SIXTY-FOURTH DAY

SIXTY-FOURTH DAYWEDNESDAY, MAY 7, 2003

PROCEEDINGS

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

the President.

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

Barrientos, Bivins, 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.

Absent-excused:iiBrimer.

The President announced that a quorum of the Senate was present.

Senate Doorkeeper Don Long offered the invocation as follows:

Most glorious Lord, we come to ask that Your grace descend in

abundance upon each Senator and our Lieutenant Governor on this day.

Give them patience as they struggle over the issues of this session. Let

them remember the words of the Psalmist:ii"Behold, how good and how

pleasant it is for brethren to dwell together in unity. It is like the precious

ointment upon the head, that ran down upon the beard, even Aaron ’sbeard:iithat went down to the skirts of his garments; as the dew of Hermon,

and as the dew that descended upon the mountains of Zion:iifor there the

Lord commanded the blessing, even life for evermore." (Psalms 133)

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.

LEAVE OFABSENCE

On motion of Senator Averitt, Senator Brimer was granted leave of absence for

today on account of important business.

CO-AUTHORS OF SENATE BILL 156

On motion of Senator Nelson, Senators Averitt and Armbrister will be shown as

Co-authors of SBi156.

CO-AUTHORS OF SENATE BILL 1077

On motion of Senator Shapleigh, Senators Hinojosa and Zaffirini will be shownas Co-authors of SBi1077.

CO-AUTHOR OF SENATE BILL 1937

On motion of Senator Armbrister, Senator Deuell will be shown as Co-author ofSBi1937.

CO-AUTHOR OF SENATE RESOLUTION 711

On motion of Senator Harris, Senator Ogden will be shown as Co-author ofSRi711.

INTRODUCTION OFBILLS AND RESOLUTIONS POSTPONED

The President announced that the introduction of bills and resolutions on firstreading would be postponed until the end of today ’s session.

MESSAGE FROM THE GOVERNOR

The following Message from the Governor was read and was referred to theCommittee on Nominations:

Austin, TexasMay 6, 2003

TO THE SENATE OF THE SEVENTY-EIGHTH LEGISLATURE, REGULARSESSION:

I ask the advice, consent and confirmation of the Senate with respect to thefollowing appointments:

TO BE A MEMBER OF THE STATE BOARD OF EXAMINERS OF DIETITIANSto expire September 1, 2007:

Amy Nicholson McLeod205 SpyglassLufkin, Texasii75901

(Ms. McLeod is replacing Patricia Krug of Converse whose term expired)

TO BE MEMBERS OF THE CRIME STOPPERS ADVISORY COUNCIL for termsto expire as indicated:

To Expire September 1, 2004:Tina Alexander Sellers211 Lost Pines CircleLufkin, Texasii75901

(replacing Jimmy White of Arlington who resigned)

To Expire September 1, 2005:Brian Thomas403 KellyAmarillo, Texasii79108

(replacing Thomas Dunn of Lufkin whose term expired)

1404 78th Legislature — Regular Session 64th Day

TO BE A MEMBER OF THE AUTOMOBILE THEFT PREVENTION

AUTHORITY for a term to expire February 1, 2009:

Denise Jeanette Anaya

535 South Mesa Hills, #428

El Paso, Texasii79912

(Ms. Anaya will replace Patricia Ayala of El Paso whose term expired)

TO BE MEMBERS OF THE TEXAS AGRICULTURAL FINANCE AUTHORITY

BOARD OF DIRECTORS for terms to expire January 1, 2005:

Darwin Dallas "Dal" DeWees

2306 Sul Ross

San Angelo, Texasii76904

Ruben O. Bosquez

1712 Jouquil

McAllen, Texasii78501

Albert Todd Lowry

6602 Hampton Court

Laredo, Texasii78041

Susan Kay Kennedy

4821 Emerald

Nacogdoches, Texasii75961

(All the above members are being reappointed)

TO BE MEMBERS OF THE TEXAS COUNTY AND DISTRICT RETIREMENT

SYSTEM for terms to expire December 31, 2007:

Robert A. Eckels

15018 Benfer

Houston, Texasii77069

(replacing Steve Radack of Houston whose term expired)

Bridget McDowell

3543 CR 268 W

Baird, Texasii79504

(replacing Victor Carrillo of Abilene who resigned)

Respectfully submitted,

/s/Rick Perry

Governor

PHYSICIAN OF THE DAY

Senator Estes was recognized and presented Dr. Charles Kelley Tibbles of

Decatur as the Physician of the Day.

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

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

Physicians.

Wednesday, May 7, 2003 SENATE JOURNAL 1405

SENATE RESOLUTION 692

Senator Lucio offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to join the TexasCommission on Environmental Quality in recognizing Hidalgo County CommissionerSylvia S. Handy for her leadership on behalf of the Hidalgo County Precinct 1 SolidWaste Management Program, which was selected as a finalist for a 2003 TexasEnvironmental Excellence Award; and

WHEREAS, Each year, the Texas Commission on Environmental Quality,formerly known as the Texas Natural Resource Conservation Commission, sponsorsthe Environmental Trade Fair and Conference, the state ’s premier environmentaleducation forum, which is being held in Austin on May 5 through 7, 2003; and

WHEREAS, The organization ’s top awards are selected by a blue ribbon panelof judges; the selection committee examines each application and chooses as finaliststhose environmental projects that have proved to be innovative, beneficial,measurable, educational, and cooperative; and

WHEREAS, Commissioner Handy applied for the prestigious honor on behalf ofHidalgo County Precinct 1 by submitting extensive materials on the county ’s SolidWaste Management Program, which includes such initiatives as a recycling program,a solid waste enforcement program, citizen collection stations, and an environmentaleducation program; and

WHEREAS, Of the 50 entrants in the Government category, Hidalgo County ’sprogram is one of five finalists recognized for implementing a project that has had asignificant impact on the overall conservation and protection of the environment; now,therefore, be it

RESOLVED, That the Senate of the State of Texas, 78th Legislature, herebycommend County Commissioner Sylvia Handy for her outstanding work onprotecting the environment and improving the quality of life for the citizens ofHidalgo County and the State of Texas; and, be it further

RESOLVED, That a copy of this Resolution be prepared for her as an expressionof high regard from the Texas Senate.

The resolution was read and was adopted without objection.

GUESTS PRESENTED

Senator Lucio was recognized and introduced to the Senate Sylvia S. Handy,Hidalgo County Commissioner, accompanied by Celina S. Garza, Luciano Garza III,Rogelio Quintero, and Martin Blanco.

The Senate welcomed its guests.

SESSION TO CONSIDER EXECUTIVE APPOINTMENTS

The President announced the time had arrived to consider executiveappointments to agencies, boards, and commissions.iiNotice of submission of thesenames for consideration was given yesterday by Senator Lindsay.

Senator Lindsay moved confirmation of the nominees reported yesterday by theCommittee on Nominations.

The President asked if there were requests to sever nominees.

There were no requests offered.


NOMINEES CONFIRMED

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

confirmed by the following vote:iiYeasi30, Naysi0.


Members, Lower Colorado River Authority Board of Directors:iiG. Hughes

Abell, Travis County; Connie Granberg, Blanco County; Robert Kent "Bob"

Long,iSr., Bastrop County; Charles R. Moser, Washington County; Ray A. Wilkerson,

Travis County.

Members, Texas State Board of Examiners of Marriage and Family

Therapists:iiSandra L. DeSobe, Harris County; Waymon Ray Hinson, Taylor County;

B. W. McClendon, Travis County.

Members, Board of Pardons and Paroles:iiDaniel R. "Dan" Guerra, Randall

County; Lynn Phelan, Harris County; Brendolyn Rogers-Johnson, Dallas County;

Charles C. "Chuck" Speier, Bexar County.

Members, Trinity River Authority of Texas Board of Directors:iiConnie Harris

Arnold, Liberty County; Patricia "Patti" Clapp, Dallas County; Steve Cronin, San

Jacinto County; Nancy Elizabeth Lavinski, Anderson County; Nancy Adams

Perryman, Henderson County; Louis Edward Sturns, Tarrant County; Linda D.

Timmerman, Freestone County.

Members, Upper Guadalupe River Authority Board of Directors:iiMollie

Maresh, Kerr County; Ronnie J. Pace, Kerr County; Alonzo Lycurgus "Curg"

StarkeyiIII, Kerr County.

Member, Evergreen Underground Water Conservation District Board of

Directors:iiDarrell Travis Brownlow, Wilson County.

Members, Guadalupe-Blanco River Authority Board of Directors:iiJack R. Gary,

Hays County; Myrna Patterson McLeroy, Gonzales County; Frank J. Pagel, Refugio

County.

Members, Lavaca-Navidad River Authority Board of Directors:iiBasilio R.

Jimenez, Jackson County; John J. Shutt, Jackson County.

Members, Nueces River Authority Board of Directors:iiJoe M. Cantu, Bandera

County; William I. Dillard, Uvalde County; Robert M. "Bobby" Dullnig, Bexar

County; Eduardo L. "Eddie" Garcia, Nueces County; Dan S. Leyendecker, Nueces

County; Patty Puig Mueller, Nueces County; Scott James Petty, Medina County.

Members, Board of Pilot Commissioners for the Sabine Bar, Pass, and

Tributaries:iiGeorge W. Brown III, Jefferson County; Johnny Casmore, Jr., Jefferson

County; Andrew W. Dunn, Orange County; William F. Scott, Jefferson County; Kevin

Michael Williams, Orange County.

Member, San Antonio River Authority Board of Directors:iiGaylon J. Oehlke,

Karnes County.


SENATE RESOLUTION 685

Senator Carona offered the following resolution:

WHEREAS, For more than five decades, Bob Banner has helped to crafttelevision programs that have become reference points in the landscape of Americanpopular culture; and

WHEREAS, A native of Ennis, Mr. Banner began his career in 1948 as the floormanager on "Kukla, Fran and Ollie," while he was also pursuing a doctoral degree atNorthwestern University; since that time, he has produced some of the nation ’s mostmemorable television series and events and has won respect and admiration for hisvision, his dedication, and the outstanding quality of his work; and

WHEREAS, The founder of Bob Banner Associates, the oldest independenttelevision production company in the country, Mr. Banner has produced suchrenowned series as "The Dinah Shore Chevy Show," "The Garry Moore Show,""Candid Camera," "The Carol Burnett Show," "Solid Gold," and "Star Search," aswell as the more recent, acclaimed children ’s series, "Real Kids, Real Adventures";his work also encompasses numerous specials with the likes of Frank Sinatra, GingerRogers, Julie Andrews, Peggy Fleming, and Perry Como, along with 12 televisionmovies and two stage productions–My Sweet Charlie, with Bonnie Bedelia and LouisGossett, Jr., and a touring show about the artist Grandma Moses, starring ClorisLeachman; and

WHEREAS, Mr. Banner has shared his extensive knowledge and experiencewith the next generation of industry leaders through academic appointments atNorthwestern University, where he taught production, and Southern MethodistUniversity, where he has taught screenwriting and directing; in addition, he hasdeveloped a distance-learning course to teach screenwriting to students around theworld, via the Internet from his Dallas home; and

WHEREAS, This entertainment giant has won a host of accolades for hisachievements, including nine Emmy Awards, eight Christopher Awards, five PeabodyAwards, and five Awards of Excellence; and

WHEREAS, Over the course of the past half century, several generations ofAmericans have tuned in to television programs that bear Mr. Banner ’s indeliblestamp, and his outstanding body of work has immeasurably enriched the world ofAmerican entertainment; now, therefore, be it

RESOLVED, That the Senate of the 78th Texas Legislature hereby commendBob Banner on his outstanding career in television and extend to him sincere bestwishes for continued success and happiness; and, be it further

RESOLVED, That an official copy of this resolution be prepared for Mr. Banneras an expression of high regard by the Texas Senate.

