Monday, May 21, 2001

SENATE JOURNAL

SEVENTY-SEVENTH DAY

Monday, May 21, 2001

PROCEEDINGS

The Senate met at 9:00 a.m. pursuant to adjournment and was called to order by the President.

The roll was called and the following Senators were present: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini, Mr. President.

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

The Reverend Dr. Robert Jeffress, First Baptist Church, Wichita Falls, offered the invocation as follows:

Dear heavenly Father, we come before You today acknowledging that You are the only true God, the God who removes kings and establishes kings, the God from whom all true power and authority originate. God, I pray for each of these lawmakers and their staffs that You would grant them Your wisdom and power as they seek to do Your will. I pray for Your blessing and protection for their families while they are away. Most of all, I pray for all of us that when we stand in Your presence through Your grace, we might hear the words, "Well done, good and faithful servant." For it is in Your name we pray. Amen.

On motion of Senator Truan and by unanimous consent, the reading of the Journal of the proceedings of Friday, May 18, 2001, was dispensed with and the Journal was approved.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 21, 2001

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:

77th Legislature — Regular Session 77th Day

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

SCR 28, Memorializing Congress to repeal the regulation relating to the three-shell limit and the magazine plug requirement contained in Title 50 C.F.R. 20.21.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

SENATE BILL 1432 WITH HOUSE AMENDMENTS

Senator West called SB 1432 from the President's table for consideration of the House amendments to the bill.

The President laid the bill and the House amendments before the Senate.

Amendment

Amend SB 1432 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to truancy and the authority of justice, municipal, and certain juvenile courts in relation to children; providing criminal penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 25.002(f), Education Code, is amended to read as follows:

(f)  Except as otherwise provided by this subsection, for a child to be enrolled in a public school, the child must be enrolled by the child's parent or by the child's guardian or other person with legal control of the child under a court order. A school district shall record the name, address, and date of birth of the person enrolling a child.

SECTION 2. Section 25.091, Education Code, is amended to read as follows:

Sec. 25.091.  POWERS AND DUTIES OF PEACE OFFICERS AND OTHER ATTENDANCE OFFICERS [OFFICER ]. (a) A peace officer serving as an attendance officer has the following powers and duties concerning enforcement of compulsory school attendance requirements:

(1)  to investigate each case of a violation of compulsory school attendance requirements referred to the peace officer;

(2)  to enforce compulsory school attendance requirements by:

(A)  referring a student to a juvenile court or filing a complaint against a student in a justice or municipal court if the student has unexcused absences for the amount of time specified under Section 25.094 or under Section 51.03(b)(2), Family Code; and

(B)  filing a complaint in a justice or municipal court against a parent who violates Section 25.093;

(3)  to serve court-ordered legal process;

(4)  to review school attendance records for compliance by each student investigated by the officer;

(5)  to maintain an investigative record on each compulsory school attendance requirement violation and related court action and, at the request of a court, the board of trustees of a school district, or the commissioner, to provide a record to the individual or entity requesting the record;

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(6)  to make a home visit or otherwise contact the parent of a student who is in violation of compulsory school attendance requirements, except that a peace officer may not enter a residence without the permission of the parent of a student required under this subchapter to attend school or of the tenant or owner of the residence except to lawfully serve court-ordered legal process on the parent; and

(7)  to take a student into custody with the permission of the student's parent or in obedience to a court-ordered legal process.

(b)  An attendance officer employed by a school district who is not commissioned as a peace officer has the following powers and duties with respect to enforcement of compulsory school attendance requirements:

(1)  to investigate each case of a violation of the compulsory school attendance requirements referred to the attendance officer;

(2)  to enforce compulsory school attendance requirements by:

(A)  referring a student to a juvenile court or filing a complaint against a student in a justice or municipal court if the student has unexcused absences for the amount of time specified under Section 25.094 or under Section 51.03(b)(2), Family Code; and

(B)  filing a complaint in a justice or municipal court against a parent who violates Section 25.093;

(3)  to monitor school attendance compliance by each student investigated by the officer;

(4)  to maintain an investigative record on each compulsory school attendance requirement violation and related court action and, at the request of a court, the board of trustees of a school district, or the commissioner, to provide a record to the individual or entity requesting the record;

(5)  to make a home visit or otherwise contact the parent of a student who is in violation of compulsory school attendance requirements, except that the attendance officer may not enter a residence without permission of the parent or of the owner or tenant of the residence;

(6)  at the request of a parent, to escort a student from any location to a school campus to ensure the student's compliance with compulsory school attendance requirements; and

(7)  if the attendance officer has or is informed of a court-ordered legal process directing that a student be taken into custody and the school district employing the officer does not employ its own police department, to contact the sheriff, constable, or any peace officer to request that the student be taken into custody and processed according to the legal process.

(c)  In this section:

(1)  "Parent" includes a person standing in parental relation.

(2)  "Peace officer" has the meaning assigned by Article 2.12, Code of Criminal Procedure. [A school attendance officer has the following powers and duties:

[(1)  to investigate each case of unexcused absence from school;

[(2)  to administer oaths and to serve legal process;

[(3)  to enforce the compulsory school attendance law;

[(4)  to keep a record of each case of any kind investigated by the officer in the discharge of the officer's duties;

[(5)  to make any report required by the commissioner concerning the discharge of the officer's duties; and

77th Legislature — Regular Session 77th Day

[(6)  to refer to a juvenile court or to a justice court if the juvenile court has waived jurisdiction as provided by Section 54.021(a), Family Code, any student who has unexcused voluntary absences for the amount of time specified under Section 51.03(b)(2), Family Code, or to file a complaint against any person standing in parental relation who violates Section 25.093 or to file a complaint against a student who violates Section 25.094.

[(b)  A school attendance officer may not enter a private residence or any part of a private residence without the permission of the owner or tenant except to serve lawful process on a parent, guardian, or other person standing in parental relation to a child to whom the compulsory school attendance law applies.

[(c)  A school attendance officer may not forcibly take corporal custody of any child anywhere without permission of the parent, guardian, or other person standing in parental relation to the child except in obedience to a valid process issued by a court of competent jurisdiction. ]

SECTION 3. Section 25.093, Education Code, is amended to read as follows:

Sec. 25.093.  PARENT CONTRIBUTING TO TRUANCY [THWARTING COMPULSORY ATTENDANCE LAW ]. (a) [If any parent of a child required to attend school fails to require the child to attend school as required by law, the school attendance officer shall warn the parent in writing that attendance is immediately required.

[(b) ]  If[, after ] a warning is issued as required by Section 25.095(a) [under Subsection (a) ], the parent with criminal negligence fails to require the child to attend school as required by law, and the child has [unexcused voluntary ] absences for the amount of time specified under Section 25.094 [51.03(b)(2), Family Code ], the parent commits an offense.

(b) [(c) ]  The attendance officer or other appropriate school official shall file a complaint against the parent [in the county court, ] in a justice court of any precinct in the county in which the parent resides or in which the school is located[, ] or in a municipal court of the municipality in which the parent resides or in which the school is located.

(c)  [The attendance officer shall file a complaint under this section in the court to which the parent's child has been referred for engaging in conduct described in Section 51.03(b)(2), Family Code, if a referral has been made for the child. If a referral has not been made, the attendance officer shall refer the child to the county juvenile probation department for action as engaging in conduct indicating a need for supervision under that section.

[(d)  A court in which a complaint is filed under this section shall give preference to a hearing on the complaint over other cases before the court.

[(e) ]  An offense under Subsection (a) [this section ] is a Class C misdemeanor. Each day the child remains out of school after [the warning has been given or ] the child has been ordered to attend school by a [the juvenile ] court may constitute a separate offense. Two or more offenses under Subsection (a) [this section ] may be consolidated and prosecuted in a single action. If the court orders deferred disposition under Article 45.051, Code of Criminal Procedure [probates the sentence ], the court may require the defendant to provide [render ] personal services to a charitable or educational institution as a condition of the deferral [probation ].

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(d) [(f) ]  A fine collected under this section shall be deposited as follows:

(1)  one-half shall be deposited to the credit of the operating fund of the school district in which the child attends school or of the juvenile justice alternative education program that the child has been ordered to attend, as applicable; and

(2)  one-half shall be deposited to the credit of:

(A)  the general fund of the county, if the complaint is filed in the [county court or ] justice court; or

(B)  the general fund of the municipality, if the complaint is filed in municipal court.

(e) [(g) ]  At the trial of any person charged with violating Subsection (a) [this section ], the attendance records of the child may be presented in court by any authorized employee of the school district.

(f) [(h) ]  The court in which a conviction, deferred adjudication, or deferred disposition for an offense under Subsection (a) [this section ] occurs may order the defendant to attend a program [class ] for parents of students with unexcused absences that provides instruction designed to assist those parents in identifying problems that contribute to the students' unexcused absences and in developing strategies for resolving those problems if a program is available [the school district in which the person resides offers such a class ].

(g)  If a parent refuses to obey a court order entered under this section, the court may punish the parent for contempt of court under Section 21.002, Government Code.

(h)  It is an affirmative defense to prosecution for an offense under Subsection (a) that one or more of the absences required to be proven under Subsection (a) was excused by a school official or should be excused by the court. The burden is on the defendant to show by a preponderance of the evidence that the absence has been or should be excused. A decision by the court to excuse an absence for purposes of this section does not affect the ability of the school district to determine whether to excuse the absence for another purpose.

(i)  In this section, "parent" includes a person standing in parental relation.

SECTION 4. Section 25.094, Education Code, is amended to read as follows:

Sec. 25.094.  FAILURE TO ATTEND SCHOOL. (a) An individual [A child ] commits an offense if the individual [child ]:

(1)  is required to attend school under Section 25.085; and

(2)  fails to attend school on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period [for the amount of time specified under Section 51.03(b)(2), Family Code, and is not excused under Section 25.087 ].

(b)  An offense under this section may be prosecuted in a justice court of any precinct in the county in which the individual [child ] resides or in which the school is located or in a municipal court in the municipality in which the individual [child ] resides or in which the school is located.

(c)  On a finding by the justice or municipal court that the individual [child ] has committed an offense under Subsection (a) or on a finding by a juvenile court in a county with a population of less than 100,000 that the individual has engaged in conduct that violates Subsection (a), the court may enter an order that includes one or more of the requirements listed in Article 45.054, Code of Criminal Procedure [Section 54.021(d), Family Code ].

77th Legislature — Regular Session 77th Day

(d)  [If the justice or municipal court finds that a child has violated an order issued under Subsection (c), the court shall transfer the complaint against the child, together with all pleadings and orders, to a juvenile court for the county in which the child resides. The juvenile court shall conduct an adjudication hearing as provided by Section 54.03, Family Code. The adjudication hearing shall be de novo.

[(e) ]  Pursuant to an order of the justice or municipal court based on an affidavit showing probable cause to believe that an individual has committed an offense under this section, a peace officer may take the individual [a child ] into custody [if there are reasonable grounds to believe that the child has committed an offense under this section ]. A peace officer taking an individual [a child ] into custody under this subsection shall:

(1)  promptly notify the individual's [child's ] parent, guardian, or custodian of the officer's action and the reason for that action; and

(2)  without unnecessary delay:

(A)  release the individual [child ] to the individual's [child's ] parent, guardian, or custodian or to another responsible adult, if the person promises to bring the individual [child ] to the justice or municipal court as requested by the court; or

(B)  bring the individual [child ] to a justice or municipal court with venue over the offense [the justice of the peace of the court having jurisdiction over the child ].

(e) [(f) ]  An offense under this section is a Class C misdemeanor.

(f)  It is an affirmative defense to prosecution under this section that one or more of the absences required to be proven under Subsection (a) was excused by a school official or should be excused by the court. The burden is on the defendant to show by a preponderance of the evidence that the absence has been or should be excused. A decision by the court to excuse an absence for purposes of this section does not affect the ability of the school district to determine whether to excuse the absence for another purpose.

(g)  It is an affirmative defense to prosecution under this section that one or more of the absences required to be proven under Subsection (a) was involuntary. The burden is on the defendant to show by a preponderance of the evidence that the absence was involuntary.

[(g)  Any person convicted of not more than one violation under this section while a minor, on attaining the age of 18 years, may apply to the court in which the person was convicted to have the conviction expunged.

[(h)  The application must contain the applicant's sworn statement that the person was not convicted of any violation of this section while a minor other than the one the person seeks to have expunged.

[(i)  If the court finds that the applicant was not convicted of any other violation of this section while the person was a minor, the court shall order the conviction, together with all complaints, verdicts, sentences, and other documents relating to the offense, to be expunged from the applicant's record. After entry of the order, the applicant shall be released from all disabilities resulting from the conviction, and the conviction may not be shown or made known for any purpose. ]

SECTION 5. Section 25.095, Education Code, is amended to read as follows:

Sec. 25.095.  WARNING NOTICES [NOTICE ]. (a) A school district shall notify a student's parent in writing at the beginning of the school year [if, in a six-month period, the student has been absent without an excuse five times for any part of the day. The notice must state ] that if the student is absent from school on [without an excuse

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for ] 10 or more days or parts of days within [in ] a six-month period in the same school year or on three or more days or parts of days within a four-week period:

(1)  the student's parent is subject to prosecution under Section 25.093; and

(2)  the student is subject to prosecution under Section 25.094 or to referral to a juvenile court in a county with a population of less than 100,000 for conduct that violates that section.

(b)  A school district shall notify a student's parent if the student has been absent from school on three days or parts of days within a four-week period. The notice must:

(1)  inform the parent that:

(A)  it is the parent's duty to monitor the student's school attendance and require the student to attend school; and

(B)  the parent is subject to prosecution under Section 25.093; and

(2)  request a conference between school officials and the parent to discuss the absences. [Notice is not required under this section if the student is a party to a juvenile court proceeding for conduct described by Section 51.03(b)(2), Family Code. ]

(c)  The fact that a parent did not receive a notice under Subsection (a) or (b) [this section ] does not create a defense to prosecution under Section 25.093 or 25.094.

(d)  In this section, "parent" includes a person standing in parental relation.

SECTION 6. Subchapter C, Chapter 25, Education Code, is amended by adding Sections 25.0951 and 25.0952 to read as follows:

Sec. 25.0951.  SCHOOL DISTRICT COMPLAINT OR REFERRAL FOR FAILURE TO ATTEND SCHOOL. (a) If a student fails to attend school without excuse on 10 or more days or parts of days within a six-month period in the same school year, a school district shall:

(1)  file a complaint against the student or the student's parent or both in a justice or municipal court for an offense under Section 25.093 or 25.094, as appropriate, or refer the student to a juvenile court in a county with a population of less than 100,000 for conduct that violates Section 25.094; or

(2)  refer the student to a juvenile court for conduct indicating a need for supervision under Section 51.03(b)(2), Family Code.

(b)  If a student fails to attend school without excuse on three or more days or parts of days within a four-week period but does not fail to attend school for the time described by Subsection (a), the school district may:

(1)  file a complaint against the student or the student's parent or both in a justice or municipal court for an offense under Section 25.093 or 25.094, as appropriate, or refer the student to a juvenile court in a county with a population of less than 100,000 for conduct that violates Section 25.094; or

(2)  refer the student to a juvenile court for conduct indicating a need for supervision under Section 51.03(b)(2), Family Code.

(c)  In this section, "parent" includes a person standing in parental relation.

Sec. 25.0952.  PROCEDURES APPLICABLE TO TRUANCY-RELATED OFFENSES. In a proceeding in a justice or municipal court based on a complaint under Section 25.093 or 25.094, the court shall, except as otherwise provided by this chapter, use the procedures and exercise the powers authorized by Chapter 45, Code of Criminal Procedure.

SECTION 7. Article 45.050, Code of Criminal Procedure, is amended to read as follows:

77th Legislature — Regular Session 77th Day

Art. 45.050.  FAILURE TO PAY FINE; CONTEMPT: JUVENILES. (a) In this article, "child" has the meaning assigned by Article 45.058(h).

(b)  A justice [court ] or municipal court may not order the confinement of a [person who is a ] child [for the purposes of Title 3, Family Code, ] for:

(1)  the failure to pay all or any part of a fine or costs imposed for the conviction of an offense punishable by fine only; or

(2)  contempt of another order of a justice or municipal court.

(c) [(b) ]  If a [person who is a ] child [under Section 51.02, Family Code, ] fails to obey an order of a justice or municipal court under circumstances that would constitute contempt of court, the justice or municipal court [has jurisdiction to ]:

(1)  has jurisdiction to [hold the child in contempt of the justice or municipal court order as provided by Section 52.027(h), Family Code; or

[(2) ]  refer the child to the appropriate juvenile court for delinquent conduct for contempt of the justice or municipal court order; or

(2)  may retain jurisdiction of the case and:

(A)  hold the child in contempt of the justice or municipal court order and impose a fine not to exceed $500; or

(B)  order the Department of Public Safety to suspend the child's driver's license or permit or, if the child does not have a license or permit, to deny the issuance of a license or permit to the child until the child fully complies with the orders of the court.

(d)  A court that orders suspension or denial of a driver's license or permit under Subsection (c)(2)(B) shall notify the Department of Public Safety on receiving proof that the child has fully complied with the orders of the court.

SECTION 8. Subchapter B, Chapter 45, Code of Criminal Procedure, is amended by adding Articles 45.054-45.059 to read as follows:

Art. 45.054.  FAILURE TO ATTEND SCHOOL PROCEEDINGS. (a) On a finding by a justice or municipal court that an individual has committed an offense under Section 25.094, Education Code, the court has jurisdiction to enter an order that includes one or more of the following provisions requiring that:

(1)  the individual:

(A)  attend school without unexcused absences;

(B)  attend a preparatory class for the high school equivalency examination administered under Section 7.111, Education Code, if the court determines that the individual is too old to do well in a formal classroom environment; or

(C)  if the individual is at least 16 years of age, take the high school equivalency examination administered under Section 7.111, Education Code;

(2)  the individual attend a special program that the court determines to be in the best interest of the individual, including:

(A)  an alcohol and drug abuse program;

(B)  a rehabilitation program;

(C)  a counseling program, including self-improvement counseling;

(D)  a program that provides training in self-esteem and leadership;

(E)  a work and job skills training program;

(F)  a program that provides training in parenting, including parental responsibility;

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(G)  a program that provides training in manners;

(H)  a program that provides training in violence avoidance;

(I)  a program that provides sensitivity training; and

(J)  a program that provides training in advocacy and mentoring;

(3)  the individual and the individual's parent attend a class for students at risk of dropping out of school designed for both the individual and the individual's parent;

(4)  the individual complete reasonable community service requirements; or

(5)  for the total number of hours ordered by the court, the individual participate in a tutorial program covering the academic subjects in which the student is enrolled provided by the school the individual attends.

(b)  An order under Subsection (a)(3) that requires the parent of an individual to attend a class for students at risk of dropping out of school is enforceable in the justice or municipal court by contempt.

(c)  A court having jurisdiction under this section shall endorse on the summons issued to the parent of the individual who is the subject of the hearing an order directing the parent to appear personally at the hearing and directing the person having custody of the individual to bring the individual to the hearing.

(d)  An individual commits an offense if the individual is a parent who fails to attend a hearing under this section after receiving notice under Subsection (c) that the individual's attendance is required. An offense under this subsection is a Class C misdemeanor.

