fifty-ninth day
TRANSCRIPT
FIFTY-NINTH DAYWEDNESDAY, APRIL 30, 2003
PROCEEDINGS
The Senate met at 11:00 a.m. pursuant to adjournment and was called to order bythe President.
The roll was called and the following Senators were present:iiArmbrister, Averitt,Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos,Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Ratliff,Shapiro, Shapleigh, Staples, VanideiPutte, Wentworth, West, Whitmire, Williams,Zaffirini.
The President announced that a quorum of the Senate was present.
The Very Reverend Titus Presler, Episcopal Theological Seminary of theSouthwest, Austin, offered the invocation as follows:
Having turned already to many things both public and private this day,we turn now to You, O God. Or, at least, we try to. Or, at least, we say thatwe are trying to. We do know that we need to. In our distraction, we needYour intensity. In our noise, we need Your quiet. In our apathy, we needYour passion. For You are passionate for Your world, God, passionate thateach creature live out its creaturehood, passionate that each human fulfill itshumanhood, and for that we know that You have a passion for justice, andfor mercy, and for kindness, and for peace. Your passion, God, we know inYour compassion for us, for all of us. And so we turn to You, knowing thatYou ’ve already turned toward us. We turn to You trusting that as we do soYou ’ll touch us, and move us, and transform us, and so transform Your dearworld. Amen.
Senator Whitmire moved that the reading of the Journal of the proceedings ofyesterday be dispensed with and the Journal be approved as printed.
The motion prevailed without objection.
CO-AUTHOR OF SENATE BILL 652
On motion of Senator Shapleigh, Senator Estes will be shown as Co-author ofSBi652.
CO-AUTHOR OF SENATE BILL 1606
On motion of Senator Ellis, Senator Lucio will be shown as Co-author ofSBi1606.
CO-AUTHOR OF SENATE BILL 1934
On motion of Senator Hinojosa, Senator Zaffirini will be shown as Co-author of
SBi1934.
PERMISSION TO INTRODUCE BILL
Senator Whitmire moved to suspend Senate Rule 7.07(b) and Section 5,
ArticleiIII, of the Texas Constitution to permit the introduction of the following
bill:iiSB 1932.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
PHYSICIAN OF THE DAY
Senator Brimer was recognized and presented Dr. Elizabeth Hill of Bedford as
the Physician of the Day.
The Senate welcomed Dr. Hill and thanked her for her participation in the
Physician of the Day program sponsored by the Texas Academy of Family
Physicians.
SENATE RESOLUTION 665
Senator Barrientos offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize Bill
Milliken, the founder and president of Communities in Schools, Incorporated, for his
dedication and outstanding work on behalf of the youth of our state and nation; and
WHEREAS, Bill Milliken is a leading pioneer in his field, with 40 years of
experience in giving young people the help they need to graduate from high school
and pursue rewarding careers; and
WHEREAS, Communities in Schools, Incorporated, an exemplary national
dropout prevention program which Bill founded in 1977, is dedicated to enlisting
community and school resources to help underserved young people succeed in school
and prepare for life; the program is guided by Mr. Milliken ’s belief that each student
deserves a one-on-one relationship with a caring adult, a safe place to learn and grow,
a healthy start, a chance to give back to the community, and a marketable skill to use
upon graduation; and
WHEREAS, Texas youth face a multitude of challenges that influence whether
or not they succeed in school; Communities in Schools of Texas addresses these
concerns by providing students with the opportunity to focus on learning and by
promoting their development into productive citizens of our state; and
WHEREAS, For his commitment to our youth, Bill Milliken has received the
Champion for Children award from the American Association of School
Administrators and the Edward A. Smith Award for Excellence for his extraordinary
leadership; and
WHEREAS, Dropout prevention is not just a school problem; it is a community
challenge; through his endeavors to guarantee that all young Texans receive a sound
education, Bill Milliken helps to ensure that the Lone Star State has a competent
workforce and a stable and competitive economy; now, therefore, be it
1202 78th Legislature — Regular Session 59th Day
RESOLVED, That the Senate of the State of Texas, 78th Legislature, herebycommend Bill Milliken for his excellent leadership and outstanding accomplishmentsas president of Communities in Schools, Incorporated, and extend best wishes to himfor continued success; and, be it further
RESOLVED, That a copy of this Resolution be prepared for him as anexpression of esteem from the Texas Senate.
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator Barrientos was recognized and introduced to the Senate Bill Milliken,founder and President of Communities in Schools, Incorporated, accompanied byrepresentatives of Communities in Schools, Incorporated.
The Senate welcomed its guests.
MESSAGE FROM THE HOUSE
HOUSE CHAMBERAustin, TexasApril 30, 2003
The Honorable President of the SenateSenate ChamberAustin, Texas
Mr. President:
I am directed by the House to inform the Senate that the House has taken thefollowing action:
THE HOUSE HAS PASSED THE FOLLOWING MEASURES:
HCR 36, Designating September 2003 as Leukemia and Lymphoma AwarenessMonth in Texas.
HCR 59, Requesting that the Federal Bureau of Investigation be directly involved inassisting the Mexican law enforcement authorities in their investigation of the brutalmurders of women in Juarez, Mexico.
HCR 192,Welcoming Toyota Motor Corporation to Texas.
HJR 21, Proposing a constitutional amendment to prohibit an increase in the totalamount of school district ad valorem taxes that may be imposed on the residencehomestead of a disabled person.
HJR 28, Proposing a constitutional amendment providing for authorization of theissuing of notes or the borrowing of money on a short-term basis by a statetransportation agency for transportation-related projects.
HJR 51, Proposing a constitutional amendment to establish a two-year period for theredemption of a mineral interest sold for unpaid ad valorem taxes at a tax sale.
HJR 54, Proposing a constitutional amendment providing that benefits in certainpublic retirement systems may not be reduced or impaired.
Wednesday, April 30, 2003 SENATE JOURNAL 1203
HJR 68, Proposing a constitutional amendment authorizing the Veterans ’Land Boardto make certain payments on revenue bonds and to use assets in certain funds to
provide for veterans homes.