The resolution was read and was adopted without objection.

GUESTS PRESENTED

Senator Carona was recognized and introduced to the Senate Bob Banner; hiswife, Alice; and his niece, Susan Bailey.



GUESTS PRESENTED

Senator Hinojosa was recognized and introduced to the Senate students from

Moody High School in Corpus Christi, accompanied by their teacher.


MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 7, 2003

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

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

following action:

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HB 249, Relating to the returned check fee collected by a county clerk.

HB 469, Relating to the placement in a juvenile justice alternative education program

of certain students with disabilities.

HB 494, Relating to security fees in certain civil and criminal cases.

HB 532, Relating to creating the offense of improper sexual relations between

employees of a public or private primary or secondary school and certain students.

HB 573, Relating to the Texas Legislative Medal of Honor and other state military

awards.

HB 577, Relating to the service area of the Weatherford College District.

HB 599, Relating to the continuation and functions of the State Bar of Texas.

HB 638, Relating to emissions reductions incentives and the emissions reductions

incentives account.

HB 722, Relating to the powers of the commissioners court in certain counties that

have no incorporated municipality.

HB 749, Relating to the issuance of Air Force Association license plates.

HB 820, Relating to the eligibility of certain appellate judges to retire with full

benefits.

HB 875, Relating to peace officers commissioned by the State Board of Dental

Examiners.

HB 924, Relating to extending the boundaries of the Galveston County Navigation

District No. 1.


HB 942, Relating to certain bond requirements for persons engaged in certainactivities under the jurisdiction of the Railroad Commission of Texas other than theownership or operation of wells.

HB 943, Relating to vehicles eligible for conservation license plates supporting theTexas Parks and Wildlife Department.

HB 1036, Relating to the confidentiality of certain reports of criminal activity and toimmunity from civil liability for certain persons making or receiving those reports.

HB 1087, Relating to longevity pay for county jailers employed by certain sheriff ’sdepartments.

HB 1129, Relating to enforcement of certain types of restrictions in certainmunicipalities.

HB 1338, Relating to the amount of homeowners insurance or other residentialproperty insurance required in connection with certain financing arrangements.

HB 1387, Relating to the regulation of on-premise signs in certain counties.

HB 1422, Relating to a lost, stolen, or destroyed motor vehicle inspection certificate.

HB 1460, Relating to the appraisal of real property for ad valorem tax purposes.

HB 1538, Relating to the continuation and functions of the Texas Funeral ServiceCommission, including certain functions transferred to the commission from theTexas Department of Health, and the powers and duties of the Texas FinanceCommission and the banking commissioner of Texas regarding cemeteries; providingadministrative and civil penalties.

HB 1583, Relating to the regulation of political contributions to certain judicialcandidates.

HB 1594, Relating to requirements for emergency response plans relating to pipelinesafety.

HB 1619, Relating to tuition payments by certain school districts.

HB 1622, Relating to special license plates for passenger cars and light trucks ownedby or used for the transportation of veterans with disabilities.

HB 1633, Relating to donation of certain surplus school district property to preservethe property.

HB 1653, Relating to approval of the construction of a bridge over the Rio Grande.

HB 1702, Relating to the sale and subsequent lease of property by certain counties.

HB 1730, Relating to the leasing and contracting powers of a port authority ornavigation district.

HB 1733, Relating to certain records kept by persons who weigh cargo transported bycommercial motor vehicles.

HB 1765, Relating to requiring financial assurance as a condition of issuing a permitor registration to haulers of certain solid wastes.

HB 1773, Relating to municipal requirements for junked vehicles.


HB 1797, Relating to group and blanket accident and health insurance.

HB 1798, Relating to health maintenance organizations.

HB 1799, Relating to group life insurance.

HB 1800, Relating to health maintenance organizations.

HB 1838, Relating to the prosecution of the offense of insurance fraud; providing apenalty.

HB 1873, Relating to the placement of signs on certain public rights-of-way.

HB 1875, Relating to the water infrastructure fund, rural water assistance fund, ruralcommunity water and wastewater loan fund, and colonia self-help account.

HB 1945, Relating to certain fees collected by clerks of county courts and statutorycounty courts.

HB 2029, Relating to the powers and duties of the Hamilton County Hospital Districtwith respect to the issuance of bonds.

HB 2044, Relating to the powers and duties of the General Land Office and theaccounting and disposition of state-owned real property.

HB 2063, Relating to the employees affected by certain county grievance procedures.

HB 2076, Relating to the hotel occupancy tax imposed by certain counties.

HB 2085, Relating to the availability of bilingual clerks for an election.

HB 2129, Relating to the issuance of Space Shuttle Columbia license plates to benefitthe Aviation and Space Foundation of Texas.

HB 2147, Relating to the filing of a late application for a residence homesteadexemption from ad valorem taxation.

HB 2242, Relating to notice sent by a local government after a mandatory pre-bidconference.

HB 2252, Relating to exemptions for certain individuals from cost recovery actionsand liens placed on homesteads by the Texas Commission on Environmental Quality.

HB 2299, Relating to the issuance of Texas Juneteenth special license plates.

HB 2313, Relating to the issuance of obligations for public improvements.

HB 2377, Relating to the transfer of property under the jurisdiction of the TexasDepartment of Transportation.

HB 2386, Relating to the authority of certain municipalities or counties to impose afacility use tax to finance venue projects.

HB 2414, Relating to an exemption from the sales tax for nonvehicular fuel cells.

HB 2453, Relating to the definition of a hospital district management contractor.

HB 2472, Relating to the issuance of Knights of Columbus license plates.

HB 2493, Relating to consideration of a bidder ’s principal place of business inawarding certain municipal and school district contracts.


HB 2500, Relating to the enforcement of fares imposed for the use of certain publictransportation systems; providing penalties.

HB 2582, Relating to the development and implementation of a Texas music compactdisc project by the Texas Commission on the Arts.

HB 2588, Relating to certain fees and costs that may be collected and to certainattorney ’s fees and costs that may be imposed in relation to certain child supportmatters.

HB 2609, Relating to the establishment of mental health court programs.

HB 2662, Relating to the authority of a municipality to sell a water or sewer systemwithout an election.

HB 2678, Relating to authorization for a payroll deduction to be made from a countyemployee ’s wages or salary.HB 2679, Relating to the authority of a guardian of the person of a ward to transportthe ward to an inpatient mental health facility and file for emergency detention undercertain circumstances and to consent to the administration of certain medication.

HB 2692, Relating to a pilot program to promote and facilitate the operation ofdiabetes groups.

HB 2701, Relating to the provision of fire prevention and safety education.

HB 2764, Relating to the authority of certain municipal hospital authorities to borrowmoney.

HB 2765, Relating to the purchase of certain wireless communication devices by stateagencies.

HB 2785, Relating to the promotion of the shrimp industry of this state; and providinga source of funding.

HB 2799, Relating to the application of the Uniform Municipal Courts of Record Act.

HB 2829, Relating to supplemental pay for certain Department of Public Safetyofficers who are proficient in a second language.

HB 2905, Relating to the granting of variances to certain requirements concerningspecific information logo signs, major agricultural interest signs, and major shoppingarea guide signs.

HB 2924, Relating to the addition of territory to a public improvement district.

HB 2937, Relating to the creation of the office of criminal district attorney of GraysonCounty and to the abolition of the office of county attorney of Grayson County.

HB 2952, Relating to the authority of a joint county and municipal hospital to borrowmoney.

HB 2961, Relating to the use of municipal hotel occupancy taxes by certainmunicipalities.

HB 2971, Relating to certain license plates issued by the Texas Department ofTransportation.


HB 3028, Relating to certain purchasing contracts of certain navigation districts andport authorities.

HB 3030, Relating to notice of groundwater contamination that may affect a drinkingwater well.

HB 3070, Relating to reimbursement for expenses incurred by jurors.

HB 3102, Relating to the fiscal year of the Maverick County Hospital District.

HB 3109, Relating to physician and health care provider panels of independentreview organizations.

HB 3174, Relating to the requirement to submit a health certificate to obtain a licenseto practice cosmetology.

HB 3191, Relating to the issuance of special license plates benefiting Los Compadresde San Antonio Missions National Historical Park.

HB 3193, Relating to the delegation of certain acts by dentists.

HB 3214, Relating to the fees of office payable to directors of certain general andspecial law districts.

HB 3237, Relating to the payment of retirement benefits to retirees of the TeacherRetirement System of Texas who are employed as substitute teachers and in otherpublic school positions in the same month.

HB 3304, Relating to the appointment and duties of a judicial master in the 229thJudicial District.

HB 3322, Relating to the creation of an appellate judicial system for the EleventhCourt of Appeals District.

HB 3371, Relating to hospital and medical care required to be provided by theMaverick County Hospital District.

HB 3384, Relating to associate judges appointed by certain district courts in DallasCounty.

HB 3460, Relating to regulation of the practice of cosmetology.

HB 3468, Relating to the irrigation of agricultural land on prison property.

HB 3491, Relating to use of certain 9-1-1 fees and surcharges in certain counties.

HB 3503, Relating to exculpatory clauses in trusts.

HB 3520, Relating to the composition of a bail bond board.

HB 3555, Relating to the creation of the Harris County Road Improvement DistrictNo. 2; providing authority to impose a tax and issue bonds.

HB 3559, Relating to the creation, administration, powers, duties, operation, andfinancing of the Williamson County Municipal Utility District No. 13.

HB 3560, Relating to the creation, administration, powers, duties, operation, andfinancing of the Williamson County Municipal Utility District No. 12.


HB 3561, Relating to public works contracts of the Angleton-Danbury HospitalDistrict.

HB 3563, Relating to the creation of the Waller County Road Improvement DistrictNo. 1; providing authority to impose a tax and issue bonds.

HB 3564, Relating to the creation of the Montgomery County Road ImprovementDistrict No. 1; providing authority to impose a tax and issue bonds.

HB 3592, Relating to the creation of the Downtown Midland Management District;providing authority to impose taxes and issue bonds.

HB 3603, Relating to the appointment or election of judges of municipal courts ofrecord in the City of Bedford.

HCR 5, In memory of Cordelia Maxine Knight of Paris.

HCR 6, Honoring the life of P. A. Thomas, Jr., of Titus County.

HCR 156,Memorializing congress to enact the Citizenship For America ’s Troops Actto allow citizenship through service in the U.S. Armed Forces.

HJR 85, Proposing a constitutional amendment to allow wineries in this state tomanufacture, sell, and dispense certain wine.

SB 83, Relating to pledges of allegiance to the United States and Texas flags and toobservance of one minute of silence in public schools.(Amended)

SB 249, Relating to the use of the Galveston-Port Bolivar ferry operated by the TexasDepartment of Transportation.(Amended)

SB 271, Relating to the regulation of riding stables.

SB 408, Relating to the punishment for the offense of terroristic threat.(Amended)

SB 437, Relating to the service area of the North Harris Montgomery CommunityCollege District.

