HOUSE JOURNAL of Hays, Caldwell, and Gonzales counties during the 1998 flood. HR 583 was read and was adopted without objection. HCR 179 - ADOPTED (by Green) Representative Green moved

Wednesday, April 14, 1999 HOUSE JOURNAL — 51st Day 1005

HOUSE JOURNALSEVENTY-SIXTH LEGISLATURE, REGULAR SESSION

PROCEEDINGS

FIFTY-FIRST DAY — WEDNESDAY, APRIL 14, 1999

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

The roll of the house was called and a quorum was announced present(Record 85).

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

Absent, Excused — Najera.

Absent — Hawley; Hupp; King, P.; Reyna, A.; Wilson; Wise.

The invocation was offered by Dr. Robert L. Allen, First UnitedMethodist Church, Wichita Falls, as follows:

Eternal God, who created us, and continues to create through us, we comebefore you in a spirit of gratitude. We are grateful for the gift of life youhave given to each us. We are grateful for the friendships we share. We aregrateful for the freedom we experience in this great nation and this greatstate.

We come today requesting your special watch over the men and womenof our armed forces who, even now, are in harm's way in the Balkans. As theyseek to protect innocent men, women, and children, remind them that theyare not alone because of your loving presence. Remind them, O God, thatregardless of our political opinions, they have our support, respect, andprayers that they may bring an end to this conflict and return home safelyto their families.

O God, you know the difficulties the men and women of this house ofrepresentatives face and the important decisions they must make for thepeople of our state. Strengthen them to have the personal integrity to do what

1006 76th LEGISLATURE — REGULAR SESSION

is right instead of what is politically expedient. Give to them backbonesinstead of wishbones as they seek to help the people of this great state.

We pray this in that name which is sacred to us all. Amen.

LEAVE OF ABSENCE GRANTED

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

Najera on motion of J. F. Solis.

(Hupp now present)

MESSAGE FROM THE SENATE

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

CAPITOL PHYSICIAN

The speaker recognized Representative Coleman who presented Dr.Sukhdev Peganyee of Houston as the "Doctor for the Day."

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

HCR 231 - ADOPTED(by Gallego)

Representative Gallego moved to suspend all necessary rules to take upand consider at this time HCR 231.

The motion prevailed without objection.

The following resolution was laid before the house:

HCR 231, In memory of Bruce McKenzie.

HCR 231 was read and was unanimously adopted by a rising vote.

HR 420 - ADOPTED(by Goolsby)

Representative Goolsby moved to suspend all necessary rules to take upand consider at this time HR 420.



HR 420, Congratulating Dallas police detective Senior Corporal James J."J. J." Kalash on being named Officer of the Year for 1998.

(Wise now present)

HR 420 was read and was adopted without objection.

On motion of Representative Hardcastle, the names of all the membersof the house were added to HR 420 as signers thereof.


INTRODUCTION OF GUESTS

The speaker recognized Representative Goolsby, who introduced SeniorCorporal James J. "J. J." Kalash and his family.

HR 343 - ADOPTED(by Mowery)

Representative Mowery moved to suspend all necessary rules to take upand consider at this time HR 343.



HR 343, In memory of Dr. Dalton Cornelius Hartnett.

(P. King and A. Reyna now present)

HR 343 was read and was unanimously adopted by a rising vote.

HR 586 - ADOPTED(by C. Jones)

Representative C. Jones moved to suspend all necessary rules to take upand consider at this time HR 586.



HR 586, Designating April 14, 1999, as Washington County Day.

(Wilson now present)



The speaker recognized Representative C. Jones, who introduced adelegation from Washington County.

HR 637 - ADOPTED(by Heflin)

Representative Heflin and the Harris County delegation moved tosuspend all necessary rules to take up and consider at this time HR 637.



HR 637, Congratulating Empowering Teen Leaders participants.


On motion of Representative Yarbrough, the names of all the membersof the house were added to HR 637 as signers thereof.

HCR 180 - ADOPTED(by Farabee and Hardcastle)

Representative Farabee moved to suspend all necessary rules to take upand consider at this time HCR 180.




HCR 180, Congratulating the Dallas Cowboys and the city of WichitaFalls on the success of the team's training camp.

HCR 180 was read and was adopted without objection.

HCR 192 - ADOPTED(by Farabee and Hardcastle)

Representatives Farabee and Hardcastle moved to suspend all necessaryrules to take up and consider at this time HCR 192.



HCR 192, Designating April 14, 1999, as Wichita Falls Day at the StateCapitol.


HR 168 - ADOPTED(by Hamric)

Representative Hamric moved to suspend all necessary rules to take upand consider at this time HR 168.



HR 168, Honoring Kaye Rosenquist for her civic contributions.


INTRODUCTION OF GUEST

The speaker recognized Representative Hamric, who introduced KayeRosenquist.

HR 617 - ADOPTED(by Homer)

Representative Homer moved to suspend all necessary rules to take upand consider at this time HR 617.



HR 617, In memory of Jimmie D. Mills, Jr.

HR 617 was unanimously adopted by a rising vote.