(e)  On the commencement of proceedings under this article, the court shall inform the individual who is the subject of the hearing and the individual's parent in open court of the individual's expunction rights and provide the individual and the individual's parent with a written copy of Article 45.055.

(f)  In addition to any other order authorized by this article, the court may order the Department of Public Safety to suspend the driver's license or permit of the individual who is the subject of the hearing or, if the individual does not have a license or permit, to deny the issuance of a license or permit to the individual for a period specified by the court not to exceed 365 days.

(g)  A dispositional order under this article is effective for the period specified by the court in the order but may not extend beyond the 180th day after the date of the order or beyond the end of the school year in which the order was entered, whichever period is longer.

(h)  In this article, "parent" includes a person standing in parental relation.

Art. 45.055.  EXPUNCTION OF CONVICTION AND RECORDS IN FAILURE TO ATTEND SCHOOL CASES. (a) An individual convicted of not more than one violation of Section 25.094, Education Code, may, on or after the individual's 18th birthday, apply to the court in which the individual was convicted to have the conviction and records relating to the conviction expunged.

(b)  To apply for an expunction, the applicant must submit a written request that:

(1)  is made under oath;

(2)  states that the applicant has not been convicted of more than one violation of Section 25.094, Education Code; and

(3)  is in the form determined by the applicant.

(c)  The court may expunge the conviction and records relating to the conviction without a hearing or, if facts are in doubt, may order a hearing on the application. If the court finds that the applicant has not been convicted of more than one violation of

77th Legislature — Regular Session 77th Day

Section 25.094, Education Code, the court shall order the conviction, together with all complaints, verdicts, sentences, and other documents relating to the offense, including any documents in the possession of a school district or law enforcement agency, to be expunged from the applicant's record. After entry of the order, the applicant is released from all disabilities resulting from the conviction, and the conviction may not be shown or made known for any purpose. The court shall inform the applicant of the court's decision on the application.

(d)  The justice or municipal court may not require an individual who files an application under this article to pay any fee or court costs for seeking expunction.

Art. 45.056.  AUTHORITY TO EMPLOY TRUANCY CASE MANAGERS; REIMBURSEMENT. (a) On approval of the commissioners court, city council, school district board of trustees, juvenile board, or other appropriate authority, a justice court, municipal court, school district, juvenile probation department, or other appropriate governmental entity may:

(1)  employ a case manager to provide services in truancy cases; or

(2)  agree in accordance with Chapter 791, Government Code, to jointly employ a case manager to provide services in truancy cases.

(b)  A local entity may apply or more than one local entity may jointly apply to the criminal justice division of the governor's office for reimbursement of all or part of the costs of employing one or more truancy case managers from funds appropriated to the governor's office or otherwise available for that purpose. To be eligible for reimbursement, the entity applying must present to the governor's office a comprehensive plan to reduce truancy in the entity's jurisdiction that addresses the role of the case manager in that effort.

Art. 45.057.  OFFENSES COMMITTED BY JUVENILES. (a) In this article, "child" has the meaning assigned by Article 45.058(h).

(b)  On a finding by a justice or municipal court that a child committed an offense that the court has jurisdiction of under Article 4.11 or 4.14, other than a traffic offense, the court has jurisdiction to enter an order:

(1)  referring the child or the child's parent, managing conservator, or guardian for services under Section 264.302, Family Code;

(2)  requiring that the child attend a special program that the court determines to be in the best interest of the child and, if the program involves the expenditure of county funds, that is approved by the county commissioners court, including a rehabilitation, counseling, self-esteem and leadership, work and job skills training, job interviewing and work preparation, self-improvement, parenting, manners, violence avoidance, tutoring, sensitivity training, parental responsibility, community service, restitution, advocacy, or mentoring program; or

(3)  if the court finds the parent, managing conservator, or guardian, by act or omission, contributed to, caused, or encouraged the child's conduct, requiring that the child's parent, managing conservator, or guardian do any act or refrain from doing any act that the court determines will increase the likelihood that the child will comply with the orders of the court and that is reasonable and necessary for the welfare of the child, including:

(A)  attend a parenting class or parental responsibility program; and

(B)  attend the child's school classes or functions.

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(c)  The justice or municipal court may order the parent, managing conservator, or guardian of a child required to attend a program under Subsection (b) to pay an amount not greater than $100 to pay for the costs of the program.

(d)  A justice or municipal court may require a child, parent, managing conservator, or guardian required to attend a program, class, or function under this article to submit proof of attendance to the court.

(e)  A justice or municipal court shall endorse on the summons issued to a parent, managing conservator, or guardian an order to appear personally at the hearing with the child. The summons must include a warning that the failure of the parent, managing conservator, or guardian to appear may be punishable as a Class C misdemeanor.

(f)  An order under this article involving a child is enforceable under Article 45.050.

(g)  A person commits an offense if the person is a parent, managing conservator, or guardian who fails to attend a hearing under this article after receiving an order under Subsection (e). An offense under this subsection is a Class C misdemeanor.

(h)  Any other order under this article is enforceable by the justice or municipal court by contempt.

Art. 45.058.  CHILDREN TAKEN INTO CUSTODY. (a) A child may be released to the child's parent, guardian, custodian, or other responsible adult as provided by Section 52.02(a)(1), Family Code, if the child is taken into custody for an offense that a justice or municipal court has jurisdiction of under Article 4.11 or 4.14, other than public intoxication.

(b)  A child described by Subsection (a) must be taken only to a place previously designated by the head of the law enforcement agency with custody of the child as an appropriate place of nonsecure custody for children unless the child:

(1)  is released under Section 52.02(a)(1), Family Code; or

(2)  is taken before a justice or municipal court.

(c)  A place of nonsecure custody for children must be an unlocked, multipurpose area. A lobby, office, or interrogation room is suitable if the area is not designated, set aside, or used as a secure detention area and is not part of a secure detention area. A place of nonsecure custody may be a juvenile processing office designated under Section 52.025, Family Code, if the area is not locked when it is used as a place of nonsecure custody.

(d)  The following procedures shall be followed in a place of nonsecure custody for children:

(1)  a child may not be secured physically to a cuffing rail, chair, desk, or other stationary object;

(2)  the child may be held in the nonsecure facility only long enough to accomplish the purpose of identification, investigation, processing, release to parents, or the arranging of transportation to the appropriate juvenile court, juvenile detention facility, secure detention facility, justice court, or municipal court;

(3)  residential use of the area is prohibited; and

(4)  the child shall be under continuous visual supervision by a law enforcement officer or facility staff person during the time the child is in nonsecure custody.

(e)  Notwithstanding any other provision of this article, a child may not, under any circumstances, be detained in a place of nonsecure custody for more than six hours.

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(f)  A child taken into custody for an offense that a justice or municipal court has jurisdiction of under Article 4.11 or 4.14, other than public intoxication, may be presented or detained in a detention facility designated by the juvenile court under Section 52.02(a)(3), Family Code, only if:

(1)  the child's non-traffic case is transferred to the juvenile court by a justice or municipal court under Section 51.08(b), Family Code; or

(2)  the child is referred to the juvenile court by a justice or municipal court for contempt of court under Article 45.050.

(g)  A law enforcement officer may issue a field release citation as provided by Article 14.06 in place of taking a child into custody for a traffic offense or an offense, other than public intoxication, punishable by fine only.

(h)  In this article, "child" means a person who is:

(1)  at least 10 years of age and younger than 17 years of age; and

(2)  charged with or convicted of an offense that a justice or municipal court has jurisdiction of under Article 4.11 or 4.14.

Art. 45.059.  CHILDREN TAKEN INTO CUSTODY FOR VIOLATION OF JUVENILE CURFEW OR ORDER. (a) A peace officer taking into custody a person younger than 17 years of age for violation of a juvenile curfew ordinance of a municipality or order of the commissioners court of a county shall, without unnecessary delay:

(1)  release the person to the person's parent, guardian, or custodian;

(2)  take the person before a justice or municipal court to answer the charge; or

(3)  take the person to a place designated as a juvenile curfew processing office by the head of the law enforcement agency having custody of the person.

(b)  A juvenile curfew processing office must observe the following procedures:

(1)  the office must be an unlocked, multipurpose area that is not designated, set aside, or used as a secure detention area or part of a secure detention area;

(2)  the person may not be secured physically to a cuffing rail, chair, desk, or stationary object;

(3)  the person may not be held longer than necessary to accomplish the purposes of identification, investigation, processing, release to a parent, guardian, or custodian, or arrangement of transportation to school or court;

(4)  a juvenile curfew processing office may not be designated or intended for residential purposes;

(5)  the person must be under continuous visual supervision by a peace officer or other person during the time the person is in the juvenile curfew processing office; and

(6)  a person may not be held in a juvenile curfew processing office for more than six hours.

(c)  A place designated under this article as a juvenile curfew processing office is not subject to the approval of the juvenile board having jurisdiction where the governmental entity is located.

SECTION 9. Article 102.014(d), Code of Criminal Procedure, is amended to read as follows:

(d)  A person convicted of an offense under Section 25.093 or 25.094, Education Code, [or a child convicted of an offense under Section 25.094, Education Code, ] shall

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pay as taxable court costs $20 in addition to other taxable court costs. The additional court costs under this subsection shall be collected in the same manner that other fines and taxable court costs in the case are collected.

SECTION 10. Section 51.03, Family Code, is amended by amending Subsections (b), (d), (e), and (f) and adding Subsection (g) to read as follows:

(b)  Conduct indicating a need for supervision is:

(1)  subject to Subsection (f) [of this section ], conduct, other than a traffic offense, that violates:

(A)  the penal laws of this state of the grade of misdemeanor that are punishable by fine only; or

(B)  the penal ordinances of any political subdivision of this state;

(2)  the [unexcused voluntary ] absence of a child on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period from school [without the consent of his parents ];

(3)  the voluntary absence of a child from the child's [his ] home without the consent of the child's [his ] parent or guardian for a substantial length of time or without intent to return;

(4)  conduct prohibited by city ordinance or by state law involving the inhalation of the fumes or vapors of paint and other protective coatings or glue and other adhesives and the volatile chemicals itemized in Section 484.002, Health and Safety Code;

(5)  an act that violates a school district's previously communicated written standards of student conduct for which the child has been expelled under Section 37.007(c), Education Code; or

(6)  conduct that violates a reasonable and lawful order of a court entered under Section 264.305.

(d)  It is an affirmative defense to an allegation of conduct under Subsection (b)(2) that one or more of the absences required to be proven under that subsection have been excused by a school official or should be excused by the court or that one of the absences was involuntary. The burden is on the respondent to show by a preponderance of the evidence that the absence has been or should be excused or that the absence was involuntary. A decision by the court to excuse an absence for purposes of this subsection does not affect the ability of the school district to determine whether to excuse the absence for another purpose. [For the purpose of Subsection (b)(2) of this section an absence is excused when the absence results from:

[(1)  illness of the child;

[(2)  illness or death in the family of the child;

[(3)  quarantine of the child and family;

[(4)  weather or road conditions making travel dangerous;

[(5)  an absence approved by a teacher, principal, or superintendent of the school in which the child is enrolled; or

[(6)  circumstances found reasonable and proper. ]

(e)  For the purposes of [Subdivisions (2) and (3) of ] Subsection (b)(3) [(b) of this section ], "child" does not include a person who is married, divorced, or widowed.

(f)  Except as provided by Subsection (g), conduct [Conduct ] described under Subsection (b)(1) [of this section ], other than conduct that violates Section 49.02,

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Penal Code, prohibiting public intoxication, does not constitute conduct indicating a need for supervision unless the child has been referred to the juvenile court under Section 51.08(b) [of this code ].

(g)  In a county with a population of less than 100,000, conduct described by Subsection (b)(1)(A) that violates Section 25.094, Education Code, is conduct indicating a need for supervision.

SECTION 11. Section 51.04, Family Code, is amended by amending Subsection (a) and adding Subsection (h) to read as follows:

(a)  This title covers the proceedings in all cases involving the delinquent conduct or conduct indicating a need for supervision engaged in by a person who was a child within the meaning of this title at the time the person [he ] engaged in the conduct, and, except as provided by Subsection (h), the juvenile court has exclusive original jurisdiction over proceedings under this title.

(h)  In a county with a population of less than 100,000, the juvenile court has concurrent jurisdiction with the justice and municipal courts over conduct engaged in by a child that violates Section 25.094, Education Code.

SECTION 12. Section 51.12(a), Family Code, is amended to read as follows:

(a)  Except as provided by Subsection (h), a child may be detained only in a:

(1)  juvenile processing office in compliance with Section 52.025;

(2)  place of nonsecure custody in compliance with Article 45.058, Code of Criminal Procedure [Section 52.027 ];

(3)  certified juvenile detention facility that complies with the requirements of Subsection (f);

(4)  secure detention facility as provided by Subsection (j); or

(5)  county jail or other facility as provided by Subsection (l).

SECTION 13. Section 54.021(b), Family Code, is amended to read as follows:

(b)  A justice or municipal court may exercise jurisdiction over a person alleged to have engaged in conduct indicating a need for supervision by engaging in conduct described in Section 51.03(b)(2) in a case where:

(1)  the juvenile court has waived its original jurisdiction under this section; and

(2)  a complaint is filed by the appropriate authority in the justice or municipal court charging an offense under Section 25.094, Education Code.

(c)  A proceeding in a justice or municipal court on a complaint charging an offense under Section 25.094, Education Code, is governed by Chapter 45, Code of Criminal Procedure. [A justice or municipal court may exercise jurisdiction under this section without regard to whether the justice of the peace or municipal judge for the court is a licensed attorney or the hearing for a case is before a jury consisting of six persons. ]

SECTION 14. Section 54.041(f), Family Code, is amended to read as follows:

(f)  If a child is found to have engaged in conduct indicating a need for supervision described under Section 51.03(b)(2) or (g) [of this code ], the court may order the child's parents or guardians to attend a program [class ] described by Section 25.093(f) [25.093(h) ], Education Code, if a program is available [the school district in which the child's parents or guardians reside offers a class under that section ].

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SECTION 15. Section 264.302(e), Family Code, is amended to read as follows:

(e)  The department shall provide services for a child and the child's family if a contract to provide services under this section is available in the county and the child is referred to the department as an at-risk child by:

(1)  a court under Section 264.304;

(2)  a juvenile court or probation department as part of a progressive sanctions program under Chapter 59;

(3)  a law enforcement officer or agency under Section 52.03; or

(4)  a justice or municipal court under Article 45.057, Code of Criminal Procedure [Section 54.022 ].

SECTION 16. Section 7.111(a), Education Code, as amended by Chapters 76 and 1282, Acts of the 76th Legislature, Regular Session, 1999, is amended to read as follows:

(a)  The board shall provide for the administration of high school equivalency examinations. A person who does not have a high school diploma may take the examination in accordance with rules adopted by the board if the person is:

(1)  over 17 years of age; [or ]

(2)  16 years of age or older and:

(A)  is enrolled in a Job Corps training program under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 et seq.) [Job Training Partnership Act (29 U.S.C. Section 1501 et seq.) ], and its subsequent amendments; or

(B)  a public agency providing supervision of the person or having custody of the person under a court order recommends that the person take the examination; or

(3)  required to take the examination under a justice or municipal court order issued under Article 45.054(a)(1)(C), Code of Criminal Procedure [Section 54.021(d)(1)(B), Family Code ].

SECTION 17. Section 351.903(b), Local Government Code, is amended to read as follows:

(b)  This authority includes the authority to:

(1)  establish the hours of the curfew, including different hours for different days of the week;

(2)  apply different curfew hours to different age groups of juveniles;

(3)  describe the kinds of conduct subject to the curfew;

(4)  determine the locations to which the curfew applies;

(5)  determine which persons incur liability if a violation of the curfew occurs;

(6)  prescribe procedures, in compliance with Article 45.059, Code of Criminal Procedure [Section 52.028, Family Code ], a police officer must follow in enforcing the curfew; and

(7)  establish exemptions to the curfew, including but not limited to exemptions for times when there are no classes being conducted, for holidays, and for persons going to or from work.

SECTION 18. (a) Section 25.096, Education Code, is repealed.

(b)  Sections 52.027, 52.028, 54.021(c)-(h), and 54.022, Family Code, are repealed.

SECTION 19. The change in law made by this Act applies only to a defendant charged with an offense committed or, for the purposes of Title 3, Family Code, a child alleged to have engaged in conduct that occurs on or after the effective date of this Act.

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An offense committed or conduct that occurs before the effective date of this Act is covered by the law in effect when the offense was committed or the conduct occurred, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if every element of the offense occurred before that date, and conduct violating a penal law of this state occurred before the effective date of this Act if every element of the violation occurred before that date.

SECTION 20. For purposes of Sections 25.093 and 25.094, Education Code, and Section 51.03, Family Code, as amended by this Act, and Section 25.0951, Education Code, as added by this Act, an absence that occurs during the 2001-2002 school year is included in determining the number of a student's absences, regardless of whether the absence occurred before the effective date of this Act.

SECTION 21. This Act takes effect September 1, 2001.

Floor Amendment No. 1

Amend CSSB 1432 on page 6, lines 18-21, by striking "Each day the child remains out of school after [the warning has been given or ] the child has been ordered to attend school by a [the juvenile ] court may constitute a separate offense." and substituting "Each day the child remains out of school [after the warning has been given or the child has been ordered to attend school by the juvenile court ] may constitute a separate offense."

Amendment No. 2

Amend CSSB 1432 on page 30 as follows:

In SECTION 16 of the bill, amend Section 7.111, Education Code, by adding a new subsection (b) to read as follows:

(b) The commissioner may authorize a program and adopt an application process for graduate equivalency examination classes in public schools for students at least 16 years of age. The commissioner shall determine appropriate funding for programs under this section consistent with Sections 25.081 and 25.082 and shall require administration of appropriate assessments required under Section 39.023 as a requirement of participation in the program. The commissioner may make rules to implement this section.

The amendments were read.

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

The motion prevailed.

The President asked if there were any motions to instruct the conference committee on SB 1432 before appointment.

There were no motions offered.

The President announced the appointment of the following conferees on the part of the Senate on the bill: Senators West, Chair; Zaffirini, Van de Putte, Shapiro, and Ogden.

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SENATE BILL 1074 WITH HOUSE AMENDMENTS

Senator West called SB 1074 from the President's table for consideration of the House amendments to the bill.

The President laid the bill and the House amendments before the Senate.

Amendment

Amend SB 1074 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to the prevention of racial profiling by certain peace officers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1.  Chapter 2, Code of Criminal Procedure, is amended by adding Articles 2.131 through 2.136 to read as follows:

Art. 2.131.  RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling.

Art. 2.132.  LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a)  In this article:

(1)  "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties.

(2)  "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent.

(b)  Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must:

(1)  clearly define acts constituting racial profiling;

(2)  strictly prohibit peace officers employed by the agency from engaging in racial profiling;

(3)  implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual;

(4)  provide public education relating to the agency's complaint process;

(5)  require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article;

(6)  require collection of information relating to traffic stops in which a citation is issued and to arrests resulting from those traffic stops, including information relating to:

(A)  the race or ethnicity of the individual detained; and

(B)  whether a search was conducted and, if so, whether the person detained consented to the search; and

(7)  require the agency to submit to the governing body of each county or municipality served by the agency an annual report of the information collected under Subdivision (6) if the agency is an agency of a county, municipality, or other political subdivision of the state.