Respectfully,
/s/Robert Haney, Chief Clerk
House of Representatives
SENATE RESOLUTION 481
Senator Shapiro offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize the
Leadership Allen Class of 2003; and
WHEREAS, Leadership Allen is a program offered by the Allen Chamber of
Commerce; it is open to any interested individual who works or resides in the city or
who belongs to the Allen Chamber of Commerce; the program provides corporate and
civic leadership training and encourages the development of personal leadership
characteristics and skills; and
WHEREAS, Program participants are introduced to leaders in the community, to
the functions of local government, and to numerous activities, individuals, and
agencies that have an impact on the community; and
WHEREAS, Each member of a Leadership Allen class is expected to participate
in choosing and carrying out a class project that benefits the community, and
graduates are encouraged to contribute actively to Allen ’s growth and future through
personal service; and
WHEREAS, Leadership Allen benefits businesses by helping to identify and
train potential leaders within the workplace; the program also provides Allen with
leaders who are knowledgeable about the city ’s history and needs; andWHEREAS, The members of the Leadership Allen Class of 2003 are among the
most industrious residents of the community, and their participation in the program
demonstrates their commitment to civic responsibility that benefits their fellow
citizens; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby
commend the Leadership Allen Class of 2003 on their initiative and their dedication
to the betterment of their community and extend best wishes for their future success;
and, be it further
RESOLVED, That a copy of this Resolution be prepared for these exceptional
citizens as an expression of esteem from the Texas Senate.
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator Shapiro was recognized and introduced to the Senate representatives of
the Leadership Allen Class of 2003.
The Senate welcomed its guests.
1204 78th Legislature — Regular Session 59th Day
GUESTS PRESENTED
Senator Janek was recognized and introduced to the Senate Lisa Owens,campaign director, South/West Chapter, Leukemia & Lymphoma Society; JonStrange, President, Board of Directors, Gulf Coast Chapter; Cherry Evans, Director ofPatients Services, Gulf Coast Chapter; and Kevin Phillips, patient, and his family.
The Senate welcomed its guests.
SENATE RESOLUTION 623
Senator Barrientos offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize Cirque duSoleil on the occasion of its 3,000th performance of "Alegria"; and
WHEREAS, Cirque du Soleil was founded in Montreal in 1984 by a streetperformer; the company presents a theatrical blend of circus arts played out againstfairyland sets and accompanied by magical effects and spellbinding soundtracks; itcurrently has seven shows in production on three continents; and
WHEREAS, The company is making its first ever stop in Austin and will remainin the city from April 24 through May 18, 2003; during its stay, it will perform"Alegria" for the 3,000th time; and
WHEREAS, The internationally acclaimed "Alegria" is a baroque and operaticproduction that has been experienced by more than five million people worldwide; theshow is noted for its extraordinary lighting and elaborate set design; its cast of 56performers and musicians are from 13 different countries; dressed in flamboyantcostumes, they put on an astonishing spectacle that combines athleticism with artistry;and
WHEREAS, Cirque du Soleil has created a uniquely special show, and theresidents of Austin are proud to host this historic performance of "Alegria"; now,therefore, be it
RESOLVED, That the Senate of the State of Texas, 78th Legislature, herebycommend Cirque du Soleil on its exceptional artistic accomplishments and extendbest wishes to all associated with the company on the grand occasion of the 3,000thperformance of "Alegria"; and, be it further
RESOLVED, That a copy of this Resolution be prepared for Cirque du Soleil asan expression of esteem from the Texas Senate.
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator Barrientos was recognized and introduced to the Senate Jeff Pluth, TourManager; Justin Sullivan, performer from Lubbock; Piotr Matula and Marilia Gomes,wearing bird costumes; and Evgueni Ivanov, Monsieur Fleur; all of Cirque du Soleil.
The Senate welcomed its guests.
GUESTS PRESENTED
Senator Bivins was recognized and introduced to the Senate Fran Mainella,Director, National Park Service, and David Vela, Texas State Coordinator.
The Senate welcomed its guests.
Wednesday, April 30, 2003 SENATE JOURNAL 1205
GUESTS PRESENTED
Senator Barrientos was recognized and introduced to the Senate members of the
Pi Sigma Alpha chapter at The University of Texas at Austin.
The Senate welcomed its guests.
SENATE RESOLUTION 655
Senator VanideiPutte offered the following resolution:
WHEREAS, The Senate of the State of Texas encourages citizens across our
state and nation to pay tribute to the brave men and women who fought at the Battle
of the Bulge during World War II; and
WHEREAS, The turning point in World War II began June 6, 1944, when allied
troops succeeded in bringing 16 army divisions into occupied Europe in just five
days; after the allied landing and the battles in Normandy, the allied armies began
their liberation tour of the continent; first France was liberated and then Belgium; and
WHEREAS, The allied forces were stopped in the Ardennes before the border by
German counterattacks that stabilized the front along their defense line; with allied
interests divided on tactics, allied forces were required to wait for new directions and
came to rest in the Ardennes; and
WHEREAS, During this quiet period, the Germans prepared an enormous
counteroffensive, but strong allied defenses in the North and South only allowed the
Germans to forge a large bulge in allied lines; and
WHEREAS, The battle began on December 16, 1944, and ended with an allied
victory on January 28, 1945; 8,447 Americans were killed, 46,170 were wounded,
and 20,905 were missing or imprisoned; the British reported 200 killed, 239 wounded,
and 969 missing or imprisoned; 10,749 German solders were killed, 34,439 were
wounded, and 32,487 were missing or imprisoned; and
WHEREAS, Our nation will be eternally grateful to the many men from our
country who fought at the Battle of the Bulge to defend the world from tyranny and
oppression; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby join
citizens of this state and nation in paying tribute to the brave soldiers who fought on
behalf of our country in the Battle of the Bulge and honor the memory of those men
who lost their lives; and, be it further
RESOLVED, That a copy of this Resolution be prepared as an expression of
gratitude from the Texas Senate to those who fought, and that when the Senate
adjourns this day, it do so in memory of those who died at the Battle of the Bulge.
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator VanideiPutte was recognized and introduced to the Senate Battle of the
Bulge veterans Antonio Campos, Joseph F. Denniston, Marcelino Lopez, Charles
Posey, Nick Estrada (Senator VanideiPutte ’s uncle), and Archie Harrison; and The
University of Texas Reserve Officer Training Corps Primary Cadets Jeffery Wright,
1206 78th Legislature — Regular Session 59th Day
Derek Walsh, Daniel Hernandez, Ahsan Nasar, Jose Megallanes, and Jerry Moon;accompanied by Daniel San Miguel, father of Senator VanideiPutte, and otherveterans.
The Senate welcomed its guests.
AT EASE
The President at 12:25 p.m. announced the Senate would stand At Ease pendingthe departure of its guests.
IN LEGISLATIVE SESSION
The President at 12:36 p.m. called the Senate to order as In Legislative Session.
