to testing for accidental exposure to hepatitis B or hepatitis C.

SB 1023 Brown, J. E. “Buster”Relating to compensation for services rendered at a polling place by electionofficers.


SB 1024 CaronaRelating to investigations under and enforcement of the law regulating thepractice of podiatry.

SB 1051 ShapleighRelating to the training and regulation of promotoras and community healthworkers.

SB 1057 Ellis, RodneyRelating to the administration of the TEXAS grant program and to thedissemination of student financial aid information.

SB 1090 Ellis, RodneyRelating to codifying in general law various riders in the GeneralAppropriations Act.

SB 1091 Ellis, RodneyRelating to limitations on payments for settlement of judgments made bystate agencies from appropriated money.

SB 1123 ArmbristerRelating to the enforcement and collection of taxes, fees, and other revenue;providing criminal penalties.

SB 1147 LindsayRelating to county authority to regulate vehicular or pedestrian gates to andto require building numbers for certain multi-unit housing projects; providinga penalty.

SB 1174 WentworthRelating to the punishment for the offense of criminal mischief involving apublic water supply.

SB 1242 MoncriefRelating to criminal history checks of employees and applicants foremployment in certain long-term care facilities.

SB 1262 Brown, J. E. “Buster”Relating to the authority of an officer to return stolen property to its owner.

SB 1300 CainRelating to the practice of medicine without an annual registration receipt.

SB 1353 ArmbristerRelating to the issuance of certain veterans license plates.

SB 1371 Brown, J. E. “Buster”Relating to denial of renewal of a driver’s license for failure to pay certainfines.

SB 1424 Brown, J. E. “Buster”Relating to certain practices and procedures involving the conduct of earlyvoting by mail.

SB 1433 OgdenRelating to the jurisdiction of the 85th, 272nd, and 361st District Courts inBrazos County.


SB 1454 LucioRelating to the Texas Food for Health Advisory Council.

SB 1464 NelsonRelating to signature requirements for certain petitions filed in connectionwith a candidate’s application for a place on the ballot.

SB 1475 DuncanRelating to the abolition of the Children’s Trust Fund of Texas Council andto the transfer of its powers and duties to the Department of Protective andRegulatory Services.

SB 1498 HarrisRelating to authorizing a recreational facility fee at The University of Texasat Arlington.SB 1583 Van de PutteRelating to reports submitted to the Commission on Law Enforcement OfficerStandards and Education.

SB 1589 MoncriefRelating to removing the Texas Juvenile Probation Commission from the listof agencies considered to be health and human services agencies generallysubject to the authority of the Health and Human Services Commission.

SB 1611 FraserRelating to the structure and functions of the Texas Treasury SafekeepingTrust Company.

SB 1637 BernsenRelating to discount cards deceptively marketed as insurance.

SB 1648 BernsenRelating to the application of the sex offender registration program to certainpersons who violate the laws of another state or violate federal law, includingmilitary law.

SB 1680 JacksonRelating to audits of the promotion and development fund of a navigationdistrict.

SB 1681 JacksonRelating to the waiver of a jury trial in the prosecution of a misdemeanoroffense within the jurisdiction of the justice and municipal courts.

SB 1722 BivinsRelating to the transfer of the Amarillo campus of the Texas State TechnicalCollege System to Amarillo College.

SB 1747 HaywoodRelating to the offense of theft of livestock from a commission merchant.

SB 1767 CaronaRelating to the issuance of a protective custody order by a magistrate.

SCR 34 Brown, J. E. “Buster”Expressing support for the Minerals Management Service to proceed with theOuter Continental Shelf (OCS) lease in the eastern Gulf of Mexico.


SCR 35 Brown, J. E. “Buster”Memorializing Congress to require federally-controlled emission sources tomeet the same reduction schedule as state-controlled sources.

Respectfully,


Message No. 3




Mr. Speaker:



SB 246 ShapleighRelating to a review of transportation projects related to international trade.

SB 297 West, RoyceRelating to providing supplemental financial assistance to certaingrandparents.

SB 551 Van de PutteRelating to the possession of and access to certain children by parents whohave engaged in sexual assault.

SB 1186 ShapleighRelating to requiring the Texas Higher Education Coordinating Board topublish certain performance data provided to the board by general academicteaching institutions.

SB 1289 CaronaRelating to designating a model injury prevention center.

SCR 1 WentworthGranting R. C. Crawford and Crawford Heavy and Marine ConstructionLimited permission to sue the state and the Texas Department ofTransportation.

Respectfully,



Message No. 4




Mr. Speaker:



SB 305 HarrisRelating to the continuation and functions of the Texas Parks and WildlifeDepartment.

SB 536 Ellis, RodneyRelating to compensation for wrongful imprisonment.

SB 572 MoncriefRelating to the reduction of the shortage of registered nurses by establishinga program to increase enrollments in nursing education programs, increasingnursing faculty, and creating a nursing workforce data center.