HR 583 - ADOPTED(by Green)

Representative Green moved to suspend all necessary rules to take up andconsider at this time HR 583.




HR 583, Honoring the brave men and women who provided assistance toresidents of Hays, Caldwell, and Gonzales counties during the 1998 flood.


HCR 179 - ADOPTED(by Green)

Representative Green moved to suspend all necessary rules to take up andconsider at this time HCR 179.



HCR 179, Declaring Gonzales to be the "Lexington of Texas."


HCR 208 - ADOPTED(by Green)

Representative Green moved to suspend all necessary rules to take up andconsider at this time HCR 208.



HCR 208, Honoring Zig Ziglar.

HCR 208 was adopted without objection.

BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER

Notice was given at this time that the speaker had signed bills andresolutions in the presence of the house (see the addendum to the dailyjournal, Signed by the Speaker, House List No. 28).

HR 612 - ADOPTED(by Walker and Krusee)

Representative Walker moved to suspend all necessary rules to take upand consider at this time HR 612.



HR 612, Honoring the 12th birthday of Bryan McAnally from RoundRock.

HR 612 was adopted without objection.

HR 577 - ADOPTED(by Y. Davis)

Representative Y. Davis moved to suspend all necessary rules to take upand consider at this time HR 577.




HR 577, Honoring Thomas M. Dunning for receiving the 70th AnnualLinz Award.


HR 636 - ADOPTED(by Y. Davis)

Representative Y. Davis moved to suspend all necessary rules to take upand consider at this time HR 636.



HR 636, Congratulating Erle Nye on being named a recipient of TheAmerican Jewish Committee's 1999 Institute of Human Relations Award.


HR 339 - ADOPTED(by Glaze)

Representative Glaze moved to suspend all necessary rules to take up andconsider at this time HR 339.



HR 339, Honoring Gerald Rosebure on his retirement as superintendentof Arp schools.


HR 469 - ADOPTED(by Counts)

Representative Counts moved to suspend all necessary rules to take upand consider at this time HR 469.



HR 469, Recognizing April 14, 1999, as Texas State Technical CollegeDay at the Capitol.


On motion of Representative Hunter, the names of all the members of thehouse were added to HR 469 as signers thereof.


The speaker recognized Representative Counts, who introducedrepresentatives from the Texas State Technical College system.


BILLS AND JOINT RESOLUTIONS ON FIRST READINGAND REFERRAL TO COMMITTEES

RESOLUTIONS REFERRED TO COMMITTEES

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

HB 1374 - RECOMMITTED

Representative Gallego moved to recommit HB 1374 to the Committeeon County Affairs.


MAJOR STATE CALENDARHOUSE BILLS

THIRD READING

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

HB 1 ON THIRD READING(by Junell)

HB 1, General Appropriations Bill.

HB 1 was passed.

The speaker stated that HB 1 was passed subject to the provisions ofArticle III, Section 49a, of the Texas Constitution.

HB 1 - RULES SUSPENDED

Representative Junell moved to suspend House Rule 2, Section 1(a)(9) topermit HB 1 to be sent to the senate in the form of engrossed riders in lieuof a full engrossment.


GENERAL STATE CALENDARHOUSE BILLS

SECOND READING

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

CSHB 597 ON SECOND READING(by Flores, McReynolds, et al.)

CSHB 597, A bill to be entitled An Act relating to preference to Texasand United States products in purchasing by school districts; providing a civilpenalty.

Amendment No. 1

Representative Chisum offered the following amendment to CSHB 597:

Amend CSHB 597 as follows:(1) On page 1, strike 22-24.


(2) On page 2, strike lines 1-5.(3) On page 2, line 6, strike "(g)" and substitute "(d)".(4) On page 2, line 10, strike "(h)" and substitute "(e)".(5) On page 2, line 13, strike "(i)" and substitute "(f)".

Amendment No. 1 was adopted without objection.

Amendment No. 2

Representative Uher offered the following amendment to CSHB 597:

Amend CSHB 597 on page 1, by striking lines 7-24, on page 2 bystriking line 1-5, lines 13-24; by striking "(h)" on page 2, line 10 andsubstituting therefore "(a)" and on page 2, line 6, by striking "(g)" in theimplementation of this section, "a" and substituting therefore "(b) a"

(Hawley now present)

Representative Flores moved to table Amendment No. 2.

The motion to table prevailed.

Amendment No. 3

Representative Garcia offered the following amendment to CSHB 597:

Amend CSHB 597 in SECTION 1 of the bill by adding the followingnew Subsection (d) to Section 44.042 and relettering the existing Subsection(d) and subsequent subsections in Section 44.042 appropriately:

(d) A school district that enters into a contract for construction orremodeling or a related contract for supplies shall give preference to Texascontractors if the cost to the school district is equal and the expected qualityof the work or supplies, as applicable, is comparable.

Amendment No. 3 was withdrawn.

