EIGHTY-FIRST DAY · WHEREAS, Bob Hope will forever be remembered for his selfless devotion and his dedication to entertaining the thousands of men and women in the military, and he

EIGHTY-FIRST DAYTHURSDAY, MAY 29, 2003

PROCEEDINGS

The Senate met at 11:00 a.m. pursuant to adjournment and was called to order by

Senator Lucio.

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

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

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

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

Zaffirini.

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

The Reverend Paul McCallum, Saint Paul ’s Catholic Church, Austin, offered theinvocation as follows:

Lord, make me an instrument of Your peace. Where there is hatred, let

me sow love; where there is injury, pardon; where there is doubt, faith;

where there is despair, hope; where there is darkness, light; and where there

is sadness, joy. Divine Master, grant that I may not so much seek to be

consoled as to console, to be understood as to understand, to be loved as to

love, for it is in giving that we receive, it is in pardoning that we are

pardoned, and it is in dying that we are born to eternal life. Amen.

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

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

The motion prevailed without objection.

SENATE RESOLUTION 945

Senator Deuell offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pleasure in paying tribute to

Bob Hope on the grand occasion of his 100th birthday on May 29, 2003; and

WHEREAS, Bob Hope, actor, entertainer, and comedian, is known around the

world as a star of film and television, but it is in the hearts of generations of United

States servicemen and servicewomen that his most enduring legacy will reside; and

WHEREAS, Bob Hope ’s commitment to entertaining the troops began in May,1941, when he took a group of entertainers with him to March Field, California, to do

a radio show for airmen stationed there; since then, in every war from World War II to

the Gulf War, from remote outpost to the battlefront, Bob Hope traveled the globe to

entertain the troops; and

WHEREAS, Appearing in khakis or fatigues, like his audience, Bob was able to

bond with the troops and make them smile, for a while, and forget the horrors of war;

and

WHEREAS, Bob was honored by the United States Congress five times, and in

October, 1997, Congress bestowed upon him the title Honorary Veteran–the first time

an individual was so honored in the history of the United States; and

WHEREAS, Bob Hope will forever be remembered for his selfless devotion and

his dedication to entertaining the thousands of men and women in the military, and he

is truly a part of our heritage; Bob, thanks for the memories; now, therefore, be it

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

commend Bob Hope for his unwavering commitment to supporting America ’sservicemen and servicewomen and extend best wishes to him on his 100th birthday;

and, be it further

RESOLVED, That a copy of this Resolution be prepared for him as a token of

the high regard of the Texas Senate.

The resolution was read and was adopted without objection.

GUESTS PRESENTED

Senator Deuell was recognized and introduced to the Senate retired Colonel

Raymond Holmes of the United States Air Force, Executive Director of the United

Service Organizations of San Antonio and Central Texas, Incorporated, and retired

Colonel Richard Ross of the United States Army, Executive Director of the United

Service Organizations of Fort Hood.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator VanideiPutte was recognized and introduced to the Senate the

third-grade class from La Escuela de las Americas charter school in San Antonio,

accompanied by the school administrator, Frances J. Teran; teacher, Rudy Vidal; other

school board administrators; and parents.


PHYSICIAN OF THE DAY

Senator Ratliff was recognized and presented Dr. Michael McShan of Kilgore as

the Physician of the Day.

The Senate welcomed Dr. McShan and thanked him for his participation in the

Physician of the Day program sponsored by the Texas Academy of Family

Physicians.

3254 78th Legislature — Regular Session 81st Day

HOUSE CONCURRENT RESOLUTION 272

The Presiding Officer laid before the Senate the following resolution:

WHEREAS, HBi2533 has passed the Texas House of Representatives and the

Texas Senate and is now in the office of the governor; and

WHEREAS, Further consideration of the bill by the house of representatives and

the senate is necessary; now, therefore, be it

RESOLVED by the 78th Legislature of the State of Texas, That the governor be

hereby requested to return House Bill No. 2533 to the house of representatives for

further consideration; and, be it further

RESOLVED, That the action of the speaker of the house of representatives and

the president of the senate in signing House Bill No. 2533 be declared null and void

and that the two presiding officers be authorized to remove their signatures from the

enrolled bill.

STAPLES

The resolution was read.

On motion of Senator Staples and by unanimous consent, the resolution was

considered immediately and was adopted by a viva voce vote.


Senator VanideiPutte offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize June, 2003,

as Menopause Awareness Month in Texas; and

WHEREAS, Women comprise more than half of the population of Texas, and

every woman will experience menopause; and

WHEREAS, Menopause causes changes in a woman ’s body that can affect herability to function effectively and comfortably; the changes in hormones prior to and

during menopause can be truly debilitating and impair social interactions that affect a

woman and her family; and

WHEREAS, The long-term health risks associated with menopause are

substantial; they include osteoporosis, heart disease, and other health problems;

indeed, more than 50 percent of all women over age 50 will suffer an osteoporotic

fracture or die from cardiovascular disease; and

WHEREAS, Many women do not have access to health care professionals to

help them evaluate the extensive and often complex literature about menopause and

their health; nor do many women learn about the variety of treatment options

available to them as they enter this medically critical stage of their lives; and

WHEREAS, This special month is an important public awareness campaign

through which women in our state can learn to deal with the impact of menopause on

their lives and assess the treatment options for menopausal symptoms; now, therefore,

be it

Thursday, May 29, 2003 SENATE JOURNAL 3255

RESOLVED, That the Senate of the State of Texas, 78th Legislature, herebysupport all efforts to provide women the vital information and assistance to livehealthy lives during menopause and encourage all Texans to recognize June asMenopause Awareness Month in Texas.

The resolution was again read.

The resolution was previously adopted on Thursday, March 20, 2003.

GUESTS PRESENTED

Senator VanideiPutte was recognized and introduced to the Senate CoraliS.May,iR.N., Chief Executive Officer of The Menopause Connection, accompanied byDr. Arthur Greenberg and Kate Robertson of San Antonio.




HCR 264, Designating the Texas Music Museum the official music museum ofthe State of Texas.

BARRIENTOS


On motion of Senator Barrientos and by unanimous consent, the resolution wasconsidered immediately and was adopted without objection.



BE IT RESOLVED by the 78th Texas Legislature, Regular Session, That theSenate and House of Representatives of the State of Texas meet in Joint Session in theHall of the House of Representatives on Friday, May 30, 2003, to honor all Texanskilled during Operation Iraqi Freedom; and, be it further

RESOLVED, That the Honorable Rick Perry, Governor of Texas, all Texas stateofficials, and the family members of those killed in Iraq be, and are hereby, invited toattend the Regular Session of the 78th Legislature in Joint Session.

VANiDEiPUTTE


On motion of Senator VanideiPutte, the resolution was considered immediatelyand was adopted without objection.


Senator Wentworth offered the following resolution:

WHEREAS, Massage therapists have been regulated in Texas since 1985, andthere are currently over 19,000 registered therapists in our state; and

WHEREAS, Massage therapy provides relief to people of all ages, status, andhealth conditions, from athletes to executives, from laborers to office workers; and


WHEREAS, Stress is recognized as a major factor in disease, and massage

therapy is an effective means of stress management; and

WHEREAS, Massage therapy is a proven means of preventative health care and

is a restorative health service; and

WHEREAS, Massage therapy increases circulation, stimulates the natural

defenses of the lymph system, improves range of motion and joint flexibility, lowers

blood pressure, relaxes the muscles, and both specifically and generally improves

health; and

WHEREAS, Massage therapy is a low cost, high-quality method of improving

health, and an increased awareness of the benefits of massage therapy will contribute

to the health and welfare of the residents of the State of Texas; now, therefore, be it

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

recognize the benefits of massage therapy and proclaim the week of May 26 as

Massage Therapy Awareness Week in our state.

The resolution was again read.

The resolution was previously adopted on Monday, April 28, 2003.

GUEST PRESENTED

Senator Fraser was recognized and introduced to the Senate John Arthur

Martinez, country and western music performer from Marble Falls.

The Senate welcomed its guest.

SENATE BILL 161 WITH HOUSE AMENDMENTS

Senator Nelson called SBi161 from the President ’s table for consideration of theHouse amendments to the bill.

The Presiding Officer, Senator Lucio in Chair, laid the bill and the House

amendments before the Senate.

Floor Amendment No. 1

Amend SBi161 by adding the following appropriately numbered SECTIONS to

read as follows and renumbering subsequent SECTIONS accordingly:

SECTIONi____.iiSection 203.002(1), Occupations Code, is amended to read as

follows:

(1)ii"Board" means the [Texas] Board of Nurse Examiners [Health].