SB 441, Relating to the transportation by motor vehicle of persons within theboundaries of certain airports; providing criminal penalties.

SB 1237, Relating to license fees for certain nursing and convalescent homes.(Committee Substitute)

HCR 10, Honoring the wrestling team of St. Mark ’s School of Texas in Dallas on its500th dual meet win.

HCR 103, Memorializing the United States government to improve the enforcementof food import restrictions on seafood imports.

HCR 224, Congratulating Sam Caldwell on his selection as Texas State Artist for2004 in the two-dimensional category.

HCR 225, Honoring Ray Benson of Austin as the 2004 Texas State Musician.


HCR 226, Honoring Cleatus Rattan of Cisco for being named the Texas Poet

Laureate for 2004.

HCR 227, Congratulating James Dick of Round Top on his selection as Texas State

Musician for 2003.

HCR 228, Honoring Dixie Friend Gay on the occasion of her selection as Texas State

Artist for 2003 in the three-dimensional category.

HCR 229, Honoring David Hickman of Dallas, Texas State Artist for 2004 in the

three-dimensional category.

HCR 230, Honoring Ralph White of Austin, Texas State Artist for 2003 in the

two-dimensional category.

HCR 232, Honoring 2003 Texas Poet Laureate Jack Myers of Mesquite.

SB 1588, Relating to exempting college savings plan accounts from attachment,

execution, and seizure for the satisfaction of debts.

THE HOUSE HAS CONCURRED IN SENATE AMENDMENTS TO THE

FOLLOWING MEASURES:

HB 660, (non-record vote)



THE HOUSE HAS REFUSED TO CONCUR IN SENATE AMENDMENTS TO

THE FOLLOWING MEASURES AND REQUESTS THE APPOINTMENT OF A

CONFERENCE COMMITTEE TO ADJUST THE DIFFERENCES BETWEEN

THE TWO HOUSES:

HB 1365,

House Conferees:Bonnen - Chair/Capelo/Chisum/McCall/Wilson/

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

CONCLUSION OF MORNING CALL

The President at 11:24 a.m. announced the conclusion of morning call.

COMMITTEEiiSUBSTITUTE

SENATE BILL 929 ON SECOND READING

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

consideration CSSBi929 at this time on its second reading:

CSSB 929, Relating to regional education service centers.


The motion prevailed by the following vote:iiYeasi22, Naysi8.

Yeas:iiArmbrister, Averitt, Bivins, Carona, Deuell, Duncan, Ellis, Estes, Fraser,Harris, Jackson, Janek, Lindsay, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples,VanideiPutte, Whitmire, Williams.

Nays:iiBarrientos, Gallegos, Hinojosa, Lucio, Madla, Wentworth, West,Zaffirini.


The bill was read second time.

Senator Duncan offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 929 by deleting SECTION 4 (page 1, line 42 through page 2, line14) and inserting the following new SECTION 4:

SECTION 4.iiSection 8.121, Education Code, is amended to read as follows:Sec. 8.121.iiSTATE FUNDING [FOR CORE SERVICES AND SERVICES TO

IMPROVE PERFORMANCE].ii(a)iiExcept as provided by Subsection (b), regionaleducation service centers receive state financial support for services provided underSection 8.051 from money appropriated for the Foundation School Program. Thecommissioner shall distribute money to each regional education service center forbasic costs of providing those services according to an annual allotment set by thecommissioner based on:

(1)iithe minimum amount of money necessary for the operation of a center;(2)iian additional amount of money that reflects the size and number of

campuses served by the center under Section 8.051; and(3)iian additional amount of money that reflects the impact of the

geographic size of a center ’s service area on the cost of providing services underSection 8.051.

(b)iiAny money appropriated by the legislature for services provided by regionaleducation service centers or other providers, including federal funds subject toappropriation by the legislature, must be distributed directly to any school district thathas an average daily attendance of 35,000 students or more for use by the district inobtaining the services from centers or other providers. The commissioner shalldetermine the method by which money appropriated under this section is distributed.A school district that has an average daily attendance of 35,000 students or more mayauthorize the commissioner to distribute directly to a regional education service centerthe amount of funds that would otherwise be distributed to the district in accordancewith this Subsection. The district may rescind its authorization at any time, and thecommissioner shall promptly resume distributing funds directly to the district. [Eachregional education service center shall use money distributed to it under this sectionfor the provision of core services required under Section 8.051 or for payment ofnecessary administrative and operational expenses of the center related to theprovision of those services.]

The floor amendment was read.

On motion of Senator Duncan, Floor Amendment No.i1 was withdrawn.




Amend CSSB 929 by deleting SECTIONS 2 and 4 (page 1, line 11 through page

2, line 14).

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

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

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

CSSB 929 as amended was passed to engrossment by a viva voce vote.


SENATE BILL 929 ON THIRD READING

Senator Shapiro moved that Senate Rule 7.18 and the Constitutional Rule

requiring bills to be read on three several days be suspended and that CSSBi929 be

placed on its third reading and final passage.



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

HOUSE CONCURRENT RESOLUTION 224

The President laid before the Senate the following resolution:

WHEREAS, The Texas Poet Laureate, State Musician, and State Artist

Committee has selected Sam Caldwell of Houston as Texas State Artist for 2004 in

the two-dimensional category; and

WHEREAS, Mr. Caldwell has earned wide recognition for his works in

transparent watercolor that depict coastal scenes of waterfowl and gamefish as well as

for his more recent paintings of young hunters and fishers; and

WHEREAS, His work is regularly featured in the Texas Parks and Wildlife

Annual Regulation Booklet and was selected for the agency ’s Operation Game Thief

posters in 1993, 1994, and 1995; in addition, prints of his paintings have been used as

fund-raisers for the American Red Cross and Sea Center Texas; and

WHEREAS, An advocate for the preservation of our wildlife and coast, Mr.

Caldwell is also a co-author of the book Change of Tides, A Narrative History of the

Gulf Coast Conservation Association; and

WHEREAS, Through his exceptional contributions to his chosen field of artistic

endeavor, Sam Caldwell has earned deep appreciation and esteem and further

enriched the vibrant cultural life of the Lone Star State; now, therefore, be it

RESOLVED, That the 78th Legislature of the State of Texas hereby honor Sam

Caldwell on the occasion of his selection as Texas State Artist for 2004 in the

two-dimensional category; and, be it further


RESOLVED, That an official copy of this resolution be prepared for

Mr.iCaldwell as an expression of high regard by the Texas House of Representatives

and Senate.

BARRIENTOS

The resolution was read.




Committee has selected Ray Benson of Austin as Texas State Musician for 2004; and

WHEREAS, Mr. Benson is the founder, lead singer, and guitarist of the Grammy

Award-winning band, Asleep at the Wheel; based in Austin, Mr. Benson and this

talented group of musicians have consistently entertained audiences with their unique

western swing sound for more than 30 years, garnering worldwide acclaim as well as

a multitude of devoted fans; and


endeavor, Mr. Benson has earned deep appreciation and esteem and further enriched

the vibrant cultural life of the Lone Star State; now, therefore, be it

RESOLVED, That the 78th Legislature of the State of Texas hereby honor Ray

Benson on the occasion of his selection as Texas State Musician for 2004; and, be it

further

RESOLVED, That an official copy of this resolution be prepared for Mr. Benson

as an expression of high regard by the Texas House of Representatives and Senate.

BARRIENTOS





Committee has selected Cleatus Rattan of Cisco as Texas Poet Laureate for 2004; and

WHEREAS, A native of Dallas, Dr. Rattan attended Southern Methodist

University before joining the United States Marine Corps, then earned bachelor ’s andmaster ’s degrees from the University of North Texas, a master ’s degree from

Hardin-Simmons University, and a master ’s degree from Southern Methodist

University; he also received a doctorate in English from Texas A&M

University–Commerce; and

WHEREAS, He was an English instructor from 1969 to 2002 at Cisco Junior

College, where he also chaired the department of English and the division of

languages and communication; he formerly was poetry editor at Cross Timbers

Review and, today, his schedule includes operating a ranch in Cisco and serving as an

advisory board member of the Texas Center for Writers; and


WHEREAS, Dr. Rattan is the author of The Border, Free of the Flesh and Other

Poems, and 130 Miles to Dallas, as well as more than 250 poems that have been

published in journals and anthologies; he has written short stories, monographs,

reviews, critical papers, and an essay, The Hero, and has given readings of his works

at a number of universities over the last 25 years; and

WHEREAS, Tributes to this accomplished writer have come in the form of a

Texas Review Poetry Prize in 2002 and 1982, a New Texas Poetry Prize in 2002, and

a Mesquite Poetry Prize in 1996, and in 1992 he was honored as an Outstanding

Graduate of Irving High School; and

WHEREAS, Dr. Rattan ’s poems plumb universal truths as they precisely and

lovingly evoke the people and landscapes of his cherished West Texas; infused with

warmth, humor, and humanity, his verses give the reader a feeling, as one critic

suggested, of the way life ought to be; and


endeavor, Cleatus Rattan has earned deep appreciation and esteem and further

enriched the vibrant cultural life of the Lone Star State; now, therefore, be it

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

Cleatus Rattan on the occasion of his selection as Texas Poet Laureate for 2004; and,

be it further

RESOLVED, That an official copy of this resolution be prepared for Dr. Rattan

as an expression of high regard by the Texas House of Representatives and Senate.

BARRIENTOS





Committee has selected James Dick of Round Top as Texas State Musician for 2003;

and

WHEREAS, A top prizewinner in the Tchaikovsky, Busoni, and Leventritt

International Competitions, Mr. Dick is one of the world ’s most gifted concert

pianists; during his remarkable career he has performed at New York ’s Carnegie Halland Alice Tully Hall, London ’s Queen Elizabeth Hall, and the Kennedy Center and

National Gallery of Art in Washington, D.C., gracing the stage with major orchestras,

conductors, and other stellar artists; and

WHEREAS, This renowned performer is a fervent supporter of new music and

has commissioned and premiered works from some of today ’s most talented

composers; he also maintains a deep commitment to music education, which is

reflected in his creation of the International Festival Institute at Round Top, a project

that welcomes young artists seeking to develop their musical skills; and

WHEREAS, In recognition of his singular achievements, he was elected an

Honorary Associate of London ’s Royal Academy of Music, and in 1994 he was

named a Chevalier des Arts et des Lettres by the French minister of culture; and


WHEREAS, Through his exceptional contributions to his chosen field of artisticendeavor, James Dick has earned deep appreciation and esteem and further enrichedthe vibrant cultural life of the Lone Star State; now, therefore, be it

RESOLVED, That the 78th Legislature of the State of Texas hereby honor JamesDick on his selection as Texas State Musician for 2003; and, be it further

RESOLVED, That an official copy of this resolution be prepared for Mr. Dick asan expression of high regard by the Texas House of Representatives and Senate.