(c)  The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling.

77th Legislature — Regular Session 77th Day

(d)  On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make traffic stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make traffic stops. If a law enforcement agency installs video or audio equipment as provided by this subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation.

(e)  A report required under Subsection (b)(7) may not include identifying information about a peace officer who makes a traffic stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6).

Art. 2.133.  REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN STOPS. (a)  In this article, "race or ethnicity" has the meaning assigned by Article 2.132(a).

(b)  A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic or who stops a pedestrian for any suspected offense shall report to the law enforcement agency that employs the officer information relating to the stop, including:

(1)  a physical description of each person detained as a result of the stop, including:

(A)  the person's gender; and

(B)  the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability;

(2)  the traffic law or ordinance alleged to have been violated or the suspected offense;

(3)  whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search;

(4)  whether any contraband was discovered in the course of the search and the type of contraband discovered;

(5)  whether probable cause to search existed and the facts supporting the existence of that probable cause;

(6)  whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged;

(7)  the street address or approximate location of the stop; and

(8)  whether the officer issued a warning or a citation as a result of the stop, including a description of the warning or a statement of the violation charged.

Art. 2.134.  COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a)  A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each local law enforcement agency shall submit a report containing the information compiled during the previous calendar year to the governing body of each county or municipality served by the agency in a manner approved by the agency.

(b)  A report required under Subsection (a) must include:

(1)  a comparative analysis of the information compiled under Article 2.133 to:

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(A)  determine the prevalence of racial profiling by peace officers employed by the agency; and

(B)  examine the disposition of traffic and pedestrian stops made by officers employed by the agency, including searches resulting from the stops; and

(2)  information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling.

(c)  A report required under Subsection (a)  may not include identifying information about a peace officer who makes a traffic or pedestrian stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1).

(d)  The Commission on Law Enforcement Officer Standards and Education shall develop guidelines for compiling and reporting information as required by this article.

(e)  The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling.

Art. 2.135.  EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a)  A peace officer is exempt from the reporting requirement under Article 2.133 and a law enforcement agency is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if, during the calendar year preceding the date that a report under Article 2.134 is required to be submitted:

(1)  each law enforcement motor vehicle regularly used by an officer employed by the agency to make traffic and pedestrian stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make traffic and pedestrian stops is equipped with transmitter-activated equipment; and

(2)  each traffic and pedestrian stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment.

(b)  Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each traffic and pedestrian stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a traffic or pedestrian stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint.

(c)  This article does not affect the collection or reporting requirements under Article 2.132.

Art. 2.136.  LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132.

SECTION 2.  Chapter 3, Code of Criminal Procedure, is amended by adding Article 3.05 to read as follows:

Art. 3.05.  RACIAL PROFILING. In this code, "racial profiling" means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity.

SECTION 3.  Section 96.641, Education Code, is amended by adding Subsection (j) to read as follows:

77th Legislature — Regular Session 77th Day

(j)  As part of the initial training and continuing education for police chiefs required under this section, the institute shall establish a program on racial profiling. The program must include an examination of the best practices for:

(1)  monitoring peace officers' compliance with laws and internal agency policies relating to racial profiling;

(2)  implementing laws and internal agency policies relating to preventing racial profiling; and

(3)  analyzing and reporting collected information.

SECTION 4.  Section 1701.253, Occupations Code, is amended by adding Subsection (e) to read as follows:

(e)  As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on racial profiling for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier.

SECTION 5.  Section 1701.402, Occupations Code, is amended by adding Subsection (d) to read as follows:

(d)  As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on racial profiling established by the commission under Section 1701.253(e).

SECTION 6.  Section 543.202, Transportation Code, is amended to read as follows:

Sec. 543.202.  FORM OF RECORD. (a)  In this section, "race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent.

(b)  The record must be made on a form or by a data processing method acceptable to the department and must include:

(1)  the name, address, physical description, including race or ethnicity, date of birth, and driver's license number of the person charged;

(2)  the registration number of the vehicle involved;

(3)  whether the vehicle was a commercial motor vehicle as defined by Chapter 522 or was involved in transporting hazardous materials;

(4)  the person's social security number, if the person was operating a commercial motor vehicle or was the holder of a commercial driver's license or commercial driver learner's permit;

(5)  the date and nature of the offense, including whether the offense was a serious traffic violation as defined by Chapter 522;

(6)  whether a search of the vehicle was conducted and whether consent for the search was obtained;

(7)  the plea, the judgment, and whether bail was forfeited;

(8) [(7) ]  the date of conviction; and

(9) [(8) ]  the amount of the fine or forfeiture.

SECTION 7.  Not later than January 1, 2002, a law enforcement agency shall adopt and implement a policy and begin collecting information under the policy as required by Article 2.132, Code of Criminal Procedure, as added by this Act. A local law enforcement agency shall first submit information to the governing body of each

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county or municipality served by the agency as required by Article 2.132, Code of Criminal Procedure, as added by this Act, on March 1, 2003. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2002, and ending December 31, 2002.

SECTION 8.  A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.134, Code of Criminal Procedure, as added by this Act, on March 1, 2004. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2003, and ending December 31, 2003.

SECTION 9.  Not later than January 1, 2002:

(1)  the Commission on Law Enforcement Officer Standards and Education shall establish an education and training program on racial profiling as required by Subsection (e), Section 1701.253, Occupations Code, as added by this Act; and

(2)  the Bill Blackwood Law Enforcement Management Institute of Texas shall establish a program on racial profiling as required by Subsection (j), Section 96.641, Education Code, as added by this Act.

SECTION 10.  A person who on the effective date of this Act holds an intermediate proficiency certificate issued by the Commission on Law Enforcement Officer Standards and Education or has held a peace officer license issued by the Commission on Law Enforcement Officer Standards and Education for at least two years shall complete an education and training program on racial profiling established under Subsection (e), Section 1701.253, Occupations Code, as added by this Act, not later than September 1, 2003.

SECTION 11.  An individual appointed or elected as a police chief before the effective date of this Act shall complete a program on racial profiling established under Subsection (j), Section 96.641, Education Code, as added by this Act, not later than September 1, 2003.

SECTION 12.  This Act takes effect September 1, 2001.

Floor Amendment No. 1

Amend CSSB 1074 as follows:

(1)  In SECTION 1 of the bill, in the introductory language of the SECTION (House committee report, page 1, line 6), strike "2.136" and substitute "2.138".

(2)  In SECTION 1 of the bill, in added Article 2.135, Code of Criminal Procedure (House committee report, page 5, line 25), strike "under Article 2.134 if, during the calendar year preceding the date" and substitute the following:

"under Article 2.134 if:

(1)  during the calendar year preceding the date"

(3)  In SECTION 1 of the bill, in added Article 2.135(a)(1), Code of Criminal Procedure (House committee report, page 5, line 27), strike "(1)" and substitute "(A)".

(4)  In SECTION 1 of the bill, in added Article 2.135(a)(2), Code of Criminal Procedure (House committee report, page 6, line 6), strike "(2)" and substitute "(B)".

(5)  In SECTION 1 of the bill, in added Article 2.135(a)(2), Code of Criminal Procedure (House committee report, page 6, line 9), strike "equipment." and substitute the following:

"equipment; or

(2)  the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the

77th Legislature — Regular Session 77th Day

Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(1) and the agency does not receive from the state funds or video and audio equipment that are sufficient, as determined by the department, for the agency to accomplish that purpose.".

(6)  Between SECTIONS 1 and 2 of the bill (House committee report, page 6, between lines 25 and 26), insert the following:

Art. 2.137.  PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment as described by Article 2.135(a)(1), including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority to:

(1)  law enforcement agencies that employ peace officers whose primary duty is traffic enforcement;

(2)  smaller jurisdictions; and

(3)  municipal and county law enforcement agencies.

(b)  The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment as described by Article 2.135(a)(1). The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies.

(c)  To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose.

(d)  On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Article 2.135(a)(1) and is using the equipment as required by Article 2.135.

Art. 2.138.  RULES. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137.

Floor Amendment No. 2

Amend CSSB 1074 on page 3, following line 12, by adding a new subsection (f) as follows:

(f) Disciplinary action imposed on a peace officer for a violation of the policy required by this article shall be based on just cause.

Monday, May 21, 2001

SENATE JOURNAL

Floor Amendment No. 3

Amend CSSB 1074 as follows:

(1)  On page 3, lines 14-15, strike added Article 2.133(a), Code of Criminal Procedure, and substitute the following:

(a)  In this article:

(1)  "Race or ethnicity" has the meaning assigned by Article 2.132(a).

(2)  "Pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation where the individual is not under arrest.

(2)  On page 5, between lines 20 and 21, insert the following:

(f)  In this article, "pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation where the individual is not under arrest.

Floor Amendment No. 5

Amend CSSB 1074 in SECTION 1 of the bill (house committee report, page 3, between lines 12 and 13), by inserting the following:

(f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3) of this article in which a video or audio recording of the occurrence on which the complaint is based was made, the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer.

Floor Amendment No. 1 on Third Reading

Amend CSSB 1074 on third reading by adding the following appropriately numbered SECTION to the bill and renumbering the existing SECTIONS of the bill accordingly:

SECTION _____. (a) Section 143.027, Local Government Code, is amended to read as follows:

Sec. 143.027. PROBATIONARY PERIOD. (a) Except as provided by Subsection (b), a [A ] person appointed to a beginning position in the fire or police department must serve a probationary period of one year beginning on that person's date of employment as a fire fighter, police officer, or academy trainee.

(b) In a municipality with a population of less than 1.5 million, a person who is appointed to a beginning position in the police department and who has not been commissioned as a peace officer in this state before that appointment must serve a probationary period of 18 months rather than the 12-month period described by Subsection (a), with the purpose of the extended probationary period being to determine whether the person is in compliance with the employing department's policy on racial profiling established as required by Article 2.132, Code of Criminal Procedure. A person's probationary period begins on that person's date of employment as a police officer or academy trainee.

(c) [(b) ] During a fire fighter's or police officer's probationary period, the department head shall discharge the person and remove the person from the payroll if the person's appointment was not regular or was not made in accordance with this chapter or the commission rules.

(d) [(c) ] During a fire fighter's or police officer's probationary period, the person may not be prohibited from joining or required to join an employee organization.

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Joining or not joining an employee organization is not a ground for retaining or not retaining a fire fighter or police officer serving a probationary period.

(e) [(d) ] A fire fighter or police officer who was appointed in substantial compliance with this chapter and who serves the entire probationary period automatically becomes a full-fledged civil service employee and has full civil service protection.

(b) The change in law made by this section to Section 143.027, Local Government Code, regarding the probationary period of certain police officers in a municipality with a population of less than 1.5 million applies only to the probationary period of a person appointed to a beginning position in a police department on or after the effective date of this Act. The probationary period of a person appointed to a beginning position in a police department before the effective date of this Act is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.

The amendments were read.

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

The motion prevailed.

The President asked if there were any motions to instruct the conference committee on SB 1074 before appointment.

There were no motions offered.

The President announced the appointment of the following conferees on the part of the Senate on the bill: Senators West, Chair; Ogden, Lindsay, Whitmire, and Ellis.

SENATE BILL 303 WITH HOUSE AMENDMENTS

Senator Lucio called SB 303 from the President's table for consideration of the House amendments to the bill.

The President laid the bill and the House amendments before the Senate.

Amendment

Amend SB 303 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to the functions of the State Commission on Judicial Conduct.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1.  Section 33.001, Government Code, is amended by amending Subsections (b) and (c) and adding Subsection (d) to read as follows:

(b)  For purposes of Section 1-a, Article V, Texas Constitution, "wilful or persistent conduct that is clearly inconsistent with the proper performance of a judge's duties" includes:

(1)  wilful, persistent, and unjustifiable failure to timely execute the business of the court, considering the quantity and complexity of the business;

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(2)  wilful violation of a provision of the Texas penal statutes or the Code of Judicial Conduct;

(3)  persistent or wilful violation of the rules promulgated by the supreme court; [or ]

(4)  incompetence in the performance of the duties of the office; or

(5)  violation of any provision of a voluntary agreement to resign from judicial office in lieu of disciplinary action by the commission.

(c)  The definitions [definition ] provided by Subsections [Subsection ] (b) and (d) are [is ] not exclusive.

(d)  For purposes of Subdivision (6), Section 1-a, Article V, Texas Constitution, a misdemeanor involving official misconduct includes a misdemeanor involving an act relating to a judicial office or a misdemeanor involving an act involving moral turpitude.

SECTION 2.  Section 33.002, Government Code, is amended by adding Subsection (c) to read as follows:

(c)  Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.

SECTION 3.  Subchapter A, Chapter 33, Government Code, is amended by adding Section 33.0032 to read as follows:

Sec. 33.0032.  CONFLICT OF INTEREST. (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

(b)  A person may not be a commission employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:

(1)  the person is an officer, employee, or paid consultant of a Texas trade association the members of which are subject to regulation by the commission; or

(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association the members of which are subject to regulation by the commission.

(c)  A person may not act as the general counsel to the commission if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the commission.

SECTION 4.  Subsection (c), Section 33.004, Government Code, is amended to read as follows:

(c)  A special master who is a retired judge of a district court or the court of criminal appeals or a retired justice of a court of appeals or the supreme court is entitled to compensation in the same manner as provided by Section 74.061. For purposes of this subsection, the term "court" in Section 74.061(c) means the district court in the county in which formal proceedings are heard by the [a per diem of $25 for each day or part of a day that the person spends in the performance of the duties of ] special master. [In addition, the special master is entitled to an amount equal to the difference between the retirement benefits that the person receives as a retired judge or justice and the compensation that the state pays an active judge or justice of the court from which

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the person retired. The per diem and compensation under this subsection is in addition to the retirement benefits to which the person is entitled. ]

SECTION 5.  Subchapter A, Chapter 33, Government Code, is amended by adding Sections 33.0041 through 33.0046 to read as follows:

Sec. 33.0041.  REMOVAL OF COMMISSION MEMBER; NOTIFICATION PROCEDURES. If the executive director has knowledge that a potential ground for removal of a commission member exists, the executive director shall notify the presiding officer of the commission of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the commission, who shall then notify the governor and the attorney general that a potential ground for removal exists.

Sec. 33.0042.  REQUIREMENTS FOR OFFICE OR EMPLOYMENT: INFORMATION. The executive director or the executive director's designee shall provide to members of the commission and to agency employees, as often as necessary, information regarding the requirements for office or employment under this chapter and Section 1-a, Article V, Texas Constitution, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.

Sec. 33.0043.  COMMISSION MEMBER TRAINING. (a)  A person who is appointed to and qualifies for office as a member of the commission shall complete a training program that complies with this section.

(b)  The training program must provide the person with information regarding:

(1)  the legislation that created the commission;

(2)  the programs operated by the commission;

(3)  the role and functions of the commission;

(4)  the rules of the commission with an emphasis on the rules that relate to disciplinary and investigatory authority;

(5)  the current budget for the commission;

(6)  the results of the most recent formal audit of the commission;

(7)  the requirements of:

(A)  the administrative procedure law, Chapter 2001; and

(B)  other laws relating to public officials, including conflict-of-interest laws; and

(8)  any applicable ethics policies adopted by the commission or the Texas Ethics Commission.

(c)  A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.

Sec. 33.0044.  DIVISION OF RESPONSIBILITY. The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and staff of the commission.

Sec. 33.0045.  EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT. (a) The executive director or the executive director's designee shall

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prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.

(b)  The policy statement must include:

(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the commission to avoid the unlawful employment practices described by Chapter 21, Labor Code; and

(2)  an analysis of the extent to which the composition of the commission's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.

(c)  The policy statement must:

(1)  be updated annually;

(2)  be reviewed by the state Commission on Human Rights for compliance with Subsection (b)(1); and

(3)  be filed with the governor's office.

Sec. 33.0046.  STATE EMPLOYEE INCENTIVE PROGRAM: INFORMATION AND TRAINING. The executive director or the executive director's designee shall provide to agency employees information and training on the benefits and methods of participation in the state employee incentive program.

SECTION 6.  Subsection (e), Section 33.005, Government Code, is amended to read as follows:

(e)  The Texas Bar Journal shall publish public statements and summaries of sanctions issued by [a report received from ] the commission [under Subsection (c) ].

SECTION 7.  Subsection (a), Section 33.006, Government Code, is amended to read as follows:

(a)  This section applies to:

(1)  the commission;

(2)  a member of the commission;

(3)  the executive director of the commission;

(4)  an employee of the commission;

(5)  a special master appointed under Section 1-a(8), Article V, Texas Constitution; [and ]

(6)  special counsel for the commission and any person employed by the special counsel; and

(7)  any other person appointed by the commission to assist the commission in performing its duties.

SECTION 8.  Subchapter A, Chapter 33, Government Code, is amended by adding Sections 33.007 and 33.008 to read as follows:

Sec. 33.007.  DISTRIBUTION OF MATERIALS TO JUDGES AND THE PUBLIC. (a)  The commission shall develop and distribute plain-language materials as described by this section to judges and the public.

(b)  The materials must include a description of:

(1)  the commission's responsibilities;

(2)  the types of conduct that constitute judicial misconduct;

(3)  the types of sanctions issued by the commission, including orders of additional education; and

(4)  the commission's policies and procedures relating to complaint investigation and resolution.

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(c)  The materials shall be provided in English and Spanish.

(d)  The commission shall provide to each person filing a complaint with the commission the materials described by this section.

(e)  The commission shall adopt a policy to effectively distribute materials as required by this section.

Sec. 33.008.  JUDICIAL MISCONDUCT INFORMATION. The commission shall routinely provide to entities that provide education to judges information relating to judicial misconduct resulting in sanctions or orders of additional education issued by the commission. The commission shall categorize the information by level of judge and type of misconduct.

SECTION 9.  Chapter 33, Government Code, is amended by amending the heading of Subchapter B to read as follows:

SUBCHAPTER B. POWERS AND DUTIES

SECTION 10.  Section 33.021, Government Code, is amended to read as follows:

Sec. 33.021.  GENERAL POWERS OF COMMISSION. The commission may:

(1)  design and use a seal;

(2)  employ persons that it considers necessary to carry out the duties and powers of the commission;

(3)  employ special counsel as it considers necessary;

(4)  arrange for attendance of witnesses[, including those not subject to subpoena ];

(5)  arrange for and compensate expert witnesses and reporters; and

(6)  pay from its available funds the reasonably necessary expenses of carrying out its duties under the constitution, including providing compensation to special masters.

SECTION 11.  Subchapter B, Chapter 33, Government Code, is amended by adding Section 33.0211 to read as follows:

Sec. 33.0211.  COMPLAINTS. (a)  The commission shall maintain a file on each written complaint filed with the commission. The file must include:

(1)  the name of the person who filed the complaint;

(2)  the date the complaint is received by the commission;

(3)  the subject matter of the complaint;

(4)  the name of each person contacted in relation to the complaint;

(5)  a summary of the results of the review or investigation of the complaint; and

(6)  an explanation of the reason the file was closed, if the commission closed the file without taking action other than to investigate the complaint.

(b)  The commission, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.

(c)  The commission shall make a complaint file maintained under Subsection (a) available to the judge who is the subject of the complaint or the judge's attorney at least seven days before the date that a hearing on the complaint is held.