SECTIONi____.iiSubchapter A, Chapter 203, Occupations Code, is amended by

adding Section 203.007 to read as follows:

Sec.i203.007.iiBOARD OF NURSE EXAMINERS. (a) The board shall

administer this chapter. If, in administering this chapter, there is a conflict between

this chapter and Chapter 301, Chapter 301 controls.

(b)iiA reference in this chapter to the board or the department means the Board

of Nurse Examiners.

SECTIONi____.iiSection 203.101, Occupations Code, is amended to read as

follows:


Sec.i203.101.iiPROGRAM COORDINATOR. The board [department] shall,[with the approval of the board and] after consultation with the midwifery board,employ a coordinator for the midwifery program and the staff necessary to administerthe program.

SECTIONi____.iiSection 203.002(4), Occupations Code, is repealed.SECTIONi____.iiNot later than February 1, 2004, the Board of Nurse Examiners

shall review all rules adopted before that date and effective under Section203.151(a)(2), Occupations Code, and determine whether to approve those rules. Arule that is not approved by the board under this section has no effect.

SECTIONi____.ii(a) On February 1, 2004:(1)iiall functions and activities performed by the Texas Board of Health or

the Texas Department of Health related to Chapter 203, Occupations Code,immediately before that date are transferred to the Board of Nurse Examiners;

(2)iia form adopted by the Texas Board of Health or the Texas Departmentof Health related to Chapter 203, Occupations Code, is a form of the Board of NurseExaminers and remains in effect until amended or replaced by that board;

(3)iia reference in law or an administrative rule to the Texas Board of Healthor the Texas Department of Health related to Chapter 203, Occupations Code, meansthe Board of Nurse Examiners;

(4)iia complaint, investigation, or other proceeding before the Texas Boardof Health or the Texas Department of Health related to Chapter 203, OccupationsCode, is transferred without change in status to the Board of Nurse Examiners, andthe Board of Nurse Examiners assumes, as appropriate and without a change in status,the position of the Texas Board of Health or the Texas Department of Health in anaction or proceeding related to Chapter 203, Occupations Code, to which the TexasBoard of Health or the Texas Department of Health is a party;

(5)iiall money, contracts, leases, property, and obligations of the Texas Boardof Health or the Texas Department of Health related to Chapter 203, OccupationsCode, are transferred to the Board of Nurse Examiners;

(6)iia documentation issued by the Texas Board of Health or the TexasDepartment of Health under Chapter 203, Occupations Code, is a documentation ofthe Board of Nurse Examiners;

(7)iian employee of the Texas Board of Health or the Texas Department ofHealth who primarily performs duties related to Chapter 203, Occupations Code,becomes an employee of the Board of Nurse Examiners; and

(8)iithe unexpended and unobligated balance of any money appropriated bythe legislature to the Texas Board of Health or the Texas Department of Health inconnection with the administration of Chapter 203, Occupations Code, is transferredto the Board of Nurse Examiners.

(b)iiBefore February 1, 2004, the Texas Board of Health or the Texas Departmentof Health may agree with the Board of Nurse Examiners to transfer any property ofthe Texas Board of Health to the Board of Nurse Examiners to implement the transferrequired by this section.

(c)iiIn the period beginning on the effective date of this Act and ending onJanuary 31, 2004, the Texas Board of Health or the Texas Department of Health shall


continue to perform functions and activities under Chapter 203, Occupations Code, orother law as if that law had not been repealed or amended by this Act, and the formerlaw is continued in effect for that purpose.

Floor Amendment No. 2 on Third Reading

Amend SBi161 on third reading by striking Floor Amendment No. 1 by Capelo.

The amendments were read.

Senator Nelson moved to concur in the House amendments to SBi161.

The motion prevailed by a viva voce vote.

SENATE BILL 162 WITH HOUSE AMENDMENT

Senator Nelson called SBi162 from the President ’s table for consideration of theHouse amendment to the bill.

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


Amend SB 162 by striking lines 2-3 on page 4, and inserting the following:this chapter but that the noncompliance does not in any way involve the health andsafety of the public or an individual, the department may schedule the facility for

The amendment was read.

Senator Nelson moved to concur in the House amendment to SBi162.

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


Senator Bivins called SBi895 from the President ’s table for consideration of theHouse amendment to the bill.


Amendment No. 1

Amend engrossed SBi895 as follows:Amend Section 521.205(a), Transportation Code to read as follows:(a)iiThe department by rule shall provide for approval of a driver education

course conducted by the parent, stepparent, legal guardian, step-grandparent, orgrandparent of a person who is required to complete a driver education course toobtain a Class C license. The rules must provide that:

(1)iithe person conducting the course be a licensed driver possess a validlicense for the preceding three years; and

(A) the license has not been suspended, revoked, or forfeited in the pastthree years for traffic related violations;

(2)iithe student driver spend a minimum number of hours in:(A)iiclassroom instruction; and(B)iibehind-the-wheel instruction;

(3)iithe person conducting the course not be convicted of:(A)iicriminally negligent homicide; or(B)iidriving while intoxicated; and

(4)iithe person conducting the course not be disabled because of mentalillness.



Senator Bivins moved to concur in the House amendment to SBi895.



Senator Armbrister called SBi1261 from the President ’s table for considerationof the House amendment to the bill.


Amendment

Amend SB 1261 by substituting in lieu thereof the following:

A BILLTO BE ENTITLEDAN ACT

relating to notice of proposed construction and the marking and location of certainwireless communication facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:SECTIONi1.iiThis Act may be cited as the Jennings-Payne Act.SECTIONi2.iiChapter 35, Business & Commerce Code, is amended by adding

Subchapter J to read as follows:SUBCHAPTER J. WIRELESS COMMUNICATION FACILITY

Sec.i35.111.iiDEFINITION. In this subchapter, "wireless communicationfacility" means an equipment enclosure, antenna, antenna support structure, and anyassociated facility used for the reception or transmittal of a radio frequency,microwave, or other signal for a commercial communications purpose.

Sec.i35.112.iiNOTICE OF CONSTRUCTION. (a) A person proposing toconstruct a wireless communication facility that is taller than 100 feet shall, on orbefore the 30th day before the date the construction begins, mail a letter to each of thefollowing:

(1)iiany airport located within three miles of the proposed facility location;and

(2)iithe Texas Agricultural Aviation Association.(b)iiThe letter must state:

(1)iithe legal description of the proposed site of construction, including agraphic depiction showing the location, height, longitude, latitude, pad size, roadwayaccess, and proposed use of the wireless communication facility and location of anyguy wires;

(2)iiat a minimum, the name, phone number, electronic mail address, if any,and mailing address of the person proposing construction of the wirelesscommunication facility; and

(3)iia phone number that is operational 24 hours a day, seven days a week,for emergency purposes.

Sec.i35.113.iiEXCEPTIONS. This subchapter does not apply to any structurewhose main purpose is to provide electric service, a wireless communication facilityused by an entity only for internal communications, a wireless communication facilityconstructed by a municipality, a wireless communication facility used for emergencycommunications, a radio or television reception antenna, a satellite or microwaveparabolic antenna not used by a wireless communication service provider, areceive-only antenna, an antenna owned and operated by a federally licensed amateur


radio station operator, a cable television company facility, a radio or televisionbroadcasting facility, a colocation antenna, or a wireless communication facilityinstalled for colocation purposes.

Sec.i35.114.iiEFFECT ON CERTAIN ORDINANCES. This subchapter doesnot preempt a local ordinance regulating a wireless communication facility.

SECTIONi3.iiSubchapter B, Chapter 21, Transportation Code, is amended byadding Section 21.070 to read as follows:

Sec.i21.070.iiMARKING OF WIRELESS COMMUNICATION FACILITY. (a)In this section:

(1)ii"Cultivated field" means any open space or pasture larger than five acresin which a plant or tree nursery is located or an agricultural crop, including cotton,corn, grain, grapes, beets, peanuts, and rice, but not including grass grown for hay, isgrown on a continuing basis.

(2)ii"Wireless communication facility" has the meaning assigned by Section35.111, Business & Commerce Code.

(b)iiAbsence of plants, seedlings, or a crop on a temporary basis due to croprotation or other farm management techniques does not remove an open area from thedefinition of "cultivated field."

(c)iiThis section applies only to an antenna structure that is used to providecommercial wireless communications services and that is located in a cultivated fieldor within 100 feet of a cultivated field.