RESOLUTIONS SIGNED
The President announced the signing of the following enrolled resolutions in thepresence of the Senate:iiHCRi64, HCRi88, HCRi202, HCRi211, HCRi222.
MESSAGE FROM THE HOUSE
HOUSE CHAMBERAustin, TexasApril 30, 2003
The Honorable President of the SenateSenate ChamberAustin, Texas
Mr. President:
I am directed by the House to inform the Senate that the House has taken thefollowing action:
THE HOUSE HAS PASSED THE FOLLOWING MEASURES:
SB 7, Relating to the recognition of a same-sex marriage or a civil union.(Amended)
SB 718, Relating to the practice and regulatory environment for registered nurses andlicensed vocational nurses.(Amended)
SB 732, Relating to discounts or other forms of pricing flexibility fortelecommunications services.
SB 857, Relating to certain therapeutic optometrists ’participation in a managed careplan.
SB 1057, Relating to the determination of incompetency in criminal and juvenilejustice cases.
SB 1224, Relating to the appointment of counsel for an indigent applicant for a writ ofhabeas corpus in a capital case.(Committee Substitute)
SB 1603, Relating to charitable contributions by state employees to the General LandOffice ’s Adopt-A-Map/Adopt-A-Document Program.
Wednesday, April 30, 2003 SENATE JOURNAL 1207
THE HOUSE HAS CONCURRED IN SENATE AMENDMENTS TO THE
FOLLOWING MEASURES:
HB 43, (passed by record vote 136 yeas, 0 nays, 2 present, not voting)
THE HOUSE HAS GRANTED THE REQUEST OF THE SENATE FOR THE
APPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWING
MEASURES:
SB 104, House Conferees:iiAllen - Chair/Capelo/Coleman/Nixon/Pitts/
Respectfully,
/s/Robert Haney, Chief Clerk
House of Representatives
SENATE BILLS ON FIRST READING
The following bills were introduced, read first time, and referred to the
committees indicated:
SB 1931 by Ogden
Relating to the composition, appointment, and reconstitution of the board of directors
of the Brazos River Authority.ii(Local Bill)
To Committee on Natural Resources.
SB 1932 by Ogden
Relating to the performance of the duties of a district attorney by the Prison
Prosecution Unit in case of a vacancy in certain counties.
To Committee on Criminal Justice.
SB 1933 by Staples
Relating to the exclusion of land from Waterwood Municipal Utility District.ii(Local
Bill)
To Committee on Natural Resources.
SB 1934 by Hinojosa
Relating to the territory and the governing body of the Port of Corpus Christi
Authority of Nueces County, Texas.ii(Local Bill)
To Committee on Natural Resources.
SB 1935 by Fraser
Relating to the law governing the Brazos River Authority and the law governing the
Lower Colorado River Authority, including matters affecting the composition of the
governing boards of those authorities.ii(Local Bill)
To Committee on Natural Resources.
SB 1936 by Ellis
Relating to the creation of the Buffalo Bayou Management District; providing the
authority to impose taxes and issue bonds.ii(Local Bill)
To Committee on Intergovernmental Relations.
1208 78th Legislature — Regular Session 59th Day
HOUSE BILLS ON FIRST READING
The following bills received from the House were read first time and referred to
the committees indicated:
HB 730 to Committee on Business and Commerce.
HB 1076 to Committee on Business and Commerce.
HB 2055 to Committee on Intergovernmental Relations.
HB 2292 to Committee on Finance.
CONCLUSION OF MORNING CALL
The President at 12:40 p.m. announced the conclusion of morning call.
SENATE BILL 800 ON SECOND READING
Senator Madla moved to suspend the regular order of business to take up for
consideration SBi800 at this time on its second reading:
SB 800, Relating to the establishment of Texas A&MiUniversity–San Antonio.
The motion prevailed by a viva voce vote.
The bill was read second time.
(Senator Carona in Chair)
Senator Fraser offered the following amendment to the bill:
Floor Amendment No. 1
Amend SB 800 as follows:
(1)iiInsert a new caption to read as follows:
relating to the establishment of Texas A&M University–San Antonio and Texas A&M
University–Central Texas.
(2)iiInsert a new SECTION 2 to read as follows and renumber the existing
sections appropriately:
SECTION 2.iiChapter 87, Education Code, is amended by adding Subchapter L
to read as follows:
SUBCHAPTER L.iiTEXAS A&M UNIVERSITY–CENTRALTEXAS
Sec. 87.861.iiTEXAS A&M UNIVERSITY–CENTRAL TEXAS.ii(a)iiTexas
A&M University–Central Texas is a general academic teaching institution located in
Bell County.iiThe university is a component institution of The Texas A&M University
System and is under the management and control of the board of regents of The Texas
A&M University System.
(b)iiThe board may prescribe courses leading to such customary degrees as are
offered at leading American universities and may award those degrees. Those degrees
may include baccalaureate, master ’s, and doctoral degrees in all fields of study,
including professional degrees. No department, school, or degree program may be
instituted except with the prior approval of the Texas Higher Education Coordinating
Board.
Wednesday, April 30, 2003 SENATE JOURNAL 1209
(c)iiThe board also has the same powers and duties concerning Texas A&M
University–Central Texas as are conferred on the board by statute concerning Texas
A&M University.
(d)iiNotwithstanding any other provision of this subchapter, Texas A&M
University–Central Texas may not operate as a general academic teaching institution
until the Texas Higher Education Coordinating Board certifies that enrollment at the
Tarleton State University System Center–Central Texas in Killeen has reached an
enrollment equivalent of 2,500 full-time students for one semester.
(3)iiAmend SECTION 2 of the committee report on line 39 after "Bexar County"
and before "." by inserting the following:ii"or Bell County".
(4)iiAmend SECTION 3 of the committee report on line 43 by striking
"institution" and inserting "institutions," and by striking "is" and inserting "are".
(5)iiInsert a new SECTION 4 to read as follows and renumber the existing
sections appropriately:
SECTION 4.iiSubchapter J, Education Code is repealed.
(6)iiInsert a new SECTION 5 to read as follows and renumber the existing
sections appropriately:
SECTION 5.iiIt is the intent of the legislature that the board of regents of The
Texas A&M University System consult with existing general academic teaching
institutions and community colleges in the Central Texas area as well as local
governments and community leaders prior to a decision by the board to offer
lower-division courses at Texas A&M University–Central Texas.
The floor amendment was read and was adopted without objection.
SB 800 as amended was passed to engrossment by a viva voce vote.