SECTION 12.  Section 33.022, Government Code, is amended by amending Subsections (c) and (i) and adding Subsection (l) to read as follows:

(c)  If, after conducting a preliminary investigation under this section, the commission does not determine that an allegation or appearance of misconduct or disability is unfounded or frivolous, the commission:

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(1)  shall:

(A)  conduct a full investigation of the circumstances surrounding the allegation or appearance of misconduct or disability; and

(B)  notify the judge in writing of:

(i)  the commencement of the investigation; and

(ii)  the nature of the allegation or appearance of misconduct or disability being investigated; and

(2)  may:

(A)  order [request ] the judge to:

(i)  submit a written response to the allegation or appearance of misconduct or disability; or

(ii)  appear informally before the commission; [or ]

(B)  order the deposition of any person; or

(C)  request the complainant to appear informally before the commission [other than the judge ].

(i)  The notice shall be served on the judge or the judge's attorney of record by personal service of a copy of the notice by a [member of the commission or by some ] person designated by the chairperson. The person serving the notice shall promptly notify the clerk in writing of the date on which the notice was served. If it appears to the chairperson on affidavit that, after reasonable effort during a period of 10 days, personal service could not be had, service may be made by mailing by registered or certified mail copies of the notice addressed to the judge at the judge's chambers or at the judge's last known residence in an envelope marked "personal and confidential." The date of mailing shall be entered in the docket.

(l)  The commission shall adopt a policy that provides procedures for hearing from judges and complainants appearing before the commission.

SECTION 13.  Subsections (a) and (b), Section 33.023, Government Code, are amended to read as follows:

(a)  In any investigation or proceeding that involves the [involuntary retirement of a judge because of ] physical or mental incapacity of a judge [to discharge the judge's duty ], the commission may order the judge to submit to a physical or mental examination by one or more qualified physicians or a mental examination by one or more qualified psychologists selected and paid for by the commission.

(b)  The commission shall give the judge written notice of the examination not later than 10 days before the date of the examination. The notice must include the physician's name and the date, time, and place of the examination. [The examination must be in a city or town in which the judge permanently or temporarily resides, or at a location in the state to which the judge consents. ]

SECTION 14.  Section 33.032, Government Code, is amended by amending Subsections (a), (b), and (c), and adding Subsections (f), (g), and (h) to read as follows:

(a)  Except as otherwise provided by this section and Section 33.034 [and Subsections (c), (d), and (e) ], the papers filed with and proceedings before the commission are confidential prior to the filing of formal charges [convening of a formal hearing ].

(b)  The formal hearing and any evidence introduced during the formal hearing, including papers, records, documents, and pleadings filed with the clerk, shall be public [on the convening of the formal hearing ].

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(c)  On issuance of [If the commission issues ] a public admonition, warning, reprimand, or public requirement that a person obtain additional training or education by the commission, the record of the informal appearance and the [all papers, ] documents presented to[, evidence, and records considered by ] the commission during the informal appearance that are not protected by attorney-client or work product privilege[, or forwarded to the commission by its staff, in the proceedings ] shall be public.

(f)  The commission may release to the Office of the Chief Disciplinary Counsel of the State Bar of Texas information indicating that an attorney, including a judge who is acting in the judge's capacity as an attorney, has violated the Texas Disciplinary Rules of Professional Conduct.

(g)  If the commission issues an order suspending a judge who has been indicted for a criminal offense, the order, any withdrawal of the order, and all records and proceedings related to the suspension shall be public.

(h)  A voluntary agreement to resign from judicial office in lieu of disciplinary action by the commission shall be public on the commission's acceptance of the agreement. The agreement and any agreed statement of facts relating to the agreement are admissible in a subsequent proceeding before the commission. An agreed statement of facts may be released to the public only if the judge violates a term of the agreement.

SECTION 15.  Section 33.033, Government Code, is amended by amending Subsections (a) and (b) and adding Subsection (e) to read as follows:

(a)  The commission shall promptly notify a complainant of the disposition of the case [complaint ].

(b)  The communication shall inform the complainant that:

(1)  the case [complaint ] has been dismissed;

(2)  appropriate action has been taken[, the nature of which will not be disclosed unless disclosure is authorized under Section 33.032 ];

(3)  a public sanction has been issued by the commission; [or ]

(4)  formal proceedings have been instituted; or

(5)  a judge has resigned from judicial office in lieu of disciplinary action by the commission.

(e)  If the complaint is dismissed by the commission, the commission shall include in the notification under Subsection (a):

(1)  an explanation of each reason for the dismissal; and

(2)  information relating to requesting reconsideration of the dismissed complaint as provided by Sections 33.035(a) and (f).

SECTION 16.  Subsection (h), Section 33.034, Government Code, is amended to read as follows:

(h)  Within 30 days after the date on which the charging document is filed with the clerk, the court shall conduct a hearing on the charging document. The court may, if good cause is shown, grant one or more continuances not to exceed a total of 60 [30 ] days. Within 60 days after the hearing, the court[, in its discretion, ] shall issue a decision as to the proper disposition of the appeal.

SECTION 17.  Subchapter B, Chapter 33, Government Code, is amended by adding Sections 33.035, 33.036, 33.037, and 33.038 to read as follows:

Sec. 33.035.  RECONSIDERATION OF COMPLAINT. (a)  A complainant may request reconsideration of a dismissed complaint if, not later than the 30th day

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after the date of the communication informing the complainant of the dismissal, the complainant provides newly discovered evidence of misconduct committed by the judge.

(b)  The commission shall deny a request for reconsideration if the complainant does not meet the requirements under Subsection (a). The commission shall notify the complainant of the denial in writing.

(c)  The commission shall grant a request for reconsideration if the complainant meets the requirements under Subsection (a). After granting a request, the commission shall vote to:

(1)  affirm the original decision to dismiss the complaint; or

(2)  reopen the complaint.

(d)  The commission shall notify the complainant of the results of the commission's vote under Subsection (c) in writing.

(e)  The commission shall conduct a full investigation of a complaint reopened under Subsection (c)(2). The investigation shall be conducted by commission staff who were not involved in the original investigation.

(f)  A complainant may request reconsideration of a dismissed complaint under this section only once.

Sec. 33.036.  CERTAIN DISCLOSURE OF INFORMATION. (a)  To protect the public interest, the commission may disclose information relating to an investigation or proceeding under this chapter to:

(1)  a law enforcement agency;

(2)  a public official who is authorized or required by law to appoint a person to serve as a judge;

(3)  a court; or

(4)  an entity that provides commission-ordered education to judges.

(b)  Information may be disclosed under this section only to the extent necessary for the recipient of the information to perform an official duty or function.

Sec. 33.037.  CONTINUATION OF SUSPENSION ORDER. If a judge who is indicted for a felony or charged with a misdemeanor involving official misconduct is convicted of or granted deferred adjudication for the offense, an order of suspension in effect on the date of conviction or grant of deferred adjudication shall remain in effect until the commission takes further action on the order.

Sec. 33.038.  CERTAIN PARTICIPATION IN PROFESSIONAL ASSOCIATION NOT SUBJECT TO SANCTION. The commission may not impose a sanction on a judge solely because the judge attends a meeting of or participates in a function that has the purpose of improving the law, the legal system, or the administration of justice and that is sponsored by a professional association of judges that is incorporated under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) and that qualifies as an organization exempt from federal income tax under Section 501(c)(4), Internal Revenue Code of 1986, as amended.

SECTION 18.  Subchapter F, Chapter 411, Government Code, is amended by adding Section 411.137 to read as follows:

Sec. 411.137.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: STATE COMMISSION ON JUDICIAL CONDUCT. (a)  The State Commission on Judicial Conduct is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is:

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(1)  a judge who is the subject of an investigation or proceeding under Chapter 33; or

(2)  the complainant or a witness in an investigation or a proceeding under Chapter 33.

(b)  Information received by the State Commission on Judicial Conduct is confidential and may be disseminated only in an investigation or proceeding conducted by the commission.

(c)  The State Commission on Judicial Conduct shall destroy criminal history record information obtained under this section promptly after a final determination is made in the matter for which the information was obtained.

SECTION 19.  (a)  Not later than January 1, 2002, the State Commission on Judicial Conduct shall:

(1)  develop plain-language materials and adopt a policy to effectively distribute the materials as required by Section 33.007, Government Code, as added by this Act; and

(2)  adopt a policy that provides hearing procedures as required by Subsection (l), Section 33.022, Government Code, as added by this Act.

(b)  Section 33.032, Government Code, as amended by this Act, applies to papers filed with and proceedings before the State Commission on Judicial Conduct, regardless of whether the papers were filed or the proceedings were commenced before, on, or after the effective date of this Act.

(c)  Section 33.036, Government Code, as added by this Act, applies to information relating to an investigation or proceeding commenced before, on, or after the effective date of this Act.

(d)  Section 33.0043, Government Code, as added by this Act, applies only to a member of the State Commission on Judicial Conduct appointed on or after the effective date of this Act.

(e)  Section 33.0211, Government Code, as added by this Act, and Section 33.033, Government Code, as amended by this Act, apply only to complaints filed with the State Commission on Judicial Conduct on or after the effective date of this Act.

SECTION 20.  (a)  Section 33.001, Government Code, as amended by this Act, applies only to conduct that occurs or an act committed on or after the effective date of this Act. Conduct that occurs or an act committed before the effective date of this Act is covered by the law in effect at the time the conduct occurred or the act was committed, and the former law is continued in effect for that purpose.

(b)  Section 33.004, Government Code, as amended by this Act, applies only to the compensation of a special master appointed on or after the effective date of this Act. The compensation of a special master appointed before the effective date of this Act is governed by the law in effect at the time the appointment was made, and the former law is continued in effect for that purpose.

(c)  Section 33.006, Government Code, as amended by this Act, applies only to a cause of action that accrues on or after the effective date of this Act. A cause of action that accrues before the effective date of this Act is governed by the law in effect at the time the cause of action accrued, and that law is continued in effect for that purpose.

(d)  Section 33.037, Government Code, as added by this Act, applies only to a judgment of conviction or a grant of deferred adjudication for an offense committed on

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or after the effective date of this Act. A judgment of conviction or a grant of deferred adjudication for an offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this subsection, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 21.  This Act takes effect September 1, 2001.

Floor Amendment No. 1

Amend CSSB 303 as follows:

(1)  In SECTION 5 of the bill, in added Section 33.0041, Government Code (house committee report, page 4, line 7), between "governor" and "and", insert ", the supreme court, the state bar,".

(2)  In SECTION 5 of the bill, in added Section 33.0041, Government Code (house committee report, page 4, line 11), between "governor" and "and", insert ", the supreme court, the state bar,".

(3)  In SECTION 5 of the bill, in added Section 33.0043(b), Government Code (house committee report, page 5, lines 8-12), strike Subdivision (7) and substitute the following:

"(7)  the requirements of laws relating to public officials, including conflict-of-interest laws; and".

(4)  In SECTION 6 of the bill, in amended Section 33.005(e), Government Code (house committee report, page 6, line 26), between "shall" and "publish", insert "periodically".

(5)  In SECTION 6 of the bill, in amended Section 33.005(e), Government Code (house committee report, page 6, line 27), strike "and summaries of sanctions" and substitute ", sanctions, and orders of additional education".

(6)  In SECTION 12 of the bill, in added Section 33.022(l), Government Code (house committee report, page 11, line 12), strike "a policy that provides".

(7)  In SECTION 17 of the bill, in the introductory language of the section (house committee report, page 14, line 17), between "33.037," and "and", insert "33.0371,".

(8)  In SECTION 17 of the bill, in added Section 33.035(e), Government Code (house committee report, page 15, line 10), strike "a full" and substitute "an appropriate".

(9)  In SECTION 17 of the bill, in added Section 33.036, Government Code (house committee report, page 15, line 23), strike "a court" and substitute "the supreme court".

(10)  In SECTION 17 of the bill (house committee report, page 16, lines 2-8), strike added Section 33.037, Government Code, and substitute the following:

Sec. 33.037.  SUSPENSION PENDING APPEAL. If a judge who is convicted of a felony or a misdemeanor involving official misconduct appeals the conviction, the commission shall suspend the judge from office without pay pending final disposition of the appeal.

Sec. 33.0371.  AUTOMATIC REMOVAL. A judge is automatically removed from the judge's office if the judge is convicted of or is granted deferred adjudication for:

(1)  a felony; or

(2)  a misdemeanor involving official misconduct.

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(11)  In SECTION 19 of the bill (house committee report, page 17, line 15), in Subsection (a)(2), strike "a policy that provides hearing".

(12)  In SECTION 20 of the bill (house committee report, page 18, lines 6-12), strike Subsection (a) and substitute the following:

(a)  Section 33.001, Government Code, as amended by this Act, applies only to a complaint filed with the State Commission on Judicial Conduct on or after the effective date of this Act, regardless of whether the conduct or act that is the subject of the complaint occurred or was committed before, on, or after the effective date of this Act.

(13)  In SECTION 20 of the bill, in Subsection (d) (house committee report, page 18, lines 25 and 26), strike "Section 33.037, Government Code, as added by this Act, applies" and substitute "Sections 33.037 and 33.0371, Government Code, as added by this Act, apply".

Floor Amendment No. 2

Amend CSSB 303, as follows:

Strike SECTION 13 of the bill, and substitute the following:

SECTION 13. Subsections (a) and (b), Section 33.023, Government Code, are amended to read as follows:

(a) In any investigation or proceeding that involves [involuntary retirement of a judge because of ] the physical or mental incapacity of a judge to discharge the judge's duty, the commission may, upon a showing of good cause including written factual findings, order the judge to submit to a physical or mental examination by one or more qualified physicians or a mental examination by one or more qualified psychologists selected and paid for by the commission. Prior to ordering the judge to submit to such examination, the commission shall consider any medical reports and evaluations by qualified physicians and psychologists selected by the judge.

(b) The commission shall give the judge written notice of the examination not later than 10 days before the date of the examination. The notice must include the physician's name and the date, time, and place of the examination. The examination must be in a city or town in which the judge permanently or temporarily resides, or at a location in the state to which the judge consents.

The amendments were read.

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

The motion prevailed.

The President asked if there were any motions to instruct the conference committee on SB 303 before appointment.

There were no motions offered.

The President announced the appointment of the following conferees on the part of the Senate on the bill: Senators Lucio, Chair; Harris, Bernsen, West, and Wentworth.

Monday, May 21, 2001

SENATE JOURNAL

CONFERENCE COMMITTEE ON HOUSE BILL 772

Senator Armbrister called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 772 and moved that the request be granted.

The motion prevailed.

The President asked if there were any motions to instruct the conference committee on HB 772 before appointment.

There were no motions offered.

Accordingly, the President announced the appointment of the following conferees on the part of the Senate on the bill: Senators Armbrister, Chair; Brown, Lucio, Moncrief, and Staples.

CONCLUSION OF MORNING CALL

The President at 9:15 a.m. announced the conclusion of morning call.

COMMITTEE SUBSTITUTE

HOUSE BILL 1784 ON THIRD READING

On motion of Senator Ogden and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its third reading and final passage:

CSHB 1784, Relating to the ratification, creation, administration, powers, duties, operation, and financing of groundwater conservation districts in and coordinated management of groundwater resources for the central Carrizo-Wilcox area.

The bill was read third time.

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 1784 (Senate committee printing) as follows:

(1) In SECTION 2.13(a)(1) of the bill, (page 4, lines 33 through 34) strike "represent municipal interests" and substitute "be an elected official of an incorporated municipality".

(2) In SECTION 2.13(a)(2) of the bill, (page 4, lines 35 through 36) and SECTION 2.13(b)(2) of the bill, (page 4, lines 45 through 46) strike "represent agricultural interests" and substitute "be a bona fide agricultural producer who derives a substantial portion of his or her income from agriculture".

(3) In SECTION 2.13(a)(3) of the bill, (page 4, lines 37 through 38) and SECTION 2.13(b)(1) of the bill, (page 4, lines 43 through 44) strike "represent rural water suppliers' interests" and substitute "be a director of a rural water supply corporation".

(4) In SECTION 2.13(a)(4) of the bill, (page 4, lines 39 through 40) insert "active" between "represent" and "industrial".

(5) In SECTION 5.11 of the bill, strike Subsection (a) (page 15, lines 9 through 12) and substitute the following:

(a) The council shall be funded by reasonable assessments to the owners of water wells producing from the Carrizo-Wilcox aquifer in proportion to the total amount pumped from the aquifer. The districts shall make the assessment.

77th Legislature — Regular Session 77th Day

(6) In SECTION 5.11 of the bill, (page 15, lines 9 through 27) add a new Subsection (b) and reletter the subsequent Subsections accordingly as follows:

(b) The assessments shall be for:

By unanimous consent, the amendment was read and was adopted by a viva voce vote.

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

CSHB 1784 as again amended was finally passed by a viva voce vote.

HOUSE BILL 152 ON THIRD READING

The President laid before the Senate HB 152. The bill was passed and final passage was then reconsidered on Thursay, May 17, 2001:

HB 152, Relating to a pilot program to provide for reduced undergraduate tuition during a summer term or session at certain institutions of higher education.

Question—Shall HB 152 be again finally passed?

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 152 on third reading as follows:

On page 1, lines 21 through 33, strike Subsections (b), (c), (d) and (e) and substitute the following:

(b) The governing board of an institution to which this section applies may charge tuition, including tuition under Section 54.0513, at a reduced amount that is not less than 80 percent of the amount otherwise provided by this subchapter. If the governing board charges reduced tuition under this subsection, the governing board may use a portion of the tuition set aside at the institution as provided by Section 56.033 to cover the tuition revenue lost to the institution under this subsection, in addition to the purposes for which that tuition may be used under Section 56.033.

(c) This section applies only to a summer term or session in 2002 or 2003. This section expires January 1, 2004.

By unanimous consent, the amendment was read and was adopted by a viva voce vote.

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

HB 152 as amended was again finally passed by a viva voce vote.

COMMITEE SUBSTITUTE

HOUSE BILL 1862 ON THIRD READING

On motion of Senator Van de Putte and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its third reading and final passage:

CSHB 1862, Relating to the regulation and prompt payment of health care providers under certain health benefit plans; providing penalties.

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

Monday, May 21, 2001

SENATE JOURNAL

HOUSE BILL 2839 ON SECOND READING

On motion of Senator Carona and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 2839, Relating to energy efficiency programs developed by the energy office.

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

HOUSE BILL 2839 ON THIRD READING

Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2839 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting, 1.

Present-not voting: Mr. President.

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

HOUSE BILL 2250 ON SECOND READING

On motion of Senator Moncrief and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 2250, Relating to certain criminal consequences of certain previous intoxication convictions.

The bill was read second time.