(d)iiA person who proposes to construct a wireless communication facility that isat least 100 feet but not more than 200 feet in height above ground level shall markthe highest guy wires on the facility, if any, with two warning spheres each.

SECTIONi4.ii(a)iiThe changes in law made by this Act apply only to a wirelesscommunication facility constructed on or after the effective date of this Act.

(b)iiThis Act takes effect immediately if it receives a vote of two-thirds of all themembers elected to each house, as provided by Section 39, Article III, TexasConstitution. If this Act does not receive the vote necessary for immediate effect, thisAct takes effect September 1, 2003.


Senator Armbrister moved to concur in the House amendment to SBi1261.



Senator Zaffirini called SBi45 from the President ’s table for consideration of theHouse amendment to the bill.


Amendment



relating to the operation of a motor vehicle while intoxicated with a child passenger inthe vehicle; providing a penalty.


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:SECTIONi1.iiChapter 49, Penal Code, is amended by adding Section 49.045 to

read as follows:Sec.i49.045.iiDRIVING WHILE INTOXICATED WITH CHILD PASSENGER.

(a) A person commits an offense if:(1)iithe person is intoxicated while operating a motor vehicle in a public

place; and(2)iithe vehicle being operated by the person is occupied by a passenger who

is younger than 15 years of age.(b)iiAn offense under this section is a state jail felony.SECTIONi2.iiSection 49.09(c)(1), Penal Code, is amended to read as follows:

(1)ii"Offense relating to the operating of a motor vehicle while intoxicated"means:

(A)iian offense under Section 49.04 or 49.045;(B)iian offense under Section 49.07 or 49.08, if the vehicle operated was

a motor vehicle;(C)iian offense under Article 6701l-1, Revised Statutes, as that law

existed before September 1, 1994;(D)iian offense under Article 6701l-2, Revised Statutes, as that law

existed before January 1, 1984;(E)iian offense under Section 19.05(a)(2), as that law existed before

September 1, 1994, if the vehicle operated was a motor vehicle; or(F)iian offense under the laws of another state that prohibit the operation

of a motor vehicle while intoxicated.SECTIONi3.iiSection 49.10, Penal Code, is amended to read as follows:Sec.i49.10.iiNO DEFENSE. In a prosecution under Section 49.03, 49.04,

49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, the fact that the defendant is or hasbeen entitled to use the alcohol, controlled substance, drug, dangerous drug, or othersubstance is not a defense.

SECTIONi4.ii(a)iiThis Act takes effect September 1, 2003.(b)iiThe change in law made by this Act applies only to an offense committed on

or after September 1, 2003.(c)iiAn offense committed before September 1, 2003, is covered by the law in

effect when the offense was committed, and the former law is continued in effect forthat purpose. For purposes of this section, an offense was committed beforeSeptember 1, 2003, if any element of the offense was committed before that date.


Senator Zaffirini moved to concur in the House amendment to SBi45.






Committee Amendment No. 1

Amend SBi245 as follows:

On line 9, after the word "services", insert "for ventilator dependant persons"








Amend the proposed SBi923 by adding a new SECTION 3 to read as follows:

SECTIONi3.iiThe change in law made by this Act to Section 250.006, Health

and Safety Code, does not apply to a person who is employed by a facility on the

effective date of this Act for the period during which the person is continuously

employed by that facility.

Renumber the existing SECTION 3 to SECTION 4.





Senator Barrientos called SBi147 from the President ’s table for consideration ofthe House amendment to the bill.



Amend SBi147 (Senate engrossment) in SECTION 1 of the bill, in proposed

Section 2057.002(a), Government Code (page 2, line 13), by striking "supersede" and

substituting "expand, supersede,".


Senator Barrientos moved to concur in the House amendment to SBi147.



Senator VanideiPutte called SBi1212 from the President ’s table for considerationof the House amendment to the bill.

The Presiding Officer, Senator Lucio in Chair, laid the bill and the House

amendment before the Senate.


Amendment



relating to participation by the attorney general ’s consumer protection division and theaward of civil penalties in an action under the Deceptive Trade Practices-ConsumerProtection Act.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:SECTIONi1.iiSection 17.47, Business & Commerce Code, is amended by

amending Subsection (c) and adding Subsections (g) and (h) to read as follows:(c)iiIn addition to the request for a temporary restraining order, or permanent

injunction in a proceeding brought under Subsection (a) of this section, the consumerprotection division may request, and the trier of fact may award, a civil penalty to bepaid to the state in an amount of:

(1)iinot more than $20,000 [$2,000] per violation[, not to exceed a total of$10,000]; and [or]

(2)ii[not more than $10,000 per violation, not to exceed a total of $100,000,]if [the consumer protection division determines that] the act or practice that is thesubject of the proceeding was calculated to acquire or deprive money or otherproperty from a consumer who was 65 years of age or older when the act or practiceoccurred, an additional amount of not more than $250,000.

(g)iiIn determining the amount of penalty imposed under Subsection (c), the trierof fact shall consider:

(1)iithe seriousness of the violation, including the nature, circumstances,extent, and gravity of any prohibited act or practice;

(2)iithe history of previous violations;(3)iithe amount necessary to deter future violations;(4)iithe economic effect on the person against whom the penalty is to be

assessed;(5)iiknowledge of the illegality of the act or practice; and(6)iiany other matter that justice may require.

(h)iiIn bringing or participating in an action under this subchapter, the consumerprotection division acts in the name of the state and does not establish anattorney-client relationship with another person, including a person to whom theconsumer protection division requests that the court award relief.

SECTIONi2.iiSubchapter E, Chapter 17, Business & Commerce Code, isamended by adding Section 17.501 to read as follows:

Sec.i17.501.iiCONSUMER PROTECTION DIVISION PARTICIPATION INCLASS ACTION. (a) A consumer filing an action under Section 17.50 that is to bemaintained as a class action shall send to the consumer protection division:

(1)iia copy of the notice required by Section 17.505(a), by registered orcertified mail, at the same time the notice is given to the person complained against;and

(2)iia copy of the petition in the action not later than the earlier of:(A)iithe 30th day after the date the petition is filed; or


(B)iithe 10th day before the date of any hearing on class certification or

a proposed settlement.

(b)iiThe court shall abate the action for 60 days if the court finds that notice was

not provided to the consumer protection division as required by Subsection (a).

(c)iiThe court, on a showing of good cause, may allow the consumer protection

division, as representative of the public, to intervene in an action to which this section

applies. The consumer protection division shall file its motion for intervention with

the court before which the action is pending and serve a copy of the motion on each

party to the action.

SECTIONi3.iiThis Act takes effect September 1, 2003.

SECTIONi4.iiThe change in law made by this Act applies only to an action

instituted on or after the effective date of this Act. An action instituted before the

effective date of this Act is governed by the law in effect when the action was

instituted, and the former law is continued in effect for that purpose.


Senator VanideiPutte moved to concur in the House amendment to SBi1212.



Senator VanideiPutte called SBi1295 from the President ’s table for considerationof the House amendment to the bill.



Amend SB 1295 as follows:

(1) In SECTION 1 of the bill, in added Section 481.502(a), Government Code

(House committee printing, page 1, lines 19-20), strike "will improve the function"

and substitute "seek to address future realignment or closure".

(2) In SECTION 1 of the bill, in added Section 481.502(c), Government Code

(House committee printing, page 2, lines 16 and 17), strike "up to" and substitute "not

more than".

(3) In SECTION 1 of the bill, strike added Section 481.505, Government Code

(House committee printing, page 3, lines 4 and 5).


Senator VanideiPutte moved to concur in the House amendment to SBi1295.



Senator Shapiro called SBi361 from the President ’s table for consideration of theHouse amendments to the bill.

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



Amend SBi361 as follows:(1)iiIn Section 1 of the bill, in amended Section 203.032(a), Transportation Code

(engrossed version, page 1, line 9), strike "Subsection (b)" and substitute "Subsections(b) and (d)".

(2)iiIn Section 1 of the bill, in added Section 203.032(c), Transportation Code(engrossed version, on page 1, line 22), between "rights" and the period, insert "byhaving specifically acquired abutters ’ rights of access from the adjacent propertyowner, by specific deed language so indicated, or when constructing limited-accesstoll roads and parkways without frontage roads that would otherwise allow access,unless preexisting abutters ’rights of access to an existing roadway are impacted".