SENATE BILL 800 ON THIRD READING
Senator Madla moved that Senate Rule 7.18 and the Constitutional Rule
requiring bills to be read on three several days be suspended and that SBi800 be
placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi29, Naysi2.
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan,
Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio,
Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire,
Williams, Zaffirini.
Nays:iiRatliff, Wentworth.
The bill was read third time and was passed by the following vote:iiYeasi31,
Naysi0.
1210 78th Legislature — Regular Session 59th Day
COMMITTEEiiSUBSTITUTESENATE BILL 1273 ON SECOND READING
Senator Armbrister moved to suspend the regular order of business to take up forconsideration CSSBi1273 at this time on its second reading:
CSSB 1273, Relating to alternatives to suspension of alcoholic beverage licensesand permits.
The motion prevailed by a viva voce vote.
The bill was read second time and was passed to engrossment by a viva vocevote.
COMMITTEEiiSUBSTITUTE
SENATE BILL 1273 ON THIRD READING
Senator Armbrister moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that CSSBi1273 beplaced on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi29, Naysi2.
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan,Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio,Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire,Williams, Zaffirini.
Nays:iiRatliff, Wentworth.
The bill was read third time and was passediby a viva voce vote.
SENATE BILL 315 ON SECOND READING
Senator Hinojosa moved to suspend the regular order of business to take up forconsideration SBi315 at this time on its second reading:
SB 315, Relating to the annexation by certain junior college districts of territoryin a district ’s service area.
The motion prevailed by a viva voce vote.
The bill was read second time.
Senator Jackson offered the following amendment to the bill:
Floor Amendment No. 1
Amend SB 315 in SECTION 1, in proposed Section 130.0661, Education Code,by striking Subsection (a) (page 1, lines 14-19) and substituting the following:
(a)iiThis section applies only to a junior college district that:(1)iiincludes within its territory all or part of a municipality with a
population of 250,000 or more that borders the Gulf of Mexico; and(2)iihas a service area established by Subchapter J that includes four or
more whole counties.
The floor amendment was read and was adopted by a viva voce vote.
Wednesday, April 30, 2003 SENATE JOURNAL 1211
On motion of Senator Hinojosa and by unanimous consent, the caption wasamended to conform to the body of the bill as amended.
SB 315 as amended was passed to engrossment by a viva voce vote.
SENATE BILL 315 ON THIRD READING
Senator Hinojosa moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that SBi315 beplaced on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi29, Naysi2.
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan,Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio,Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire,Williams, Zaffirini.
Nays:iiRatliff, Wentworth.
The bill was read third time and was passed by the following vote:iiYeasi31,Naysi0.
COMMITTEEiiSUBSTITUTESENATE BILL 1107 ON SECOND READING
Senator Duncan moved to suspend the regular order of business to take up forconsideration CSSBi1107 at this time on its second reading:
CSSB 1107, Relating to the assignment of certain justices or judges as visitingjudges.
The motion prevailed by a viva voce vote.
The bill was read second time.
Senator Duncan offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 1107 as follows:(1)iiAmend CSSB 1107 by striking Section 74.054(e) on page 2, lines 68 - page
3, line 1.(2)iiAmend CSSB 1107 by adding a new Section 74.053(g) on page 2, after line
36 to read as follows:(g)iiAn active district judge assigned under this chapter is not subject to
objection.
The floor amendment was read and was adopted by a viva voce vote.
Senator Lindsay offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSSB 1107 as follows:On page 4, line 4-29 add:SECTION 11.iiAmend Chapters 835 and 840 of the Government Code to
include the following in the appropriate sections:
1212 78th Legislature — Regular Session 59th Day
A visiting or assigned state district judge is not entitled to receive service credit in
either judicial retirement system for any month in which the judge makes a payroll
contribution that is less than the amount of payroll contribution of a full time district
judge. A visiting or assigned state district judge is not considered to have made the
required monthly contribution until the judge offsets any deficiency with a direct
payment to the retirement system or through an actual cash reduction of future state
salary.
Re-number SECTION 11 to SECTION 12.
The floor amendment was read and was adopted by a viva voce vote.
On motion of Senator Duncan and by unanimous consent, the caption was
amended to conform to the body of the bill as amended.
CSSB 1107 as amended was passed to engrossment by a viva voce vote.
COMMITTEEiiSUBSTITUTE
SENATE BILL 1107 ON THIRD READING
Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule
requiring bills to be read on three several days be suspended and that CSSBi1107 be
placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi29, Naysi2.
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan,
Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio,
Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire,
Williams, Zaffirini.
Nays:iiRatliff, Wentworth.
The bill was read third time and was passed by a viva voce vote.
COMMITTEEiiSUBSTITUTE
SENATE BILL 1588 ON SECOND READING
Senator Whitmire moved to suspend the regular order of business to take up for
consideration CSSBi1588 at this time on its second reading:
CSSB 1588, Relating to exempting college savings plan accounts from
attachment, execution, and seizure for the satisfaction of debts.
The motion prevailed by a viva voce vote.
The bill was read second time and was passed to engrossment by a viva voce
vote.
COMMITTEEiiSUBSTITUTE
SENATE BILL 1588 ON THIRD READING
Senator Whitmire moved that Senate Rule 7.18 and the Constitutional Rule
requiring bills to be read on three several days be suspended and that CSSBi1588 be
placed on its third reading and final passage.
Wednesday, April 30, 2003 SENATE JOURNAL 1213
The motion prevailed by the following vote:iiYeasi29, Naysi2.
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan,
Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio,
Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire,
Williams, Zaffirini.
Nays:iiRatliff, Wentworth.
The bill was read third time and was passed by a viva voce vote.
SENATE BILL 45 ON SECOND READING
Senator Zaffirini moved to suspend the regular order of business to take up for
consideration SBi45 at this time on its second reading:
SB 45, Relating to the operation of a motor vehicle while intoxicated with a child
passenger in the vehicle; providing a penalty.
The motion prevailed by a viva voce vote.
The bill was read second time.
Senator Zaffirini offered the following committee amendment to the bill:
Committee Amendment No. 1
Amend SB 45, in SECTION 1 of the bill, proposed Section 49.045(a)(2), Penal
Code, (on page 1, line 12) by striking "16" and substituting "15".
The committee amendment was read and was adopted by a viva voce vote.
On motion of Senator Zaffirini and by unanimous consent, the caption was
amended to conform to the body of the bill as amended.
SB 45 as amended was passed to engrossment by a viva voce vote.
SENATE BILL 45 ON THIRD READING
Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule
requiring bills to be read on three several days be suspended and that SBi45 be placed
on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi28, Naysi3.
