FIFTY-NINTH DAY

FIFTY-NINTH DAYWEDNESDAY, APRIL 30, 2003

PROCEEDINGS

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

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 President announced that a quorum of the Senate was present.

The Very Reverend Titus Presler, Episcopal Theological Seminary of theSouthwest, Austin, offered the invocation as follows:

Having turned already to many things both public and private this day,we turn now to You, O God. Or, at least, we try to. Or, at least, we say thatwe are trying to. We do know that we need to. In our distraction, we needYour intensity. In our noise, we need Your quiet. In our apathy, we needYour passion. For You are passionate for Your world, God, passionate thateach creature live out its creaturehood, passionate that each human fulfill itshumanhood, and for that we know that You have a passion for justice, andfor mercy, and for kindness, and for peace. Your passion, God, we know inYour compassion for us, for all of us. And so we turn to You, knowing thatYou ’ve already turned toward us. We turn to You trusting that as we do soYou ’ll touch us, and move us, and transform us, and so transform Your dearworld. Amen.

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

The motion prevailed without objection.

CO-AUTHOR OF SENATE BILL 652

On motion of Senator Shapleigh, Senator Estes will be shown as Co-author ofSBi652.


On motion of Senator Ellis, Senator Lucio will be shown as Co-author ofSBi1606.


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

SBi1934.

PERMISSION TO INTRODUCE BILL

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

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

bill:iiSB 1932.

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

PHYSICIAN OF THE DAY

Senator Brimer was recognized and presented Dr. Elizabeth Hill of Bedford as

the Physician of the Day.

The Senate welcomed Dr. Hill and thanked her for her participation in the

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

Physicians.

SENATE RESOLUTION 665

Senator Barrientos offered the following resolution:

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

Milliken, the founder and president of Communities in Schools, Incorporated, for his

dedication and outstanding work on behalf of the youth of our state and nation; and

WHEREAS, Bill Milliken is a leading pioneer in his field, with 40 years of

experience in giving young people the help they need to graduate from high school

and pursue rewarding careers; and

WHEREAS, Communities in Schools, Incorporated, an exemplary national

dropout prevention program which Bill founded in 1977, is dedicated to enlisting

community and school resources to help underserved young people succeed in school

and prepare for life; the program is guided by Mr. Milliken ’s belief that each student

deserves a one-on-one relationship with a caring adult, a safe place to learn and grow,

a healthy start, a chance to give back to the community, and a marketable skill to use

upon graduation; and

WHEREAS, Texas youth face a multitude of challenges that influence whether

or not they succeed in school; Communities in Schools of Texas addresses these

concerns by providing students with the opportunity to focus on learning and by

promoting their development into productive citizens of our state; and

WHEREAS, For his commitment to our youth, Bill Milliken has received the

Champion for Children award from the American Association of School

Administrators and the Edward A. Smith Award for Excellence for his extraordinary

leadership; and

WHEREAS, Dropout prevention is not just a school problem; it is a community

challenge; through his endeavors to guarantee that all young Texans receive a sound

education, Bill Milliken helps to ensure that the Lone Star State has a competent

workforce and a stable and competitive economy; now, therefore, be it

1202 78th Legislature — Regular Session 59th Day

RESOLVED, That the Senate of the State of Texas, 78th Legislature, herebycommend Bill Milliken for his excellent leadership and outstanding accomplishmentsas president of Communities in Schools, Incorporated, and extend best wishes to himfor continued success; and, be it further

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

The resolution was read and was adopted without objection.

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate Bill Milliken,founder and President of Communities in Schools, Incorporated, accompanied byrepresentatives of Communities in Schools, Incorporated.

The Senate welcomed its guests.

MESSAGE FROM THE HOUSE

HOUSE CHAMBERAustin, TexasApril 30, 2003

The Honorable President of the SenateSenate ChamberAustin, Texas

Mr. President:

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

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HCR 36, Designating September 2003 as Leukemia and Lymphoma AwarenessMonth in Texas.

HCR 59, Requesting that the Federal Bureau of Investigation be directly involved inassisting the Mexican law enforcement authorities in their investigation of the brutalmurders of women in Juarez, Mexico.

HCR 192,Welcoming Toyota Motor Corporation to Texas.

HJR 21, Proposing a constitutional amendment to prohibit an increase in the totalamount of school district ad valorem taxes that may be imposed on the residencehomestead of a disabled person.

HJR 28, Proposing a constitutional amendment providing for authorization of theissuing of notes or the borrowing of money on a short-term basis by a statetransportation agency for transportation-related projects.

HJR 51, Proposing a constitutional amendment to establish a two-year period for theredemption of a mineral interest sold for unpaid ad valorem taxes at a tax sale.