BARRIENTOS




WHEREAS, The Texas Poet Laureate, State Musician, and State ArtistCommittee has selected Dixie Friend Gay as Texas State Artist for 2003 in thethree-dimensional category; and

WHEREAS, For more than 20 years, Ms. Gay has shared her inspired works ofcreative genius with the public, applying her talent to several mediums, includingacrylic painting, drawing, and mixed media sculpture; drawing upon her upbringing inrural Oklahoma, Ms. Gay has created works that ponder the connection betweennature and artifacts, the role of myth and ideas of contemporary spirituality, and therelationship between transition, transformation, and erosion; and

WHEREAS, Known throughout the United States for her powerful, passionate,and provocative work, Ms. Gay ’s art has been featured in galleries and museums insuch national art meccas as New York, Boston, and Santa Fe; and

WHEREAS, This exceptional artist has made a home in Houston, where she hasserved as artist consultant for the development of a new city park and completed anaward-winning Byzantine glass mosaic mural with five columns and a terrazzo floordesign, entitled Houston Bayou, at the George Bush Intercontinental Airport; and

WHEREAS, Through her exceptional contributions to her chosen fields ofartistic endeavor, Dixie Friend Gay has earned deep appreciation and esteem andfurther enriched the vibrant cultural life of the Lone Star State; now, therefore, be it

RESOLVED, That the 78th Legislature of the State of Texas hereby honor DixieFriend Gay on the occasion of her selection as Texas State Artist for 2003 in thethree-dimensional category; and, be it further

RESOLVED, That an official copy of this resolution be prepared for Ms. Gay asan expression of high regard by the Texas House of Representatives and Senate.

BARRIENTOS




WHEREAS, The Texas Poet Laureate, State Musician, and State ArtistCommittee has selected David Hickman of Dallas as Texas State Artist for 2004 in thethree-dimensional category; and


WHEREAS, A native of Gainesville, this distinguished Texan attended Cooke

County Junior College and The University of Texas at Arlington; he studied with

sculptor Octavio Medellin and assisted on several large-scale commissions between

1975 and 1980; today Mr. Hickman is recognized as a sculptor of uncommon

versatility and breadth, creating and fabricating original designs of his own work as

well as designs for architects and designers in carved wood and stone, hammered

metals, and slumped glass, and his superb skills as a restoration expert have been

sought by the City of Dallas as well as numerous private clients over the years; and

WHEREAS, Mr. Hickman is an influential member of the North Texas arts

community, having taught classes for 10 years at the Creative Arts Center of Dallas

and having served on the board of directors at both the Texas Sculpture Association

and the Dallas Visual Arts Center; additionally, he has presided on juries for local art

shows held by the City of Dallas and the Dallas Business Committee for the Arts, and

he has worked with local art education programs and with the White Rock Lake

Artists ’Studio Tour for many years; andWHEREAS, With more than 50 exhibitions to his credit, this accomplished artist

has received numerous awards during his career, including the Dallas Visual Arts

Center Legend Award, the Dallas Business Committee for the Arts Obelisk Award,

and multiple best-in-show honors; in 1998, his work was recognized with that year ’sAIA Religious Art and Architecture Design Award, and two years earlier he was

honored by both the Texas Society of Architects and the Society of Environmental

Graphic Designers; and

WHEREAS, Through his exceptional contributions to Texas sculpture and

design, Mr. Hickman has earned the deep appreciation and esteem of peers and

clients alike and has truly enriched the vibrant cultural life of the Lone Star State;

now, therefore, be it

RESOLVED, That the 78th Legislature of the State of Texas hereby honor David

Hickman on the occasion of his selection as Texas State Artist for 2004 in the

three-dimensional category; and, be it further

RESOLVED, That an official copy of this resolution be prepared for

Mr.iHickman as an expression of high regard by the Texas Senate and House of

Representatives.

BARRIENTOS





Committee has selected Ralph White as Texas State Artist for 2003 in the

two-dimensional category; and

WHEREAS, Educated at the Minneapolis School of Art, the University of

Minnesota, and the Pratt Institute of New York, Mr. White is an artist with an

impressive record of service, accomplishment, and creativity; a test pilot and

instructor during World War II, his gouache and pen and ink works provide a realistic


representation of his stateside experiences during the war years, while his abstract oils

and acrylics from 40 years later illustrate his versatility and ability to convey a wide

range of emotions; and

WHEREAS, Coming to Austin and The University of Texas in 1946, Mr. White

became one of the youngest faculty members in the Department of Fine Arts, and by

the time he retired 36 years later and was named a professor emeritus by the

university, he had taught many of the next generation of outstanding Texas artists; and

WHEREAS, Ralph White ’s work, which has been exhibited in more than 100

shows and competitions worldwide, expresses his positive attitude, an exciting energy,

and a deep appreciation of beauty; and

WHEREAS, Through his exceptional contributions to his chosen field,

Mr.iWhite has earned the deepest appreciation and esteem of his admirers, students,

and fellow artists, and he has further enriched the vibrant cultural life of the Lone Star

State; now, therefore, be it

RESOLVED, That the 78th Legislature of the State of Texas hereby honor Ralph

White on the occasion of his selection as Texas State Artist for 2003 in the

two-dimensional category; and, be it further

RESOLVED, That an official copy of this resolution be prepared for Mr. White

as an expression of highest regard by the Texas House of Representatives and Senate.

BARRIENTOS





Committee has selected Jack Myers as Texas Poet Laureate for 2003; and

WHEREAS, A resident of Mesquite, Mr. Myers is a professor of English at

Southern Methodist University and is the director of the school ’s creative writing

program; and

WHEREAS, This noted poet and editor graduated magna cum laude with a

bachelor ’s degree in English literature from the University of Massachusetts and

earned a master of fine arts degree in poetry writing from the University of Iowa;

since 1997 he has served as poetry editor of ¡Tex! and he previously held similar

positions with Cimarron Review and Fiction International; andWHEREAS, Mr. Myers ’s work has been published in Best Texas Poetry 1, Best

Texas Poetry 2, Texas in Poetry: A 150 Year Anthology, and The Texas PoetryAnthology; his books include the forthcoming Dictionary of Poetic Terms, The Poet ’sPortable Workshop, and The Glowing River: New & Selected Poems, for which he

received the Violet Crown Award for Best Literary Book of 2001 from the Writers ’League of Texas; and

WHEREAS, Noted for their "deceptively plain-speaking style," his poems have

been described as a "spiritual journey," one that fuses "passion and sorrow, humor and

kindness" while observing, questioning, and meditating upon the content and

emotions of modern life; and


WHEREAS, Through his exceptional contributions to his chosen field of artisticendeavor, Jack Myers has earned deep appreciation and esteem and further enrichedthe vibrant culture of the Lone Star State; now, therefore, be it

RESOLVED, That the 78th Legislature of the State of Texas hereby honor JackMyers on the occasion of his selection as Texas Poet Laureate for 2003; and, be itfurther

RESOLVED, That an official copy of this resolution be prepared for Mr. Myersas an expression of high regard by the Texas House of Representatives and Senate.

BARRIENTOS


On motion of Senator Barrientos, HCRi224, HCRi225, HCRi226, HCRi227,HCRi228, HCRi229, HCRi230, and HCRi232 were considered immediately andwere adopted without objection.

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate Sam Caldwell ofHouston, Ray Benson of Austin, Cleatus Rattan of Cisco, James Dick of Round Top,Dixie Friend Gay of Houston, David Hickman of Dallas, Ralph White of Austin, andJack Myers of Mesquite, selected as Texas State Artists, Musicians, and PoetsLaureate for 2003 and 2004.


BILLS SIGNED

The President announced the signing of the following enrolled bills in thepresence of the Senate after the captions had been read:

SBi347, SBi360, SBi564, SBi567, SBi667, SBi821, SBi828, SBi855, SBi948,SBi959, SBi982, SBi988, SBi1013, SBi1024, SBi1060, SBi1094, SBi1183, SBi1400,SBi1454, SBi1594, SBi1635, HBi242, HBi858, HBi1065.

(Senator Carona in Chair)

COMMITTEEiiSUBSTITUTEHOUSE BILL 1567 ON SECOND READING

Senator Bivins moved to suspend the regular order of business to take up forconsideration CSHBi1567 at this time on its second reading:

CSHB 1567, Relating to the disposal of low-level radioactive waste; authorizingthe exercise of the power of eminent domain.


Yeas:iiArmbrister, Averitt, Bivins, Carona, Deuell, Duncan, Ellis, Estes, Fraser,Harris, Jackson, Janek, Lindsay, Nelson, Ogden, Ratliff, Shapiro, Staples,VanideiPutte, Wentworth, West, Whitmire, Williams.

Nays:iiBarrientos, Gallegos, Hinojosa, Lucio, Madla, Shapleigh, Zaffirini.




Senator Jackson offered the following amendment to the bill:


Amend CSHBi1567 in SECTION 10 of the bill, in proposed Section 401.2445,

Health and Safety Code (committee printing page 14, line 30), by striking "state

general revenue fund" and substituting "Texas emissions reduction plan fund".


On motion of Senator Jackson, Floor Amendment No.i1 was withdrawn.

Senator Ellis offered the following amendment to the bill:


Amend CSHBi1567 in SECTION 7 of the bill, in proposed Section 401.216(d),

Health and Safety Code (committee printing page 6, line 41), by striking "is ready"

and substituting "begins".

The floor amendment was read and failed of adoption by the following

vote:iiYeasi10, Naysi20.

Yeas:iiBarrientos, Duncan, Ellis, Gallegos, Hinojosa, Lucio, Madla, Shapleigh,

VanideiPutte, Zaffirini.

Nays:iiArmbrister, Averitt, Bivins, Carona, Deuell, Estes, Fraser, Harris, Jackson,

Janek, Lindsay, Nelson, Ogden, Ratliff, Shapiro, Staples, Wentworth, West, Whitmire,

Williams.


Senator Barrientos offered the following amendment to the bill:


Amend CSHBi1567 as follows:

(1)iiIn SECTION 7 of the bill, in proposed Section 401.218, Health and Safety

Code (committee printing page 6, line 63), strike "WASTE. (a) In" and substitute

"WASTE. In".

(2)iiIn SECTION 7 of the bill, strike proposed Sections 401.218(b) and (c),

Health and Safety Code (committee printing page 6, line 67 to page 7, line 15).

(3)iiIn SECTION 7 of the bill, strike proposed Section 401.219(b), Health and

Safety Code (committee printing page 7, lines 22 to 27), and substitute:

(b)iiBefore determining the techniques to be used for managing low-level

radioactive waste, an applicant shall study alternative techniques, including waste

processing and reduction at the site of waste generation and at the disposal facility.


Code (committee printing page 7, line 28), between "FACILITY." and "The", insert

"(a)".


Code (committee printing page 7, between lines 32 and 33), insert:

(b)iiThe license holder may not develop or operate a disposal facility unless:


(1)iiwaste is disposed of at the facility only in above-grade concrete vaults

with internal access designed to isolate the low-level radioactive waste from the

environment, from which the waste is easily retrievable; and

(2)iioperations at the facility include:

(A)iiindividual monitoring of each low-level radioactive waste structure

or building;

(B)iimonitoring of the ground beneath the disposal facility and the

perimeter of the facility for leakage; and

(C)iiactive inspection and preventive maintenance.




VanideiPutte, West, Zaffirini.


Janek, Lindsay, Nelson, Ogden, Ratliff, Shapiro, Staples, Wentworth, Whitmire,

Williams.


(President in Chair)




(1)iiExcept on page 2, line 47, and page 2, line 50, and except as provided in

items (3), (6), (11), (12), and (13) of this amendment, throughout the bill, strike

"department" and substitute "commission".

(2)iiThroughout the bill, strike "DEPARTMENT" and substitute

"COMMISSION".

(3)iiThroughout the bill, strike "department [commission]" and substitute

"commission".