Senator Moncrief offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2250 as follows:

(1)  Strike SECTION 2 of the bill and substitute the following:

SECTION 2. Sections 49.09(e) and (f), Penal Code, are amended to read as follows:

(e)  Except as provided by Subsection (f), a [A ] conviction may not be used for purposes of enhancement under this section if:

(1)  the conviction was a final conviction under Subsection (d);

(2)  the offense for which the person is being tried was committed more than 10 years after the latest of:

(A)  the date on which the judgment was entered for the previous conviction;

(B)  the date on which the person was discharged from any period of community supervision on which the person was placed for the previous conviction;

(C)  the date on which the person successfully completed any period of parole on which the person was released after serving a portion of the term to which the person was sentenced for the previous conviction; or

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(D)  the date on which the person completed serving any term for which the person was confined or imprisoned for the previous conviction [and was for an offense committed more than 10 years before the offense for which the person is being tried was committed ]; and

(3) [(2) ]  the person has not been convicted of an offense under Section 49.04, 49.05, 49.06, 49.065, 49.07, or 49.08 or any offense related to operating a motor vehicle while intoxicated [committed ] within 10 years of [before ] the latest date under Subdivision (2) [on which the offense for which the person is being tried was committed ].

(f)  A conviction may be used for the purposes of enhancement under this section regardless of when the conviction occurred if the conviction was for an offense under:

(1)  Section 49.08 involving the operation of a motor vehicle; or

(2)  Section 19.05(a)(2), as that law existed before September 1, 1994, involving the operation of a motor vehicle.

(g)  A conviction may be used for purposes of enhancement under this section or enhancement under Subchapter D, Chapter 12, but not under both this section and Subchapter D.

(2)  In SECTION 3 of the bill, in the transition language of the bill, (Senate Committee Printing, page 2), strike lines 17-19 and substitute:

SECTION 3. The change in law made by this Act applies only to the enhancement of punishment at the trial of an offense committed on or after the effective date of this Act. The enhancement of punishment at the trial of an offense committed before the effective date of this Act is

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

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

HB 2250 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 2250 ON THIRD READING

Senator Moncrief moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2250 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

HOUSE BILL 1121 ON SECOND READING

On motion of Senator West and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 1121, Relating to eligibility for enrollment in certain law enforcement training programs.

The bill was read second time.

Monday, May 21, 2001

SENATE JOURNAL

Senator Sibley offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 1121 by inserting the following appropriately numbered section and renumbering subsequent sections accordingly:

SECTION _____. The Commission on Law Enforcement Officer Standards and Education may not adopt a rule, or implement a previously adopted rule, that requires a person who enrolls in a training program to have an associates degree before or after enrollment in a training program under Section 1701.251 to be eligible for a license under Chapter 1701. This section expires September 1, 2003.

The 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.

HB 1121 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 1121 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 HB 1121 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

PHYSICIAN OF THE DAY

Senator Jackson was recognized and presented Dr. P. J. Mock of La Porte as the Physician of the Day.

The Senate welcomed Dr. Mock and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.

(Senator Armbrister in Chair)

SENATE RESOLUTION 1106

Senator Fraser offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize the Texas Scottish Rite Hospital for Children for providing superior medical care for children everywhere regardless of a family's ability to pay for services; and

WHEREAS, Texas Scottish Rite Hospital for Children was established in 1921, when a Dallas orthopedic surgeon recognized a growing need to provide first-rate medical care for children; and

WHEREAS, In March, 1972, Garrett Chase Fraser, the first child of future Senator Troy Fraser and his wife, Linda, upon birth was diagnosed with a deformity commonly known as a clubfoot; and

WHEREAS, Troy and Linda Fraser searched without success for the medical expertise to correct their son's debilitating condition; and

77th Legislature — Regular Session 77th Day

WHEREAS, At the age of 18 months Chase Fraser underwent surgery by the Texas Scottish Rite Hospital for Children with a then-experimental procedure to correct his condition; and

WHEREAS, The procedure was not only successful in enabling Chase Fraser to lead a healthy and active life, but also to become a competitive athlete who participated in baseball and football and as a regional qualifier in swimming; and

WHEREAS, The Texas Scottish Rite Hospital for Children is governed by a board of trustees who are members of the Scottish Rite of Freemasonry in Texas and is supported solely through private donations, such as those from its longtime and well-known supporter, Governor Allan Shivers; and

WHEREAS, Due to its donors, the Texas Scottish Rite Hospital for Children has emerged as one of the nation's leading medical centers for the treatment of pediatric orthopedic conditions and certain related neurological disorders and learning disabilities; and

WHEREAS, Without charging for its services, the hospital provides extensive treatment and therapy for more than 13,000 children challenged by conditions such as arthritis, cerebral palsy, clubfoot, limb-length differences, scoliosis, and spina bifida; and

WHEREAS, Through the hospital's commitment to research and study, medical breakthroughs and new technologies have dramatically impacted the lives of more than 130,000 children throughout the world; now, therefore, be it

RESOLVED, That Senator Troy Fraser, his wife, Linda, and their son, Chase, join the people of Texas in extending their heartfelt appreciation to the Scottish Rite of Freemasonry on behalf of all crippled children; and, be it further

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend the Texas Scottish Rite Hospital for Children on its remarkable accomplishments and its dedication to the health and happiness of our nation's children; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the Texas Scottish Rite Hospital for Children as an expression of esteem from the Texas Senate.

The resolution was read.

On motion of Senator Truan and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.

On motion of Senator Fraser, the resolution was adopted by a viva voce vote.

REMARKS ORDERED PRINTED

On motion of Senator Truan and by unanimous consent, the following remarks regarding SR 1106 were ordered reduced to writing and printed in the Senate Journal:

Senator Fraser: Members, this is a resolution that means a lot to Lin and I. It's our pleasure for me to offer SR 1106. We're recognizing the Texas Scottish Rite Hospital for Children and the great work they do, and with their medical staff, have done for so many years. I'm sure all of you know this is a nationally recognized medical center and is governed by a board of trustees who are members of the Scottish Rite of Free Masonry of Texas and is supported solely by private donations raised by Masons all over the state. Scottish Rite Hospital was established in 1921 when a Dallas orthopedic surgeon recognized the growing need to provide first-rate medical care for children.

Monday, May 21, 2001

SENATE JOURNAL

Since its creation it has treated children challenged by conditions such as arthritis, cerebral palsy, clubfoot, limb-length differences, scoliosis, and spina bifida. Members, over the years Scottish Rite Hospital through its commitment to research and new technologies has dramatically impacted the lives of more than 130,000 physically disabled children throughout the world and treated children with a variety of conditions regardless of a family's ability to pay. One of those 130,000 children to receive the benefit of Scottish Rite's outstanding care is Chase Fraser, who is Lin's and my oldest child. When Chase was born in 1972, Linda had Chase by natural childbirth. As Chase was delivered and he came out, we noticed that his right foot was upside down, that instead of facing down like this, it was facing up. The doctor acknowledged that he was a healthy child, but he had a clubfoot and they said they are correctable. So, Lin and I spent the next 18 months trying to find someone that could treat his clubfoot. Every three days we would go to the doctor and they slowly started trying to take his foot, instead of facing up, they started twisting it around and trying to bring it up. Every time they would take the cast off, the foot would go back to where it was. After 18 months, we were referred to the, then the Scottish Rite Hospital they called it, for crippled children was the term, and he was 18 months old. There was a new procedure that had only been used for a few months, and they said they wanted to try an experimental surgery called a full release to treat the clubfoot. We did that surgery. Today you see our oldest son standing here. He turned out, not only to correct his foot, but became an outstanding athlete, playing football, baseball, was a regional qualifier in swimming. They said at the time he would, likely, when he started growing, have to have the surgery again. But they corrected it at 18 months, and he's never had to have any other surgery. Needless to say, Linda and I can never say how much we thank you for what this meant to our family. It's very rare that you have the opportunity to thank someone 29 years later for something that has made such an impact on our family. Please allow me to thank you on behalf of all these 130,000 physically disabled children that you've helped since 1921, and, more especially, on behalf of Lin and I and Chase, for what you've done for us. Members, we're joined today from Scottish Rite, by their executive vice-president, Robert Walker; we have their public relations specialist, Ashley Reeves; and trustee, former Supreme Court Justice, Jack Hightower. Also I'm told that one of their long-time supporters and former chairmen of the board, Allan Shivers, served as chairman of the board during the period when Chase was having his surgery, up until his death in 1981. This is an outstanding group. Members, allow me again to thank them and welcome them to the Texas Senate.

Senator West: I'm very aware of the Scottish Rite's program. My son had dyslexia and he attended the program there for about three years. I'm proud to report pretty much the same thing as my friend, my colleague, in terms of what the program did for my son. He's a junior in high school getting ready to go into his senior year. He had been involved in the program for three years. He had difficulty with the English language, and we know what that's all about, but he came home Friday with a 99 in English for the six weeks. Thank you very much, Scottish Rite, for doing that. So again, I share with my colleague, Linda, I share with you the excitement, the joy, and needless to say, the thanks to Scottish Rite for being there to not only help us, but to help all Texans that have similar type problems in their family.

Senator Zaffirini: Thank you Mr. President. Members, we have heard two beautiful stories from two of our colleagues and when you stop to consider that there are more

77th Legislature — Regular Session 77th Day

than 130,000 similar stories told by parents of children whose lives have been changed because of the wonderful services offered by the Texas Scottish Rite Hospital, it is our pleasure, all of us, to join Senator Fraser and Linda in welcoming the representatives of the Texas Scottish Rite Hospital and thanking them truly for changing so many lives and bringing so much happiness to so many children and their parents. May God bless you always and inspire you to continue to excel and, Chase, you look great. Thank you.

Senator Moncrief: Thank you Mr. President. Members, Senator Fraser, I can't even imagine you standing here, trying to express your appreciation, nor you, Senator West. I thank my lucky stars that I'm not here doing the same thing, but at the same time, as Senator Zaffirini just mentioned, for those thousands of parents out there who can't stand here on the Senate floor and thank you publicly on their behalf, I do. You spread your wings wide and you touch many lives on a daily basis, and yet you do it without fanfare, you do it without a great deal of attention, or the spotlight being cast, but you do it because you do care and because you have that compassion that we in Texas are known for. Your professionalism and your concern are very important to all of us and we cannot thank you enough for everything you have done and will continue to do. God bless.

Senator Harris: I, too, am one of those families that is very grateful for what you've done for my family. I have four sons who have extreme cases of dyslexia. Two of them were in public schools. They kept being told they were stupid, that they didn't have the capability to learn, that they need to be put in mentally retarded classes, because they had dyslexia. I'm proud to report that one of those boys has already gotten his degree; the youngest one is at UTA in pre-law; one of the boys, unfortunately, died; and the other boy is beyond help, he is a bareback bronc rider on the rodeo circuit, but you did give him an education. You even helped him develop a love, and for God's sake, don't ask me how he got this screwy gene, you even helped him develop, because you taught him how to read, a love of Shakespeare. And the only criticism I have of you, back in the days when my wife finally found out about you, you were the best kept secret in Texas. She had to go through a multitude of sources to find out about Scottish Rite Hospital and to find out how they could evaluate for dyslexia. But you have no idea what a difference it made in those two oldest boys who were being told they were stupid in class, to find out that they had a learning disability, and how well both of them did immediately thereafter, and how well it prepared us to help the younger two boys from the very beginning to where they didn't go through the level of frustration that their two big brothers did. And from my standpoint, there's no way I can thank you enough. Thank you.

Senator Staples: Thank you Mr. President. I, too, rise to join my colleagues in congratulating the Texas Scottish Rite Hospital. My daughter, Elizabeth, is a current patient of the hospital, scheduled for an appointment as soon as we get out of this session in June. When she was two months old, she was diagnosed with a congenital dislocated hip, and all of you who are parents can certainly understand what that does to you with a newborn. We were referred to the Texas Scottish Rite Hospital and I just cannot express the appreciation from my family for the compassion and concern. After going through several different procedures to try to correct the deficiency, she had surgery my first session as a freshman state Representative and was in a full-body cast for about eight weeks. But the really special thing about the hospital is that you

Monday, May 21, 2001

SENATE JOURNAL

continue to extend that care. She's now 12 years old and everything is perfect, and we come see you about every year and a half to two years. I join my colleagues in thanking you for the impact that you've had on the lives of Texans. Thank you.

(President in Chair)

BILLS AND RESOLUTIONS SIGNED

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

SB 133, SB 198, SB 233, SB 261, SB 328, SB 356, SB 415, SB 439, SB 466, SB 545, SB 554, SB 575, SB 620, SB 637, SB 700, SB 731, SB 888, SB 925, SB 935, SB 1037, SB 1318, SB 1358, SB 1446, SB 1449, SB 1574, SCR 46, SCR 61, SCR 63, SJR 47, HB 102, HB 445, HB 459, HB 490, HB 495, HB 535, HB 969, HB 1011, HB 1015, HB 1037, HB 1038, HB 1073, HB 1088, HB 1091, HB 1099, HB 1110, HB 1113, HB 1187, HB 1196, HB 1220, HB 1254, HB 1307, HB 1420, HB 1469, HB 1515, HB 1535, HB 1591, HB 1651, HB 1658, HB 1680, HB 2091, HB 2092, HB 2103, HB 2112, HB 2143, HB 2185, HB 2301, HB 2494, HB 2628, HB 2828, HB 2853, HB 2959, HB 3309, HB 3421, HB 3524, HB 3626, HB 3662, HB 3666, HB 3674, HCR 38.

HOUSE BILL 1234 ON SECOND READING

Senator Zaffirini asked unanimous consent to suspend the regular order of business to take up for consideration at this time:

HB 1234, Relating to the presence of certain advocates during forensic medical examinations of alleged victims of sexual assaults.

There was objection.

Senator Zafirini then moved to suspend the regular order of business and take up HB 1234 for consideration at this time.

The motion prevailed by the following vote:  Yeas 29, Nays 1, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini.

Nays: Ogden.

Present-not voting: Mr. President.

The bill was read second time.

Senator Staples offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 1234 as follows:

(1) Strike Subsection (a) of Article 56.045 in SECTION 1 and substitute a new Subsection (a) of Article 56.045 in SECTION 1 (Committee Printing page 1, lines 14-22) to read as follows:

77th Legislature — Regular Session 77th Day

Art. 56.045. PRESENCE OF ADVOCATE OR REPRESENTATIVE DURING FORENSIC MEDICAL EXAMINATION. (a) Before conducting a forensic medical examination of a person who consents to such an examination for the collection of evidence for an alleged sexual assault, the physician or other medical services personnel conducting the examination shall offer the person the opportunity to have an advocate from a sexual assault program as defined by Section 420.003, Government Code, who has completed a sexual assault training program described by Section 420.011(b), Government Code, present with the person during the examination, if the advocate is available at the time of the examination.

(2) Strike Subsection (e) of Article 56.045 in SECTION 1 and substitute a new Subsection (e) of Article 56.045 in SECTION 1 (Committee Printing page _____, lines _____ - _____) to read as follows:

(e) A health care facility, including a hospital licensed under Chapter 241, Health and Safety Code, that provides an advocate with access to a person consenting to an examination under Subsection (a), the physician or other medical services personnel conducting the examination, the advocate present during the examination, and the program providing the advocate for purposes of this article are not subject to civil or criminal liability for providing that access or that service.

(3) Add "(4) social worker" in Subsection (f) of Article 56.045 (Committee Printing page _____, line _____) and renumber the subsequent subdivisions.

The 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.

HB 1234 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 1234 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 HB 1234 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 1, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini.

Nays: Ogden.

Present-not voting: Mr. President.

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

RECORD OF VOTE

Senator Ogden asked to be recorded as voting "Nay" on the final passage of HB 1234.

Monday, May 21, 2001

SENATE JOURNAL

COMMITTEE SUBSTITUTE

HOUSE BILL 3195 ON SECOND READING

On motion of Senator Brown and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

CSHB 3195, Relating to the creation, administration, powers, duties, operation, and financing of the Fort Bend County Municipal Utility District Number 134 and to the authorization of bonds and the levy of taxes; providing civil penalties.

The bill was read second time.

Senator Brown offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 3195 as follows:

On page 10, line 29, Section 5.05, Subsection (f), between "Code" and "," insert the following: "a telecommunications provider as defined by Section 51.002(10), Utilities Code,".

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

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

CSHB 3195 as amended was passed to third reading by a viva voce vote.

COMMITTEE SUBSTITUTE

HOUSE BILL 3195 ON THIRD READING

Senator Brown moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 3195 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1. (Same as previous roll call)

SENATE RESOLUTION 1090

Senator Truan offered the following resolution:

WHEREAS, Dr. Jesus H. Chavez has been selected as the new Superintendent of Schools for the Corpus Christi Independent School District, and the Texas Senate is proud to recognize him for this stellar achievement; and

WHEREAS, Dr. Chavez began working as a superintendent in Harlingen in 1995; prior to that, he had served as a teacher, principal, and district administrator in the Round Rock Independent School District; and

WHEREAS, The leader of a 16,000 student district in Harlingen, Dr. Chavez was honored this year by the Texas Association of School Administrators as one of the top five superintendents in the state; and

77th Legislature — Regular Session 77th Day

WHEREAS, After receiving his bachelor's degree from The University of Texas at Austin, Jesus Chavez earned his doctorate in educational administration; and

WHEREAS, His friendly manner and his extensive expertise will be greatly missed by the parents and students of Harlingen Independent School District; his frequent visits to schools and attendance at school events kept him in high regard with students and their parents; and

WHEREAS, This highly qualified gentleman has been certified by the Texas Education Agency as a Professional Superintendent, as a Professional Mid-Management Administrator, and as a Provisional Bilingual/ESL teacher; and

WHEREAS, While in the Harlingen Independent School District, Dr. Chavez assisted schools to better their ratings and improve test scores; 20 of the district's 21 schools have been state recognized for TAAS performance over the last five years, and he helped the district earn a Recognized rating from the Texas Education Agency; and

WHEREAS, Dr. Chavez also assisted in obtaining, over the last five years, ratings of Recognized for all the elementary schools and obtaining Exemplary ratings for two elementary schools; all four middle schools and one high school have been rated Recognized; and

WHEREAS, For his many accomplishments, Dr. Chavez is truly deserving of recognition and praise; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby congratulate Dr. Jesus H. Chavez for being selected the superintendent of the Corpus Christi Independent School District and wish him great success in his newest endeavor; and, be it further

RESOLVED, That a copy of this Resolution be prepared for him as an expression of highest regard and esteem from the Texas Senate.

The resolution was again read.

On motion of Senator Ogden and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.

The resolution was previously adopted on Thursday, May 17, 2001.

GUESTS PRESENTED

Senator Truan was recognized and introduced to the Senate Dr. Jesus H. Chavez; his wife, Martha; and his son, Jesse; accompanied by Lucy Rubio, Eduardo Zuniga, Terri Alaniz, Arturo Delgado, and Yolanda Gonzalez, all of the Corpus Christi Independent School District.

The Senate welcomed its guests.

HOUSE BILL 156 ON SECOND READING

On motion of Senator Shapiro and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 156, Relating to the punishment for certain offenses under the Texas Controlled Substances Act committed by a person using a child to facilitate the commission of the offense.

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

Monday, May 21, 2001

SENATE JOURNAL

HOUSE BILL 156 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 HB 156 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1. (Same as previous roll call)

HOUSE BILL 2950 ON SECOND READING

On motion of Senator Nelson and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 2950, Relating to the regulation of certain abusable volatile chemicals.

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

HOUSE BILL 2950 ON THIRD READING

Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2950 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate a delegation from the Williamson County District Clerk's office.

The Senate welcomed its guests.