HJR 54, Proposing a constitutional amendment providing that benefits in certainpublic retirement systems may not be reduced or impaired.

Wednesday, April 30, 2003 SENATE JOURNAL 1203

HJR 68, Proposing a constitutional amendment authorizing the Veterans ’Land Boardto make certain payments on revenue bonds and to use assets in certain funds to

provide for veterans homes.

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives


Senator Shapiro offered the following resolution:

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

Leadership Allen Class of 2003; and

WHEREAS, Leadership Allen is a program offered by the Allen Chamber of

Commerce; it is open to any interested individual who works or resides in the city or

who belongs to the Allen Chamber of Commerce; the program provides corporate and

civic leadership training and encourages the development of personal leadership

characteristics and skills; and

WHEREAS, Program participants are introduced to leaders in the community, to

the functions of local government, and to numerous activities, individuals, and

agencies that have an impact on the community; and

WHEREAS, Each member of a Leadership Allen class is expected to participate

in choosing and carrying out a class project that benefits the community, and

graduates are encouraged to contribute actively to Allen ’s growth and future through

personal service; and

WHEREAS, Leadership Allen benefits businesses by helping to identify and

train potential leaders within the workplace; the program also provides Allen with

leaders who are knowledgeable about the city ’s history and needs; andWHEREAS, The members of the Leadership Allen Class of 2003 are among the

most industrious residents of the community, and their participation in the program

demonstrates their commitment to civic responsibility that benefits their fellow

citizens; now, therefore, be it

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

commend the Leadership Allen Class of 2003 on their initiative and their dedication

to the betterment of their community and extend best wishes for their future success;

and, be it further

RESOLVED, That a copy of this Resolution be prepared for these exceptional

citizens as an expression of esteem from the Texas Senate.


GUESTS PRESENTED

Senator Shapiro was recognized and introduced to the Senate representatives of

the Leadership Allen Class of 2003.



GUESTS PRESENTED

Senator Janek was recognized and introduced to the Senate Lisa Owens,campaign director, South/West Chapter, Leukemia & Lymphoma Society; JonStrange, President, Board of Directors, Gulf Coast Chapter; Cherry Evans, Director ofPatients Services, Gulf Coast Chapter; and Kevin Phillips, patient, and his family.



Senator Barrientos offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize Cirque duSoleil on the occasion of its 3,000th performance of "Alegria"; and

WHEREAS, Cirque du Soleil was founded in Montreal in 1984 by a streetperformer; the company presents a theatrical blend of circus arts played out againstfairyland sets and accompanied by magical effects and spellbinding soundtracks; itcurrently has seven shows in production on three continents; and

WHEREAS, The company is making its first ever stop in Austin and will remainin the city from April 24 through May 18, 2003; during its stay, it will perform"Alegria" for the 3,000th time; and

WHEREAS, The internationally acclaimed "Alegria" is a baroque and operaticproduction that has been experienced by more than five million people worldwide; theshow is noted for its extraordinary lighting and elaborate set design; its cast of 56performers and musicians are from 13 different countries; dressed in flamboyantcostumes, they put on an astonishing spectacle that combines athleticism with artistry;and

WHEREAS, Cirque du Soleil has created a uniquely special show, and theresidents of Austin are proud to host this historic performance of "Alegria"; now,therefore, be it

RESOLVED, That the Senate of the State of Texas, 78th Legislature, herebycommend Cirque du Soleil on its exceptional artistic accomplishments and extendbest wishes to all associated with the company on the grand occasion of the 3,000thperformance of "Alegria"; and, be it further

RESOLVED, That a copy of this Resolution be prepared for Cirque du Soleil asan expression of esteem from the Texas Senate.


GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate Jeff Pluth, TourManager; Justin Sullivan, performer from Lubbock; Piotr Matula and Marilia Gomes,wearing bird costumes; and Evgueni Ivanov, Monsieur Fleur; all of Cirque du Soleil.


GUESTS PRESENTED

Senator Bivins was recognized and introduced to the Senate Fran Mainella,Director, National Park Service, and David Vela, Texas State Coordinator.



GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate members of the

Pi Sigma Alpha chapter at The University of Texas at Austin.