Amendment No. 4

Representative Cook offered the following amendment to CSHB 597:

Amend CSHB 597 as follows:(1) On page 1, lines 8 and 9, strike "goods, including".(2) On page 1, line 12, strike "goods, including".(3) On page 1, line 15, strike "goods" and substitute "agricultural

products".(4) On page 2 line 11, strike "goods" and substitute "agricultural

products".


A record vote was requested.

CSHB 597, as amended, was passed to engrossment by (Record 86): 120Yeas, 26 Nays, 1 Present, not voting.

Yeas — Alexander; Allen; Alvarado; Averitt; Bailey; Bonnen; Bosse;Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian;Clark; Coleman; Cook; Counts; Crownover; Cuellar; Culberson; Danburg;


Davis, J.; Davis, Y.; Denny; Deshotel; Dukes; Dunnam; Dutton; Edwards;Ehrhardt; Eiland; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George;Giddings; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Grusendorf;Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Hilderbran;Hinojosa; Hochberg; Hodge; Homer; Hope; Hunter; Hupp; Janek; Jones, D.;Jones, J.; Junell; Keel; Keffer; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.;Lewis, R.; Longoria; Luna; Maxey; McCall; McClendon; McReynolds;Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Noriega; Oliveira; Olivo;Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Ritter; Sadler;Salinas; Seaman; Smith; Smithee; Solis, J.; Solis, J. F.; Swinford; Telford;Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte;Walker; West; Wilson; Wise; Wohlgemuth; Yarbrough; Zbranek.

Nays — Berman; Brimer; Corte; Crabb; Craddick; Delisi; Driver; Elkins;Heflin; Hilbert; Hill; Howard; Isett; Jones, C.; King, P.; Madden; Marchant;Nixon; Reyna, E.; Shields; Siebert; Solomons; Staples; Talton; Williams;Woolley.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Najera.

Absent — Merritt; Wolens.

STATEMENTS OF VOTE

I was shown voting yes on Record No. 86. I intended to vote no.

Denny

When Record No. 86 was taken, I was in the house but away from mydesk. I would have voted yes.

Merritt

CSHB 744 ON SECOND READING(by Eiland)

CSHB 744, A bill to be entitled An Act relating to revolving creditaccounts.

CSHB 744 was passed to engrossment. (Bosse recorded voting no)

CSHB 341 ON SECOND READING(by McCall, Junell, Brimer, Keffer, Luna, et al.)

CSHB 341, A bill to be entitled An Act relating to the use of certaininformation regarding a current or former employee.

Amendment No. 1

Representative Tillery offered the following amendment to CSHB 341:

Amend CSHB 341 as follows:(1) On page 1, between lines 8 and 9, insert the following:Sec. 103.001. PURPOSE; LEGISLATIVE FINDING. The legislature finds

that the disclosure by an employer of truthful information regarding a current


or former employee protects employment relationships and benefits the publicwelfare. It is the intent of the legislature that an employer who makes adisclosure based on information obtained by the employer that any employerwould reasonably believe to be true should be immune from civil liabilityfor that disclosure.

(2) On page 1, line 9, strike "Sec. 103.001" and substitute "Sec.103.002".



(5) On page 2, line 10, strike "Section 103.002" and substitute "Section103.003".



Amendment No. 2

Representative Tillery offered the following amendment to CSHB 341:

Amend CSHB 341 as follows:(1) On page 2, line 16, strike "employee that is retained, at the" and

substitute "employee.".(2) On page 2, strike lines 17-19.

COMMITTEE MEETING ANNOUNCEMENTS

The following committee meetings were announced:

County Affairs, on recess today, E2.036, for a formal meeting, to considerhouse bills.

Calendars, on recess instead of on adjournment today, speakers committeeroom.

RECESS

Representative Smithee moved that the house recess until 1:45 p.m.today.


The house accordingly, at 12:15 p.m., recessed until 1:45 p.m. today.

AFTERNOON SESSION

The house met at 1:45 p.m. and was called to order by the speaker.

(Sadler in the chair)

CSHB 341 - (pending business)

CSHB 341 was read second time earlier today and amended. AmendmentNo. 2 was before the house at the time of recess.



Amendment No. 3

Representatives Tillery, Dutton, and Clark offered the followingamendment to CSHB 341:

Amend CSHB 341 as follows:(1) On page 2, line 16, strike "employee that is retained, at the" and

substitute "employee, including any information maintained in a file by theemployer on that employee.".

(2) On page 2, strike lines 17-19.


Amendment No. 4

Representative Burnam offered the following amendment to CSHB 341:

Amend CSHB 341 as follows:(1) On page 2, line 3, strike "DISCLOSURE." substitute "DISCLOSURE;

APPLICATION TO CERTAIN EMPLOYEES. (A)".(2) On page 2, between lines 7 and 8, insert the following:(b) An employer may not disclose information about a licensed nurse or

licensed vocational nurse that relates to conduct that is protected underArticle 4525d, Revised Statutes. The employer must provide an affected nursean opportunity to submit a statement of reasonable length to the employerto establish the application of Article 4525d, Revised Statutes.


Amendment No. 5

Representative Giddings offered the following amendment to CSHB 341:

Amend CSHB 341 to read as follows:(1) On page 2, line 4, between "disclose" and "information", insert

"written".(2) On page 2, line 9, between "disclose" and "information", insert

"written".