(4)iiIn SECTION 2 of the bill, in amended Section 401.052(c), Health and Safety

Code (committee printing page 1, lines 46 and 47), strike "[and the commission]" and

substitute "and the commission".

(5)iiIn SECTION 7 of the bill, in amended Section 401.202(a), Health and Safety

Code (committee printing page 3, lines 55 and 56), strike "[commission or]

department may [, within its respective jurisdiction, shall]" and substitute

"commission or department, within its respective jurisdiction, may [shall]".

(6)iiIn SECTION 7 of the bill, in amended Section 401.223, Health and Safety

Code (committee printing page 7, line 46), strike "department" and substitute

"commission, the department,".

(7)iiIn SECTION 7 of the bill, in proposed Section 401.237(a), Health and

Safety Code (committee printing page 12, line 7), strike "department ’s" and substitute

"commission ’s".


(8)iiIn SECTION 7 of the bill, in proposed Section 401.237(c), Health andSafety Code (committee printing page 12, line 17), strike "commissioner" andsubstitute "executive director".

(9)iiIn SECTION 7 of the bill, in proposed Section 401.238, Health and SafetyCode (committee printing page 12, line 26), strike "department ’s" and substitute"commission ’s".

(10)iiIn SECTION 7 of the bill, in proposed Section 401.239(b), Health andSafety Code (committee printing page 12, line 41), strike "commissioner" andsubstitute "commission".

(11)iiIn SECTION 7 of the bill, in proposed Section 401.240(a), Health andSafety Code (committee printing page 12, lines 50 and 51), strike "commissioner orthe department" and substitute "commission".

(12)iiIn SECTION 7 of the bill, in proposed Section 401.240(b), Health andSafety Code (committee printing page 12, line 58), strike "commissioner or thedepartment" and substitute "commission".

(13)iiIn SECTION 7 of the bill, in proposed Section 401.240(b), Health andSafety Code (committee printing page 12, line 59), strike "commissioner ordepartment" and substitute "commission".

(14)iiIn SECTION 7 of the bill, in proposed Section 401.240(b)(2)(B), Healthand Safety Code (committee printing page 12, line 67), strike "department ’s" andsubstitute "commission ’s".

(15)iiIn SECTION 7 of the bill, in proposed Section 401.243, Health and SafetyCode (committee printing page 13, line 57), strike "department ’s" and substitute"commission ’s".

(16)iiIn SECTION 10 of the bill, in proposed Section 401.248(a), Health andSafety Code (committee printing page 14, line 59), strike "board" and substitute"commission [board]".

(17)iiIn SECTION 11 of the bill, in proposed Section 401.245(b), Health andSafety Code (committee printing page 15, line 44), strike "board" and substitute"commission [board]".

(18)iiIn SECTION 11 of the bill, in proposed Section 401.245(c) (committeeprinting page 15, line 50), strike "board" and substitute "commission [board]".

(19)iiIn SECTION 11 of the bill, in proposed Section 401.246(a), Health andSafety Code (committee printing page 15, line 62), strike "board" and substitute"commission [board]".

(20)iiStrike SECTION 25 of the bill (committee printing page 19, line 66,through page 20, line 9) and renumber subsequent sections accordingly.

The floor amendment was read and was adopted by the following vote:iiYeasi23,Naysi7.

Yeas:iiArmbrister, Averitt, Barrientos, Duncan, Ellis, Fraser, Gallegos, Harris,Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ratliff, Shapiro, Shapleigh,VanideiPutte, Wentworth, West, Williams, Zaffirini.

Nays:iiBivins, Carona, Deuell, Estes, Ogden, Staples, Whitmire.






(1)iiIn SECTION 7 of the bill, strike proposed Section 401.216(b), Health and

Safety Code (Senate committee printing page 6, lines 32-36), and reletter subsequent

subsections accordingly.

(2)iiIn SECTION 7 of the bill, after proposed Section 401.216, Health and Safety

Code (Senate committee printing page 6, between lines 42 and 43), insert the

following:

Sec.i401.2165.iiVOLUME LIMITS FOR FEDERAL FACILITY WASTE. (a)

In this section, "Class A low-level radioactive waste," "Class B low-level radioactive

waste," and "Class C low-level radioactive waste" have the meanings assigned by the

department by rule.

(b)iiThe department shall limit the overall capacity of the federal facility waste

disposal facility to not more than 1,333,333 cubic yards.

(c)iiThe combined volume of Class B low-level radioactive waste and Class C

low-level radioactive waste accepted at the federal facility waste disposal facility may

not exceed 5,000 cubic yards.

(d)iiThe volume of containerized Class A low-level radioactive waste accepted at

the federal facility waste disposal facility may not exceed 10,000 cubic yards.

(e)iiThe volume of uncontainerized Class A low-level radioactive waste accepted

at the federal facility waste disposal facility may not exceed 1,318,333 cubic yards.

(f)iiThe compact waste disposal facility license holder may request an

amendment to increase the overall capacity of the federal facility waste disposal

facility on or after the fifth anniversary of the date the license holder begins disposing

of federal facility waste. An amendment under this subsection may authorize only an

increase in the total volume of uncontainerized Class A low-level radioactive waste

that may be accepted at the federal facility waste disposal facility.

(g)iiThe department may authorize an increase under Subsection (f) if the total

volume of uncontainerized Class A low-level radioactive waste over the projected life

of the federal facility waste disposal facility will be 4,985,000 cubic yards or less.

(h)iiBefore authorizing an amendment under Subsection (f), the department shall:

(1)iiperform a needs assessment for expanding the overall capacity of

uncontainerized Class A low-level radioactive waste;

(2)iianalyze the waste characteristics of the additional uncontainerized Class

A low-level radioactive waste the amendment would permit;

(3)iiperform an impact assessment based on the proposed increase in

capacity, including the potential impact on compact waste accepted at the compact

waste disposal facility;

(4)iiexamine the compliance history of the compact waste disposal facility

license holder; and

(5)iihold a public hearing on the amendment.



Senator Shapleigh offered the following amendment to the amendment:


Amend Floor Amendment No. 5 to CSHBi1567 by striking the text of theamendment and substituting:

Amend CSHB 1567 as follows:(1)iiThroughout the bill, strike "facility or facilities" and substitute "facility".(2)iiExcept as provided in item (4) of this amendment, throughout the bill, strike

"or a federal facility waste disposal facility".(3)iiThroughout the bill, strike "or federal facility waste disposal facility".(4)iiThroughout the bill, strike "or a federal facility waste disposal facility

licensed under Section 401.216".(5)iiThroughout the bill, strike "or to the federal government".(6)iiIn SECTION 7 of the bill, in proposed Section 401.2005, Health and Safety

Code (committee printing page 3, lines 35-36), strike "and the federal facility wastedisposal facility, if applicable".

(7)iiIn SECTION 7 of the bill, in proposed Section 401.2005, Health and SafetyCode (committee printing page 3, lines 38-45), strike Subdivisions (4) and (5) andrenumber subsequent subdivisions accordingly.

(8)iiIn SECTION 7 of the bill, in proposed Section 401.202(c), Health andSafety Code (committee printing page 3, line 68), strike "Except as provided bySection 401.216, the" and substitute "The".

(9)iiIn SECTION 7 of the bill, in amended Section 401.205, Health and SafetyCode (committee printing page 4, line 26), strike "(a)".

(10)iiIn SECTION 7 of the bill, strike proposed Section 401.205(b), Health andSafety Code (committee printing page 4, lines 41-58).

(11)iiIn SECTION 7 of the bill, strike the last sentence of proposed Section401.2051(a), Health and Safety Code (committee printing page 4, lines 64-66).

(12)iiIn SECTION 7 of the bill, strike amended Section 401.207, Health andSafety Code (committee printing page 5, lines 11-24), and substitute:

Sec.i401.207.iiOUT-OF-STATE WASTE. The compact waste disposal facility[A] license holder may not accept low-level radioactive waste generated in anotherstate for [processing or] disposal under a license issued by the department[commission] unless the waste is:

(1)iiaccepted under a compact to which the state is a contracting party; or(2)ii[from a state having an operating low-level radioactive waste disposal

site at which that state is willing to accept low-level radioactive waste generated inthis state; or

[(3)]iigenerated from manufactured sources or devices originating in thisstate.

(13)iiIn SECTION 7 of the bill, in amended Section 401.211, Health and SafetyCode (committee printing page 5, line 53), strike "(a)".

(14)iiIn SECTION 7 of the bill, strike proposed Sections 401.211(b) and (c),Health and Safety Code (committee printing page 5, line 60, through page 6, line 1).

(15)iiIn SECTION 7 of the bill, strike proposed Section 401.216, Health andSafety Code (committee printing page 6, lines 25-42).



Code (committee printing page 6, lines 45 and 46), strike "or license the operation of a

federal facility waste disposal facility".


Safety Code (committee printing page 7, lines 35 and 36), strike "and includes federal

mixed waste".

(18)iiIn SECTION 7 of the bill, in proposed Section 401.231(9), Health and

Safety Code (committee printing page 9, line 32), strike "are" and substitute "is".

(19)iiIn SECTION 7 of the bill, in proposed Section 401.231(11), Health and

Safety Code (committee printing page 9, line 41), strike "are" and substitute "is".

(20)iiIn SECTION 7 of the bill, in proposed Section 401.242(b), Health and

Safety Code (committee printing page 13, line 46), strike "either".

(21)iiIn SECTION 7 of the bill, in proposed Section 401.242(b), Health and

Safety Code (committee printing page 13, lines 47 and 48), strike "or the federal

facility waste disposal facility".


Safety Code (committee printing page 14, lines 1-5), strike the colon and all of the

text following the colon before the period and substitute: "compact waste received at

the compact waste disposal facility".


Code (committee printing page 14, lines 31-35), strike the colon and all of the text

following the colon before the period and substitute: "compact waste received at the

compact waste disposal facility".

The amendment to the amendment was read and failed of adoption by the

following vote:iiYeasi11, Naysi19.


VanideiPutte, West, Zaffirini.


Janek, Lindsay, Nelson, Ogden, Ratliff, Shapiro, Staples, Wentworth, Whitmire,

Williams.


Question recurring on the adoption of Floor Amendment No.i5, the amendment

was adopted by the following vote:iiYeasi16, Naysi14.

Yeas:iiArmbrister, Averitt, Barrientos, Duncan, Ellis, Fraser, Gallegos, Hinojosa,

Lucio, Madla, Nelson, Ratliff, Shapleigh, VanideiPutte, Williams, Zaffirini.

Nays:iiBivins, Carona, Deuell, Estes, Harris, Jackson, Janek, Lindsay, Ogden,

Shapiro, Staples, Wentworth, West, Whitmire.