Senator VanideiPutte offered the following resolution:

WHEREAS, The Senate of the State of Texas encourages citizens across our

state and nation to pay tribute to the brave men and women who fought at the Battle

of the Bulge during World War II; and

WHEREAS, The turning point in World War II began June 6, 1944, when allied

troops succeeded in bringing 16 army divisions into occupied Europe in just five

days; after the allied landing and the battles in Normandy, the allied armies began

their liberation tour of the continent; first France was liberated and then Belgium; and

WHEREAS, The allied forces were stopped in the Ardennes before the border by

German counterattacks that stabilized the front along their defense line; with allied

interests divided on tactics, allied forces were required to wait for new directions and

came to rest in the Ardennes; and

WHEREAS, During this quiet period, the Germans prepared an enormous

counteroffensive, but strong allied defenses in the North and South only allowed the

Germans to forge a large bulge in allied lines; and

WHEREAS, The battle began on December 16, 1944, and ended with an allied

victory on January 28, 1945; 8,447 Americans were killed, 46,170 were wounded,

and 20,905 were missing or imprisoned; the British reported 200 killed, 239 wounded,

and 969 missing or imprisoned; 10,749 German solders were killed, 34,439 were

wounded, and 32,487 were missing or imprisoned; and

WHEREAS, Our nation will be eternally grateful to the many men from our

country who fought at the Battle of the Bulge to defend the world from tyranny and

oppression; now, therefore, be it

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

citizens of this state and nation in paying tribute to the brave soldiers who fought on

behalf of our country in the Battle of the Bulge and honor the memory of those men

who lost their lives; and, be it further

RESOLVED, That a copy of this Resolution be prepared as an expression of

gratitude from the Texas Senate to those who fought, and that when the Senate

adjourns this day, it do so in memory of those who died at the Battle of the Bulge.


GUESTS PRESENTED

Senator VanideiPutte was recognized and introduced to the Senate Battle of the

Bulge veterans Antonio Campos, Joseph F. Denniston, Marcelino Lopez, Charles

Posey, Nick Estrada (Senator VanideiPutte ’s uncle), and Archie Harrison; and The

University of Texas Reserve Officer Training Corps Primary Cadets Jeffery Wright,


Derek Walsh, Daniel Hernandez, Ahsan Nasar, Jose Megallanes, and Jerry Moon;accompanied by Daniel San Miguel, father of Senator VanideiPutte, and otherveterans.


AT EASE

The President at 12:25 p.m. announced the Senate would stand At Ease pendingthe departure of its guests.

IN LEGISLATIVE SESSION

The President at 12:36 p.m. called the Senate to order as In Legislative Session.

RESOLUTIONS SIGNED

The President announced the signing of the following enrolled resolutions in thepresence of the Senate:iiHCRi64, HCRi88, HCRi202, HCRi211, HCRi222.

MESSAGE FROM THE HOUSE

HOUSE CHAMBERAustin, TexasApril 30, 2003

The Honorable President of the SenateSenate ChamberAustin, Texas

Mr. President:

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

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

SB 7, Relating to the recognition of a same-sex marriage or a civil union.(Amended)

SB 718, Relating to the practice and regulatory environment for registered nurses andlicensed vocational nurses.(Amended)

SB 732, Relating to discounts or other forms of pricing flexibility fortelecommunications services.

SB 857, Relating to certain therapeutic optometrists ’participation in a managed careplan.

SB 1057, Relating to the determination of incompetency in criminal and juvenilejustice cases.

SB 1224, Relating to the appointment of counsel for an indigent applicant for a writ ofhabeas corpus in a capital case.(Committee Substitute)

SB 1603, Relating to charitable contributions by state employees to the General LandOffice ’s Adopt-A-Map/Adopt-A-Document Program.


THE HOUSE HAS CONCURRED IN SENATE AMENDMENTS TO THE

FOLLOWING MEASURES:

HB 43, (passed by record vote 136 yeas, 0 nays, 2 present, not voting)

THE HOUSE HAS GRANTED THE REQUEST OF THE SENATE FOR THE

APPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWING

MEASURES:

SB 104, House Conferees:iiAllen - Chair/Capelo/Coleman/Nixon/Pitts/

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

SENATE BILLS ON FIRST READING

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

committees indicated:

SB 1931 by Ogden

Relating to the composition, appointment, and reconstitution of the board of directors

of the Brazos River Authority.ii(Local Bill)

To Committee on Natural Resources.

SB 1932 by Ogden

Relating to the performance of the duties of a district attorney by the Prison

Prosecution Unit in case of a vacancy in certain counties.

To Committee on Criminal Justice.

SB 1933 by Staples

Relating to the exclusion of land from Waterwood Municipal Utility District.ii(Local

Bill)


SB 1934 by Hinojosa

Relating to the territory and the governing body of the Port of Corpus Christi

Authority of Nueces County, Texas.ii(Local Bill)


SB 1935 by Fraser

Relating to the law governing the Brazos River Authority and the law governing the

Lower Colorado River Authority, including matters affecting the composition of the

governing boards of those authorities.ii(Local Bill)


SB 1936 by Ellis

Relating to the creation of the Buffalo Bayou Management District; providing the

authority to impose taxes and issue bonds.ii(Local Bill)

To Committee on Intergovernmental Relations.