Representative McCall moved to table Amendment No. 5.

The motion to table prevailed.

CSHB 341 - STATEMENT OF LEGISLATIVE INTENT

REPRESENTATIVE LUNA: Representative McCall, is it the purpose of thebill to provide limited liability exposure for those employers who give atruthful reference for former employees?

REPRESENTATIVE MCCALL: Yes, and only the truth, the whole truth, andnothing but the truth.

LUNA: Your bill states than an employer who gives a truthful reference willbe immune from liability unless it is proved that the information disclosedwas “known” to be false. Can we establish that “known” means actualknowledge based on information relating to the employee?

MCCALL: Yes, that’s exactly what it means.


LUNA: Representative McCall, the purpose of the bill and the legislativefinding of CSHB 341 is as follows: The legislature finds that the disclosureby an employer of truthful information regarding a current or former employeeprotects employment relationships and benefits the public welfare. It is theintent of the legislature that an employer who makes a disclosure based oninformation obtained by the employer that any employer would reasonablybelieve to be true should be immune from civil liability for that disclosure.

MCCALL: That’s the intent of this legislation.

LUNA: What types of situations have arisen that led you to file this bill?

MCCALL: The superintendent of schools in Plano, Texas is concerned aboutthe employees being put in the classroom. National Transportation SafetyBoard, after a plane crash, concluded that an airline would not have hired thepilot that was flying the plane at the time it crashed and it was determinedthat it was caused by pilot error because they could not get usefulinformation in the interview process.

LUNA: Representative McCall, am I safe to interpret “actual knowledge” asused in the bill to include any knowledge from any source, whether containedin the employer’s file, or information the employer obtained through his ownexperience, or information from an agent of the employer?

MCCALL: Yes, that’s correct.

LUNA: Is it your intent that “actual knowledge” would include theemployer’s reliance on information of any sort that contributed to theemployer’s basis for the reference?

MCCALL: Yes.

LUNA: Representative McCall, if the employer gave a reference that is basedon information that is not true, do you intend to grant immunity?

MCCALL: If the employer gave information that was not true, the employershould be sued, and I hope, get a large judgement against them.

LUNA: If any employer gave a reference that was not based on reliableinformation, would you expect that employer to be granted immunity?

MCCALL: Under no circumstances.

REMARKS ORDERED PRINTED

Representative Luna moved to print remarks by Representatives McCalland Luna.


LEAVE OF ABSENCE GRANTED

The following member was granted leave of absence for the remainder oftoday and the remainder of the week because of important business in thedistrict:

Crownover on motion of Hardcastle.


CSHB 341 - (consideration continued)


CSHB 341, as amended, was passed to engrossment by (Record 87): 125Yeas, 17 Nays, 2 Present, not voting.

Yeas — Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen;Bosse; Brimer; Brown, B.; Brown, F.; Carter; Chisum; Christian; Clark;Coleman; Corte; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg;Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam;Edwards; Ehrhardt; Eiland; Elkins; Farabee; Flores; Gallego; Garcia; George;Giddings; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Grusendorf;Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert;Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Howard; Hunter;Hupp; Isett; Janek; Jones, C.; Jones, D.; Junell; Keel; Keffer; King, P.; King, T.;Krusee; Kuempel; Lengefeld; Longoria; Luna; Madden; Marchant; McCall;McClendon; McReynolds; Merritt; Moreno, J.; Morrison; Mowery; Nixon;Noriega; Oliveira; Palmer; Pickett; Pitts; Puente; Ramsay; Reyna, E.; Ritter;Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solomons; Staples;Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, S.; Uher; Uresti;Van de Putte; Walker; West; Williams; Wohlgemuth; Wolens; Woolley;Yarbrough; Zbranek.

Nays — Burnam; Capelo; Chavez; Dutton; Ellis; Farrar; Lewis, G.;Lewis, R.; Maxey; Moreno, P.; Naishtat; Olivo; Rangel; Reyna, A.; Salinas;Solis, J. F.; Wilson.

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

Absent, Excused — Crownover; Najera.

Absent — Cook; Jones, J.; Turner, B.; Wise.

STATEMENTS OF VOTE

When Record No. 87 was taken, I was temporarily out of the housechamber. I would have voted yes.

Cook


B. Turner


Wise

REASON FOR VOTE

I would like my reasons for my nay vote to be recorded in the housejournal.

I feel that this law is redundant and not needed. I am a smallbusinessman. On a regular basis I give out truthful information about former


employees with prospective employers. This bill will only make it easier andlegal to convey rumors, gossip and falsehoods without fear of lawsuit.

Ellis

HB 512 ON SECOND READING(by Gray and McReynolds)

HB 512, A bill to be entitled An Act relating to the admissibility in acivil action of certain communications of sympathy.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Bosse, Representative Gray offered thefollowing committee amendment to HB 512:

Amends HB 512 of Chapter 18, Subchapter C, Section 18.061 in theCivil Practice and Remedies Code by inserting subsection (c) in betweenlines 23 and 24 to read as follows:

(c) Notwithstanding the provisions of Sections (a) and (b), acommunication, including an excited utterance as defined by Rule 803(2)of the Texas Rules of Evidence, which also includes a statement orstatements concerning negligence or culpable conduct pertaining to anaccident or event, is admissible to prove liability of the communicator.