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan,
Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio,
Madla, Nelson, Ogden, Shapiro, Shapleigh, VanideiPutte, West, Whitmire, Williams,
Zaffirini.
Nays:iiRatliff, Staples, Wentworth.
The bill was read third time and was passed by a viva voce vote.
1214 78th Legislature — Regular Session 59th Day
SENATE BILL 1876 ON SECOND READING
Senator Ratliff moved to suspend the regular order of business to take up for
consideration SBi1876 at this time on its second reading:
SB 1876, Relating to the conditional grant program administered by the Texas
Department of Transportation.
The motion prevailed by a viva voce vote.
RECORD OF VOTE
Senator West asked to be recorded as "Present-not voting" on the suspension of
the regular order of business.
The bill was read second time.
Senator Barrientos offered the following amendment to the bill:
Floor Amendment No. 1
Amend SB 1876, on page 1, lines 28-40 in SECTIONi3 of the bill by designating
as Subsection (a) existing Sec.i56.143, entitled "ELIGIBLE STUDENT", and adding
Subsectioni(b) to read as follows:
(b)iiIn determining who should receive a grant under this program, the
department:
(1)iishall give highest priority to students who demonstrate the greatest
financial need; and
(2)iimay consider whether the applicant would be the first generation of the
applicant ’s family to attend or graduate from an undergraduate program or from a
graduate or professional program.
The floor amendment was read and was adopted by a viva voce vote.
RECORD OF VOTE
Senator West asked to be recorded as "Present-not voting" on the adoption of
Floor Amendment No.i1.
On motion of Senator Ratliff and by unanimous consent, the caption was
amended to conform to the body of the bill as amended.
SB 1876 as amended was passed to engrossment by a viva voce vote.
RECORD OF VOTE
Senator West asked to be recorded as "Present-not voting" on the passage of
SBi1876 to engrossment.
SENATE BILL 1876 ON THIRD READING
Senator Ratliff moved that Senate Rule 7.18 and the Constitutional Rule
requiring bills to be read on three several days be suspended and that SBi1876 be
placed on its third reading and final passage.
Wednesday, April 30, 2003 SENATE JOURNAL 1215
The motion prevailed by the following vote:iiYeasi29, Naysi1, Present-not
votingi1.
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan,
Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio,
Madla, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, Whitmire,
Williams, Zaffirini.
Nays:iiWentworth.
Present-not voting:iiWest.
The bill was read third time and was passed by a viva voce vote.
RECORD OF VOTE
Senator West asked to be recorded as "Present-not voting" on the final passage of
SBi1876.
COMMITTEEiiSUBSTITUTE
SENATE BILL 1548 ON SECOND READING
Senator Janek moved to suspend the regular order of business to take up for
consideration CSSBi1548 at this time on its second reading:
CSSB 1548, Relating to public school student discipline.
The motion prevailed by a viva voce vote.
The bill was read second time and was passed to engrossment by a viva voce
vote.
COMMITTEEiiSUBSTITUTE
SENATE BILL 1548 ON THIRD READING
Senator Janek moved that Senate Rule 7.18 and the Constitutional Rule requiring
bills to be read on three several days be suspended and that CSSBi1548 be placed on
its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
The bill was read third time and was passed by the following vote:iiYeasi31,
Naysi0.
HOUSE BILL 1065 ON SECOND READING
Senator Averitt moved to suspend the regular order of business to take up for
consideration HBi1065 at this time on its second reading:
HB 1065, Relating to the eligibility requirements to serve as a director of a
groundwater conservation district.
The motion prevailed by a viva voce vote.
The bill was read second time.
1216 78th Legislature — Regular Session 59th Day
Senator Duncan offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 1065 as follows:(1)iiIn SECTIONi1 of the bill, proposed Sectioni36.051(d)(1), Water Code
(Senate committee printing, page 1, line 15), strike "an officer or employee of apolitical subdivision" and substitute "a member of the governing body or officer ofanother political subdivision other than a municipality or county".
(2)iiIn SECTIONi1 of the bill, proposed Sectioni36.051(d)(2), Water Code(Senate committee printing, page 1, line 18), strike "director, officer, or employee of apolitical subdivision" and substitute "member of the governing body or officer ofanother political subdivision other than a municipality or county".
The floor amendment was read and was adopted by a viva voce vote.
On motion of Senator Averitt and by unanimous consent, the caption wasamended to conform to the body of the bill as amended.
HB 1065 as amended was passed to third reading by a viva voce vote.
HOUSE BILL 1065 ON THIRD READING
Senator Averitt moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that HBi1065 beplaced on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
The bill was read third time and was passed by the following vote:iiYeasi31,Naysi0.
SENATE BILL 658 ON SECOND READING
Senator Brimer moved to suspend the regular order of business to take up forconsideration SBi658 at this time on its second reading:
SB 658, Relating to making permanent the exemption from ad valorem taxationof motor vehicles leased for personal use.
The motion prevailed by a viva voce vote.
The bill was read second time and was passed to engrossment by a viva vocevote.
SENATE BILL 658 ON THIRD READING
Senator Brimer moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that SBi658 beplaced on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
The bill was read third time and was passed by the following vote:iiYeasi31,Naysi0.
Wednesday, April 30, 2003 SENATE JOURNAL 1217
SENATE BILL 756 WITH HOUSE AMENDMENT
Senator Nelson called SBi756 from the President ’s table for consideration of theHouse amendment to the bill.
The Presiding Officer, Senator Carona in chair, laid the bill and the Houseamendment before the Senate.
Floor Amendment No.i1
Amend SBi756 (House committee printing) by striking SECTION 4 of the billand substituting the following:
SECTIONi4.iiThis Act takes effect immediately if it receives a vote of two-thirdsof all the members elected to each house, as provided by Section 39, Article III, TexasConstitution. If this Act does not receive the vote necessary for immediate effect, thisAct takes effect Septemberi1, 2003.
The amendment was read.
Senator Nelson moved to concur in the House amendment to SBi756.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
COMMITTEEiiSUBSTITUTESENATE BILL 1377 ON SECOND READING
Senator Armbrister moved to suspend the regular order of business to take up forconsideration CSSBi1377 at this time on its second reading:
CSSB 1377, Relating to landowners of groundwater whose land is enrolled orparticipating in a government conservation program.
The motion prevailed by a viva voce vote.
The bill was read second time.
Senator Duncan offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 1377 as follows:(1)iiOn page 1, line 23, of the committee substitute, strike the words "a
government program" and substitute the words "the federal conservation reserveprogram".