HOUSE BILLS ON FIRST READING

The following bills received from the House were read first time and referred to

the committees indicated:

HB 730 to Committee on Business and Commerce.

HB 1076 to Committee on Business and Commerce.

HB 2055 to Committee on Intergovernmental Relations.

HB 2292 to Committee on Finance.

CONCLUSION OF MORNING CALL

The President at 12:40 p.m. announced the conclusion of morning call.

SENATE BILL 800 ON SECOND READING

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

consideration SBi800 at this time on its second reading:

SB 800, Relating to the establishment of Texas A&MiUniversity–San Antonio.

The motion prevailed by a viva voce vote.

The bill was read second time.

(Senator Carona in Chair)

Senator Fraser offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 800 as follows:

(1)iiInsert a new caption to read as follows:

relating to the establishment of Texas A&M University–San Antonio and Texas A&M

University–Central Texas.

(2)iiInsert a new SECTION 2 to read as follows and renumber the existing

sections appropriately:

SECTION 2.iiChapter 87, Education Code, is amended by adding Subchapter L

to read as follows:

SUBCHAPTER L.iiTEXAS A&M UNIVERSITY–CENTRALTEXAS

Sec. 87.861.iiTEXAS A&M UNIVERSITY–CENTRAL TEXAS.ii(a)iiTexas

A&M University–Central Texas is a general academic teaching institution located in

Bell County.iiThe university is a component institution of The Texas A&M University

System and is under the management and control of the board of regents of The Texas

A&M University System.

(b)iiThe board may prescribe courses leading to such customary degrees as are

offered at leading American universities and may award those degrees. Those degrees

may include baccalaureate, master ’s, and doctoral degrees in all fields of study,

including professional degrees. No department, school, or degree program may be

instituted except with the prior approval of the Texas Higher Education Coordinating

Board.


(c)iiThe board also has the same powers and duties concerning Texas A&M

University–Central Texas as are conferred on the board by statute concerning Texas

A&M University.

(d)iiNotwithstanding any other provision of this subchapter, Texas A&M

University–Central Texas may not operate as a general academic teaching institution

until the Texas Higher Education Coordinating Board certifies that enrollment at the

Tarleton State University System Center–Central Texas in Killeen has reached an

enrollment equivalent of 2,500 full-time students for one semester.

(3)iiAmend SECTION 2 of the committee report on line 39 after "Bexar County"

and before "." by inserting the following:ii"or Bell County".

(4)iiAmend SECTION 3 of the committee report on line 43 by striking

"institution" and inserting "institutions," and by striking "is" and inserting "are".



SECTION 4.iiSubchapter J, Education Code is repealed.



SECTION 5.iiIt is the intent of the legislature that the board of regents of The

Texas A&M University System consult with existing general academic teaching

institutions and community colleges in the Central Texas area as well as local

governments and community leaders prior to a decision by the board to offer

lower-division courses at Texas A&M University–Central Texas.

The floor amendment was read and was adopted without objection.

SB 800 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 800 ON THIRD READING

Senator Madla moved that Senate Rule 7.18 and the Constitutional Rule

requiring bills to be read on three several days be suspended and that SBi800 be

placed on its third reading and final passage.


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

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

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

Williams, Zaffirini.

Nays:iiRatliff, Wentworth.

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

Naysi0.


COMMITTEEiiSUBSTITUTESENATE BILL 1273 ON SECOND READING

Senator Armbrister moved to suspend the regular order of business to take up forconsideration CSSBi1273 at this time on its second reading:

CSSB 1273, Relating to alternatives to suspension of alcoholic beverage licensesand permits.


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

COMMITTEEiiSUBSTITUTE


Senator Armbrister moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that CSSBi1273 beplaced on its third reading and final passage.


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


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


Senator Hinojosa moved to suspend the regular order of business to take up forconsideration SBi315 at this time on its second reading:

SB 315, Relating to the annexation by certain junior college districts of territoryin a district ’s service area.



Senator Jackson offered the following amendment to the bill:


Amend SB 315 in SECTION 1, in proposed Section 130.0661, Education Code,by striking Subsection (a) (page 1, lines 14-19) and substituting the following:

(a)iiThis section applies only to a junior college district that:(1)iiincludes within its territory all or part of a municipality with a

population of 250,000 or more that borders the Gulf of Mexico; and(2)iihas a service area established by Subchapter J that includes four or

more whole counties.

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


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



Senator Hinojosa moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that SBi315 beplaced on its third reading and final passage.