HB 512, as amended, was passed to engrossment.

HB 681 ON SECOND READING(by Allen)

HB 681, A bill to be entitled An Act relating to claims against theTexas Department of Criminal Justice for certain conduct of state prisoninmates.

HB 681 was passed to engrossment.

HB 806 ON SECOND READING(by J. Jones)

HB 806, A bill to be entitled An Act relating to the force and effect ofa digital signature on certain court documents.

Amendment No. 1 (Committee Amendment No. 1)

Representative Thompson offered the following committee amendmentto HB 806:

Amend HB 806 by adding a new Section 2 to read as follows andrenumber the subsequent sections appropriately:

SECTION 2. Article 45.021, Code of Criminal Procedure, is amendedby amending Subsection (a) and adding Subsection (f) to read as follows:

(a) Notwithstanding any other provision of law, a document that isissued by a justice or municipal court or a notice or citation issued by alaw enforcement officer may be created by electronic means, includingoptical imaging, optical disk, digital imaging, or other electronic


reproduction technique that does not permit changes, additions, or deletionsto the originally created document.

(f) A statutory requirement that a document contain the signature of anyperson, including a judge, clerk of the court, or defendant, is satisfied if thedocument contains that signature as captured on an electronic device.


Amendment No. 2

Representative Thompson offered the following amendment to HB 806:

Amend HB 806 by adding new Sections 3, 4, and 5 to read as followsand renumber the subsequent sections appropriately:

SECTION 3. Section 543.003, Transportation Code, is amended to readas follows:

Sec. 543.003. NOTICE TO APPEAR REQUIRED: PERSON NOT TAKENBEFORE MAGISTRATE. An officer who arrests a person for a violation ofthis subtitle punishable as a misdemeanor and who does not take the personbefore a magistrate shall issue [in duplicate] a written notice to appear incourt showing the time and place the person is to appear, the offensecharged, the name and address of the person charged, and, if applicable, thelicense number of the person's vehicle.


Sec. 543.005. PROMISE TO APPEAR; RELEASE. To secure release, theperson arrested must make a written promise to appear in court by signing[in duplicate] the written notice prepared by the arresting officer. Thesignature may be obtained on a duplicate form or on an electronic devicecapable of creating a copy of the signed notice. The arresting officer shallretain the paper or electronic original of the notice and deliver the copy ofthe notice to the person arrested. The officer shall then promptly release theperson from custody.


Sec. 543.007. NOTICE TO APPEAR: COMMERCIAL VEHICLE ORLICENSE. A notice to appear issued to the operator of a commercial motorvehicle or holder of a commercial motor driver's license or commercial driverlearner's permit, for the violation of a law regulating the operation of vehicleson highways, must contain [be on a form that contains] the informationrequired by department rule, to comply with Chapter 522 and the federalCommercial Motor Vehicle Safety Act of 1986 (Title 49, U.S.C. Section 2701et seq.).



HB 1376 ON SECOND READING(by Bosse)

HB 1376, A bill to be entitled An Act relating to the notice providedto an owner of a vehicle towed to a vehicle storage facility.



CSHB 1879 ON SECOND READING(by Averitt)

CSHB 1879, A bill to be entitled An Act relating to the pricing and saleof bonds by the Texas Public Finance Authority, the use of bond proceeds,and the maximum amount of outstanding bonds.

CSHB 1879 was passed to engrossment.

CSHB 2719 ON SECOND READING(by Swinford)

CSHB 2719, A bill to be entitled An Act relating to the promotion ofTexas agricultural products; providing a penalty.

Amendment No. 1

Representative Zbranek offered the following amendment to CSHB 2719:

Amend CSHB 2719 by adding new SECTIONS to the bill, appropriatelynumbered, to read as follows:

SECTION . Title 3, Agriculture Code, is amended by adding Chapter47 to read as follows:

CHAPTER 47. TEXAS OYSTER PROGRAM.Sec. 47.001. PROMOTION AND ADVERTISEMENT. (a) The department

may promote and advertise the Texas oyster industry by:(1) using current market research to develop an oyster marketing plan

to increase consumption of Texas oysters;(2) conducting a public relations campaign to create a responsible

and accurate image of the Texas oyster industry;(3) providing information, education, and training to consumers on

safe and proper handling of oysters, and(4) using other methods the department considers approriate.

(b) The department, following guidance of the oyster advisory committeeestablished under Section 47.002, may use a portion of the oyster sales feefunds provided for administrative purposes.

Sec. 47.002. OYSTER ADVISORY COMMITTEE. (a) The commissionershall appoint an oyster advisory committee to provide guidance and directionon the programs and activities established under this chapter and expendituresof the funds appropriated for the purposes of this chapter.

(b) Members of the advisory committee serve without compensation orreimbursement of expenses.