(3)iiIn Section 1 of the bill, in amended Section 203.032, Transportation Code(engrossed version, page 1, between lines 22 and 23), insert the following:

(d)iiUnless the United States Department of Transportation Federal HighwayAdministration notifies the department that enforcement of the rule or ordinancewould impair the ability of this state or the department to receive funds for highwayconstruction or maintenance from the federal government, an order of the commissionunder Section 203.031 does not supersede a conflicting highway access rule orordinance of:

(1)iithe commissioners court of a county:(A)iiwith a population of 3.3 million or more; or(B)iithat is adjacent to a county with a population of 3.3 million or

more; or(2)iithe governing body of a municipality located in a county:

(A)iiwith a population of 3.3 million or more; or(B)iithat is adjacent to a county with a population of 3.3 million or more.


Amend Committee Amendment No. 1 to SB 361 (Senate engrossment) bystriking the remainder of the amendment after "Amend SB 361 as follows:" andsubstitute the following:

"In Section 1 of the bill, strike added Sections 203.032(b) and (c), TransportationCode (Senate engrossment, page 1, lines 13-22), and substitute the following:

(b) Unless the United States Department of Transportation Federal HighwayAdministration notifies the department that enforcement of the rule or ordinancewould impair the ability of this state or the department to receive funds for highwayconstruction or maintenance from the federal government, an order of the commissionunder Section 203.031(a)(2) or (4) does not supersede a conflicting highway accessrule or ordinance of:

(1) the governing body of a municipality, including a home rulemunicipality; or

(2) the commissioners court of a county:(A) with a population of 3.3 million or more; or(B) that is adjacent to a county with a population of 3.3 million or more.

(c) Subsection (b) does not apply when:


(1) the department owns the access rights under Section 203.034; or(2) the adjacent property owner does not own the abutter ’s rights of

access.".

The amendments were read.

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


The Presiding Officer asked if there were any motions to instruct the conferencecommittee on SB 361 before appointment.

There were no motions offered.

The Presiding Officer announced the appointment of the following conferees onthe part of the Senate on the bill:iiSenators Shapiro, Chair; Lindsay, Ratliff,Armbrister, and Wentworth.

CONFERENCE COMMITTEE ON HOUSE BILL 9

Senator Shapiro called from the President ’s table, for consideration at this time,the request of the House for a conference committee to adjust the differences betweenthe two Houses on HBi9 and moved that the request be granted.


The Presiding Officer asked if there were any motions to instruct the conferencecommittee on HBi9 before appointment.


Accordingly, the Presiding Officer announced the appointment of the followingconferees on the part of the Senate on the bill:iiSenators Shapiro, Chair; Lindsay,Wentworth, Gallegos, and Hinojosa.


Senator Shapiro called from the President ’s table, for consideration at this time,the request of the House for a conference committee to adjust the differences betweenthe two Houses on HBi11 and moved that the request be granted.




Accordingly, the Presiding Officer announced the appointment of the followingconferees on the part of the Senate on the bill:iiSenators Shapiro, Chair; Ellis, Deuell,Armbrister, and Nelson.


Senator Averitt called from the President ’s table, for consideration at this time,the request of the House for a conference committee to adjust the differences betweenthe two Houses on HBi2415 and moved that the request be granted.





Accordingly, the Presiding Officer announced the appointment of the followingconferees on the part of the Senate on the bill:iiSenators Averitt, Chair; Harris,Duncan, Armbrister, and Lucio.


Senator Duncan called SBi1552 from the President ’s table for consideration ofthe House amendment to the bill.


Amendment



relating to the creation and composition of certain county courts at law.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:SECTIONi1.ii(a)iiSubsection (a), Section 25.0451, Government Code, is

amended to read as follows:(a)iiCollin County has the following statutory county courts:

(1)iiCounty Court at Law No. 1 of Collin County;(2)iiCounty Court at Law No. 2 of Collin County;(3)iiCounty Court at Law No. 3 of Collin County;(4)iiCounty Court at Law No. 4 of Collin County; [and](5)iiCounty Court at Law No. 5 of Collin County; and(6)iiCounty Court at Law No. 6 of Collin County.

(b)iiThe County Court at Law No. 6 of Collin County is created and this sectiontakes effect Januaryi1, 2005.

SECTIONi2.ii(a)iiSection 25.0481, Government Code, is amended to read asfollows:

Sec.i25.0481.iiCOMAL COUNTY. Comal County has the following [one]statutory county courts:

(1)ii[court, the] County Court at Law No. 1 of Comal County; and(2)iiCounty Court at Law No. 2 of Comal County.

(b)iiThe County Court at Law No. 2 of Comal County is created and this sectiontakes effect Septemberi1, 2003.


Sec.i25.1091.iiHENDERSON COUNTY. Henderson County has the following[one] statutory county courts:

(1)ii[court,] the County Court at Law of Henderson County; and(2)iithe County Court at Law No. 2 of Henderson County.

(b)iiSubsections (a) and (c), Section 152.1131, Human Resources Code, areamended to read as follows:


(a)iiThe juvenile board of Henderson County is composed of:(1)iithe county judge;(2)iithe judges of the 3rd, 173rd, and 392nd judicial districts;(3)iithe judges [judge] of the county courts [court] at law; and(4)iithe county attorney.

(c)iiThe commissioners court shall pay the 173rd and 392nd district judges andthe county court at law judges [judge] an amount set by the commissioners court atnot less than $750 a month and shall pay the 3rd district judge an amount set by thecommissioners court at not less than one-third of the amount paid to the 173rd or392nd district judge or the county court at law judges [judge]. The commissionerscourt shall pay the other juvenile board members an amount set by the commissionerscourt at not less than $250 a month. The compensation is in addition to othercompensation provided or allowed by law.

(c)iiNotwithstanding Section 25.1091, Government Code, as amended by thissection, the County Court at Law No. 2 of Henderson County is created December 1,2007, or on an earlier date determined by the commissioners court by an order enteredin its minutes.


Sec.i25.1831.iiORANGE COUNTY.ii(a) Orange County has the following [one]statutory county courts:

(1)ii[court,] the County Court at Law of Orange County; and(2)iithe County Court at Law No. 2 of Orange County.

(b)iiA county court at law in [The County Court at Law of] Orange County sits atthe county seat.

(b)iiSection 25.1832(i), Government Code, is amended to read as follows:(i)iiExcept as otherwise required by law, a jury in a county court at law is [Juries

in all matters civil or criminal shall be composed of 12 members, except that inmisdemeanor criminal cases and cases of concurrent jurisdiction with the countycourt, the juries shall be] composed of six members.

(c)iiThe change in law made by Subsection (a) of this section applies only to aproceeding commenced on or after the effective date of this section. A proceedingcommenced before the effective date of this section is governed by the law in effecton the date the proceeding was commenced, and the former law is continued in effectfor that purpose.

(d)iiThe County Court at Law No. 2 of Orange County is created and this sectiontakes effect September 1, 2003.

SECTIONi5.ii(a)iiSubchapter C, Chapter 25, Government Code, is amended byadding Sections 25.2011 and 25.2012 to read as follows:

Sec.i25.2011.iiROCKWALL COUNTY. Rockwall County has one statutorycounty court, the County Court at Law of Rockwall County.

Sec.i25.2012.iiROCKWALL COUNTY COURT AT LAW PROVISIONS.(a)iiIn addition to the jurisdiction provided by Section 25.0003 and other law, andexcept as limited by Subsection (b), a county court at law in Rockwall County has,concurrent with the district court, the jurisdiction provided by the constitution andgeneral law for district courts.


(b)iiA county court at law does not have general supervisory control or appellatereview of the commissioners court or jurisdiction of:

(1)iifelony cases involving capital murder;(2)iisuits on behalf of the state to recover penalties or escheated property;(3)iimisdemeanors involving official misconduct; or(4)iicontested elections.

(c)iiThe district clerk serves as clerk of a county court at law except that thecounty clerk serves as clerk of the county court at law in matters of mental health, theprobate and criminal misdemeanor docket, and all civil matters in which the countycourt at law does not have concurrent jurisdiction with the district court.

(d)iiJurors regularly impaneled for the week by the district courts may, at therequest of the judge of a county court at law, be made available by the district judge inthe numbers requested and shall serve for the week or until released in the countycourt at law.

(e)iiA county court at law may summon jurors through the county clerk forservice in the county court at law in the manner provided by the laws governing thedrawing, selection, and service of jurors for county courts. Jurors summoned shall bepaid in the same manner and at the same rate as jurors for district courts in RockwallCounty. By order of the judge of a county court at law, jurors summoned to the countycourt at law may be transferred to the district court for service in noncapital felonycases.