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


The bill was read third time and was passed by the following vote:iiYeasi31,Naysi0.


Senator Duncan moved to suspend the regular order of business to take up forconsideration CSSBi1107 at this time on its second reading:

CSSB 1107, Relating to the assignment of certain justices or judges as visitingjudges.



Senator Duncan offered the following amendment to the bill:


Amend CSSB 1107 as follows:(1)iiAmend CSSB 1107 by striking Section 74.054(e) on page 2, lines 68 - page

3, line 1.(2)iiAmend CSSB 1107 by adding a new Section 74.053(g) on page 2, after line

36 to read as follows:(g)iiAn active district judge assigned under this chapter is not subject to

objection.


Senator Lindsay offered the following amendment to the bill:


Amend CSSB 1107 as follows:On page 4, line 4-29 add:SECTION 11.iiAmend Chapters 835 and 840 of the Government Code to

include the following in the appropriate sections:


A visiting or assigned state district judge is not entitled to receive service credit in

either judicial retirement system for any month in which the judge makes a payroll

contribution that is less than the amount of payroll contribution of a full time district

judge. A visiting or assigned state district judge is not considered to have made the

required monthly contribution until the judge offsets any deficiency with a direct

payment to the retirement system or through an actual cash reduction of future state

salary.

Re-number SECTION 11 to SECTION 12.


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

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

CSSB 1107 as amended was passed to engrossment by a viva voce vote.



Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule

requiring bills to be read on three several days be suspended and that CSSBi1107 be








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



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

consideration CSSBi1588 at this time on its second reading:

CSSB 1588, Relating to exempting college savings plan accounts from

attachment, execution, and seizure for the satisfaction of debts.


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

vote.



Senator Whitmire moved that Senate Rule 7.18 and the Constitutional Rule












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


SB 45, Relating to the operation of a motor vehicle while intoxicated with a child

passenger in the vehicle; providing a penalty.



Senator Zaffirini offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend SB 45, in SECTION 1 of the bill, proposed Section 49.045(a)(2), Penal

Code, (on page 1, line 12) by striking "16" and substituting "15".

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

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




Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule

requiring bills to be read on three several days be suspended and that SBi45 be placed

on its third reading and final passage.




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

Zaffirini.

Nays:iiRatliff, Staples, Wentworth.




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


SB 1876, Relating to the conditional grant program administered by the Texas

Department of Transportation.


RECORD OF VOTE

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

the regular order of business.


Senator Barrientos offered the following amendment to the bill:


Amend SB 1876, on page 1, lines 28-40 in SECTIONi3 of the bill by designating

as Subsection (a) existing Sec.i56.143, entitled "ELIGIBLE STUDENT", and adding

Subsectioni(b) to read as follows:

(b)iiIn determining who should receive a grant under this program, the

department:

(1)iishall give highest priority to students who demonstrate the greatest

financial need; and

(2)iimay consider whether the applicant would be the first generation of the

applicant ’s family to attend or graduate from an undergraduate program or from a

graduate or professional program.


RECORD OF VOTE

Senator West asked to be recorded as "Present-not voting" on the adoption of

Floor Amendment No.i1.

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



RECORD OF VOTE

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

SBi1876 to engrossment.


Senator Ratliff moved that Senate Rule 7.18 and the Constitutional Rule




The motion prevailed by the following vote:iiYeasi29, Naysi1, Present-not

votingi1.



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


Nays:iiWentworth.

Present-not voting:iiWest.


RECORD OF VOTE

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

SBi1876.



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


CSSB 1548, Relating to public school student discipline.



vote.



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

bills to be read on three several days be suspended and that CSSBi1548 be placed on

its third reading and final passage.


Nays:iiWentworth.


Naysi0.

HOUSE BILL 1065 ON SECOND READING

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

consideration HBi1065 at this time on its second reading:

HB 1065, Relating to the eligibility requirements to serve as a director of a

groundwater conservation district.






Amend HB 1065 as follows:(1)iiIn SECTIONi1 of the bill, proposed Sectioni36.051(d)(1), Water Code

(Senate committee printing, page 1, line 15), strike "an officer or employee of apolitical subdivision" and substitute "a member of the governing body or officer ofanother political subdivision other than a municipality or county".

(2)iiIn SECTIONi1 of the bill, proposed Sectioni36.051(d)(2), Water Code(Senate committee printing, page 1, line 18), strike "director, officer, or employee of apolitical subdivision" and substitute "member of the governing body or officer ofanother political subdivision other than a municipality or county".


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

HB 1065 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 1065 ON THIRD READING

Senator Averitt moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that HBi1065 beplaced on its third reading and final passage.


Nays:iiWentworth.