COMMITTEE SUBSTITUTE

HOUSE JOINT RESOLUTION 5 ON SECOND READING

On motion of Senator Shapleigh and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

CSHJR 5, Proposing a constitutional amendment prescribing requirements for imposing a lien for work and material used in the construction, repair, or renovation of improvements on residential homestead property and including the conversion and refinance of a personal property lien secured by a manufactured home to a lien on real property as a debt on homestead property protected from a forced sale.

The resolution was read second time and was passed to third reading by a viva voce vote.

77th Legislature — Regular Session 77th Day

COMMITTEE SUBSTITUTE

HOUSE JOINT RESOLUTION 5 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 CSHJR 5 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

The resolution was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1. (Same as previous roll call)

HOUSE BILL 2522 ON SECOND READING

On motion of Senator Armbrister and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 2522, Relating to requiring the Texas Department of Transportation to establish and maintain a state airport in Central Texas.

The bill was read second time.

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2522 by striking SECTION 1 of the bill and substituting the following:

SECTION 1. Subchapter B, Chapter 21, Transportation Code, is amended by adding section 21.069 to read as follows:

Sec. 21.069. STATE AIRPORT IN CENTRAL TEXAS. (a) The department, in consultation with the State Aircraft Pooling Board, shall establish a state airport in central Texas that is open to the general public.

(b) In determining an appropriate location for the airport, the department shall consider:

(1) the convenience, comfort, and accommodation of air traffic flying into and departing from the central Texas region, including persons traveling for business and commercial reasons, government officials, and tourists; and

(2) the safe operation of aircraft flying into and departing from the central Texas region.

(c) In determining an appropriate location for the airport, the department may not consider:

(1) any property in a municipality without the approval of the governing body of the municipality;

(2) any property outside of a municipality without the approval of the commissioners court of the county in which the property is located; or

(3) the property in Austin, Texas identified as Robert Mueller Airport.

(d) The commission may acquire by the exercise of eminent domain property that the commission considers necessary to enable the department to meet its responsibilities under this section.

Monday, May 21, 2001

SENATE JOURNAL

(e) The department may only utilize federal matching funds, federal grants, in kind contributions, private sector funds, nonprofit grants and local government funding for the establishment of this facility.

(f) The department shall have all the powers necessary or appropriate to implement this section, including all the powers granted to a local government under Chapters 22, 23, and 25.

(g) Upon completion of the construction of the airport, the department shall contract with a private entity or a county or municipality for the long-term management, operation and maintenance of the facility. Such contract shall comply with all applicable Federal Aviation Agency regulations relating to the management, operation and maintenance of an airport.

The 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.

HB 2522 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 2522 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 HB 2522 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1. (Same as previous roll call)

HOUSE BILL 1096 ON SECOND READING

On motion of Senator Gallegos and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 1096, Relating to the creation of fire control, prevention, and emergency medical services districts by certain municipalities.

The bill was read second time.

Senator Gallegos offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 1096 as follows:

(1) On page 2, line 2, after "nor more than 550,000" insert ", or a municipality with a population of more than 1.9 million,".

(2) On page 3, line 7, add a new Subsection (g) to Section 344.051, Local Government Code, to read as follows:

(g) If the voters in a municipality with the population of more than 1.9 million create a fire control, prevention and EMS district under this chapter, the fire department shall comply with the minimum standards established by the National Fire

77th Legislature — Regular Session 77th Day

Protection Association or its successor in function regarding fire protection personnel operating at emergency incidents.

(3) On page 3, after line 22, add a new Subsection (e) to Section 344.052, Local Government Code, to read as follows:

(d) The term "governing body" in this section means the mayor if the municipality creating the district has a population of 1.9 million or more.

(4) On page 6, line 12, in Section 344.060, Local Government Code, after the word "body" insert "or mayor, as appropriate,".

The amendment was read and was adopted by the following vote: Yeas 22, Nays 6, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Cain, Carona, Ellis, Gallegos, Harris, Haywood, Lindsay, Lucio, Madla, Moncrief, Ogden, Shapleigh, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini.

Nays: Fraser, Jackson, Nelson, Shapiro, Sibley, Staples.

Present-not voting: Mr. President.

Absent: Brown, Duncan.

Senator Gallegos offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 1096 as follows:

(1) On page 2, line 48, after "law" strike all text through the end of the sentence on page 2, line 52, and substitute the following: "and is included in computing a combined sales and use tax rate for purposes of any limitation provided by law on the maximum combined sales and use tax rate of political subdivisions".

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

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

HB 1096 as amended was passed to third reading by a viva voce vote.

RECORD OF VOTE

Senator Nelson asked to be recorded as voting "Nay" on the passage of HB 1096 to third reading.

HOUSE BILL 1096 ON THIRD READING

Senator Gallegos moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1096 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 1, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla,

Monday, May 21, 2001

SENATE JOURNAL

Moncrief, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini.

Nays: Nelson.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 29, Nays 1, Present-not voting 1. (Same as previous roll call)

COMMITTEE SUBSTITUTE

HOUSE BILL 1772 ON SECOND READING

On motion of Senator Harris and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

CSHB 1772, Relating to the approval and financing of sports and community venue projects.

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

RECORD OF VOTE

Senator Nelson asked to be recorded as voting "Nay" on the passage of CSHB 1772 to third reading.

COMMITTEE SUBSTITUTE

HOUSE BILL 1772 ON THIRD READING

Senator Harris moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 1772 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 1, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini.

Nays: Nelson.

Present-not voting: Mr. President.

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

RECORD OF VOTE

Senator Nelson asked to be recorded as voting "Nay" on the final passage of CSHB 1772.

77th Legislature — Regular Session 77th Day

HOUSE BILL 1203 ON SECOND READING

On motion of Senator Fraser and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 1203, Relating to the purchase of certain insurance coverage by state agencies and to workers' compensation insurance benefits provided by certain state agencies.

The bill was read second time.

Senator Fraser offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 1203 as follows:

1. On page one, lines 20-22, strike "; and (B) an institution of higher education as defined by Section 61.003, Education Code"

2. On page one, line 34, strike "and (d)"

3. On page one, line 55, between "501" and "under", insert ", except for an institution subject to Section 501.022,"

4. On page one, lines 58-61 strike subsection (d) in its entirety and renumber remaining subsections accordingly.

5. On page two, line 3, between "501" and "may" insert ", except for an institution subject to Section 501.022,"

6. On page two, lines 11-27, strike SECTION 1.03 in its entirety and renumber remaining SECTIONS accordingly.

7. On page five, lines 21-27, strike "The report must include: (1) a description of the services offered by the office to state agencies that are not subject to Chapter 501; and (2) a statement identifying any insurance coverage purchased by such a state agency that was not obtained through a bid for that purchase offered by the office."

8. On page 6, line 17, strike SECTION 1.12 in its entirety and renumber existing SECTIONS accordingly.

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

Senator Fraser offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 1203 as follows:

1. On page six, line 40, strike "2001" and replace with "2002"

2. On page six, line 41, strike "2001" and replace with "2002"

The 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 HB 1203 as follows:

(1) On page 1, line 38, insert the following Subsection (b)(3) and renumber subsequent Subsections appropriately:

(3) administer the program for the purchase of surety bonds for state officers and employees as provided by Chapter 653, Government Code;

(2) On page 6, line 17, insert new SECTION 1.12 through SECTION 1.16 and renumber subsequent SECTIONS appropriately:

Monday, May 21, 2001

SENATE JOURNAL

SECTION 1.12. Section 653.002, Government Code, is amended to read as follows:

Sec. 653.002. LEGISLATIVE INTENT. The intent of the legislature in enacting this chapter is to limit the purchase of surety bonds by state agencies in order that the state, to the greatest extent practicable, shall self-insure for such purposes [prescribe:

(1) uniform standards for the bonding of officers and employees of state agencies to provide protection against loss; and

(2) a uniform bond to cover those officers and employees ]. This chapter does not affect the purchase by a state agency of any form of insurance other than a surety bond.

SECTION 1.13. Section 653.003, Government Code, is amended to read as follows:

Sec. 653.003. DEFINITIONS. In this chapter:

(1) "Surety bond [Bond ]" means any bond [an agreement ] , including a bond for a notary public under Section 406.010, that obligates [obligating an insurance company, as ] a surety[, ] to pay within certain limits a loss caused by a:

(A) dishonest act of an officer or employee of a state agency; or

(B) failure of an officer or employee of a state agency to faithfully perform a duty of the officer's or employee's office or position.

(2) "Office" means the State Office of Risk Management ["Faithful performance blanket position bond" means a bond that:

(A) covers all positions in a state agency; and

(B) is conditioned on the faithful performance of the officers' and employees' duties .

(3) "Honesty blanket position bond" means a bond that covers all positions in a state agency for a specific amount for each position.

(4) "Position schedule honesty bond" means a bond that covers, for a specific amount for each position, the honesty of an employee of a state agency who occupies and performs the duties of a position listed in a schedule attached to the bond.

(5) "Specific excess indemnity" means additional bond coverage that exceeds the coverage specified in a faithful performance blanket position bond, honesty blanket position bond, or position schedule honesty bond.

(6) ] "State agency" means a state department, commission, board, institution, court, or institution of higher education. The term also includes a soil conservation district of the state but does not include any other political subdivision of the state.

SECTION 1.14. Section 653.004, Government Code, is amended to read as follows:

Sec. 653.004. AUTHORITY TO PURCHASE BONDS. (a) Notwithstanding any other law that authorizes or requires a state officer or employee to obtain a surety bond, [The head of ] a state agency may purchase a surety bond for a state officer or employee only if [contract for ]:

(1) required by the constitution of this state or by federal law or regulation [a position schedule honesty bond covering not more than 10 offices or positions of the state agency ]; [or ]

(2) required by court order; or

(3) approved by the office [a blanket position bond for more than two offices or positions of the state agency ].

(b) The office may approve the purchase of a surety bond if:

(1) the office finds that the surety bond is warranted by a substantial or unusual risk of loss; or

77th Legislature — Regular Session 77th Day

(2) The office otherwise determines that the purchase of a surety bond is necessary to protect the interests of the state [head of a state agency may not contract for coverage of the same office or position under more than one type of bond, other than for specific excess indemnity authorized under Subsection (c).

(c) The head of a state agency, other than the comptroller or the state treasurer, may contract for specific excess indemnity coverage in addition to a blanket bond. The comptroller or the state treasurer may contract for:

(1) specific excess indemnity coverage in addition to an honesty blanket position bond or to a position schedule honesty bond; and

(2) a faithful performance blanket position bond.

(d) A bond covers the office or position rather than the officer or employee in the office or position .

SECTION 1.15. Section 653.005, Government Code, is amended to read as follows:

Sec. 653.005. SCOPE AND AMOUNT OF BOND COVERAGE. [(a) ] Unless the amount of bond coverage is established as provided by Subsections (a)(1) and (a)(2) of Section 653.004, [The head of a state agency ] the office shall determine the necessary scope and amount of bond coverage for a state [the ] agency [within the maximum bond coverage limit.

(b) The maximum bond coverage on a state officer or employee, including specific excess indemnity coverage, may not exceed $10,000 unless the state auditor recommends and approves specific excess indemnity coverage of more than $10,000 as necessary to protect the state ].

SECTION 1.16. Chapter 653, Government Code, is amended by adding Section 653.012 to read as follows:

Sec. 653.012. QUALIFICATION FOR OFFICE OR EMPLOYMENT. Notwithstanding any other law that requires a state officer or employee to obtain a surety bond, a state officer or employee otherwise qualified to hold office, employment, or to serve as a notary public shall not be disqualified because a surety bond has not been obtained for such officer or employee.

(3) On page 6, following line 64, add Subsection (e) to read as follows:

(e) The changes made by this Act to Chapter 653, Government Code, shall not apply to payments made under an agreement to purchase a surety bond entered into by a state agency before the effective date of this Act.

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

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

HB 1203 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 1203 ON THIRD READING

Senator Fraser moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1203 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

Monday, May 21, 2001

SENATE JOURNAL

VOTE RECONSIDERED ON

HOUSE BILL 2218

On motion of Senator Staples and by unanimous consent, the vote by which HB 2218 was finally passed was reconsidered:

HB 2218, Relating to the amount of the international education fee charged at certain institutions of higher education.

Question—Shall HB 2218 be finally passed?

Senator Staples offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2218 (Enrolled Version) on page 1, line 11 after "." insert the following: The amount of the fee may be increased only if the increase is approved by a majority vote of the students at the institution participating in an election called for that purpose.

By unanimous consent, the amendment was read and was adopted by a viva voce vote.

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

HB 2218 as amended was again finally passed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

HOUSE BILL 2855 ON SECOND READING

On motion of Senator Wentworth and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 2855, Relating to the ratification of the creation of and to the administration, powers, duties, operation, taxing authority, and financing of the Southeast Trinity Groundwater Conservation District.

The bill was read second time.

Senator Wentworth offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2855 as follows:

(1)  In the SECTION of the bill relating to the board of directors, in the subsection naming the temporary directors, strike "Larry Hull" and substitute "Kenneth Fiedler, Jr.".

(2)  Add appropriately numbered new SECTIONS to the bill, and appropriately renumber subsequent sections of the bill, to read as follows:

SECTION _____.  BONDS. The district may not issue bonds before September 1, 2004.

SECTION _____.  MUNICIPALITY'S OPTION TO CHOOSE DISTRICT. (a) If any part of a municipality, a part of which is included within the boundaries of the

77th Legislature — Regular Session 77th Day

district, is included within the boundaries of one or more other groundwater conservation districts created by special Act of the 77th Legislature, Regular Session, 2001, and confirmed at a subsequent election called for the purpose, the municipality, not later than August 31, 2004, at an election called for the purpose, may vote to choose the one groundwater conservation district of which it will be a part.

(b)  If, after a municipality has held an election authorized by Subsection (a), another groundwater conservation district created by special Act of the 77th Legislature, Regular Session, 2001, that includes any part of the municipality is confirmed at an election called for the purpose and if the district of which the municipality has chosen to be a part has not issued bonds secured by ad valorem taxes on any land within the boundaries of the municipality, the municipality may hold another election under this section to choose whether to remain within the groundwater conservation district of which it has chosen to be a part or to separate from that district and become part of the newly confirmed groundwater conservation district. The district may hold another election under this section, regardless of the number of previous elections under this section, at any time a district described by Subsection (a) is confirmed.

(c)  An election under this section shall be held according to the requirements of the Election Code, except to the extent of any conflict with the requirements of this section. Section 41.001(a), Election Code, does not apply to an election under this section.

(d)  This section and the results of an election held under this section prevail over the provisions of any other Act of the 77th Legislature, Regular Session, 2001, regardless of the relative dates on which this Act and the other Act may be enacted and become law.

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

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

HB 2855 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 2855 ON THIRD READING

Senator Wentworth moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2855 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

HOUSE BILL 323 ON SECOND READING

On motion of Senator Lucio and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 323, Relating to establishing a center for border economic and enterprise development at The University of Texas at Brownsville.

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

Monday, May 21, 2001

SENATE JOURNAL

HOUSE BILL 323 ON THIRD READING

Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 323 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1. (Same as previous roll call)

HOUSE BILL 631 ON SECOND READING

On motion of Senator Whitmire and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 631, Relating to fines for illegal dumping.

The bill was read second time.

Senator Brown offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 631, on page 3, line 15, by inserting the following after Subsection (n) to read as follows:

(o) For purposes of a prosecution under subsection (g) of this section, a generator creates a rebuttable presumption of lack of culpable mental state if the generator of the solid waste to be disposed of secures, prior to the hauler's receipt of the solid waste, a signed statement from the hauler that the solid waste will be disposed of legally. The statement shall include the hauler's valid Texas drivers license number.

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

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

HB 631 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 631 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 HB 631 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

77th Legislature — Regular Session 77th Day

HOUSE BILL 824 ON SECOND READING

The President laid before the Senate HB 824 on its second reading.

The bill was read second time and further consideration was postponed on Thursday, May 17, 2001:

HB 824, Relating to the exemption from ad valorem taxation of property owned by certain nonprofit county fair associations.

Question—Shall HB 824 be passed to third reading?

Senator Bernsen offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 824, Senate Committee Printing, as follows:

On page 1, line 18, insert the following after "fairs." and before "To":

An association that holds a license under the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes) to conduct a horse race meeting or a greyhound race meeting with pari-mutuel wagering is not entitled to an exemption under this subsection. Land or a building used to conduct a horse race meeting or a greyhound race meeting with pari-mutuel wagering under that Act may not be exempted under this subsection.

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

Senator Wentworth offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 824 as follows:

(1) In the first line of the new language proposed by the amendment, between "holds a license" and "under the Texas Racing Act", insert "issued after January 1, 2001,".

(2) In the fourth line of the new language proposed by the amendment, between "pari-mutuel wagering" and "under that", insert "under a license issued after January 1, 2001,".

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

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

HB 824 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 824 ON THIRD READING

Senator Bernsen moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 824 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

Monday, May 21, 2001

SENATE JOURNAL

HOUSE BILL 1566 ON SECOND READING

On motion of Senator Harris and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 1566, Relating to the authority of a governmental entity to take emergency possession of a child and to the services provided for the child.

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

HOUSE BILL 1566 ON THIRD READING

Senator Harris moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1566 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

HOUSE BILL 154 ON SECOND READING

On motion of Senator Gallegos and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 154, Relating to the personal needs allowance for certain Medicaid recipients who are residents of long-term care facilities.

The bill was read second time.

Senator Gallegos offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 154 (senate committee report) as follows:

(1) Add a new SECTION 2 of the bill to read as follows:

SECTION 2. Section 32.021, Human Resources Code, is amended by adding new subsection (p) to read as follows:

(p) In order to increase the personal needs allowance under Section 32.024(v), Human Resources Code, the department shall develop an early warning system:

(1) to detect fraud in the handling of personal needs allowance and other funds of residents of long-term care facilities;

(2) to detect conditions that could be detrimental to the health, safety, and welfare of residents; and

(3) that includes a quality-of-care monitoring program.

(2) Renumber subsequent SECTIONS of the bill accordingly.

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

Senator Gallegos offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 154 in SECTION 1 of the bill, in amended Section 32.024(v), Human Resources Code (Senate committee report, page 1, line 17), by striking

77th Legislature — Regular Session 77th Day

"[, subject to the availability of funds, ]" and substituting ", subject to the availability of funds,".

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

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

HB 154 as amended was passed to third reading by a viva voce vote.

RECORD OF VOTES

Senators Haywood, Nelson, and Shapiro asked to be recorded as voting "Nay" on the passage of HB 154 to third reading.

HOUSE BILL 154 ON THIRD READING

Senator Gallegos moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 154 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 27, Nays 3, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Jackson, Lindsay, Lucio, Madla, Moncrief, Ogden, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini.

Nays: Haywood, Nelson, Shapiro.

Present-not voting: Mr. President.

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

RECORD OF VOTES

Senators Haywood, Nelson, and Shapiro asked to be recorded as voting "Nay" on the final passage of HB 154.

HOUSE BILL 1925 ON SECOND READING

On motion of Senator Staples and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 1925, Relating to the creation of an offense prohibiting certain weapons within 1,000 feet of a place of execution.

The bill was read second time.