(2)iiOn page 1, line 36, of the committee substitute, strike the words "agovernment program" and substitute the words "the federal conservation reserveprogram, except as expressly authorized by this chapter".
(3)iiOn page 1, line 41, of the committee substitute, strike the words "agovernment program" and substitute the words "the federal conservation reserveprogram. Notwithstanding Sections 36.002 or 36.101, Water Code, a district thatadopts rules related to the protection of existing or historic use which authorize aparticipant in the federal conservation reserve program to establish existing or historicuse based upon the participant ’s groundwater production during a period of time priorto the participant entering the federal conservation reserve program shall not beconsidered discriminatory against such a participant for purposes of this chapter."
1218 78th Legislature — Regular Session 59th Day
(4)iiOn page 1, line 46, of the committee substitute, strike the words "before,
on," and substitute the word "on".
The floor amendment was read and was adopted by a viva voce vote.
On motion of Senator Armbrister and by unanimous consent, the caption was
amended to conform to the body of the bill as amended.
CSSB 1377 as amended was passed to engrossment by a viva voce vote.
COMMITTEEiiSUBSTITUTE
SENATE BILL 1377 ON THIRD READING
Senator Armbrister moved that Senate Rule 7.18 and the Constitutional Rule
requiring bills to be read on three several days be suspended and that CSSBi1377 be
placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
The bill was read third time and was passed by a viva voce vote.
SENATE BILL 583 WITH HOUSE AMENDMENT
Senator Shapleigh called SBi583 from the President ’s table for consideration of
the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 583 as follows:
(1)iiOn page 1, line 7, strike "REPORT." and substitute "REPORT. (a)".
(2)iiOn page 2, between lines 7 and 8, insert the following subsection:
(b)iiInformation relating to current, proposed, or planned missions that is
considered by the adjutant general or governor to be classified or of a sensitive nature
need not be included in the annual report under this section.
The amendment was read.
Senator Shapleigh moved to concur in the House amendment to SBi583.
The motion prevailed by a viva voce vote.
COMMITTEEiiSUBSTITUTE
SENATE BILL 76 ON SECOND READING
Senator Zaffirini moved to suspend the regular order of business to take up for
consideration CSSBi76 at this time on its second reading:
CSSB 76, Relating to the provision of subsidized child-care services.
The motion prevailed by a viva voce vote.
The bill was read second time.
Wednesday, April 30, 2003 SENATE JOURNAL 1219
Senator Zaffirini offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 76 in SECTION 4 of the bill, in proposed Subdivision (1),
Subsection (a), Section 29.159, Education Code (committee printing, page 3, line 2),
by striking "ideal" and substituting "effective".
The floor amendment was read and was adopted by a viva voce vote.
Senator Zaffirini offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSSB 76 in SECTION 5 of the bill, in proposed Subsection (a)
(committee printing, page 4, lines 20 through 23), by striking proposed Subdivisions
(13) and (14) and substituting:
(13)iiadministrators of government-funded child-care programs;
(14)iiparents of children receiving government-funded child-care services or
other consumers of government-funded child-care services; and
(15)iiany other appropriate group, as determined by the director of the State
Center for Early Childhood Development.
The floor amendment was read and was adopted by a viva voce vote.
Senator Shapiro offered the following amendment to the bill:
Floor Amendment No. 3
Amend CSSB 76 as follows:
(1)iiIn the introduction of SECTION 2 of the bill (committee printing, page 1,
line 20), strike "and (i)" and substitute "(i), and (j)".
(2)iiIn SECTION 2 of the bill, in proposed Subsection (g), Sectioni29.155,
Education Code (committee printing, page 1, line 22), by striking "section" and
substituting "subsection".
(3)iiIn SECTION 2 of the bill strike proposed Subsection (i), Sectioni29.155,
Education Code, (committee printing, page 1, lines 33-36), and substitute the
following:
(i)iiIn carrying out the purposes of Subsection (g), a school district or
open-enrollment charter school may use funds granted to the district or school under
this subsection in contracting with another entity, including a private entity.
(j)iiIf a school district or open-enrollment charter school returns to the
commissioner funds granted under this section, the commissioner may grant those
funds to another entity, including a private entity, for the purposes of Subsectioni(g).
The floor amendment was read and was adopted by a viva voce vote.
On motion of Senator Zaffirini and by unanimous consent, the caption was
amended to conform to the body of the bill as amended.
CSSB 76 as amended was passed to engrossment by a viva voce vote.
1220 78th Legislature — Regular Session 59th Day
COMMITTEEiiSUBSTITUTESENATE BILL 76 ON THIRD READING
Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that CSSBi76 beplaced on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
The bill was read third time and was passed by a viva voce vote.
SENATE BILL 525 ON SECOND READING
Senator Shapleigh moved to suspend the regular order of business to take up forconsideration SBi525 at this time on its second reading:
SB 525, Relating to the creation of employee wellness programs by stateagencies.
The motion prevailed by a viva voce vote.
The bill was read second time.
Senator Janek offered the following amendment to the bill:
Floor Amendment No. 1
Amend SB 525 by striking "with a portion of the fees paid by the state" onpagei1, lines 26 and 27.
The floor amendment was read and was adopted by a viva voce vote.
On motion of Senator Shapleigh and by unanimous consent, the caption wasamended to conform to the body of the bill as amended.
SB 525 as amended was passed to engrossment by a viva voce vote.
SENATE BILL 525 ON THIRD READING
Senator Shapleigh moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that SBi525 beplaced on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi29, Naysi2.
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan,Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio,Madla, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, VanideiPutte, West, Whitmire,Williams, Zaffirini.
Nays:iiStaples, Wentworth.
The bill was read third time and was passed by a viva voce vote.
SENATE BILL 572 WITH HOUSE AMENDMENT
Senator Harris called SBi572 from the President ’s table for consideration of theHouse amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Wednesday, April 30, 2003 SENATE JOURNAL 1221
Floor Amendment No.i1
Amend SB 572 in SECTION 1 of the bill, in proposed Section 821.055, Health
and Safety Code (House committee printing, page 3, between lines 18 and 19), by
inserting proposed Subsection (d) to read as follows:
(d)iiNotwithstanding Subsection (a), an employee of an animal shelter is not
required to have successfully completed the training course before the 120th day
following the date of initial employment.
The amendment was read.
Senator Harris moved to concur in the House amendment to SBi572.
The motion prevailed by a viva voce vote.
COMMITTEEiiSUBSTITUTE
SENATE BILL 1606 ON SECOND READING
Senator Ellis moved to suspend the regular order of business to take up for
consideration CSSBi1606 at this time on its second reading:
CSSB 1606, Relating to residential property insurance provided under the FAIR
Plan Act.