(f)iiNotwithstanding Sections 74.091 and 74.0911, a district judge serves as thelocal administrative judge for the district and statutory county courts in RockwallCounty. The judges of district courts shall elect a district judge as local administrativejudge for a term of not more than two years. The local administrative judge may notbe elected on the basis of rotation or seniority.

(g)iiWhen administering a case for the county court at law, the district clerk shallcharge civil fees and court costs as if the case had been filed in the district court. In acase of concurrent jurisdiction, the case shall be assigned to either the district court orthe county court at law in accordance with local administrative rules established bythe local administrative judge.

(h)iiThe judge of the county court at law shall appoint an official court reporterfor the court and shall set the official court reporter ’s annual salary, subject toapproval by the county commissioners court. The official court reporter of the countycourt at law shall take an oath or affirmation as an officer of the court. The officialcourt reporter holds office at the pleasure of the judge of the court and shall beprovided a private office in close proximity to the court. The official court reporter isentitled to all rights and benefits afforded all other county employees.

(i)iiWith the approval of the county commissioners court and through the countybudget process, the judge of the county court at law shall hire a staff. The staff of thejudge of the county court at law consists of a court coordinator and a bailiff. Courtpersonnel employed under this subsection are entitled to receive a salary set by thecommissioners court and other employment benefits received by county employees.

(j)iiNot later than one year after the date of appointment, the bailiff of a countycourt at law must obtain a peace officer license under Chapter 1701, OccupationsCode, from the Commission on Law Enforcement Officer Standards and Education.


The sheriff of Rockwall County shall deputize the bailiff of a county court at law. Thebailiff of a county court at law is subject to the training and continuing educationrequirements of a sheriff ’s deputy of the county. The sheriff shall remove from office abailiff who does not receive a peace officer license within one year of appointment asrequired by this subsection.

(k)iiThe judge of a county court at law must be a United States citizen at the timeof appointment or election.

(l)iiThe judge of a county court at law shall diligently discharge the duties of theoffice on a full-time basis and may not engage in the private practice of law.

(m)iiIn matters of concurrent jurisdiction, the judge of a county court at law andthe district judge may exchange benches, transfer cases subject to acceptance, assigneach other to hear cases, and otherwise manage their respective dockets under localadministrative rules.

(n)iiThe judge of a county court at law has the same judicial immunity as adistrict judge.

(b)iiThe County Court at Law of Rockwall County is created and this sectiontakes effect Septemberi1, 2003.

SECTIONi6.ii(a)iiSubsection (a), Section 25.1861, Government Code, isamended to read as follows:

(a)iiParker County has the following [one] statutory county courts:(1)ii[court,] the County Court at Law of Parker County; and(2)iithe County Court at Law No. 2 of Parker County.

(b)iiSection 25.1862, Government Code, is amended by amending Subsections(a), (b), (d), (e), (f), (i), (k), and (m) and adding Subsections (c) and (n) through (x) toread as follows:

(a)iiIn addition to the jurisdiction provided by Section 25.0003 and other law,and except as limited by Subsection (b), a county court at law in Parker County hasthe [concurrent] jurisdiction provided by the constitution and by general law for [withthe] district courts [court in:

[(1)iicivil cases in which the matter in controversy exceeds $500 but doesnot exceed $500,000, excluding interest, statutory or punitive damages and penalties,and attorney ’s fees and costs, as alleged on the face of the petition; and

[(2)iifamily law cases and proceedings].(b)iiA [This section does not affect the right to appeal to a] county court at law

does not have jurisdiction of felony cases, except as otherwise provided [from thejustice courts in cases in which the right of appeal to the county court exists] by law.

(c)iiA county court at law does not have general supervisory control over thecommissioners court.

(d)iiA [The judge of a] county court at law may not issue writs of habeas corpusin felony cases [engage in the private practice of law].

(e)iiThe district clerk serves as clerk of a county court at law in cases in theconcurrent jurisdiction of the county courts at law and the district courts, and thecounty clerk serves as the clerk in all other cases. The district clerk shall establish aseparate docket for each [judge of a] county court at law [shall be paid an annualsalary of at least $40,000].


(f)iiA special judge of a county court at law [If the regular judge of a countycourt at law is absent, disabled, or disqualified from presiding, a special judge withthe same qualifications as the regular judge] may be appointed or elected in themanner provided by law for the appointment or election of a special county judge.

(i)iiThe district attorney or county attorney and the county sheriff, in person orby deputy, shall attend a county court at law as required by the judge.

(k)iiIf a jury trial is requested in a case that is in a county court at law ’sjurisdiction as provided by Subsection (a), the jury shall be composed of six membersunless the constitution requires a 12-member jury. Failure to object before asix-member jury is seated and sworn constitutes a waiver of a 12-member jury. [Withthe approval of the commissioners court, the judge of a county court at law mayappoint personnel necessary to administer court activities. The appointed personnelshall perform the duties prescribed by the judge and shall cooperate with stateagencies for the uniform and efficient operation of the courts and the administration ofjustice. The personnel are entitled to be paid from county funds the compensation,fees, and allowances that are set by the commissioners court or as otherwise providedby law.]

(m)iiOn request of a county court at law judge, jurors regularly impaneled for aweek by the district courts may be made available and shall serve for the week in thecounty court at law [Sections 25.0005(b), 25.0006, and 25.0008 do not apply to acounty court at law in Parker County].

(n)iiA county court at law of Parker County may summon jurors for service inthe court in the manner provided by law for county courts. Juries summoned for theCounty Court of Parker County or a county court at law of Parker County may, byorder of the judge of the court in which they are summoned, be transferred to the othercourt for service.

(o)iiThe judge of a county court at law shall be paid an annual salary that is atleast equal to the amount that is $1,000 less than the total annual salary, includingsupplements, received by a district judge in the county.

(p)iiA vacancy in the office of judge of a county court at law is filled byappointment by the commissioners court.

(q)iiThe judges of the county courts at law may divide each term of court into asmany sessions as they consider necessary for the disposition of business and mayextend a particular term of court if practicable for the efficient and justiciabledisposition of individual proceedings and matters.

(r)iiThe official court reporter of a county court at law must be well skilled in thecourt reporter ’s profession. The official court reporter of a county court at law is asworn officer of the court who holds office at the pleasure of the court. The officialcourt reporter of a county court at law is entitled to receive at least the same amount ascompensation as the official court reporters in the district courts in the county. Thecompensation shall be paid in the same manner that the district court reporters arepaid.

(s)iiIf any cause or proceeding is lodged with the district clerk and the districtclerk files, dockets, or assigns the cause or proceeding in or to a county court at lawand the county court at law does not have subject matter jurisdiction over the cause orproceeding, then the filing, docketing, or assignment of the cause or proceeding in or


to a county court at law is considered a clerical error and that clerical error shall be

corrected by a judgment or order nunc pro tunc. The cause or proceeding is

considered filed, docketed, or assigned to the district court of the local administrative

judge in the first instance rather than to a county court at law. The judge of a county

court at law who acts in the cause or proceeding is considered assigned to the district

court of the local administrative judge for that purpose and has all the powers of the

judge of that district court under the assignment.

(t)iiA county court at law judge has jurisdiction to grant an order permitting a

marriage ceremony to take place during a 72-hour period immediately following the

issuance of a marriage license in Parker County.

(u)iiThe judges of the county courts at law have the same judicial immunity as a

district judge.

(v)iiIn matters of concurrent jurisdiction, a judge of a county court at law and a

judge of a district court or another county court at law may transfer cases between the

courts in the same manner judges of district courts transfer cases under Section

24.303.

(w)iiA judge of a county court at law and a judge of a district court may

exchange benches and may sit and act for each other in any matter pending before the

court.

(x)iiThe judges of the county courts at law may from time to time transfer

criminal misdemeanor cases to other county courts at law to equalize the criminal

misdemeanor dockets of the county courts at law for the efficient operation of the

court system and the effective administration of justice.

(c)iiSubsection (b), Section 25.1863, Government Code, is amended to read as

follows:

(b)iiA county court at law has concurrent jurisdiction with the district court over

contested probate matters. Notwithstanding the requirement in Subsection (b), Section

5, Texas Probate Code, that the judge of the constitutional county court transfer a

contested probate proceeding to the district court, the judge of the constitutional

county court shall transfer the proceeding under that section to either the County

Court at Law of Parker County [a county court at law] or the district court. The county

court at law has the jurisdiction, powers, and duties that a district court has under

Subsection (b), Section 5, Texas Probate Code, for the transferred proceeding, and the

county clerk acts as clerk for the proceeding. The contested proceeding may be

transferred between the county court at law and the district court as provided by local

rules of administration.