SB 875 West, RoyceRelating to participation of fathers in programs and services administered bythe Health and Human Services Commission and health and human servicesagencies and functions performed by the office of the attorney general.

SB 1196 TruanRelating to the use of certain practices in disciplining or techniques inmanaging the behavior of public school students.

SB 1282 LucioRelating to the funding of port transportation or facility projects or portstudies.

SB 1339 OgdenRelating to requiring owners or operators of poultry operations to implementand maintain certified water quality management plans.

SB 1345 ArmbristerRelating to the interception of wire, oral, or electronic communications, to theuse of pen registers and trap and trace devices, and to the civil and criminalconsequences of improperly engaging in those activities.

SB 1430 West, RoyceRelating to a court order of retroactive child support or for the abeyance ofthe enforcement of child support arrearages.

Respectfully,



————————————————APPENDIX

——————————————

STANDING COMMITTEE REPORTS

Favorable reports have been filed by committees as follows:

April 11

County Affairs - HB 1950, HB 2863, HB 2937

Economic Development - HB 76, HB 1348, HB 2327, HB 2503,HB 2763, HB 2769

Energy Resources - SB 1015

Financial Institutions - HB 2453, HB 2988, SB 626

House Administration - HB 2877

Human Services - SB 691

Insurance - HB 2498

Juvenile Justice & Family Issues - HB 691, HB 2638

Land & Resource Management - HB 9, HB 2050, HB 2052, HB 2793,HB 2794

Natural Resources - HB 3017, HB 3023, HB 3024, HB 3543, HB 3587,HB 3642, HB 3659

State Recreational Resources - SB 1410

State, Federal & International Relations - HB 3387, SB 718

Ways & Means - HB 2175, HB 2412, HB 3121

April 12

Business & Industry - HB 3430

Civil Practices - HB 560, HB 740, HB 1080, HB 2301, HB 2312,HB 2723, HB 3472, SB 84

Corrections - HB 726, HB 2114, SB 636

County Affairs - HB 1148, HB 2405, HB 2760, HB 2818, HB 3647,HB 3660

Criminal Jurisprudence - HB 31, HB 131, HB 367, HB 510, HB 1539,HB 1726, HB 2926, SB 215, SB 923

Elections - HB 407, HB 2639

Financial Institutions - HB 1995, SB 788

Higher Education - HB 910, HB 1640, HB 1716, HB 2459, HB 2476,HB 3004, HB 3258, HB 3265, HB 3303, SB 74, SB 263, SB 462, SB 576,SB 989

Insurance - HB 548, HB 1982, HB 2146, HB 2389, HB 3079


Land & Resource Management - HB 2138, HB 2683, SB 916, SB 936,SB 1144, SB 1672

Natural Resources - HB 2005, HB 2532, HB 2687, HB 2776, HB 2817,HB 2855, HB 3044, HB 3194, HB 3195, HB 3231, HB 3355, HB 3404,HB 3629, HB 3640, HB 3651, HB 3652, HB 3655, HB 3674

Public Education - HB 623, HB 2118, HB 2452, HB 2570

Public Health - SB 509

Urban Affairs - HB 829, HB 1957, HB 2273, HB 2384, HB 2486,HB 3193, HB 3623, SB 510, SB 738

Ways & Means - HB 2378, HB 2756, HB 3392, HB 3595

April 16

Business & Industry - HB 557, HB 1049, HB 1324, HB 2530, HB 2804,HB 2976, HB 3081, HB 3120, HB 3151, HB 3212, HB 3458, HCR 174,SB 583, SB 620

County Affairs - HB 2477

Criminal Jurisprudence - HB 267, HB 738, HB 1181, HB 1354,HB 1572, HB 1925, HB 3358, SB 203

Economic Development - SB 813

Elections - HB 563, HB 1599, HB 1856, HB 2692, HB 2693

Judicial Affairs - HB 2167, HB 2633, HB 3192, HB 3627, HB 3637,HB 3643, HB 3646, HB 3662, HB 3664

Land & Resource Management - HB 2117, HB 2481, HB 2684,HB 3479, SB 365

Natural Resources - HB 2761, HB 3648

Public Health - HB 998, SB 831

Transportation - HB 1128, HB 1681, HB 1939, HB 2616, HB 2909,HB 3441, SCR 25

ENGROSSED

April 11 - HB 7, HB 85, HB 310, HB 337, HB 821, HB 1117, HB 1162,HB 1323, HB 1811, HB 1922, HB 2109, HB 2147, HB 2509

SENT TO THE GOVERNOR

April 11 - HCR 101, HCR 129, HCR 130, HCR 131

SIGNED BY THE GOVERNOR

April 11 - HCR 182, HCR 188

HOUSE JOURNAL · Tuesday, April 17, 2001 HOUSE JOURNAL — 53rd Day 1133 HR 452 - ADOPTED (by...

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