Senator Hinojosa offered the following amendment to the bill:


Amend CSHBi1567 as follows:(1)iiIn SECTION 7 of the bill, in proposed Section 401.205(b)(2), Health and

Safety Code (committee printing page 4, line 54), strike "and".(2)iiIn SECTION 7 of the bill, in proposed Section 401.205(b)(3), Health and

Safety Code (committee printing page 4, line 58), between "conveyed" and the period,insert:; and

(4)iibefore accepting federal facility waste, submit to the department awritten agreement, signed by an official of the federal government, stating that thefederal government will assume all required right, title, and interest in land andbuildings acquired under department rules under Section 401.204 for the disposal offederal facility waste, together with requisite rights of access to the land and buildings,in accordance with the federal Nuclear Waste Policy Act of 1982, Subtitle D (42U.S.C. Section 10171 et seq), as amended


Senator Shapleigh offered the following amendment to the bill:


Amend CSHBi1567 as follows:(1)iiIn SECTION 7 of the bill, strike proposed Section 401.241, Health and

Safety Code (committee printing page 13, lines 8-32), and substitute:Sec.i401.241.iiPOSTCLOSURE CONTINGENCY FEE AND BOND. (a) The

department annually shall collect from the compact waste disposal facility licenseholder a fee to be used to address and prevent unplanned events that pose a risk topublic health and safety that occur after the compact waste disposal facility has beenclosed and decommissioned.

(b)iiThe department by rule shall set the fee under Subsection (a) so that theaggregate amount of money in the low-level radioactive waste fund, including interestearned on the fees and payments from party states, will be $100 million on the 35thanniversary of the date the license is issued under this subchapter. To the extentpossible, the department shall ensure that annual fees collected under Subsection (a)are approximately equal.

(c)iiThe department shall deposit a fee collected under Subsection (a) to thecredit of the low-level radioactive waste fund.

(d)iiThe department shall require the license holder annually to post a bond toinsure against closure and decommissioning of the compact waste disposal facilitybefore the amount of money in the low-level radioactive waste fund reaches $100million. A bond under this subsection must be in an amount that, when combined withthe amount in the low-level radioactive waste fund, is $100 million.

Sec.i401.2415.iiLIABILITY INSURANCE. The department shall require thecompact waste disposal facility license holder to carry liability insurance.

(2)iiStrike SECTION 12 of the bill (committee printing page 16, line 46, throughpage 17, line 18) and insert the following:


SECTIONi12.iiSection 402.275, Health and Safety Code, is transferred toSubchapter F, Chapter 401, Health and Safety Code, renumbered as Section 401.249,and amended to read as follows:

Sec.i401.249i[402.275].iiLOW-LEVEL RADIOACTIVE WASTE FUND. (a)The low-level radioactive waste fund is a trust fund outside [in] the state treasury heldby the comptroller as trustee.

(b)iiThe low-level radioactive waste fund is an interest-bearing fund. Interestearned on money in the fund shall be deposited to the credit of the fund.

(c)iiThe low-level radioactive waste fund consists of:(1)iipostclosure contingency fees collected under Section 401.241; and(2)iimoney [Money received by the authority, including waste disposal fees,

planning and implementation fees, surcharges on planning and implementation fees,processing and packaging fees, civil penalties, payments made by a party state to alow-level radioactive waste compact entered into under Section 402.219(c), and otherreceipts] collected by the department [authority] under this chapter [shall be depositedto the credit of the low-level radioactive waste fund].

(d)iiMoney [Except as provided by Subsection (f), money] in the low-levelradioactive waste fund may be used only to address and prevent unplanned events thatpose a risk to public health and safety that may occur after decommissioning andclosure of the compact waste disposal facility [pay:

[(1)iioperating and maintenance costs of the authority;[(2)iifuture costs of decommissioning, closing, and postclosure maintenance

and surveillance of the disposal site;[(3)iilicensing fees and to provide security required by the commission;[(4)iimoney judgments rendered against the authority that are directed by a

court of this state to be paid from this fund;[(5)iiexpenses associated with implementation of the rangeland and wildlife

management plan;[(6)iifunds for local public projects under Subchapter I;[(7)iidebt service and necessary fees and charges, including insurance

premiums and similar costs, associated with the issuance and payment of bonds underSubchapter K; and

[(8)iiexpenses for any other purpose under this chapter].(e)iiSection 403.095, Government Code, does not apply to the low-level

radioactive waste fund. [A payment for debt service and related costs underSubsection (d)(7) has priority for payment from the low-level radioactive waste fundover a payment for another expense authorized by Subsection (d).]

(f)iiEvery six years beginning on the third even-numbered year after the date thelicense is issued under this subchapter, the department shall evaluate the low-levelradioactive waste fund to determine whether the fund will be adequate to accomplishthe objectives under Subsection (d). The department shall report the results of theevaluation to the governor, lieutenant governor, and speaker of the house ofrepresentatives on or before December 15 of the year in which the evaluation isconducted. [The authority may transfer money from the low-level radioactive wastefund to the radiation and perpetual care fund to make payments required by thecommission under Section 401.303.]




Yeas:iiBarrientos, Ellis, Gallegos, Hinojosa, Madla, Shapleigh, VanideiPutte,

West, Zaffirini.

Nays:iiArmbrister, Averitt, Bivins, Carona, Deuell, Duncan, Estes, Fraser, Harris,

Jackson, Janek, Lindsay, Lucio, Nelson, Ogden, Ratliff, Shapiro, Staples, Wentworth,

Whitmire, Williams.


Senator Madla offered the following amendment to the bill:



(1)iiIn SECTION 2 of the bill, in amended Section 401.052(b)(5), Health and

Safety Code (committee printing page 1, line 38), strike "and".

(2)iiIn SECTION 2 of the bill, in amended Section 401.052(b)(6), Health and

Safety Code (committee printing page 1, line 44), between "Commission" and the

period, insert the following:

;

(7)iiallow a shipper or a transporter to transport Class B low-level

radioactive waste and Class C low-level radioactive waste, as defined by the

department, through a municipality with a population of 50,000 or more only between

the hours of midnight and 5 a.m.; and

(8)iirequire that the compact waste disposal facility license holder ensure

that all first-responder units along the route by which the low-level radioactive waste

will be transported are trained and equipped to effectively prevent, contain, and clean

up accidents that may occur during the shipment of low-level radioactive waste



Yeas:iiBarrientos, Ellis, Estes, Gallegos, Hinojosa, Lucio, Madla, Nelson,

Shapiro, Shapleigh, Van de Putte, West, Zaffirini.

Nays:iiArmbrister, Averitt, Bivins, Carona, Deuell, Duncan, Fraser, Harris,

Jackson, Janek, Lindsay, Ogden, Ratliff, Staples, Wentworth, Whitmire, Williams.




Amend CSHBi1567 in SECTION 10 of the bill, in proposed Section 401.2445,

Health and Safety Code (committee printing page 14, line 30), by striking "state

general revenue fund" and substituting "Texas emissions reduction plan fund".


The floor amendment was read and failed of adoption by the followingvote:iiYeasi14, Naysi15.

Yeas:iiBarrientos, Duncan, Ellis, Gallegos, Harris, Hinojosa, Jackson, Janek,Lindsay, Madla, Nelson, Ogden, Shapiro, Staples.

Nays:iiArmbrister, Averitt, Bivins, Carona, Deuell, Estes, Fraser, Ratliff,Shapleigh, Van de Putte, Wentworth, West, Whitmire, Williams, Zaffirini.

Absent:iiLucio.


VOTE RECONSIDERED

On motion of Senator Wentworth and by unanimous consent, the vote by whichFloor Amendment No.i10 failed of adoption was reconsidered.

Question — Shall Floor Amendment No. 10 to CSHB 1567 be adopted?

Floor Amendment No.i10 was adopted by a viva voce vote.

Senator Wentworth offered the following amendment to the bill:


Amend CSHB 1567 as follows:(1)iiIn Sec. 401.2165(b), strike "1,333,333" and replace with "6,000,000";(2)iiIn Sec. 401.2165(e), strike "1,318,333" and replace with "5,985,000";(3)iiIn Sec. 401.2165, strike (f), (g) and (h).


On motion of Senator Wentworth, Floor Amendment No.i11 was withdrawn.

VOTE RECONSIDERED

Senator Ratliff moved to reconsider the vote by which Floor Amendment No.i5was adopted.


Yeas:iiArmbrister, Bivins, Carona, Deuell, Estes, Harris, Jackson, Janek,Lindsay, Lucio, Madla, Ogden, Ratliff, Shapiro, Staples, Wentworth, West, Whitmire,Williams, Zaffirini.

Nays:iiBarrientos, Duncan, Ellis, Fraser, Gallegos, Hinojosa, Nelson, Shapleigh,Van de Putte.

Absent:iiAveritt.


Question — Shall Floor Amendment No. 5 to CSHB 1567 be adopted?

Senator Wentworth offered the following amendment to the amendment:

Floor Amendment No. 5A

Amend Floor Amendment No. 5 to CSHB 1567 as follows:(1)iiIn Sec. 401.2165(b), strike "1,333,333" and replace with "6,000,000";(2)iiIn Sec. 401.2165(e), strike "1,318,333" and replace with "5,985,000";(3)iiIn Sec. 401.2165, strike (f), (g) and (h).


The amendment to the amendment was read and was adopted by the following


Yeas:iiArmbrister, Averitt, Bivins, Carona, Deuell, Estes, Harris, Jackson, Janek,

Lindsay, Ogden, Ratliff, Shapiro, Staples, Wentworth, West, Whitmire, Williams.

Nays:iiBarrientos, Duncan, Ellis, Fraser, Gallegos, Hinojosa, Lucio, Madla,

Nelson, Shapleigh, Van de Putte, Zaffirini.


Question recurring on the adoption of Floor Amendment No.i5 as amended, the

amendment as amended was again adopted by a viva voce vote.



Amend CSHB 1567 as follows:

On line 30, page 14 change "five" to "ten".

The floor amendment was read and failed of adoption by a viva voce vote.

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

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

CSHB 1567 as amended was passed to third reading by a viva voce vote.


HOUSE BILL 1567 ON THIRD READING

Senator Bivins moved that Senate Rule 7.18 and the Constitutional Rule

requiring bills to be read on three several days be suspended and that CSHBi1567 be

placed on its third reading and final passage.


Yeas:iiArmbrister, Averitt, Bivins, Carona, Deuell, Duncan, Ellis, Estes, Fraser,

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

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

Nays:iiBarrientos, Madla, Zaffirini.


The bill was read third time and was passed by the following vote:iiYeasi23,

Naysi7.

Yeas:iiArmbrister, Averitt, Bivins, Carona, Deuell, Ellis, Estes, Fraser, Harris,

Hinojosa, Jackson, Janek, Lindsay, Nelson, Ogden, Ratliff, Shapiro, Staples,

VanideiPutte, Wentworth, West, Whitmire, Williams.

Nays:iiBarrientos, Duncan, Gallegos, Lucio, Madla, Shapleigh, Zaffirini.



GUEST PRESENTED

Senator Barrientos was recognized and introduced to the Senate Mike Sheffield,President of the Austin Police Association.

The Senate welcomed its guest.

(Senator Whitmire in Chair)

COMMITTEEiiSUBSTITUTESENATE BILL 270 ON SECOND READING

Senator Jackson moved to suspend the regular order of business to take up forconsideration CSSBi270 at this time on its second reading:

CSSB 270, Relating to the continuation and functions of the Texas LotteryCommission.

The motion prevailed by a viva voce vote.




Amend CSSB 270 by inserting the following section:SECTIONi____.iiSection 2001.002, Occupations Code, is amended by

amending Subdivision (5) to read as follows:(5) "Bingo equipment" means equipment used, made, or sold for the

purpose of use in bingo. The term:(A)iiincludes:

(i)iia machine or other device from which balls or other items arewithdrawn to determine the letters and numbers or other symbols to be called;

(ii)iian electronic or mechanical cardminding device;(iii)iia pull-tab dispenser;(iv)iia bingo card, [and](v)iia bingo ball; and(vi)iiany other device commonly used in the direct operation of a

bingo game; and(B)iidoes not include:

(i)iia bingo game set commonly manufactured and sold as achild ’s game for a retail price of $20 or less unless the set or a part of the set is used inbingo subject to regulation under this chapter; or

(ii)iia commonly available component part of bingo equipmentsuch as a light bulb or[,] fuse[, or bingo ball].