(d)iiThe County Court at Law No. 2 of Parker County is created and this section

takes effect September 1, 2003.

SECTIONi7.iiExcept as otherwise provided by this Act, this Act takes effect

Septemberi1, 2003.


Senator Duncan moved to concur in the House amendment to SBi1552.




Senator Duncan called SBi591 from the President ’s table for consideration of theHouse amendments to the bill.

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

Amendment



relating to the structure and functions of the Texas Council on Offenders with MentalImpairments and to reassigning the duties of the council to the Advisory Committee tothe Texas Board of Criminal Justice on Offenders with Medical or MentalImpairments and the Texas Correctional Office on Offenders with Medical or MentalImpairments.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:SECTIONi1.iiThe heading to Chapter 614, Health and Safety Code, is amended

to read as follows:CHAPTER 614. TEXAS CORRECTIONAL OFFICE [TEXAS COUNCIL]

ON OFFENDERS WITH MEDICAL OR MENTAL IMPAIRMENTSSECTIONi2.iiSection 614.001, Health and Safety Code, is amended to read as

follows:Sec.i614.001.iiDEFINITIONS. In this chapter:

(1)ii"Board" means the Texas Board of Criminal Justice. ["Adaptivebehavior" means the effectiveness with which a person meets the standards ofpersonal independence and social responsibility reasonably expected of the person ’sage and cultural group.]

(2)ii"Case management" means a process by which a person or teamresponsible for establishing and continuously maintaining contact with a person withmental illness, a developmental disability, or mental retardation provides that personwith access to services required by the person and ensures the coordinated delivery ofthose services to the person.

(3)ii"Committee" ["Council"] means the Advisory Committee to the TexasBoard of Criminal Justice [Texas Council] on Offenders with Medical or MentalImpairments.

(4)ii"Developmental disability" means a severe, chronic disability that:(A)iiis attributable to a mental or physical impairment or a combination

of physical and mental impairments;(B)iiis manifested before the person reaches 22 years of age;(C)iiis likely to continue indefinitely;(D)iiresults in substantial functional limitations in three or more of the

following areas of major life activity:(i)iiself-care;(ii)iiself-direction;(iii)iilearning;(iv)iireceptive and expressive language;


(v)iimobility;(vi)iicapacity for independent living; or(vii)iieconomic self-sufficiency; and

(E)iireflects the person ’s need for a combination and sequence ofspecial, interdisciplinary, or generic care, treatment, or other services of extended orlifelong duration that are individually planned and coordinated.

(5)ii"Mental illness" has the meaning assigned by Section 571.003.(6)ii"Mental impairment" means a mental illness, mental retardation, or a

developmental disability.(7)i[(6)]ii"Mental retardation" has the meaning assigned by Section 591.003.(8)i[(7)]ii"Offender with a medical or mental impairment" means a juvenile

or adult [with mental illness, mental retardation, or a developmental disability] who isarrested or charged with a criminal offense and who:

(A)iihas a mental impairment; or(B)iiis elderly, physically disabled, terminally ill, or significantly ill.

(9)ii"Office" means the Texas Correctional Office on Offenders withMedical or Mental Impairments.

(10)i[(8)]ii"Person with mental retardation" means a juvenile or adult withmental retardation that is not a mental disorder who, because of the mental deficit,requires special training, education, supervision, treatment, care, or control in theperson ’s home or community or in a private or state school for persons with mentalretardation.

SECTIONi3.iiSection 614.002, Health and Safety Code, is amended to read asfollows:

Sec.i614.002.iiCOMPOSITION OF COMMITTEE; DUTIES [COUNCIL]. (a)The Advisory Committee to the Texas Board of Criminal Justice [Texas Council] onOffenders with Medical or Mental Impairments is composed of 30 members.

(b)iiThe governor, from a list of candidates submitted from entities described bySubsection (c), shall appoint, with the advice and consent of the senate:

(1)iifour at-large members who have expertise in mental health, mentalretardation, or developmental disabilities, one of whom must be a psychiatrist;

(2)iione at-large member who is the judge of a district court with criminaljurisdiction;

(3)iione at-large member who is a prosecuting attorney;(4)iione at-large member who is a criminal defense attorney;(5)iitwo [one at-large member from an established pretrial services agency;

and[(6)iione] at-large members [member] who have [has] expertise in the

juvenile justice or criminal justice system; and(6)iione at-large member whose expertise can further the mission of the

committee.(c)(1)iiThe following entities shall submit to the governor a list of candidates for

membership on the committee:(A)iithe Texas District and County Attorney ’s Association;(B)iithe Texas Criminal Defense Lawyers Association;(C)iithe Texas Association of Counties;


(D)iithe Texas Medical Association;(E)iithe Texas Society of Psychiatric Physicians;(F)iithe Texas Psychological Association; and(G)iithe Texas Sheriff ’s Association.

(2)iiThe Texas Medical Association, the Texas Society of PsychiatricPhysicians, and the Texas Psychological Association may submit a candidate formembership only if the candidate has documented expertise and educational trainingin, as appropriate, medical forensics, forensic psychology, or forensic psychiatry.

(3)iiThe court of criminal appeals shall submit to the governor a list ofdistrict judges who are candidates for membership on the committee. [A person maynot be an at-large member of the council if the person or the person ’s spouse:

[(1)iiis employed by or participates in the management of a business entityor other organization regulated by or receiving money from the council;

[(2)iiowns or controls, directly or indirectly, more than a 10 percent interestin a business entity or other organization regulated by or receiving money from thecouncil; or

[(3)iiuses or receives a substantial amount of tangible goods, services, ormoney from the council other than compensation or reimbursement authorized by lawfor council membership, attendance, or expenses.]

(d)ii[A person may not be a member of the council or act as the general counselto the council if the person is required to register as a lobbyist under Chapter 305,Government Code, because of the person ’s activities for compensation on behalf of aprofession related to the operation of the council.

[(e)]iiThe executive head of each of the following agencies, divisions ofagencies, or associations, or that person ’s designated representative, shall serve as amember of the committee [council]:

(1)iithe institutional division of the Texas Department of Criminal Justice;(2)iithe Texas Department of Mental Health and Mental Retardation;(3)iithe pardons and paroles division of the Texas Department of Criminal

Justice;(4)iithe community justice assistance division of the Texas Department of

Criminal Justice;(5)iithe state jail division of the Texas Department of Criminal Justice;(6)iithe Texas Juvenile Probation Commission;(7)iithe Texas Youth Commission;(8)iithe Texas Rehabilitation Commission;(9)iithe Texas Education Agency;(10)iithe Criminal Justice Policy Council;(11)iithe Mental Health Association in Texas;(12)iithe Texas Commission on Alcohol and Drug Abuse;(13)iithe Commission on Law Enforcement Officer Standards and

Education;(14)iithe Texas Council of Community Mental Health and Mental

Retardation Centers;(15)iithe Commission on Jail Standards;(16)iithe Texas Council for Developmental Disabilities;


(17)iithe Texas Association for Retarded Citizens;(18)iithe Texas Alliance for the Mentally Ill;(19)iithe Parent Association for the Retarded of Texas, Inc.;(20)iithe Texas Department of Human Services; and(21)iithe Texas Department on Aging.

(e)i[(f)]iiIn making the appointments under Subsection (b), the board [governor]shall attempt to reflect the geographic and economic diversity of the state.Appointments to the committee [council] shall be made without regard to the race,color, disability, sex, religion, age, or national origin of the appointees.

(f)i[(g)iiIt is a ground for removal from the council that an at-large member:[(1)iidoes not have at the time of taking office the qualifications required by

Subsections (b), (c), and (k);[(2)iidoes not maintain during service on the council the qualifications

required by Subsections (b), (c), and (k);[(3)iiis ineligible for membership under Subsection (c) or (d);[(4)iicannot, because of illness or disability, discharge the member ’s duties

for a substantial part of the member ’s term;[(5)iiis absent from more than half of the regularly scheduled council

meetings that the member is eligible to attend during a calendar year without anexcuse approved by a majority vote of the council; or

[(6)iiis absent from more than two consecutive regularly scheduled councilmeetings that the member is eligible to attend.

[(h)iiThe validity of an action of the council is not affected by the fact that it istaken when a ground for removal of a council member exists.