(c) The advisory committee shall meet and elect a chairperson from itsmembers and shall conduct other meetings it considers necessary to provideguidance and direction to the department.

(d) The advisory committee consists of the following nine members:(1) six members appointed by the commissioner from a list of

nominations submitted individually by oyster dealers who have been certifiedin Texas for a least twelve months of each year of the three years precedingthe nomination;

(2) two members appointed by the commissioner from a list of


nominations submitted individually by oyster dealers who have been certifiedin Texas for at least six months of each year of the three years preceding thenomination; and

(3) one member appointed by the commissioner representingconsumer interests.

(e) The advisory committee shall develop its own by-laws under which itshall operate. The by-laws shall stipulate that five members constitute aquorum sufficient to conduct meetings and business of the advisory committee.

(f) An advisory committee member serves a three-year term, with the termsof three members expiring August 31 of each year.

(f) A member of the advisory committee may be reappointed to theadvisory committee.

SECTION . For the first appointment to the oyster advisory committeecreated under Chapter 47, Agriculture Code, as added by this Act, thecommissioner shall appoint two members from the list submitted under Section47.002(d)(1), Agriculture Code, as added by this Act, and one member fromthe list submitted under Section 47.002(e)(2), Agriculture Code, as added bythis Act, or the consumer representative, to serve terms of one year, two years,and three years, respectively, to establish the rotation.


CSHB 2719, as amended, was passed to engrossment.

CSHB 1138 ON SECOND READING(by Thompson)

CSHB 1138, A bill to be entitled An Act relating to a branch office of acounty clerk.

Amendment No. 1

Representative Thompson offered the following amendment toCSHB 1138:

Amend HB 1138 by striking all below the enacting clause andsubstituting the following:

SECTION 1. Section 292.006, Local Government Code, is amended toread as follows:

Sec. 292.006. BRANCH OFFICE OF COUNTY CLERK [FOR ISSUANCEOF MARRIAGE LICENSES]. (a) On the request of the county clerk, thecommissioners court of a county may provide by any means, operate, andmaintain one or more branch offices at any place in the county for the countyclerk [for the purpose of issuing marriage licenses].

(b) If a branch office is provided under this section in a building ownedby the county, the commissioners court shall operate and maintain thebuilding in the same manner that it operates and maintains the countycourthouse. The commissioners court shall have care and custody of thebuilding and may place any limitations on the use and maintenance of thebuilding it finds necessary.

(c) The county clerk may authorize one or more of the clerk's deputiesto work in the branch office to conduct any business as determined by thecounty clerk and in accordance with Subsection (d). [A deputy who is


appointed by the county clerk may take a marriage application from aperson who desires to be licensed to be married, and the deputy may issuea valid marriage license to a qualified applicant.]

(d) If the recording of instruments or documents in the county's officialrecords is permitted at a branch office by the county clerk, the recording mustbe by electronic means and the electronically recorded instruments ordocuments must be available without delay to members of the public in thecounty clerk's office at the county seat. For purposes of this subsection, aninstrument or document is available if it is capable of being:

(1) electronically examined by a member of the public in the countyclerk's office at the county seat; and

(2) placed into a format and medium that a member of the publiccan electronically process using technology that is generally available andnonproprietary.

(e) On a daily [regular] basis, as directed by the county clerk, a deputyat a branch office shall file all original records made at that office during theprevious day [year] with the county clerk's office at the county seat not laterthan the start of the next business day.

SECTION 2. The importance of this legislation and the crowdedcondition of the calendars in both houses create an emergency and animperative public necessity that the constitutional rule requiring bills to beread on three several days in each house be suspended, and this rule ishereby suspended, and that this Act take effect and be in force from and afterits passage, and it is so enacted.



HB 1572 ON SECOND READING(by S. Turner)

HB 1572, A bill to be entitled An Act relating to the authority ofphysicians and podiatrists to form certain jointly owned entities.

Amendment No. 1

Representative Hochberg offered the following amendment to HB 1572:

Amend HB 1572 as follows:(1) Insert a new SECTION, appropriately numbered, to read as follows:SECTION _____. Subchapter E, Medical Practice Act (Article 4495b,

Vernon's Texas Civil Statutes), is amended by adding Section 5.12 to readas follows:

Sec. 5.12. EMPLOYMENT OF PHYSICIANS BY PRIVATE MEDICALSCHOOL. A private medical school accredited by the Liaison Committee onMedical Education, in fulfilling its mission, may:

(1) employ or contract for the services of physicians to providemedical services; and

(2) retain all or part of the professional income generated by aphysician providing medical services under Subdivision (1).

(2) Renumber the SECTIONS of the bill accordingly.




CSHB 819 ON SECOND READING(by Naishtat)

CSHB 819, A bill to be entitled An Act relating to an objection to themediation of certain proceedings on the basis of family violence.

CSHB 819 was passed to engrossment.

CSHB 2025 ON SECOND READING(by Pickett, P. Moreno, Haggerty, Chavez, and Najera)

CSHB 2025, A bill to be entitled An Act relating to the establishmentand operation of the Border Health Institute.