Senator Brimer moved to suspend the regular order of business to take up forconsideration SBi658 at this time on its second reading:

SB 658, Relating to making permanent the exemption from ad valorem taxationof motor vehicles leased for personal use.


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


Senator Brimer moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that SBi658 beplaced on its third reading and final passage.


Nays:iiWentworth.



SENATE BILL 756 WITH HOUSE AMENDMENT

Senator Nelson called SBi756 from the President ’s table for consideration of theHouse amendment to the bill.

The Presiding Officer, Senator Carona in chair, laid the bill and the Houseamendment before the Senate.

Floor Amendment No.i1

Amend SBi756 (House committee printing) by striking SECTION 4 of the billand substituting the following:

SECTIONi4.iiThis Act takes effect immediately if it receives a vote of two-thirdsof all the members 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 Septemberi1, 2003.

The amendment was read.

Senator Nelson moved to concur in the House amendment to SBi756.



Senator Armbrister moved to suspend the regular order of business to take up forconsideration CSSBi1377 at this time on its second reading:

CSSB 1377, Relating to landowners of groundwater whose land is enrolled orparticipating in a government conservation program.





Amend CSSB 1377 as follows:(1)iiOn page 1, line 23, of the committee substitute, strike the words "a

government program" and substitute the words "the federal conservation reserveprogram".

(2)iiOn page 1, line 36, of the committee substitute, strike the words "agovernment program" and substitute the words "the federal conservation reserveprogram, except as expressly authorized by this chapter".

(3)iiOn page 1, line 41, of the committee substitute, strike the words "agovernment program" and substitute the words "the federal conservation reserveprogram. Notwithstanding Sections 36.002 or 36.101, Water Code, a district thatadopts rules related to the protection of existing or historic use which authorize aparticipant in the federal conservation reserve program to establish existing or historicuse based upon the participant ’s groundwater production during a period of time priorto the participant entering the federal conservation reserve program shall not beconsidered discriminatory against such a participant for purposes of this chapter."


(4)iiOn page 1, line 46, of the committee substitute, strike the words "before,

on," and substitute the word "on".


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





Senator Armbrister moved that Senate Rule 7.18 and the Constitutional Rule




Nays:iiWentworth.



Senator Shapleigh called SBi583 from the President ’s table for consideration of

the House amendment to the bill.

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



(1)iiOn page 1, line 7, strike "REPORT." and substitute "REPORT. (a)".

(2)iiOn page 2, between lines 7 and 8, insert the following subsection:

(b)iiInformation relating to current, proposed, or planned missions that is

considered by the adjutant general or governor to be classified or of a sensitive nature

need not be included in the annual report under this section.


Senator Shapleigh moved to concur in the House amendment to SBi583.




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


CSSB 76, Relating to the provision of subsidized child-care services.




Senator Zaffirini offered the following amendment to the bill:


Amend CSSB 76 in SECTION 4 of the bill, in proposed Subdivision (1),

Subsection (a), Section 29.159, Education Code (committee printing, page 3, line 2),

by striking "ideal" and substituting "effective".


Senator Zaffirini offered the following amendment to the bill:


Amend CSSB 76 in SECTION 5 of the bill, in proposed Subsection (a)

(committee printing, page 4, lines 20 through 23), by striking proposed Subdivisions

(13) and (14) and substituting:

(13)iiadministrators of government-funded child-care programs;

(14)iiparents of children receiving government-funded child-care services or

other consumers of government-funded child-care services; and

(15)iiany other appropriate group, as determined by the director of the State

Center for Early Childhood Development.


Senator Shapiro offered the following amendment to the bill:


Amend CSSB 76 as follows:

(1)iiIn the introduction of SECTION 2 of the bill (committee printing, page 1,

line 20), strike "and (i)" and substitute "(i), and (j)".

(2)iiIn SECTION 2 of the bill, in proposed Subsection (g), Sectioni29.155,

Education Code (committee printing, page 1, line 22), by striking "section" and

substituting "subsection".

(3)iiIn SECTION 2 of the bill strike proposed Subsection (i), Sectioni29.155,

Education Code, (committee printing, page 1, lines 33-36), and substitute the

following:

(i)iiIn carrying out the purposes of Subsection (g), a school district or

open-enrollment charter school may use funds granted to the district or school under

this subsection in contracting with another entity, including a private entity.

(j)iiIf a school district or open-enrollment charter school returns to the

commissioner funds granted under this section, the commissioner may grant those

funds to another entity, including a private entity, for the purposes of Subsectioni(g).


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




COMMITTEEiiSUBSTITUTESENATE BILL 76 ON THIRD READING

Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that CSSBi76 beplaced on its third reading and final passage.


Nays:iiWentworth.