[(i)iiIf the director of the council has knowledge that a potential ground forremoval exists, the director shall notify the presiding officer of the council of thepotential ground. The presiding officer shall then notify the governor and the attorneygeneral that a potential ground for removal exists. If the potential ground for removalinvolves the presiding officer, the director shall notify the next highest ranking officerof the council, who shall then notify the governor and the attorney general that apotential ground for removal exists.

[(j)]iiA representative designated by the executive head of a state agency must bean officer or employee of the agency when designated and while serving on thecommittee [council], except the representative designated by the director of theCriminal Justice Policy Council must be an employee of that council.

(g)iiThe committee shall advise the board and the director of the TexasCorrectional Office on Offenders with Medical or Mental Impairments on mattersrelated to offenders with medical or mental impairments and perform other dutiesimposed by the board.

[(k)iiMembers who are not associated with a state agency or division must haveexpertise in the rehabilitation of persons with mental illness, mental retardation, or adevelopmental disability when appointed or designated and while serving on thecouncil.]



Sec.i614.003.iiTEXAS CORRECTIONAL OFFICE ON OFFENDERS WITH

MEDICAL OR MENTAL IMPAIRMENTS; DIRECTOR [INFORMATION:

REQUIREMENTS FOR OFFICE OR EMPLOYMENT]. The Texas Correctional

Office on Offenders with Medical or Mental Impairments shall perform duties

imposed on or assigned to the office by this chapter, other law, the board, and the

executive director of the Texas Department of Criminal Justice. The executive

director of the Texas Department of Criminal Justice shall hire a director of the office.

The director serves at the pleasure of the executive director. The director shall hire the

employees for the office [or the executive director ’s designee shall provide tomembers of the council and to agency employees, as often as necessary, information

regarding the requirements for office or employment under this chapter, including

information regarding a person ’s responsibilities under applicable laws relating tostandards of conduct for state officers or employees].

SECTIONi5.iiChapter 614, Health and Safety Code, is amended by adding

Section 614.0032 to read as follows:

Sec.i614.0032.iiSPECIAL DUTIES RELATED TO MEDICALLY

RECOMMENDED SUPERVISION; COMPETENCY DETERMINATION. (a) The

office shall perform duties imposed on the office by Section 508.146, Government

Code.

(b)iiThe office, with the special assistance of committee members appointed

under Section 614.002(b)(1), shall review examinations to determine the competency

of defendants in criminal cases to stand trial and periodically shall report findings

made as a result of the review to the legislature and the court of criminal appeals.

SECTIONi6.iiSection 614.004, Health and Safety Code, is amended to read as

follows:

Sec.i614.004.iiTERMS. Members [The at-large members] of the committee

[council] serve at the pleasure of the board [for staggered six-year terms].


follows:

Sec.i614.006.iiAPPLICABILITY OF CERTAIN GOVERNMENT CODE

PROVISIONS. The provisions of Chapter 2110, Government Code, other than

Section 2110.002(a), apply to the committee. [REIMBURSEMENT FOR

EXPENSES. A member of the council is not entitled to compensation for performing

duties on the council but is entitled to receive reimbursement from the council for

travel and other necessary expenses incurred in performing official duties at the rate

provided for state employees in the General Appropriations Act.]


follows:

Sec.i614.007.iiPOWERS AND DUTIES. [(a)] The office [council] shall:

(1)iidetermine the status of offenders with medical or mental impairments in

the state criminal justice system;

(2)iiidentify needed services for offenders with medical or mental

impairments;


(3)iidevelop a plan for meeting the treatment, rehabilitative, and educationalneeds of offenders with medical or mental impairments that includes a casemanagement system and the development of community-based alternatives toincarceration;

(4)iicooperate in coordinating procedures of represented agencies for theorderly provision of services for offenders with medical or mental impairments;

(5)iievaluate programs in this state and outside this state for offenders withmedical or mental impairments and recommend to the directors of state programsmethods of improving the programs;

(6)iicollect and disseminate information about available programs to judicialofficers, law enforcement officers, probation and parole officers, providers of socialservices or treatment, and the public;

(7)iiprovide technical assistance to represented agencies and organizations inthe development of appropriate training programs;

(8)iiapply for and receive money made available by the federal or stategovernment or by any other public or private source to be used by the office [council]to perform its duties;

(9)iidistribute to political subdivisions, private organizations, or otherpersons money appropriated by the legislature to be used for the development,operation, or evaluation of programs for offenders with medical or mentalimpairments;

(10)iidevelop and implement pilot projects to demonstrate a cooperativeprogram to identify, evaluate, and manage outside of incarceration offenders withmedical or mental impairments; and

(11)iiassess the need for demonstration projects and provide management forapproved projects.

[(b)iiThe council shall develop and implement policies that clearly separate thepolicymaking responsibilities of the council and the management responsibilities ofthe staff of the council.]


Sec.i614.008.iiCOMMUNITY-BASED DIVERSION [PILOT] PROGRAMFOR OFFENDERS WITH MEDICAL OR MENTAL IMPAIRMENTS. (a) Theoffice [council] shall maintain at least one [establish a pilot] program in a countyselected by the office to employ [council to implement] a cooperativecommunity-based alternative system to divert from the state criminal justice systemoffenders with mental impairments who do not have an instant offense that is anoffense described in Section 3g, Article 42.12, Code of Criminal Procedure, and torehabilitate those offenders.

(b)iiNot later than September 1 of each even-numbered year, the office and theTexas Department of Mental Health and Mental Retardation shall present to the boarda report explaining the results of their collaborative effort, including departmentalprocedure, policy, or regulation changes, future agency planning, andrecommendations for legislation or statutory modification. The program must conformto the report and recommendations made by the office and the Texas Department of


Mental Health and Mental Retardation under this subsection [and the TexasDepartment of Corrections to the 70th Legislature as directed by S.C.R. No. 128, 69thLegislature, Regular Session, 1985].

(c)iiThe office [council] may contract for or employ and train a case managementteam to carry out the purposes of the program and to coordinate the joint efforts ofagencies represented on the office [council].

(d)iiThe agencies represented on the office [council] shall perform duties andoffer services as required by the office [council] to further the purposes of the [pilot]program and the office [council].

SECTIONi10.iiSection 614.011, Health and Safety Code, is renumbered asSection 614.0085, Health and Safety Code, and amended to read as follows:

Sec . i614 .0085 [614 .011] . COMMUNITY-BASED DIVERSION[ADDITIONAL PILOT] PROGRAM FOR OTHER OFFENDERS WITHMEDICAL OR MENTAL IMPAIRMENTS. (a) In addition to the [pilot] programrequired under Section 614.008, the office [council] may establish and maintain a[pilot] program in a county selected by the office to employ [council to implement] acooperative community-based alternative system to divert from the state criminaljustice system and rehabilitate nonviolent offenders who are identified as beingelderly, physically disabled, terminally ill, or significantly ill[, or physicallyhandicapped] and who are not charged with or sentenced for an instant offense that isdescribed in Section 3g, Article 42.12, Code of Criminal Procedure.

(b)iiThe office [council] and the Texas Department of Mental Health and MentalRetardation shall collaborate with the Texas Department on Aging, the TexasRehabilitation Commission, the Department of Human Services, and the TexasDepartment of Health to develop creative community-based alternatives for elderly,physically disabled, terminally ill, or significantly ill[, or physically handicapped]offenders described in Subsection (a).

(c)iiNot later than September 1 of each even-numbered year, the office [Thecouncil] and the Texas Department of Mental Health and Mental Retardation, theTexas Department on Aging, the Texas Rehabilitation Commission, the Department ofHuman Services, and the Texas Department of Health shall present to the board [73rdLegislature] a report explaining the results of their collaborative effort, includingdepartmental procedure, policy, or regulation changes, future agency planning, andrecommendations for legislation or statutory modification.

(d)iiThe program must conform to the report and recommendations made by theoffice [council], the Texas Department of Mental Health and Mental Retardation, theTexas Department on Aging, the Texas Rehabilitation Commission, the Department ofHuman Services, and the Texas Department of Health under Subsection (c).

(e)iiThe office [council] may employ and train a case management team to carryout the purposes of the program and to coordinate the joint efforts of agenciesrepresented on the office [council].

(f)iiThe agencies represented on the committee [council] shall perform duties andoffer services as required by the committee [council] to further the purposes of the[pilot] program and the committee [council].