Amend CSSB 270 as follows:On page 14, line 21 strike "licensing" and insert "license"On page 14, strike lines 55 and 56 and insert in lieu thereof the following:


(k)iiThis subsection and subsection (i)(1) expire September 1, 2006.




Amend CSSB 270 by striking SECTION 25 (page 8, lines 10-26) and inserting

the following:

SECTION 25.iiSubsection (a), Section 2001.152, Occupations Code, is amended

to read as follows:

(a)iiThe commission may issue a commercial lessor license only to:

(1)iia licensed authorized organization that owns or leases a premises where

bingo is or will be conducted or an association of licensed authorized organizations

that jointly own or lease premises where bingo is or will be conducted and that the

organization or association leases or offers for lease to one or more other authorized

organizations for the conduct of bingo;

(2)iia person who leases premises to a single licensed authorized

organization that subleases or will sublease the premises to one or more other licensed

authorized organizations for the conduct of bingo; or

(3)iia person who leases premises for the total control and exclusive use of

only one licensed authorized organization for the conduct of bingo as that

organization ’s primary business office.The floor amendment was read and was adopted by a viva voce vote.



Amend CSSB 270 (page 14, lines 14-18) by striking the existing subsection (g)

and replacing it with the following:

(g)iiThe commission shall adopt rules establishing a limit on the amount of

operating capital that a licensed authorized organization may retain in the

organization ’s bingo account according to the licensed authorized organization ’s classdesignation, as provided under Section 2001.104(a). The amount of retained

operating capital allowed under this subsection shall not be less than the licensed

authorized organization ’s actual average bingo occasion expenses, less prizes paid,

based on the preceding four quarters multiplied by the average number of occasions

per quarter, and can be no greater than $50,000.


Senator Hinojosa offered the following amendment to the bill:


Amend CSSB 270 by adding the following appropriately numbered SECTIONS

and renumbering subsequent SECTIONS of the bill accordingly:

SECTIONi____.iiSection 2001.002, Occupations Code, is amended by adding

Subdivisions (9-a) and (9-b) to read as follows:


(9-a)ii"Electronic pull-tab bingo" means an electronic version of pull-tabbingo in which a person purchases from a point of sale station an electronic ticketface, instead of a ticket made of paper or paper products, that is issued from a finitedeal of tickets in which some of the tickets have been designated in advance aswinning tickets.

(9-b)ii"Electronic pull-tab minding device" means an electronic device,including a card-minding device, that displays an electronic pull-tab bingo ticket facepurchased by a person.

SECTIONi____.iiSection 2001.054, Occupations Code, is amended to read asfollows:

Sec.i2001.054.iiRULEMAKING AUTHORITY. (a) The commission mayadopt rules to enforce and administer this chapter.

(b)iiThe commission has broad authority to adopt rules to administer Sections2001.409(b) and 2001.4095.


Sec.i2001.408.iiOTHER METHODS FOR PLAYING BINGO. Subject to thecommission ’s rules, bingo may be played using a pull-tab bingo ticket or an electronicpull-tab bingo ticket.


Sec.i2001.409.iiCARD-MINDING DEVICES. (a) A person may not use acard-minding device:

(1)iito generate [or determine] the random letters, numbers, or other symbolsused in playing the bingo card played with the device ’s assistance;

(2)iias a receptacle for the deposit of tokens or money in payment forplaying the bingo card played with the device ’s assistance; or

(3)iias a dispenser for the payment of a bingo prize, including coins, papercurrency, or a thing of value for the bingo card played with the device ’s assistance.

(b)iiA person may use a card-minding device to:(1)iiaccount for and track electronic credits purchased at a point of sale

station or won by playing bingo or electronic pull-tab bingo; and(2)iiexchange electronic credits described by Subdivision (1) through an

electronic communication with a point of sale station for electronic bingo card facesor electronic pull-tab bingo tickets that may be played by the person during a bingooccasion. [Not more than 40 percent of the individuals attending a bingo occasion,based on the average of two previously submitted quarterly reports, may useelectronic or mechanical card-minding devices. This subsection does not apply topull-tab bingo.]

SECTIONi____.iiSubchapter I, Chapter 2001, Occupations Code, is amended byadding Section 2001.4095 to read as follows:

Sec.i2001.4095.iiELECTRONIC PULL-TAB MINDING DEVICES. (a) Aperson may not use an electronic pull-tab minding device:

(1)iito generate random letters, numbers, or other symbols used in playingbingo;

(2)iito affect the chances of winning at bingo; or


(3)iias a dispenser for the payment of a bingo prize, including coins, papercurrency, or another thing of value.

(b)iiAn electronic pull-tab minding device must be manufactured in accordancewith the specifications prescribed by commission rule and is subject to testing by thecommission.

(c)iiThe commission may audit sales records relating to the sale of electronicpull-tab bingo ticket faces. The commission may investigate a violation or allegedviolation of this section.

(d)iiThe commission at any time may inspect an electronic pull-tab mindingdevice.

(e)iiThe manufacturer of an electronic pull-tab minding device shall maintain acentral communications system or facility to provide the commission with the abilityto review and audit electronic pull-tab bingo sales records.

SECTIONi____.iiSubchapter I, Chapter 2001, Occupations Code, is amended byadding Section 2001.421 to read as follows:

Sec.i2001.421.iiPRIZE PAYOUT PERCENTAGE. The prize payout percentagefor an electronic pull-tab bingo game may not be less than the prize payout percentageestablished for a paper pull-tab bingo game.

SECTIONi____.iiThe Texas Lottery Commission shall adopt rules to administerelectronic pull-tab bingo and regulate electronic pull-tab minding devices underChapter 2001, Occupations Code, as amended by this Act, not later than October 1,2003, and may adopt the initial rules in the manner provided by law for emergencyrules.

The floor amendment was read and failed of adoption by the followingvote:iiYeasi12, Naysi16, Present-not votingi1.

Yeas:iiArmbrister, Barrientos, Ellis, Gallegos, Hinojosa, Lucio, Madla,Shapleigh, VanideiPutte, Wentworth, West, Zaffirini.

Nays:iiAveritt, Bivins, Carona, Deuell, Duncan, Estes, Fraser, Jackson, Janek,Lindsay, Nelson, Ogden, Ratliff, Shapiro, Staples, Williams.

Present-not voting:iiWhitmire.

Absent:iiHarris.




Amend CSSBi270 by adding the following appropriately numbered SECTIONand renumbering subsequent SECTIONS of the bill accordingly:

SECTIONi____. Chapter 466, Government Code, is amended by addingSubchapter K to read as follows:

SUBCHAPTER K. INDIAN GAMINGSec.i466.601.iiDEFINITIONS. In this subchapter:

(1)ii"Indian lands" means:(A)iiland located within an Indian reservation; and


(B)iiland over which an Indian tribe exercises governmental power andthe title to which is:

(i)iiheld in trust by the United States for the benefit of an Indiantribe or individual member of an Indian tribe; or

(ii)iiheld by an Indian tribe or individual member of an Indian tribeand subject to restriction by the United States against alienation.

(2)ii"Indian tribe" means any Indian tribe, band, nation, or other organizedgroup or community of Indians that:

(A)iiis recognized by the United States secretary of the interior aseligible for the special programs and services provided by the United States to Indiansbecause of their status as Indians; and

(B)iiis recognized by the United States as having powers ofself-government.

Sec.i466.602.iiVIDEO LOTTERY AUTHORIZED. (a) Notwithstanding anyother law, an Indian tribe may operate video lottery as authorized by this chapterpursuant to a contract with the comptroller.

(b)iiTo operate video lottery under this subchapter, an Indian tribe must be anIndian tribe as listed by the United States secretary of the interior under 25 U.S.C.Section 479a-1 on or before January 1, 1998.

(c)iiAn Indian tribe may operate video lottery only on Indian lands placed intotrust by the United States for the benefit of the Indian tribe on or before January 1,1998.

(d)iiAn Indian tribe eligible to operate video lottery under this subchapter is notrequired to be licensed under this chapter.

Sec.i466.603.iiMONITORING; AUDITS. The comptroller shall monitor thevideo lottery or other gaming activity of an Indian tribe that contracts with thecomptroller to operate video lottery under this subchapter. The contract must:

(1)iiprovide that the comptroller may inspect all public and nonpublic areasof the premises where the Indian tribe operates video lottery or any gaming activity;

(2)iirequire the conduct of an annual audit by this state or an auditor selectedby this state of the Indian tribe ’s video lottery operations; and

(3)iiprovide that the comptroller may examine and review all financialrecords of the Indian tribe ’s video lottery operations at any reasonable time.

Sec.i466.604.iiREVENUE SHARING. An Indian tribe operating video lotteryunder this subchapter shall remit to the comptroller not later than the 15th day of eachmonth an amount equal to 10 percent of the net terminal income received by theIndian tribe during the preceding month.


POINT OF ORDER

Senator Ratliff raised a point of order that Floor Amendment No.i6 was notgermane to the body of the bill.

POINT OF ORDER RULING

The Presiding Officer, Senator Whitmire in Chair, ruled that the point of orderwas well-taken and sustained.


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

CSSB 270 as amended was passed to engrossment by a viva voce vote.

COMMITTEEiiSUBSTITUTESENATE BILL 270 ON THIRD READING

Senator Jackson moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that CSSBi270 beplaced on its third reading and final passage.


Absent:iiHarris.


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

RECORD OF VOTE

Senator Deuell asked to be recorded as voting "Nay" on the final passage ofCSSBi270.

SENATE RULE 11.18(a) SUSPENDED(Public Hearings)

On motion of Senator Ellis and by unanimous consent, Senate Rule 11.18(a) wassuspended in order that the Committee on Government Organization might considerthe following bills today:iiSBi791, SBi1819.

SENATE RULES SUSPENDED(Posting Rules)

On motion of Senator Williams and by unanimous consent, Senate Rule 11.10(a)and Senate Rule 11.18(a) were suspended in order that the Committee on CriminalJustice might meet and consider the following bills today:

SBi1116, SBi1406, SBi1675, SBi727, SBi1477.

SENATE RULE 11.18(a) SUSPENDED(Public Hearings)

On motion of Senator Duncan and by unanimous consent, Senate Rule 11.18(a)was suspended in order that the Committee on Jurisprudence might consider thefollowing bill and resolution today:iiSJR 14, SB 1478.

SENATE RULE 11.13 SUSPENDED(Consideration of Bills in Committees)

On motion of Senator Armbrister and by unanimous consent, Senate Rule 11.13was suspended to grant all committees permission to meet while the Senate is meetingtoday and tomorrow.

NOTICE GIVEN FORLOCAL 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 billsand resolutions would be considered on second and third reading in the order in whichthey were listed.

MOTION TO RECESS AND ADJOURN

On motion of Senator Harris and by unanimous consent, the Senate at 3:55 p.m.agreed to recess, upon completion of the introduction of bills and resolutions on firstreading, until 8:00ia.m. tomorrow for the Local and Uncontested Calendar Session.