Senator Shapleigh moved to suspend the regular order of business to take up forconsideration SBi525 at this time on its second reading:

SB 525, Relating to the creation of employee wellness programs by stateagencies.



Senator Janek offered the following amendment to the bill:


Amend SB 525 by striking "with a portion of the fees paid by the state" onpagei1, lines 26 and 27.


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



Senator Shapleigh moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that SBi525 beplaced on its third reading and final passage.


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

Nays:iiStaples, Wentworth.



Senator Harris called SBi572 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.


Floor Amendment No.i1

Amend SB 572 in SECTION 1 of the bill, in proposed Section 821.055, Health

and Safety Code (House committee printing, page 3, between lines 18 and 19), by

inserting proposed Subsection (d) to read as follows:

(d)iiNotwithstanding Subsection (a), an employee of an animal shelter is not

required to have successfully completed the training course before the 120th day

following the date of initial employment.


Senator Harris moved to concur in the House amendment to SBi572.




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


CSSB 1606, Relating to residential property insurance provided under the FAIR

Plan Act.



vote.



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




Nays:iiWentworth.


Naysi0.



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


CSSB 1180, Relating to an index of court costs and fees in civil proceedings,

court costs on conviction, and other court-related fees and costs.




Senator West offered the following amendment to the bill:


Amend CSSB 1180, in SECTION 1 of the bill, in Subdivision (8), Section

103.021, Government Code (committee printing page 16, line 32), by striking "$50"

and substituting "$100".


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

to conform to the body of the bill as amended.




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




Nays:iiWentworth.


Naysi0.



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


CSSB 305, Relating to specialized license plates and parking placards for

vehicles of persons with disabilities.



vote.



Senator Barrientos moved that Senate Rule 7.18 and the Constitutional Rule




Nays:iiWentworth.




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


SB 1379, Relating to the authority of a municipality to enforce water

conservation and drought ordinances.



vote.






Nays:iiWentworth.



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


SB 585, Relating to providing money to pay for the remediation, cleanup, and

closure of unpermitted solid waste facilities.






On page 1, line 47, after "superfund" and before "for" add the following:

", from funds appropriated,"


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




Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule





Nays:iiWentworth.


SENATE JOINT RESOLUTION 25 WITH HOUSE AMENDMENT

Senator Staples called SJRi25 from the President ’s table for consideration of the

House amendment to the resolution.

The Presiding Officer laid the resolution and the House amendment before the

Senate.

Amendment No.i1

Amend SJRi25 as follows:

On page 2, strike Section 4, lines 14-19 and insert in its place the following:

SECTION 4.iiThis proposed constitutional amendment shall be submitted to the

voters at an election to be held Septemberi13, 2003. The ballot shall be printed to

permit voting for or against the proposition: "The constitutional amendment to

authorize the legislature to exempt from ad valorem taxation travel trailers not held or

used for the production of income."


Senator Staples moved to concur in the House amendment to SJRi25.




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


CSSB 619, Relating to oil spill prevention and response.



vote.







Nays:iiWentworth.





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


CSSB 786, Relating to establishing task forces in certain border communities to

study impediments to trade in the border region.


RECORD OF VOTE

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

regular order of business.


vote.

RECORD OF VOTE

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

CSSBi786 to engrossment.



Senator Shapleigh moved that Senate Rule 7.18 and the Constitutional Rule






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


Nays:iiNelson, Wentworth.


Naysi1.

Nays:iiNelson.

SESSION TO CONSIDER EXECUTIVE APPOINTMENTS

The Presiding Officer, Senator Carona in Chair, announced the time had arrived

to consider executive appointments to agencies, boards, and commissions.iiNotice of

submission of these names for consideration was given yesterday by Senator Lindsay.

Senator Lindsay moved confirmation of the nominees reported by the Committee

on Nominations.

The Presiding Officer asked if there were requests to sever nominees.

There were no requests offered.


NOMINEES CONFIRMED

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

confirmed by the following vote:iiYeasi31, Naysi0.

Judge, 408th Judicial District Court, Bexar County:iiRebecca Simmons, Bexar

County.

Members, Texas State Board of Public Accountancy:iiJ.iCoalter Baker, Travis

County; Marcela E. Donadio, Harris County; David D. Duree, Midland County;

Carlos Madrid,iJr., Bexar County; Paula Martina Mendoza, Harris County; Orville W.

Mills, Jr., Fort Bend County; Joseph W. Richardson, Harris County; JohniW.

Steinberg, Bexar County; Melanie G. Thompson, Comal County; John A. Walton,

Dallas County.

Member, Texas Alcoholic Beverage Commission:iiKelton Gray Seliger, Randall

County.