CSHB 2025 was passed to engrossment. (Corte, Heflin, and Howardrecorded voting no)

HB 1779 ON SECOND READING(by Alexander)

HB 1779, A bill to be entitled An Act relating to the eligibility oflodging establishments located near interchanges for specific information logosigns.


(Speaker in the chair)

CSHB 1411 ON SECOND READING(by Naishtat)

CSHB 1411, A bill to be entitled An Act relating to the conservatorshipof and access to certain children by parents having a history of familyviolence.

Amendment No. 1

Representative Wohlgemuth offered the following amendment toCSHB 1411:

Amend CSHB 1411 as follows:On page 1, line 15 strike ", and nonviolent".



HB 844 ON SECOND READING(by Wilson)

HB 844, A bill to be entitled An Act relating to the total amount ofstate lottery prizes that may be awarded in a fiscal year.


HB 844 was passed to engrossment by (Record 88): 83 Yeas, 58 Nays,1 Present, not voting.


Yeas — Alexander; Alvarado; Averitt; Bailey; Bosse; Brimer; Burnam;Capelo; Carter; Coleman; Cuellar; Danburg; Davis, Y.; Deshotel; Driver;Dukes; Dunnam; Dutton; Ehrhardt; Eiland; Ellis; Farabee; Farrar; Flores;Gallego; Garcia; George; Giddings; Goodman; Goolsby; Greenberg;Grusendorf; Gutierrez; Haggerty; Hawley; Hilbert; Hinojosa; Hochberg;Hodge; Homer; Hope; Janek; Jones, D.; Jones, J.; Junell; Kuempel; Lengefeld;Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Maxey; McCall; McClendon;McReynolds; Merritt; Moreno, J.; Moreno, P.; Naishtat; Noriega; Oliveira;Olivo; Palmer; Puente; Ramsay; Rangel; Reyna, A.; Ritter; Sadler; Salinas;Solis, J.; Solis, J. F.; Telford; Thompson; Tillery; Turner, B.; Uresti;Van de Putte; Wilson; Wise; Yarbrough; Zbranek.

Nays — Allen; Berman; Brown, B.; Brown, F.; Chisum; Christian; Clark;Cook; Corte; Counts; Crabb; Craddick; Culberson; Davis, J.; Delisi; Denny;Elkins; Glaze; Gray; Green; Hamric; Hardcastle; Hartnett; Heflin; Hilderbran;Hill; Howard; Hunter; Hupp; Isett; Jones, C.; Keel; Keffer; King, P.; King, T.;Krusee; Marchant; Morrison; Mowery; Nixon; Pitts; Reyna, E.; Seaman;Shields; Siebert; Smith; Smithee; Solomons; Staples; Swinford; Talton; Truitt;Walker; West; Williams; Wohlgemuth; Wolens; Woolley.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Crownover; Najera.

Absent — Bonnen; Chavez; Edwards; Pickett; Turner, S.; Uher.

STATEMENT OF VOTE


Pickett

RULES SUSPENDED

Representative Counts moved to suspend the 5-day posting rule to allowthe Committee on Natural Resources to consider HB 3814, relating to SaltFork Water Quality District.


COMMITTEE MEETING ANNOUNCEMENTS

The following committee meetings were announced:

Criminal Jurisprudence, Subcommittee on Capital Punishment, onadjournment today, Desk 53, for a formal meeting, to consider HB 2765 andHB 3069.

County Affairs, on adjournment today, E2.036, for a formal meeting, toconsider house bills that are pending.

Ways and Means, on adjournment today.

State Recreational Resources, reconvene 30 minutes after adjournmenttoday, E1.014, for a public hearing.

Insurance, on adjournment today, speakers committee room, for a formalmeeting.


Pensions and Investments, on adjournment today, committee room, toconsider posted bills.

Appropriations, on adjournment today, appropriations committee room, fora public hearing.

ADJOURNMENT

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


The house accordingly, at 3:04 p.m., adjourned until 10 a.m. tomorrow.

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REFERRED TO COMMITTEES

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

List No. 1

HB 3820 (by Puente), Relating to the issuance of special license platesfor elected county officials.

To Transportation.

HB 3821 (by Salinas), Relating to the creation of a juvenile board inDuval County.

To Juvenile Justice & Family Issues.

HB 3822 (by Telford), Relating to the creation of the County Court atLaw of Bowie County.

To Judicial Affairs.

HR 628 (by Alexander), Honoring Wyvonne Putman on her retirement.To Rules & Resolutions.

HR 629 (by Alexander), Congratulating Betty Coffey on her retirementfrom the City of Corsicana.

To Rules & Resolutions.

HR 630 (by Alexander), Honoring Troy England on his retirement fromthe Corsicana Fire Department.


HR 631 (by Carter, et al.), Honoring Brandon M. Hill for his outstandingaccomplishments.


HR 633 (by Glaze), Recognizing April 20, 1999, as Upshur County Dayat the State Capitol.



HR 634 (by F. Brown), Congratulating Bill Erwin on his receipt of the1999 Lone Star Achievement Award.