The Senate further agreed to adjourn, upon conclusion of the Local andUncontested Calendar Session, until 11:00ia.m. tomorrow.

PERMISSION TO INTRODUCE BILL

Senator Harris 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 1945.



SENATE BILLS ON FIRST READING

The following bills were introduced, read first time, and referred to thecommittees indicated:

SB 1945 by ArmbristerRelating to the administration of grants under the new technology research anddevelopment program.To Committee on Natural Resources

SB 1946 by ArmbristerRelating to the creation, administration, powers, duties, operation, and financing ofthe Heritage Groundwater Conservation District. (Local Bill)To Committee on Natural Resources

HOUSE BILLS AND RESOLUTIONS ON FIRST READING

The following bills and resolutions received from the House were read first timeand referred to the committees indicated:

HB 179 to Committee on Finance.HB 453 to Committee on Business and Commerce.HB 499 to Committee on Infrastructure Development and Security.HB 534 to Committee on Infrastructure Development and Security.HB 571 to Committee on Infrastructure Development and Security.HB 659 to Committee on Infrastructure Development and Security.HB 757 to Subcommittee on Higher Education.HB 771 to Committee on Education.HB 776 to Committee on Administration.HB 818 to Committee on Education.HB 826 to Committee on Business and Commerce.HB 919 to Committee on Natural Resources.HB 1027 to Committee on Criminal Justice.


HB 1097 to Committee on Health and Human Services.HB 1109 to Committee on Administration.HB 1163 to Committee on State Affairs.HB 1166 to Committee on Government Organization.HB 1186 to Committee on Intergovernmental Relations.HB 1194 to Committee on Natural Resources.HB 1197 to Committee on Intergovernmental Relations.HB 1203 to Committee on Natural Resources.HB 1232 to Committee on Business and Commerce.HB 1241 to Committee on Government Organization.HB 1246 to Committee on Criminal Justice.HB 1296 to Committee on Business and Commerce.HB 1315 to Committee on Business and Commerce.HB 1344 to Committee on Administration.HB 1439 to Committee on Infrastructure Development and Security.HB 1476 to Committee on State Affairs.HB 1493 to Committee on Business and Commerce.HB 1496 to Committee on Business and Commerce.HB 1512 to Committee on Infrastructure Development and Security.HB 1527 to Committee on Infrastructure Development and Security.HB 1534 to Committee on Natural Resources.HB 1570 to Committee on Education.HB 1575 to Committee on Natural Resources.HB 1576 to Committee on State Affairs.HB 1577 to Committee on Natural Resources.HB 1602 to Committee on State Affairs.HB 1615 to Committee on Business and Commerce.HB 1663 to Committee on Criminal Justice.HB 1675 to Committee on Intergovernmental Relations.HB 1697 to Committee on State Affairs.HB 1701 to Committee on Administration.HB 1769 to Committee on Criminal Justice.HB 1771 to Committee on Administration.HB 1791 to Committee on State Affairs.HB 1796 to Committee on Jurisprudence.HB 1813 to Committee on State Affairs.HB 1824 to Committee on Education.HB 1886 to Committee on Health and Human Services.HB 1920 to Committee on Health and Human Services.HB 1952 to Committee on Intergovernmental Relations.HB 1991 to Committee on State Affairs.HB 1998 to Committee on Business and Commerce.HB 2032 to Committee on State Affairs.HB 2056 to Committee on State Affairs.HB 2073 to Committee on Intergovernmental Relations.HB 2074 to Committee on Administration.


HB 2081 to Committee on Business and Commerce.HB 2083 to Committee on Intergovernmental Relations.HB 2112 to Committee on Business and Commerce.HB 2128 to Committee on Criminal Justice.HB 2130 to Committee on Intergovernmental Relations.HB 2131 to Committee on Health and Human Services.HB 2172 to Committee on Business and Commerce.HB 2192 to Committee on Administration.HB 2200 to Committee on Business and Commerce.HB 2224 to Committee on Education.HB 2240 to Committee on Jurisprudence.HB 2241 to Committee on Jurisprudence.HB 2250 to Committee on Natural Resources.HB 2261 to Committee on State Affairs.HB 2278 to Committee on Criminal Justice.HB 2297 to Committee on State Affairs.HB 2298 to Committee on Health and Human Services.HB 2319 to Committee on Criminal Justice.HB 2328 to Committee on Natural Resources.HB 2334 to Committee on Administration.HB 2361 to Committee on Intergovernmental Relations.HB 2379 to Subcommittee on Higher Education.HB 2385 to Committee on Administration.HB 2400 to Committee on Veteran Affairs and Military Installations.HB 2455 to Committee on Government Organization.HB 2457 to Subcommittee on Higher Education.HB 2481 to Committee on Jurisprudence.HB 2485 to Committee on Government Organization.HB 2543 to Committee on State Affairs.HB 2546 to Committee on Natural Resources.HB 2567 to Committee on Administration.HB 2585 to Committee on Administration.HB 2613 to Committee on Natural Resources.HB 2622 to Committee on Criminal Justice.HB 2636 to Committee on State Affairs.HB 2654 to Committee on Natural Resources.HB 2660 to Committee on Natural Resources.HB 2661 to Committee on Natural Resources.HB 2663 to Committee on Natural Resources.HB 2668 to Committee on Criminal Justice.HB 2703 to Committee on Criminal Justice.HB 2732 to Committee on Intergovernmental Relations.HB 2795 to Committee on Criminal Justice.HB 2866 to Committee on Health and Human Services.HB 2875 to Committee on Natural Resources.HB 2881 to Committee on Criminal Justice.


HB 2886 to Committee on Health and Human Services.HB 2888 to Committee on Natural Resources.HB 2889 to Committee on Intergovernmental Relations.HB 2895 to Committee on Criminal Justice.HB 2899 to Committee on Infrastructure Development and Security.HB 2902 to Committee on Intergovernmental Relations.HB 2911 to Committee on Infrastructure Development and Security.HB 2940 to Committee on Natural Resources.HB 2964 to Committee on Education.HB 2985 to Committee on Health and Human Services.HB 2989 to Committee on Administration.HB 3014 to Committee on Health and Human Services.HB 3015 to Subcommittee on Higher Education.HB 3024 to Committee on Government Organization.HB 3034 to Committee on Business and Commerce.HB 3039 to Committee on Government Organization.HB 3041 to Committee on Education.HB 3042 to Committee on Government Organization.HB 3043 to Committee on Government Organization.HB 3044 to Committee on Government Organization.HB 3045 to Committee on Government Organization.HB 3061 to Committee on Natural Resources.HB 3074 to Committee on Finance.HB 3087 to Committee on Finance.HB 3113 to Committee on Criminal Justice.HB 3114 to Committee on Jurisprudence.HB 3128 to Committee on State Affairs.HB 3179 to Committee on Business and Commerce.HB 3194 to Committee on Health and Human Services.HB 3213 to Committee on Natural Resources.HB 3229 to Committee on Natural Resources.HB 3232 to Committee on Intergovernmental Relations.HB 3235 to Committee on Intergovernmental Relations.HB 3242 to Committee on State Affairs.HB 3270 to Committee on Jurisprudence.HB 3282 to Committee on Intergovernmental Relations.HB 3303 to Committee on Intergovernmental Relations.HB 3324 to Committee on Business and Commerce.HB 3330 to Committee on Infrastructure Development and Security.HB 3374 to Committee on Natural Resources.HB 3376 to Committee on Criminal Justice.HB 3377 to Committee on Criminal Justice.HB 3383 to Committee on Natural Resources.HB 3414 to Committee on Administration.HB 3416 to Committee on State Affairs.HB 3420 to Committee on International Relations and Trade.


HB 3425 to Subcommittee on Higher Education.HB 3456 to Committee on State Affairs.HB 3506 to Committee on Administration.HB 3507 to Committee on Administration.HB 3508 to Committee on Administration.HB 3556 to Committee on Natural Resources.HB 3568 to Committee on Jurisprudence.HB 3595 to Committee on Jurisprudence.HCR 59 to Committee on International Relations and Trade.HCR 186 to Committee on International Relations and Trade.HJR 16 to Subcommittee on Higher Education.HJR 21 to Committee on Finance.HJR 28 to Committee on Finance.HJR 44 to Committee on Criminal Justice.HJR 51 to Committee on Natural Resources.HJR 54 to Committee on State Affairs.HJR 59 to Committee on State Affairs.HJR 62 to Committee on State Affairs.HJR 68 to Committee on Veteran Affairs and Military Installations.HJR 84 to Committee on Veteran Affairs and Military Installations.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

HCR 3 by Ratliff, In memory of Sergeant Robert Lee Trapp of the Lamar CountySheriff ’s Department.HCR 8 by Ratliff, In memory of Leighton Marion Cornett of Paris, Texas.

Congratulatory Resolutions

SR 769 by Wentworth, Congratulating Court and Amy Allen on the birth of their son,Joel Timothy Allen.

SR 770 by VanideiPutte, Commending the United States Small BusinessAdministration and the Service Corps of Retired Executives Association for theirefforts on behalf of people developing small businesses.

SR 771 by Lindsay, Congratulating W. W. Thorne for his selection for an AldineCommunity Star Award.

SR 772 by Lindsay, Commending Dane Regnier Classen of Spring for achieving therank of Eagle Scout.

SR 773 by Lindsay, Commending David William Ning of Woodland Hills, California,for achieving the rank of Eagle Scout.

SR 774 by Lindsay, Commending Brandon Allan Marzolf of Tomball for achievingthe rank of Eagle Scout.

SR 775 by Lindsay, Commending Robert Blake Hoopingarner of Houston forachieving the rank of Eagle Scout.


SR 778 by Gallegos, Commending the citizens of our state and country for organizingprayer vigils and celebrations on May 1, 2003.

Official Designation Resolution

SR 776 by Barrientos, Proclaiming Willie Hugh Nelson a treasure of Austin and theState of Texas.

RECESS

Pursuant to a previously adopted motion, the Senate at 4:05ip.m. recessed until8:00ia.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:

May 7, 2003

BUSINESS AND COMMERCEi—iCSSJR 42, SB 1067

INTERGOVERNMENTAL RELATIONSi—iCSSB 203, CSSB 1085, CSSBi1215,CSSBi1414, CSSBi1655, CSSBi1659, SBi1912 (Amended)

FINANCEi—iCSSB 1742, CSSBi1780, CSSBi1861

HEALTH AND HUMAN SERVICESi—iSBi787, HBi861, HBi1735, HBi3484

CRIMINAL JUSTICEi—iSCRi45, SBi795, SBi921, SBi1093, SBi1245

NATURAL RESOURCESi—iSCRi41, SBi20, SBi1928, SBi1941, HBi1014,HBi1378, HBi1452, HBi1836

FINANCEi—iCSSB 1592

INTERGOVERNMENTAL RELATIONSi—iHBi164, HBi211, HBi258, HBi472,HBi608, HBi873, HBi940, HBi1030, HBi1061, HBi1066, HBi1153, HBi1631,HBi1832, HJRi61

FINANCEi—iCSSB 1370, CSSB 1369

SENT TO GOVERNOR

May 7, 2003

SBi234, SBi394, SBi446, SBi461, SBi553, SBi579, SBi655, SBi775, SBi814,SBi985, SBi1065, SBi1084, SBi1091, SBi1238, SBi1829


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