Members, Texas Building and Procurement Commission:iiTom Beard, Brewster

County; StuartiS. Coleman, Brown County; Noe Fernandez, Hidalgo County.

Members, Parks and Wildlife Commission:iiNed S. Holmes, Harris County;

Donato David Ramos, Webb County; Kelly Rising, Jefferson County.

Member, University of North Texas System Board of Regents:iiJohn Robert

"Bobby" Ray, Collin County.

Members, Texas Board on Aging:iiFrances Ann Brown, Denton County; Mi Yun

"Maryann" Choi,iM.D.,iM.P.H., Williamson County; Deborah Ann Hoffpauir, Collin

County.

Members, Credit Union Commission:iiGaroldiR. Base, Collin County; JamesiK.

Burnett, Denton County; Rufino Carbajal,iJr., El Paso County.

Members, Board of Nurse Examiners:iiDeborahiH. Bell, Taylor County; Virginia

Milam Campbell, Dallas County; Lawrence John Canfield, Bell County; Phyllis

Caves Rawley, El Paso County.

Members, Texas Optometry Board:iiJudy McClendon Eidson, Bexar County;

Fred FariasiIII,iO.D., Hidalgo County; Sharon LaRuth Johnson, Tarrant County.

Member, State Board for Educator Certification:iiCarlen Pool Floyd, Travis

County.

Member, Texas Board of Professional Engineers:iiShannoniK. McClendon, Hays

County.

SENATE RULES SUSPENDED

(Posting Rules)

On motion of Senator Nelson and by unanimous consent, Senate Rule 11.10(a)

and Senate Rule 11.18(a) were suspended in order that the Committee on Health and

Human Services might meet and consider the following bills and resolutions

today:iiHCRi56, HCRi57, SCRi25, SBi56, SBi216, SBi1743.


NOTICE GIVEN FOR

LOCAL AND UNCONTESTED CALENDAR

Senator Harris announced that a Local and Uncontested Calendar had been

furnished to each Member of the Senate. He then gave notice that the Local and

Uncontested Calendar Session would be held at 8:00ia.m. tomorrow and that all bills

and resolutions would be considered on second and third reading in the order in which

they were listed.

SENATE RULE 11.13 SUSPENDED

(Consideration of Bills in Committees)

On motion of Senator Whitmire and by unanimous consent, Senate Rule 11.13

was suspended to grant all committees permission to meet while the Senate is meeting

tomorrow.

MOTION TO ADJOURN

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

2:06ip.m. agreed to adjourn, in memory of those who died and in honor of those who

fought at the Battle of the Bulge, upon conclusion of the Local and Uncontested

Calendar Session, until 11:00ia.m. tomorrow.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Congratulatory Resolutions

SR 669 by Barrientos, Commending the Pi Sigma Alpha chapter at The University of

Texas at Austin.

SR 707 by Nelson, Commending Fort Worth Independent School District and

Birdville Independent School District for implementing the Step With It! program.

Official Designation Resolution

HCR 36 (Janek), Designating September 2003 as Leukemia and Lymphoma

Awareness Month in Texas.

Legislative Policy Resolutions

SCR 35 by Shapiro, Resolving that the State of Texas join in the observance of

Holocaust Remembrance Day on April 29, 2003.

SR 706 by Shapiro, Encouraging public and private institutions of higher education in

the State of Texas to adopt service learning as an important pedagogical tool.

RECESS

On motion of Senator Whitmire, the Senate at 2:06ip.m. recessed until 8:00ia.m.

tomorrow for the Local and Uncontested Calendar Session.


AAAPPENDIXAA

COMMITTEE REPORTS

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

April 30, 2003

GOVERNMENT ORGANIZATIONi—iCSSB 1771

STATE AFFAIRSi—iCSSB 977, CSSB 1213, CSSBi1611, CSSBi1752, CSSBi1804,CSSBi1836

FINANCEi—iCSSB 1646

STATE AFFAIRSi—iCSSB 1601

INFRASTRUCTURE DEVELOPMENT AND SECURITYi—iCSSBi344, SBi1407(Amended), CSSBi1499, CSSBi1517, CSSBi1706

INTERGOVERNMENTAL RELATIONSi—iCSSBi708, CSSBi991, CSSBi999,CSSBi1566, CSSBi1686, CSSBi1833

NATURAL RESOURCESi—iCSSBi1451, SBi1481, HBi2382

BUSINESS AND COMMERCEi—iSB 1278

SENT TO GOVERNOR

April 30, 2003

SBi151, SBi209, SBi354, SBi375, SBi491, SBi520, SBi761, SBi979, SBi1430,SBi1580


Documents

FIFTY-NINTH DAY