SB 103 to Public Education.

SB 295 to Insurance.

SB 330 to Public Education.

SB 711 to Land & Resource Management.

SB 1574 to Human Services.

SIGNED BY THE SPEAKER

The following bills and resolutions were today signed in the presence ofthe house by the speaker:

House List No. 28

HCR 140, HCR 162

MESSAGES FROM THE SENATE

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

Message No. 1

MESSAGE FROM THE SENATESENATE CHAMBER

Austin, TexasWednesday, April 14, 1999

The Honorable Speaker of the HouseHouse ChamberAustin, Texas

Mr. Speaker:

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

THE SENATE HAS PASSED THE FOLLOWING MEASURES:

HCR 207 Merritt SPONSOR: RatliffRecognizing the 60th anniversary of the Kilgore College Rangerettes.

HCR 230 Merritt SPONSOR: RatliffRecognizing April 13, 1999, as Kilgore Day at the State Capitol.

SB 434 Brown, J. E. "Buster"Relating to the disclosure of certain information by a property owners'association.

SB 557 LucioRelating to the discovery of expert witnesses in a criminal trial.


SB 577 ArmbristerRelating to the duties of and procedures affecting a court clerk with respectto certain criminal matters.

SB 578 ArmbristerRelating to the reporting of certain convictions to the Texas Department ofPublic Safety for the purposes of the suspension of the defendants' driver'slicenses.

SB 579 ArmbristerRelating to the collection of court costs in a forfeiture proceeding.

SB 648 WentworthRelating to the specification of venue for actions arising from certain majortransactions.

SB 762 DuncanRelating to limitations on the amount of funds placed in linked deposits.

SB 766 Brown, J. E. "Buster"Relating to the issuance of certain permits for the emission of aircontaminants.

SB 870 CainRelating to the right of parents to information concerning special education.

SB 970 SibleyRelating to the criminal offenses applicable to gambling and gamblingdevices.

SB 1078 ShapleighRelating to qualifications of jurors serving in the El Paso municipal courtsof record.

SB 1292 ZaffiriniRelating to monitoring the financial condition of certain nursing facilitieslicensed by the Texas Department of Human Services; providing penalties.

SB 1340 CaronaRelating to the regulation of anesthesia in certain outpatient settings.

SB 1423 West, RoyceRelating to providing supplemental financial assistance and services to certaingrandparents.

SJR 37 HarrisProposing a constitutional amendment relating to the application of equityloan law to cooperative membership fees and certificates.

Respectfully,

Betty KingSecretary of the Senate


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APPENDIX——————————————

STANDING COMMITTEE REPORTS

Favorable reports have been filed by committees as follows:

April 13

Agriculture & Livestock - HB 722, HB 2809, HB 3149

Business & Industry - HB 1137, HB 2347, HB 2717, HB 2769, HB 2842,HB 3493, HB 3497, SB 166, SB 167

Civil Practices - HB 2853, HB 3081, HB 3582

County Affairs - HB 2219, HB 2264, HB 2620, HB 2662, HB 2846,HB 2894, HB 2980, HB 2981, HB 3448, HB 3771, HB 3772, HB 3799

Criminal Jurisprudence - HB 2190, HB 2306, SB 284

Elections - HB 442, HB 1053, HB 1490, HB 2392, HB 2785

Environmental Regulation - HB 801, HB 1159, HB 2249, HB 3303,HB 3561

Financial Institutions - HB 1805, HB 2068, HB 2223, HB 2320, HB 3511,HB 3512

House Administration - HB 3294

Insurance - HB 205, HB 1089, HB 1354, HB 1533, HB 1928, HB 2493

Juvenile Justice & Family Issues - HB 3272, HB 3517

Land & Resource Management - HB 2572

Natural Resources - HB 340, HB 3401, HB 3568, HB 3793

Public Health - HB 897, HB 1347, HB 1725, HB 1920, HB 2179,HB 2315, HB 2669, HB 2708, HB 2827, HB 2850, HB 2873, HB 3504,HB 3505, SB 43, SB 254, SB 730, SB 780, SB 968

Public Safety - HB 571, HB 719, HB 953, HB 1968, HB 2031, HB 2032,HB 2397, HB 2794, HB 2802, HB 3215, HB 3492, SB 404

Urban Affairs - HB 247, HB 1132, HB 2147, HB 2238, HB 2310,HB 2925, HB 3619

Ways & Means - HB 79, HB 209, HB 551, HB 579, HB 598, HB 710,HB 958, HB 1655, HB 1978, HB 2104, HB 2280, HB 2371, HB 2372,HB 2615, HB 2684, HB 3033, HB 3159, HJR 4

ENGROSSED

April 13 - HB 1373, HB 1707, HB 1732, HB 1739, HB 2353, HB 2514

ENROLLED

April 13 - HCR 140, HCR 162

Documents

HOUSE JOURNAL of Hays, Caldwell, and Gonzales counties during the 1998 flood. HR 583 was read and was adopted without objection. HCR 179 - ADOPTED (by Green) Representative Green moved