Senator Staples offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 1925 (Committee Printing) in SECTION 2 of the bill, in proposed Section 46.03(i), Penal Code, as follows:

(i) It is an exception to the application of Subsection (a)(6) that the actor possessed a firearm or club:

(1) while in a vehicle being driven on a public road; [or ]

(2) at the actor's residence; or [place of employment ]

Monday, May 21, 2001

SENATE JOURNAL

(3) while in the actual discharge of the actor's official duties as:

(A) a member of the armed forces or national guard,

(B) an employee of a penal institution, or

(C) a peace officer.

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

Senator Staples offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 1925 as follows:

(1)  In SECTION 2 of the bill, in the introductory language of the section (senate committee printing, page 1, line 41), strike "Subsection (i)" and substitute "Subsections (i) and (j)".

(2)  In SECTION 2 of the bill (senate committee printing, page 1, between lines 46 and 47), insert the following:

(j)  Notwithstanding any other provision of this code, the legislature has the exclusive authority to regulate the possession and carrying of a firearm. A government entity, other than the legislature, may not by any means regulate the possession or carrying of a firearm on premises that are under the control of the government entity and that are open to the public.

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

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

HB 1925 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 1925 ON THIRD READING

Senator Staples moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1925 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

COMMITTEE SUBSTITUTE

HOUSE BILL 116 ON SECOND READING

On motion of Senator Truan and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

CSHB 116, Relating to registration with the Selective Service System of certain applicants for a driver's license.

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

RECORD OF VOTE

Senator Ogden asked to be recorded as voting "Nay" on the passage of CSHB 116 to third reading.

77th Legislature — Regular Session 77th Day

COMMITTEE SUBSTITUTE

HOUSE BILL 116 ON THIRD READING

Senator Truan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 116 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 1, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini.

Nays: Ogden.

Present-not voting: Mr. President.

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

RECORD OF VOTE

Senator Ogden asked to be recorded as voting "Nay" on the final passage of CSHB 116.

HOUSE BILL 2087 ON SECOND READING

On motion of Senator Haywood and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 2087, Relating to civil liability for the manufacture of methamphetamine.

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

HOUSE BILL 2087 ON THIRD READING

Senator Haywood moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2087 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1. (Same as previous roll call)

HOUSE BILL 3312 ON SECOND READING

On motion of Senator Moncrief and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 3312, Relating to establishing a pilot program for state emergency medical dispatch resource centers.

The bill was read second time.

Monday, May 21, 2001

SENATE JOURNAL

(Senator Armbrister in Chair)

Senator Moncrief offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 3312 in SECTION 1 of the bill by striking added Section 771.105, Health and Safety Code (Senate committee printing page 2, lines 12-14), and substituting the following:

Sec. 771.105.  FUNDING OF PILOT PROGRAM. Money in the 9-1-1 services fee fund may be appropriated to the Texas Department of Health to fund the pilot program. The department is also authorized to seek grant funding for the pilot program. The provisions in this subchapter that require the department to establish, conduct, and evaluate the pilot program are contingent on the department receiving funding in accordance with this section.

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

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

HB 3312 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 3312 ON THIRD READING

Senator Moncrief moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 3312 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

HOUSE BILL 3591 ON SECOND READING

On motion of Senator Bivins and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 3591, Relating to including certain libraries of nonprofit corporations in the TexShare consortium and authorizing grants from the telecommunications infrastructure fund to those libraries.

The bill was read second time.

Senator Bivins offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 3591 by Hunter as follows: (1) at page 3, line 23 by adding new SECTION 7 to read as follows and renumbering the current SECTIONS of the bill accordingly.

SECTION 7. Subsection (a), Section 58.253, Utilities Code, is amended to read as follows:

(a) On customer request, an electing company shall provide private network services to:

77th Legislature — Regular Session 77th Day

(1) an educational institution;

(2) a library; as defined in 57.042(6)(A) and (B);

(3) a nonprofit telemedicine center;

(4) a public or not-for-profit hospital;

(5) a project eligible to have been funded by the telecommunications infrastructure fund under Subchapter C, Chapter 57, ; as of January 1, 2001; or

(6) a legally constituted consortium or group of entities listed in this subsection.

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

On motion of Bivins and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

HB 3591 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 3591 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 HB 3591 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

HOUSE BILL 2383 ON SECOND READING

On motion of Senator Madla and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 2383, Relating to certain grounds for the denial of an application for, the refusal to renew, and the suspension of a license as a licensed chemical dependency counselor and for the restriction of a counselor intern.

The bill was read second time.

Senator Madla offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2383, in SECTION 7 of the bill, in proposed Section 504.255(a), Occupations Code, by striking Subdivision (2) of that subsection (senate committee printing page 2, lines 62 and 63), and substituting the following:

"(2)  sufficient time, as determined by commission rule, has expired since the date of the conviction or placement."

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

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

HB 2383 as amended was passed to third reading by a viva voce vote.

Monday, May 21, 2001

SENATE JOURNAL

HOUSE BILL 2383 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 HB 2383 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

HOUSE BILL 3507 ON SECOND READING

On motion of Senator Moncrief and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 3507, Relating to the regulation of dentistry and the provision of dental services.

The bill was read second time.

Senator Moncrief offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 3507 (Senate committee printing) as follows:

(1)  In Section 1.01 of the bill, in added Section 32.053(a), Human Resources Code (page 1, lines 19 and 20), strike "parameters of care of the American Dental Association" and substitute "American Dental Association's Parameters of Care for Dentistry".

(2)  In Section 1.01 of the bill, strike Sections 32.053(c)(5) and 32.053(d), Human Resources Code (page 1, line 45, through page 2, line 8), and substitute:

(5)  take all necessary action to eliminate unlawful acts described by Section 36.002 in the provision of dental services under the medical assistance program, including:

(A)  aggressively investigating and prosecuting any dentist who abuses the system for reimbursement under the medical assistance program; and

(B)  conducting targeted audits of dentists whose billing activities under the medical assistance program are excessive or otherwise inconsistent with the billing activities of other similarly situated dentists.

(d)  In setting reimbursement rates for dental services under the medical assistance program, the department shall:

(1)  reduce the amount of the hospitalization fee in effect on December 1, 2000, and redistribute amounts made available through reduction of that fee to other commonly billed dental services for which adequate accountability measures exist;

(2)  eliminate the nutritional consultation fee and redistribute amounts made available through elimination of that fee to other commonly billed dental services for which adequate accountability measures exist;

77th Legislature — Regular Session 77th Day

(3)  provide for reimbursement of a behavior management fee only if:

(A)  the patient receiving dental treatment has been previously diagnosed with mental retardation or a mental disability or disorder, and extraordinary behavior management techniques are necessary for therapeutic dental treatment because of the patient's uncooperative behavior; and

(B)  the dentist includes in the patient's records and on the claim form for reimbursement a narrative description of:

(i)  the specific behavior problem demonstrated by the patient that required the use of behavior management techniques;

(ii)  the dentist's initial efforts to manage the patient's behavior through routine behavior management techniques; and

(iii)  the dentist's extraordinary behavior management techniques subsequently required to manage the patient's behavior; and

(4)  redistribute amounts made available through limitation of the behavior management fee under Subdivision (3) to other commonly billed dental services for which adequate accountability measures exist.

(3)  In Section 2.02(b) of the bill (page 2, line 61), between "of" and "human", insert "health and".

(4)  In Section 2.03(a) of the bill (page 4, line 24), between "of" and "human", insert "health and".

(5)  In Section 3.02 of the bill, in added Section 256.0531(d)(2), Occupations Code (page 5, line 19), strike "and".

(6)  In Section 3.02 of the bill, in added Section 256.0531(d)(3), Occupations Code (page 5, line 21), after "years" and before the period, insert:

; and

(4)  have posted a notice visible to patients stating: "This practice has been approved as an alternative dental hygiene training program. Students in the program may be performing services."

(7)  In Section 3.02 of the bill, in added Section 256.0531(h), Occupations Code (page 5, line 41), strike "implement" and substitute "approve".

(8)  In Section 3.02 of the bill, in added Section 256.0531(j), Occupations Code (page 5, line 55), strike "board".

(9)  In Section 3.02 of the bill, after added Section 256.0531, Occupations Code (page 5, between lines 57 and 58), insert:

(k)  A student in an alternative dental hygiene training program is not considered to be practicing dentistry as described by Section 251.003.

(l)  The board may adopt rules necessary to implement this section. The board shall adopt a rule requiring notification to dental hygiene students that accreditation of the alternative dental hygiene training program is a requirement for obtaining a license under this chapter.

(10)  In Section 4.03 of the bill, in added Section 265.003(b), Occupations Code (page 6, lines 52 and 53), strike "if the assistant is certified to apply a pit and fissure sealant under Section 265.004" and substitute:

if:

(1)  the assistant is certified to apply a pit and fissure sealant under Section 265.004; and

(2)  the dentist described by Subsection (a) is a Medicaid provider

(11)  In Article 5 of the bill, in the heading to the article (page 7, line 20), strike "RECIPROCAL".

Monday, May 21, 2001

SENATE JOURNAL

(12)  In Section 5.01 of the bill, in the introductory language for that section (page 7, line 21), strike "Chapter 262" and substitute "Chapter 256".

(13)  In Section 5.01 of the bill, in the introductory language for that section (page 7, line 22), strike "Section 262.1015" and substitute "Section 256.1015".

(14)  In Section 5.01 of the bill, in added Section 262.1015, Occupations Code (page 7, line 23), strike "262.1015. TEMPORARY RECIPROCAL LICENSE" and substitute "256.1015. TEMPORARY LICENSE".

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

(President in Chair)

Senator Carona offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 3507 by striking Article 3 in its entirety.

The amendment was read and was adopted by the following vote: Yeas 16, Nays 14, Present-not voting 1.

Yeas: Barrientos, Bernsen, Brown, Cain, Carona, Ellis, Fraser, Gallegos, Jackson, Lindsay, Lucio, Ogden, Truan, Van de Putte, West, Whitmire.

Nays: Armbrister, Bivins, Duncan, Harris, Haywood, Madla, Moncrief, Nelson, Shapiro, Shapleigh, Sibley, Staples, Wentworth, Zaffirini.

Present-not voting: Mr. President.

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

HB 3507 as amended was passed to third reading by a viva voce vote.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 21, 2001

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:

HCR 296, Instructing the enrolling clerk of the house to make corrections in H.B. No. 1072.

THE HOUSE HAS CONCURRED IN SENATE AMENDMENTS TO THE FOLLOWING MEASURES:

HB 776 (viva-voce vote)

HB 1368 (viva-voce vote)

HB 2098 (viva-voce vote)

HB 3067 (viva-voce vote)

77th Legislature — Regular Session 77th Day

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 6

House Conferees: Dunnam - Chair/Hardcastle/Olivo/Sadler/Smith

HB 236

House Conferees: Hinojosa - Chair/Dunnam/Keel/Kitchen/Martinez Fischer

HB 658

House Conferees: Junell - Chair/Coleman/Gallego/Heflin/West, George "Buddy"

HB 1869

House Conferees: Wohlgemuth - Chair/Averitt/Bosse/Ramsay/Walker

HB 1922

House Conferees: McCall - Chair/Bosse/Gallego/Gray/Wolens

HB 2446

House Conferees: Glaze - Chair/Capelo/Coleman/Dunnam/Uresti

HB 2572

House Conferees: McReynolds - Chair/Christian/Cook/Lewis, Ron/Walker

HB 2809

House Conferees: Wolens - Chair/King, Phil/Shields/Thompson/Uher

HB 3313

House Conferees: Dunnam - Chair/Dutton/Hardcastle/Hochberg/Olivo

THE HOUSE HAS GRANTED THE REQUEST OF THE SENATE FOR THE APPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWING MEASURES:

SB 22

House Conferees: Smith - Chair/Gray/Madden/Maxey/Uresti

SB 305

House Conferees: Bosse - Chair/Alexander/Davis, Yvonne/Kuempel/McCall

SB 310

House Conferees: Chisum - Chair/Bosse/Kitchen/Lewis, Ron/Merritt

SB 507

House Conferees: Dutton - Chair/Bailey/Bosse/Brimer/Hamric

SB 1119

House Conferees: Hinojosa - Chair/Dunnam/Keel/Puente/Talton

SB 1444

House Conferees: Walker - Chair/Cook/Counts/King, Tracy/Lewis, Ron

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

Monday, May 21, 2001

SENATE JOURNAL

BILLS AND RESOLUTIONS SIGNED

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

HB 177, HB 663, HB 815, HB 978, HB 1053, HB 1154, HB 1267, HB 1505, HB 1681, HB 1683, HB 1688, HB 1909, HB 1941, HB 1995, HB 1999, HB 2002, HB 2029, HB 2032, HB 2054, HB 2190, HB 2246, HB 2278, HB 2312, HB 2336, HB 2344, HB 2349, HB 2362, HB 2367, HB 2459, HB 2495, HB 2550, HB 2580, HB 2604, HB 2616, HB 2690, HB 2746, HB 2869, HB 2882, HB 2947, HB 3015, HB 3028, HB 3034, HB 3096, HB 3134, HB 3150, HB 3258, HB 3286, HB 3356, HB 3403, HB 3413, HB 3414, HB 3558, HB 3637, HB 3640, HB 3642, HB 3649, HCR 203, HCR 283, HCR 286, HB 560, HB 651, HB 1027, HB 1415, HB 1765, HB 2260, HB 2518, HB 2677, HB 3055, HB 3193, HB 3667, HB 3678, HCR 104, HCR 239, HCR 285, HJR 2.

SENATE RULE 11.13 SUSPENDED

(Consideration of Bills in Committee)

On motion of Senator Bivins and by unanimous consent, Senate Rule 11.13 was suspended to grant the conference committee on HB 3343 permission to meet today while the Senate was meeting.

RECESS

On motion of Senator Truan, the Senate at 12:26 p.m. recessed until 1:00 p.m. today.

AFTER RECESS

The Senate met at 1:00 p.m. and was called to order by the President.

HOUSE BILL 3507 ON THIRD READING

Senator Moncrief moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 3507 be placed on its third reading and final passage:

HB 3507, Relating to the regulation of dentistry and the provision of dental services.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

SENATE BILL 768 WITH HOUSE AMENDMENTS

Senator Madla called SB 768 from the President's table for consideration of the House amendments to the bill.

The President laid the bill and the House amendments before the Senate.

77th Legislature — Regular Session 77th Day

Amendment

Amend SB 768 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of the practice of pharmacy and the dispensing of certain drugs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 551.003(12), (30), and (36), Occupations Code, are amended to read as follows:

(12)  "Dangerous drug" means a drug or device that:

(A)  is not included in Penalty Group 1, 2, 3, or 4, Chapter 481, Health and Safety Code, and is unsafe for self-medication; or

(B)  bears or is required to bear the legend:

(i)  "Caution: federal law prohibits dispensing without prescription" or "Rx only" or another legend that complies with federal law; or

(ii)  "Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian."

(30)  "Pharmacist-intern" means:

(A)  an undergraduate student who is enrolled in the professional sequence of a college of pharmacy approved by the board and who is participating in a [school-based ] board-approved internship program; or

(B)  a graduate of a college of pharmacy who is participating in a board-approved internship.

(36)  "Prescription drug" means:

(A)  a substance for which federal or state law requires a prescription before the substance may be legally dispensed to the public;

(B)  a drug or device that under federal law is required, before being dispensed or delivered, to be labeled with [either of ] the statement [following statements ]:

(i)  "Caution: federal law prohibits dispensing without prescription" or "Rx only" or another legend that complies with federal law; or

(ii)  "Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian"; or

(C)  a drug or device that is required by federal or state statute or regulation to be dispensed on prescription or that is restricted to use by a practitioner only.

SECTION 2. Section 559.003(d), Occupations Code, is amended to read as follows:

(d)  If a person's license has been expired for one year or more, the person's license is considered to have been canceled and the person may not renew the license unless the license is the subject of a pending investigation or disciplinary action.

SECTION 3. Section 559.053, Occupations Code, is amended to read as follows:

Sec. 559.053.  PROGRAM HOURS REQUIRED. A license holder satisfies the continuing education requirement by presenting evidence satisfactory to the board of completion of at least 30 [24 ] hours of continuing education during the preceding 24 months of the person's license period.

Monday, May 21, 2001

SENATE JOURNAL

SECTION 4. Section 560.002(a), Occupations Code, is amended to read as follows:

(a)  A person may not display in or on a place of business the word "pharmacy" or "apothecary" in any language, any word or combination of words of the same or similar meaning, or a graphic representation that would lead or tend to lead the public to believe that the business is a pharmacy unless the facility is a pharmacy licensed under this chapter.

SECTION 5. Section 561.005, Occupations Code, is amended to read as follows:

Sec. 561.005.  SUSPENSION OF PHARMACY LICENSE FOR NONRENEWAL. (a) The board shall suspend the license and remove from the register of licensed pharmacies the name of a pharmacy that does not file a completed application and pay the renewal fee on or before the date the license expires.

(b)  After review by the board, the board may determine that Subsection (a) does not apply if the license is the subject of a pending investigation or disciplinary action.

SECTION 6. Subchapter C, Chapter 562, Occupations Code, is amended by adding Section 562.108 to read as follows:

Sec. 562.108.  EMERGENCY MEDICATION KITS. (a) A Class A or Class C pharmacy may maintain controlled substances and dangerous drugs in an emergency medication kit used at an institution licensed under Chapter 242 or 252, Health and Safety Code. The controlled substances and dangerous drugs may be used only for the emergency medication needs of a resident at that institution.

(b)  The board shall adopt rules relating to emergency medication kits, including:

(1)  the amount and type of dangerous drugs and controlled substances that may be maintained in an emergency medication kit;

(2)  procedures regarding the use of drugs from an emergency medication kit;

(3)  recordkeeping requirements; and

(4)  security requirements.

SECTION 7.  Section 565.001(a), Occupations Code, is amended to read as follows:

(a)  The board may discipline an applicant for or the holder of a license to practice pharmacy if the board finds that the applicant or license holder has:

(1)  violated this subtitle or a board rule adopted under this subtitle;

(2)  engaged in unprofessional conduct as defined by board rule;

(3)  engaged in gross immorality as defined by board rule;

(4)  developed an incapacity that prevents the applicant or license holder from practicing pharmacy with reasonable skill, competence, and safety to the public;

(5)  engaged in fraud, deceit, or misrepresentation, as defined by board rule, in practicing pharmacy or in seeking a license to practice pharmacy;

(6)  been convicted of a misdemeanor involving moral turpitude or a felony;

(7)  used alcohol or drugs in an intemperate manner that, in the board's opinion, could endanger a patient's life [developed a drug or alcohol dependency ];

(8)  failed to maintain records required by this subtitle or failed to maintain complete and accurate records of purchases or disposals of drugs listed in Chapter 481 or 483, Health and Safety Code, or the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.);

(9)  violated any provision of:

(A)  Chapter 481 or 483, Health and Safety Code, or the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.), or rules relating to one of those laws;

77th Legislature — Regular Session 77th Day

(B)  Section 485.031, 485.032, 485.033, 485.034, or 485.035, Health and Safety Code; or

(C)  a rule adopted under Section 485.011, Health and Safety Code;

(10)  aided or abetted an unlicensed person in the practice of pharmacy if the pharmacist knew or reasonably should have known that the person was unlicensed at the time;

(11)  refused entry into a pharmacy for an inspection authorized by this subtitle if the pharmacist received notification from which the pharmacist knew or reasonably should have known that the attempted inspection was authorized;

(12)  violated any pharmacy or drug statute or rule of this state, another state, or the United States;

(13)  been negligent in the practice of pharmacy;

(14)  failed to submit to an examination after hearing and being ordered to do so by the board under Section 565.052;

(15)  dispensed a prescription drug while acting outside the usual course and scope of professional practice; or

(16)  had a license to practice pharmacy issued by another state canceled, revoked, surrendered, or suspended for conduct substantially equivalent to conduct described under this subsection.