Sec.i614.009.iiREPORT. Not later than February 1 of each odd-numbered year,the office [council] shall present to the board and to the governing board of each stateagency represented on the committee [file with the governor, lieutenant governor, andspeaker of the house of representatives] a report giving the details of the office ’s[council ’s] activities during the preceding biennium. The report must include:

(1)iian evaluation of any demonstration project undertaken by the office[council];

(2)iian evaluation of the [council ’s] progress made by the office towarddeveloping a plan for meeting the treatment, rehabilitative, and educational needs ofoffenders with special needs;

(3)iirecommendations of the office [council] made in accordance withSection 614.007(5);

(4)iian evaluation of the development and implementation of the continuityof care and service programs established under Sections 614.013, 614.014, 614.015,and 614.016, changes in rules, policies, or procedures relating to the programs, futureplans for the programs, and any recommendations for legislation in addition to thosemade in a report presented under Section 614.008 or 614.0085; and

(5)iiany other recommendations that the office [council] considersappropriate.

SECTIONi12.iiSections 614.013(a), (b), and (e), Health and Safety Code, areamended to read as follows:

(a)iiThe Texas Department of Criminal Justice, the Texas Department of MentalHealth and Mental Retardation, representatives of local mental health or mentalretardation authorities appointed by the commissioner of the Texas Department ofMental Health and Mental Retardation, and the directors of community supervisionand corrections departments shall adopt a memorandum of understanding thatestablishes their respective responsibilities to institute a continuity of care and serviceprogram for offenders with mental impairments in the criminal justice system. Theoffice [council] shall coordinate and monitor the development and implementation ofthe memorandum of understanding.

(b)iiThe memorandum of understanding must establish methods for:(1)iiidentifying offenders with mental impairments in the criminal justice

system and collecting and reporting prevalence rate data to the office [council];(2)iideveloping interagency rules, policies, procedures, and standards for the

coordination of care of and the exchange of information on offenders with mentalimpairments by local and state criminal justice agencies, the Texas Department ofMental Health and Mental Retardation, local mental health or mental retardationauthorities, the Commission on Jail Standards, and local jails;

(3)iiidentifying the services needed by offenders with mental impairments toreenter the community successfully; and

(4)iiestablishing a process to report implementation activities to the office[council].

(e)iiThe office [council], in coordination with each state agency identified inSubsection (b)(2), shall develop a standardized process for collecting and reportingthe memorandum of understanding implementation outcomes by local and statecriminal justice agencies and local and state mental health or mental retardation


authorities. The findings of these reports shall be submitted to the office [council] bySeptember 1 of each even-numbered year and shall be included in recommendationsto the board [legislature] in the office ’s biennial [council ’s biennium] report underSection 614.008.

SECTIONi13.iiSection 614.014(a), Health and Safety Code, is amended to readas follows:

(a)iiThe Texas Department of Criminal Justice, the Texas Department of HumanServices, and the Texas Department on Aging by rule shall adopt a memorandum ofunderstanding that establishes their respective responsibilities to institute a continuityof care and service program for elderly offenders in the criminal justice system. Theoffice [council] shall coordinate and monitor the development and implementation ofthe memorandum of understanding.


Sec.i614.016.iiCONTINUITY OF CARE FOR CERTAIN OFFENDERS BYLAW ENFORCEMENT AND JAILS. (a) The office [council], the Commission onLaw Enforcement Officer Standards and Education, and the Commission on JailStandards by rule shall adopt a memorandum of understanding that establishes theirrespective responsibilities to institute a continuity of care and service program foroffenders in the criminal justice system who are mentally impaired, elderly, physicallydisabled, terminally ill, or significantly ill.

(b)iiThe memorandum of understanding must establish methods for:(1)iiidentifying offenders in the criminal justice system who are mentally

impaired, elderly, physically disabled, terminally ill, or significantly ill;(2)iideveloping procedures for the exchange of information relating to

offenders who are mentally impaired, elderly, physically disabled, terminally ill, orsignificantly ill by the office [council], the Commission on Law Enforcement OfficerStandards and Education, and the Commission on Jail Standards for use in thecontinuity of care and services program; and

(3)iiadopting rules and standards that assist in the development of acontinuity of care and services program for offenders who are mentally impaired,elderly, physically disabled, terminally ill, or significantly ill.

SECTIONi15.iiSection 614.017(c)(2), Health and Safety Code, is amended toread as follows:

(2)ii"Special needs offender" includes [means] an individual for whomcriminal charges are pending or who after conviction or adjudication is in custody orunder any form of criminal justice supervision.

SECTIONi16.iiSection 614.019, Health and Safety Code, as added by Chapter328, Acts of the 77th Legislature, Regular Session, 2001, is amended to read asfollows:

Sec.i614.019.ii[PILOT] PROGRAMS FOR JUVENILES. The office [council],in cooperation with the Texas Commission on Alcohol and Drug Abuse, the TexasDepartment of Mental Health and Mental Retardation, the Department of Protectiveand Regulatory Services, the Texas Juvenile Probation Commission, the Texas YouthCommission, and the Texas Education Agency, may establish and maintain [pilot]


programs, building on existing successful efforts in communities, to addressprevention, intervention, and continuity of care for juveniles with mental health andsubstance abuse disorders.

SECTIONi17.iiSection 614.019, Health and Safety Code, as added by Chapter1499, Acts of the 77th Legislature, Regular Session, 2001, is renumbered as Section614.020, Health and Safety Code, and amended to read as follows:

Sec.i614.020 [614.019].iiYOUTH ASSERTIVE COMMUNITY TREATMENT[PILOT] PROGRAM. (a) The office [council] may establish and maintain in TarrantCounty an assertive community treatment [pilot] program to provide treatment,rehabilitation, and support services to individuals in that county who:

(1)iiare under 18 years of age;(2)iihave severe and persistent mental illness;(3)iihave a history of:

(A)iimultiple hospitalizations;(B)iipoor performance in school;(C)iiplacement in emergency shelters or residential treatment

facilities;ior(D)iichemical dependency or abuse; and

(4)iihave been placed on probation by a juvenile court.(b)iiThe [pilot] program must be modeled after other assertive community

treatment programs established by the Texas Department of Mental Health and MentalRetardation. The program is limited to serving not more than 30 program participantsat any time.

(c)iiIf the office [council] creates and maintains a [pilot] program under thissection, the office [council] shall provide for the program a team of licensed ordegreed professionals in the clinical treatment or rehabilitation field to administer the[pilot] program. A team provided [created] under this subsection must include:

(1)iia registered nurse to provide full-time direct services to the programparticipants; and

(2)iia psychiatrist available to the program for 10 or more hours each week.(d)iiIn administering the [pilot] program, the program ’s professional team shall:

(1)iiprovide psychiatric, substance abuse, and employment services toprogram participants;

(2)iimaintain a ratio of one or more team members for each 10 programparticipants to the extent practicable;

(3)iibe available to program participants during evening and weekend hours;(4)iimeet the needs of special populations;(5)iimaintain at all times availability for addressing and managing a

psychiatric crisis of any program participant; and(6)iicover the geographic areas served by the program.

(e)iiThe office [council] and the [pilot] program shall cooperate with or contractwith local agencies to avoid duplication of services and to maximize federal Medicaidfunding.

SECTIONi18.iiSection 508.146, Government Code, is amended to read asfollows:


Sec.i508.146.iiMEDICALLY RECOMMENDED INTENSIVE SUPERVISION.(a) An inmate serving a sentence for which parole eligibility is otherwise determinedunder Section 508.145(f) may become eligible for release on medically recommendedintensive supervision on a date designated by a parole panel that is earlier than thedate computed under that section if:

(1)iithe Texas Correctional Office [Texas Council] on Offenders withMedical or Mental Impairments, in cooperation with the Correctional Managed HealthCare Committee, identifies the inmate as being elderly, physically disabled[handicapped], mentally ill, terminally ill, or mentally retarded[,] or having acondition requiring long-term care;

(2)iithe parole panel determines that, based on the inmate ’s condition and amedical evaluation, the inmate does not constitute a threat to public safety; and

(3)iithe Texas Correctional Office [Texas Council] on Offenders withMedical or Mental Impairments, in cooperation with the pardons and paroles division,has prepared for the inmate a medically recommended intensive supervision plan thatrequires the inmate to submit to electronic monitoring, places the inmate onsuper-intensive supervision, or otherwise ensures appropriate supervision of theinmate.

(b)iiAn inmate may be released on medically recommended intensivesupervision only if the inmate ’s medically recommended intensive supervision planunder S

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EIGHTY-FIRST DAY · WHEREAS, Bob Hope will forever be remembered for his selfless devotion and his dedication to entertaining the thousands of men and women in the military, and he