The motion prevailed by a viva voce vote.
The bill was read second time and was passed to engrossment by a viva voce
vote.
COMMITTEEiiSUBSTITUTE
SENATE BILL 1606 ON THIRD READING
Senator Ellis moved that Senate Rule 7.18 and the Constitutional Rule requiring
bills to be read on three several days be suspended and that CSSBi1606 be placed on
its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
The bill was read third time and was passed by the following vote:iiYeasi31,
Naysi0.
COMMITTEEiiSUBSTITUTE
SENATE BILL 1180 ON SECOND READING
Senator West moved to suspend the regular order of business to take up for
consideration CSSBi1180 at this time on its second reading:
CSSB 1180, Relating to an index of court costs and fees in civil proceedings,
court costs on conviction, and other court-related fees and costs.
The motion prevailed by a viva voce vote.
The bill was read second time.
1222 78th Legislature — Regular Session 59th Day
Senator West offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSSB 1180, in SECTION 1 of the bill, in Subdivision (8), Section
103.021, Government Code (committee printing page 16, line 32), by striking "$50"
and substituting "$100".
The floor amendment was read and was adopted by a viva voce vote.
On motion of Senator West and by unanimous consent, the caption was amended
to conform to the body of the bill as amended.
CSSB 1180 as amended was passed to engrossment by a viva voce vote.
COMMITTEEiiSUBSTITUTE
SENATE BILL 1180 ON THIRD READING
Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring
bills to be read on three several days be suspended and that CSSBi1180 be placed on
its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
The bill was read third time and was passed by the following vote:iiYeasi31,
Naysi0.
COMMITTEEiiSUBSTITUTE
SENATE BILL 305 ON SECOND READING
Senator Barrientos moved to suspend the regular order of business to take up for
consideration CSSBi305 at this time on its second reading:
CSSB 305, Relating to specialized license plates and parking placards for
vehicles of persons with disabilities.
The motion prevailed by a viva voce vote.
The bill was read second time and was passed to engrossment by a viva voce
vote.
COMMITTEEiiSUBSTITUTE
SENATE BILL 305 ON THIRD READING
Senator Barrientos moved that Senate Rule 7.18 and the Constitutional Rule
requiring bills to be read on three several days be suspended and that CSSBi305 be
placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
The bill was read third time and was passed by a viva voce vote.
Wednesday, April 30, 2003 SENATE JOURNAL 1223
SENATE BILL 1379 ON SECOND READING
Senator Armbrister moved to suspend the regular order of business to take up for
consideration SBi1379 at this time on its second reading:
SB 1379, Relating to the authority of a municipality to enforce water
conservation and drought ordinances.
The motion prevailed by a viva voce vote.
The bill was read second time and was passed to engrossment by a viva voce
vote.
SENATE BILL 1379 ON THIRD READING
Senator Armbrister moved that Senate Rule 7.18 and the Constitutional Rule
requiring bills to be read on three several days be suspended and that SBi1379 be
placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
The bill was read third time and was passed by a viva voce vote.
SENATE BILL 585 ON SECOND READING
Senator Duncan moved to suspend the regular order of business to take up for
consideration SBi585 at this time on its second reading:
SB 585, Relating to providing money to pay for the remediation, cleanup, and
closure of unpermitted solid waste facilities.
The motion prevailed by a viva voce vote.
The bill was read second time.
Senator Duncan offered the following amendment to the bill:
Floor Amendment No. 1
Amend SB 585 as follows:
On page 1, line 47, after "superfund" and before "for" add the following:
", from funds appropriated,"
The floor amendment was read and was adopted by a viva voce vote.
On motion of Senator Duncan and by unanimous consent, the caption was
amended to conform to the body of the bill as amended.
SB 585 as amended was passed to engrossment by a viva voce vote.
SENATE BILL 585 ON THIRD READING
Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule
requiring bills to be read on three several days be suspended and that SBi585 be
placed on its third reading and final passage.
1224 78th Legislature — Regular Session 59th Day
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
The bill was read third time and was passed by a viva voce vote.
SENATE JOINT RESOLUTION 25 WITH HOUSE AMENDMENT
Senator Staples called SJRi25 from the President ’s table for consideration of the
House amendment to the resolution.
The Presiding Officer laid the resolution and the House amendment before the
Senate.
Amendment No.i1
Amend SJRi25 as follows:
On page 2, strike Section 4, lines 14-19 and insert in its place the following:
SECTION 4.iiThis proposed constitutional amendment shall be submitted to the
voters at an election to be held Septemberi13, 2003. The ballot shall be printed to
permit voting for or against the proposition: "The constitutional amendment to
authorize the legislature to exempt from ad valorem taxation travel trailers not held or
used for the production of income."
The amendment was read.
Senator Staples moved to concur in the House amendment to SJRi25.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
COMMITTEEiiSUBSTITUTE
SENATE BILL 619 ON SECOND READING
Senator Armbrister moved to suspend the regular order of business to take up for
consideration CSSBi619 at this time on its second reading:
CSSB 619, Relating to oil spill prevention and response.
The motion prevailed by a viva voce vote.
The bill was read second time and was passed to engrossment by a viva voce
vote.
COMMITTEEiiSUBSTITUTE
SENATE BILL 619 ON THIRD READING
Senator Armbrister moved that Senate Rule 7.18 and the Constitutional Rule
requiring bills to be read on three several days be suspended and that CSSBi619 be
placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiWentworth.
The bill was read third time and was passed by a viva voce vote.
Wednesday, April 30, 2003 SENATE JOURNAL 1225
COMMITTEEiiSUBSTITUTE
SENATE BILL 786 ON SECOND READING
Senator Shapleigh moved to suspend the regular order of business to take up for
consideration CSSBi786 at this time on its second reading:
CSSB 786, Relating to establishing task forces in certain border communities to
study impediments to trade in the border region.
The motion prevailed by a viva voce vote.
RECORD OF VOTE
Senator Nelson asked to be recorded as voting "Nay" on the suspension of the
regular order of business.
The bill was read second time and was passed to engrossment by a viva voce
vote.
RECORD OF VOTE
Senator Nelson asked to be recorded as voting "Nay" on the passage of
CSSBi786 to engrossment.
COMMITTEEiiSUBSTITUTE
SENATE BILL 786 ON THIRD READING
Senator Shapleigh moved that Senate Rule 7.18 and the Constitutional Rule
requiring bills to be read on three several days be suspended and that CSSBi786 be
placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi29, Naysi2.
Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan,
Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio,
Madla, Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire,
Williams, Zaffirini.
Nays:iiNelson, Wentworth.
The bill was read third time and was passed by the following vote:iiYeasi30,
Naysi1.
Nays:iiNelson.
SESSION TO CONSIDER EXECUTIVE APPOINTMENTS
The Presiding Officer, Senator Carona in Chair, announced the time had arrived
to consider executive appointments to agencies, boards, and commissions.iiNotice of
submission of these names for consideration was given yesterday by Senator Lindsay.
Senator Lindsay moved confirmation of the nominees reported by the Committee
on Nominations.
The Presiding Officer asked if there were requests to sever nominees.
There were no requests offered.
1226 78th Legislature — Regular Session 59th Day
NOMINEES CONFIRMED
The following nominees, as reported by the Committee on Nominations, were
confirmed by the following vote:iiYeasi31, Naysi0.
Judge, 408th Judicial District Court, Bexar County:iiRebecca Simmons, Bexar
County.
Members, Texas State Board of Public Accountancy:iiJ.iCoalter Baker, Travis
County; Marcela E. Donadio, Harris County; David D. Duree, Midland County;
Carlos Madrid,iJr., Bexar County; Paula Martina Mendoza, Harris County; Orville W.
Mills, Jr., Fort Bend County; Joseph W. Richardson, Harris County; JohniW.
Steinberg, Bexar County; Melanie G. Thompson, Comal County; John A. Walton,
Dallas County.
Member, Texas Alcoholic Beverage Commission:iiKelton Gray Seliger, Randall
County.
Members, Texas Building and Procurement Commission:iiTom Beard, Brewster
County; StuartiS. Coleman, Brown County; Noe Fernandez, Hidalgo County.
Members, Parks and Wildlife Commission:iiNed S. Holmes, Harris County;
Donato David Ramos, Webb County; Kelly Rising, Jefferson County.
Member, University of North Texas System Board of Regents:iiJohn Robert
"Bobby" Ray, Collin County.
Members, Texas Board on Aging:iiFrances Ann Brown, Denton County; Mi Yun
"Maryann" Choi,iM.D.,iM.P.H., Williamson County; Deborah Ann Hoffpauir, Collin
County.
Members, Credit Union Commission:iiGaroldiR. Base, Collin County; JamesiK.
Burnett, Denton County; Rufino Carbajal,iJr., El Paso County.
Members, Board of Nurse Examiners:iiDeborahiH. Bell, Taylor County; Virginia
Milam Campbell, Dallas County; Lawrence John Canfield, Bell County; Phyllis
Caves Rawley, El Paso County.
Members, Texas Optometry Board:iiJudy McClendon Eidson, Bexar County;
Fred FariasiIII,iO.D., Hidalgo County; Sharon LaRuth Johnson, Tarrant County.
Member, State Board for Educator Certification:iiCarlen Pool Floyd, Travis
County.
Member, Texas Board of Professional Engineers:iiShannoniK. McClendon, Hays
County.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Nelson and by unanimous consent, Senate Rule 11.10(a)
and Senate Rule 11.18(a) were suspended in order that the Committee on Health and
Human Services might meet and consider the following bills and resolutions
today:iiHCRi56, HCRi57, SCRi25, SBi56, SBi216, SBi1743.
Wednesday, April 30, 2003 SENATE JOURNAL 1227
NOTICE GIVEN FOR
LOCAL AND UNCONTESTED CALENDAR
Senator Harris announced that a Local and Uncontested Calendar had been
furnished to each Member of the Senate. He then gave notice that the Local and
Uncontested Calendar Session would be held at 8:00ia.m. tomorrow and that all bills
and resolutions would be considered on second and third reading in the order in which
they were listed.
SENATE RULE 11.13 SUSPENDED
(Consideration of Bills in Committees)
On motion of Senator Whitmire and by unanimous consent, Senate Rule 11.13
was suspended to grant all committees permission to meet while the Senate is meeting
tomorrow.
MOTION TO ADJOURN
On motion of Senator Whitmire and by unanimous consent, the Senate at
2:06ip.m. agreed to adjourn, in memory of those who died and in honor of those who
fought at the Battle of the Bulge, upon conclusion of the Local and Uncontested
Calendar Session, until 11:00ia.m. tomorrow.
RESOLUTIONS OF RECOGNITION
The following resolutions were adopted by the Senate:
Congratulatory Resolutions
SR 669 by Barrientos, Commending the Pi Sigma Alpha chapter at The University of
Texas at Austin.
SR 707 by Nelson, Commending Fort Worth Independent School District and
Birdville Independent School District for implementing the Step With It! program.
Official Designation Resolution
HCR 36 (Janek), Designating September 2003 as Leukemia and Lymphoma
Awareness Month in Texas.
Legislative Policy Resolutions
SCR 35 by Shapiro, Resolving that the State of Texas join in the observance of
Holocaust Remembrance Day on April 29, 2003.
SR 706 by Shapiro, Encouraging public and private institutions of higher education in
the State of Texas to adopt service learning as an important pedagogical tool.
RECESS
On motion of Senator Whitmire, the Senate at 2:06ip.m. recessed until 8:00ia.m.
tomorrow for the Local and Uncontested Calendar Session.
1228 78th Legislature — Regular Session 59th Day
AAAPPENDIXAA
COMMITTEE REPORTS
The following committee reports were received by the Secretary of the Senate inthe order listed:
April 30, 2003
GOVERNMENT ORGANIZATIONi—iCSSB 1771
STATE AFFAIRSi—iCSSB 977, CSSB 1213, CSSBi1611, CSSBi1752, CSSBi1804,CSSBi1836
FINANCEi—iCSSB 1646
STATE AFFAIRSi—iCSSB 1601
INFRASTRUCTURE DEVELOPMENT AND SECURITYi—iCSSBi344, SBi1407(Amended), CSSBi1499, CSSBi1517, CSSBi1706
INTERGOVERNMENTAL RELATIONSi—iCSSBi708, CSSBi991, CSSBi999,CSSBi1566, CSSBi1686, CSSBi1833
NATURAL RESOURCESi—iCSSBi1451, SBi1481, HBi2382
BUSINESS AND COMMERCEi—iSB 1278
SENT TO GOVERNOR
April 30, 2003
SBi151, SBi209, SBi354, SBi375, SBi491, SBi520, SBi761, SBi979, SBi1430,SBi1580
Wednesday, April 30, 2003 SENATE JOURNAL 1229