SECTION 8. Section 481.074(a), Health and Safety Code, is amended to read as follows:

(a)  A pharmacist may not:

(1)  dispense or deliver a controlled substance or cause a controlled substance to be dispensed or delivered under the pharmacist's direction or supervision except under a valid prescription and in the course of professional practice;

(2)  dispense a controlled substance if the pharmacist knows or should have known that the prescription was issued without a valid patient-practitioner relationship;

(3)  fill a prescription that is not prepared or issued as prescribed by this chapter;

(4) [(3) ]  permit or allow a person who is not a licensed pharmacist or pharmacist intern to dispense, distribute, or in any other manner deliver a controlled substance even if under the supervision of a pharmacist, except that after the pharmacist or pharmacist intern has fulfilled his professional and legal responsibilities, a nonpharmacist may complete the actual cash or credit transaction and delivery; or

(5) [(4) ]  permit the delivery of a controlled substance to any person not known to the pharmacist, the pharmacist intern, or the person authorized by the pharmacist to deliver the controlled substance without first requiring identification of the person taking possession of the controlled substance, except as provided by Subsection (n).

SECTION 9. Section 483.001(2), Health and Safety Code, is amended to read as follows:

(2)  "Dangerous drug" means a device or a drug that is unsafe for self-medication and that is not included in Schedules I through V or Penalty Groups 1 through 4 of Chapter 481 (Texas Controlled Substances Act). The term includes a device or a drug that bears or is required to bear the legend:

(A)  "Caution: federal law prohibits dispensing without prescription" or "Rx only" or another legend that complies with federal law; or

Monday, May 21, 2001

SENATE JOURNAL

(B)  "Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian."

SECTION 10. Section 483.021(a), Health and Safety Code, is amended to read as follows:

(a)  A pharmacist who is requested to dispense a dangerous drug under a prescription issued by a practitioner [described by Section 483.001(12)(C) ] shall determine, in the exercise of the pharmacist's professional judgment, that[:

[(1) ]  the prescription is [authentic;

[(2)  the prescription was issued under ] a valid prescription [patient-physician relationship; and

[(3)  the prescribed drug is considered necessary for the treatment of illness ]. A pharmacist may not dispense a dangerous drug if the pharmacist knows or should have known that the prescription was issued without a valid patient-practitioner relationship.

SECTION 11.  Sections 242.615 and 252.153, Health and Safety Code, are repealed.

SECTION 12.  (a)  In accordance with Section 311.031(c), Government Code, which gives effect to a substantive amendment enacted by the same legislature that codifies the amended statute, the text of Sections 559.053 and 561.005, Occupations Code, as set out in Sections 3 and 5 of this Act, gives effect to changes made by Chapter 1518, Acts of the 76th Legislature, Regular Session, 1999.

(b)  To the extent of any conflict, this Act prevails over another Act of the 77th Legislature, Regular Session, 2001, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 13.  (a)  This Act takes effect September 1, 2001.

(b)  The change in law made by this Act to Section 559.053, Occupations Code, requiring additional hours of continuing education, applies only to a 24-month license period that begins on or after the effective date of this Act. A 24-month license period that begins before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

(c)  Not later than December 31, 2001, the Texas State Board of Pharmacy shall adopt the rules required by Section 562.108, Occupations Code, as added by this Act.

(d)  The Texas State Board of Pharmacy may enforce a rule adopted under Sections 242.615 and 252.153, Health and Safety Code. Those rules remain in effect until the Texas State Board of Pharmacy adopts rules under Subsection (c) of this section. A complaint, investigation, or other proceeding pending under Section 242.615 or 252.153, Health and Safety Code, is transferred without change in status to the Texas State Board of Pharmacy.

Floor Amendment No. 1

Amend CSSB 768 as follows:

(1)  Add the following section, appropriately numbered, and renumber the sections of the bill accordingly:

SECTION  _____. Subchapter A, Chapter 562, Occupations Code, is amended by adding Section 562.015 to read as follows:

Sec. 562.015.  PRESCRIPTION COMPLIANCE WITH FEDERAL LAW. A prescription issued by a practitioner must:

(1)  be in a format that protects confidentiality as required by the Health Insurance Portability and Accountability Act of 1996, and its subsequent amendments;

77th Legislature — Regular Session 77th Day

(2)  comply with federal and state law, including rules, with regard to formatting and security requirements; and

(3)  comply with 42 C.F.R. Section 447.331(c).

(2)  Strike SECTION 11 of the bill (house committee printing page 8, lines 6 and 7) and substitute the following appropriately numbered section:

SECTION _____. The following are repealed:

(1)  Sections 242.615 and 252.153, Health and Safety Code;

(2)  Sections 562.003 and 562.008(a), Occupations Code; and

(3)  Subchapter A, Chapter 563, Occupations Code.

The amendments were read.

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

The motion prevailed.

The President asked if there were any motions to instruct the conference committee on SB 768 before appointment.

There were no motions offered.

The President announced the appointment of the following conferees on the part of the Senate on the bill: Senators Madla, Chair; Lucio, Shapleigh, Harris, and Van de Putte.

CONFERENCE COMMITTEE ON HOUSE BILL 757

Senator Bernsen called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 757 and moved that the request be granted.

The motion prevailed.

The President asked if there were any motions to instruct the conference committee on HB 757 before appointment.

There were no motions offered.

Accordingly, the President announced the appointment of the following conferees on the part of the Senate on the bill: Senators Bernsen, Chair; Carona, Sibley, Nelson, and Shapleigh.

CONFERENCE COMMITTEE ON HOUSE BILL 695

Senator Wentworth called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 695 and moved that the request be granted.

The motion prevailed.

The President asked if there were any motions to instruct the conference committee on HB 695 before appointment.

There were no motions offered.

Accordingly, the President announced the appointment of the following conferees on the part of the Senate on the bill: Senators Wentworth, Chair; Carona, Fraser, Shapleigh, and Staples.

Monday, May 21, 2001

SENATE JOURNAL

SENATE BILL 214 WITH HOUSE AMENDMENTS

Senator Bernsen called SB 214 from the President's table for consideration of the House amendments to the bill.

The President laid the bill and the House amendments before the Senate.

Floor Amendment No. 1

Amend SB 214 by adding the following appropriately numbered SECTION and by renumbering existing SECTIONS accordingly:

SECTION _____. (a) Article 12.01, Code of Criminal Procedure, is amended to read as follows:

Art. 12.01.  FELONIES. Except as provided in Article 12.03, felony indictments may be presented within these limits, and not afterward:

(1)  no limitation: murder and manslaughter;

(2)  ten years from the date of the commission of the offense:

(A)  theft of any estate, real, personal or mixed, by an executor, administrator, guardian or trustee, with intent to defraud any creditor, heir, legatee, ward, distributee, beneficiary or settlor of a trust interested in such estate;

(B)  theft by a public servant of government property over which he exercises control in his official capacity; or

(C)  forgery or the uttering, using or passing of forged instruments; [or

[(D)  indecency with a child under Section 21.11(a)(2), Penal Code; ]

(3)  seven years from the date of the commission of the offense:

(A)  misapplication of fiduciary property or property of a financial institution;

(B)  securing execution of document by deception; or

(C)  a violation under Sections 153.403(22)-(39), Tax Code;

(4)  five years from the date of the commission of the offense:

(A)  theft, burglary, robbery;

(B)  arson; or

(C)  sexual assault, except as provided in Subsection (5) of this article;

(5)  ten years from the 18th birthday of the victim of the offense:

(A)  indecency with a child under Section 21.11(a)(1) or (2), Penal Code;

(B)  sexual assault under Section 22.011(a)(2), Penal Code; or

(C)  aggravated sexual assault under Section 22.021(a)(1)(B), Penal Code; or

(6)  three years from the date of the commission of the offense: all other felonies.

(b)  The change in law made by this Act in amending Article 12.01, Code of Criminal Procedure, does not apply to an offense if the prosecution of that offense became barred by limitation before the effective date of this Act. The prosecution of that offense remains barred as if this Act had not taken effect.

Floor Amendment No. 2

Amend SB 214 as follows:

On page 1, line 10, strike subsection (1) and insert the following:

(1) no limitation: murder, [and ] manslaughter, and an offense involving leaving the scene of an accident under Section 550.021, Transportation Code, if the accident resulted in the death of a person;

The amendments were read.

77th Legislature — Regular Session 77th Day

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

The motion prevailed.

The President asked if there were any motions to instruct the conference committee on SB 214 before appointment.

There were no motions offered.

The President announced the appointment of the following conferees on the part of the Senate on the bill: Senators Bernsen, Chair; Jackson, Duncan, Wentworth, and Brown.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 21, 2001

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:

SB 43, Relating to simplifying the certification process for medical assistance provided to children.

(Committee Substitute/Amended)

SB 312, Relating to the review and functions of the Texas Water Development Board.

(Committee Substitute/Amended)

SB 1689, Relating to the franchise tax.

(Amended)

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

HOUSE BILL 176 ON SECOND READING

On motion of Senator West and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 176, Relating to the use of certain communication equipment in certain civil and criminal pretrial and trial proceedings.

The bill was read second time.

Monday, May 21, 2001

SENATE JOURNAL

Senator West offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend HB 176 by striking subsection (a) (House Engrossed version page 1, lines 8-14) and substitute (a) With the agreement of the parties, and subject to Subsection (b), a trial judge may order that a hearing of a preliminary matter or witness testimony at trial may be conducted by electronic means, including satellite transmission, closed-circuit television transmission, or any other method of two-way electronic communication that is available to the parties, approved by the court, and capable of visually and audibly recording the proceedings.

The committee 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.

HB 176 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 176 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 HB 176 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1. (Same as previous roll call)

COMMITTEE SUBSTITUTE

HOUSE BILL 1144 ON THIRD READING

On motion of Senator Harris and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its third reading and final passage:

CSHB 1144, Relating to public school accountability and to measures to improve proficiency in certain subjects.

The bill was read third time.

Senator Bivins offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 1144 on third reading as follows:

(1) On page 1, line 26, insert a new SECTION 2 as follows, and renumber subsequent subsections accordingly:

SECTION 2. Section 28.025, Education Code, is amended to read as follows:

Sec. 28.025. HIGH SCHOOL DIPLOMA AND CERTIFICATE; ACADEMIC ACHIEVEMENT RECORD. (a) The State Board of Education by rule shall determine curriculum requirements for the minimum, recommended, and advanced high school programs that are consistent with the required curriculum under Section 28.002.

77th Legislature — Regular Session 77th Day

(b) A school district shall ensure that each student enrolls in the courses necessary to complete the curriculum requirements identified by the State Board of Education under Subsection (a) for the recommended or advanced high school program unless the student, the student's parent or other person standing in parental relation to the student, and a school counselor or school administrator agree that the student should be permitted to take courses under the minimum high school program.

(c) A student may graduate and receive a diploma only if:

(1) the student successfully completes the curriculum requirements identified by the State Board of Education under Subsection (a) [board ] and complies with Section 39.025(a); or

(2) the student successfully completes an individualized education program developed under Section 29.005.

(d) [(b) ] A school district may issue a certificate of coursework completion to a student who successfully completes the curriculum requirements identified by the State Board of Education under Subsection (a) but who fails to comply with Section 39.025(a) [perform satisfactorily on the assessment instruments specified by Subsection (a) ]. A school district may allow a student who receives a certificate to participate in a graduation ceremony with students receiving high school diplomas.

(e) [(c) ] Each school district shall report the academic achievement record of students who have completed a minimum, recommended, or advanced high school program on transcript forms adopted by the State Board of Education. The transcript forms adopted by the board must be designed to clearly differentiate between each of the high school programs and identify whether a student received a diploma or a certificate of coursework completion.

(f) Subsection (b) applies to students entering the ninth grade in the 2004-2005 school year and thereafter. This subsection expires September 1, 2004.

By unanimous consent, the amendment was read and was adopted by a viva voce vote.

Senator Bivins offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSHB 1144 on third reading as follows:

(1) In SECTION 2 of the bill (Committee Printing page 1, line 63), strike "must" and substitute "may".

(2) In SECTION 2 of the bill (Committee Printing page 2, line 2), strike "must" and substitute "may".

By unanimous consent, the amendment was read and was adopted by a viva voce vote.

Senator Bivins offered the following amendment to the bill:

Floor Amendment No. 3

Amend CSHB 1144, Senate Committee Report, by striking existing SECTION 12 of the bill (page 8, lines 9-55) and substituting the following:

SECTION 12. (a) Subchapter D, Chapter 39, Education Code, is amended by adding Section 39.0721 to read as follows:

Monday, May 21, 2001

SENATE JOURNAL

Sec. 39.0721.  GOLD PERFORMANCE RATING PROGRAM. (a) In addition to district and campus performance ratings reported under Section 39.072, the commissioner shall develop a gold performance rating program based on enhanced performance. The agency shall administer the program.

(b)  Under the gold performance rating program, a district or campus rated exemplary under Section 39.072 is eligible for an exemplary gold rating, a district or campus rated recognized is eligible for a recognized gold rating, and a district or campus rated academically acceptable is eligible for an academically acceptable gold rating.

(c)  The performance standards on which a gold performance rating is based should include:

(1)  student proficiency on:

(A)  assessment instruments administered under Sections 39.023(a), (c), and (l); and

(B)  other measures of proficiency determined by the commissioner;

(2)  student performance on one or more nationally recognized norm-referenced assessment instruments;

(3)  improvement in student performance;

(4)  in the case of middle or junior high school campuses, student proficiency in mathematics, including algebra; and

(5)  in the case of high school campuses:

(A)  the extent to which graduating students are academically prepared to attend institutions of higher education;

(B)  the percentage of students who take advanced placement tests and student performance on those tests; and

(C)  the percentage of students who take and successfully complete advanced academic courses or college-level course work offered through dual credit programs provided under agreements between high schools and institutions of higher education.

(d)  The commissioner may adopt rules as necessary to implement and administer this section.

(b)  Not later than June 30, 2002, the commissioner of education shall complete development of the gold performance rating program as provided by Section 39.0721, Education Code, as added by Subsection (a) of this section, and shall adopt any rules necessary for implementation and administration of Section 39.0721, Education Code.

(c)  Beginning with the 2001-2002 school year, the Texas Education Agency shall implement the gold performance rating program under Section 39.0721, Education Code, as added by Subsection (a) of this section.

By unanimous consent, the amendment was read and was adopted by a viva voce vote.

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

CSHB 1144 as again amended was finally passed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

77th Legislature — Regular Session 77th Day

HOUSE BILL 653 ON SECOND READING

On motion of Senator Cain and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 653, Relating to the prosecution of and punishment for the offense of cruelty to animals.

The bill was read second time.

Senator Cain offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 653 (Senate Committee Printing) by striking all below the enacting clause and substituting the following:

SECTION 1. Section 42.09, Penal Code, is amended by amending Subsections (a), (c), and (d) and adding Subsections (g) and (h) to read as follows:

(a) A person commits an offense if a person [he ] intentionally or knowingly:

(1) tortures [or seriously overworks ] an animal;

(2) fails unreasonably to provide necessary food, care, or shelter for an animal in the person's [his ] custody;

(3) abandons unreasonably an animal in the person's [his ] custody;

(4) transports or confines an animal in a cruel manner;

(5) kills, seriously injures, or administers poison to an animal, other than cattle, horses, sheep, swine, or goats, belonging to another without legal authority or the owner's effective consent;

(6) causes one animal to fight with another;

(7) uses a live animal as a lure in dog race training or in dog coursing on a racetrack; [or ]

(8) trips a horse;

(9) injures an animal, other than cattle, horses, sheep, swine, or goats, belonging to another without legal authority or the owner's effective consent; or

(10) seriously overworks an animal.

(c) For purposes of this section:

(1) "Abandon" includes abandoning an animal in the person's custody without making reasonable arrangements for assumption of custody by another person.

(2) "Animal" means a domesticated living creature and wild living creature previously captured. "Animal" does not include an uncaptured wild creature or a wild creature whose capture was accomplished by conduct at issue under this section.

(3) "Cruel manner" includes a manner that causes or permits unjustified or unwarranted pain or suffering.

(4) "Custody" includes responsibility for the health, safety, and welfare of an animal subject to the person's care and control, regardless of ownership of the animal.

(5) "Necessary food, care, or shelter" includes food, care, or shelter provided to the extent required to maintain the animal in a state of good health.

(6) [(2) ] "Trip" means to use an object to cause a horse to fall or lose its balance.

(d) An offense under Subsection (a)(2), (3), (4), (9), or (10) [this section ] is a Class A misdemeanor, except that the offense is a state jail felony if the person has previously been convicted two times under this section.

Monday, May 21, 2001

SENATE JOURNAL

(g) An offense under Subsection (a)(1), (5), (6), (7), or (8) is a state jail felony, except that the offense is a felony of the third degree if the person has previously been convicted two times under this section.

(h) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful:

(1) use of an animal if that use occurs solely for the purpose of:

(A) fishing, hunting, or trapping; or

(B) wildlife control as regulated by state and federal law; or

(2) animal husbandry or farming practice involving livestock.

SECTION 2. Chapter 54, Family Code, is amended by adding Section 54.0407 to read as follows:

Sec. 54.0407. CRUELTY TO ANIMALS: COUNSELING REQUIRED. If a child is found to have engaged in delinquent conduct constituting an offense under Section 42.09, Penal Code, the juvenile court shall order the child to participate in psychological counseling for a period to be determined by the court.

SECTION 3. This Act takes effect September 1, 2001, and applies only to an offense committed on or after that date. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occured before that date.

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

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

HB 653 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 653 ON THIRD READING

Senator Cain moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 653 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

(Senator Brown in Chair)

COMMITTEE SUBSTITUTE

HOUSE BILL 1403 ON SECOND READING

On motion of Senator Van de Putte and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

CSHB 1403, Relating to the eligibility of certain persons to qualify as residents of this state for purposes of higher education tuition or to pay tuition at the rate provided to residents of this state.

The bill was read second time.

77th Legislature — Regular Session 77th Day

Senator Van de Putte offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 1403 in SECTION 2, in proposed Section 54.052(j), Education Code, by striking Subdivision (2) and substituting the following:

(2) resided in this state for at least three years as of the date the person graduated from high school or received the equivalent of a high school diploma;

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

RECORD OF VOTE

Senator Nelson asked to be recorded as voting "Nay" on the adoption of Floor Amendment No. 1.

Senator Van de Putte offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSHB 1403 in SECTION 2, in proposed Section 54.052(j), Education Code, by striking Subdivision (4) and substituting the following:

(4) provides to the institution an affidavit stating that the individual will file an application to become a permanent resident at the earliest opportunity the individual is eligible to do so.

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

RECORD OF VOTES

Senators Nelson and Wentworth asked to be recorded as voting "Nay" on the adoption of Floor Amendment No. 2.

On motion of Senator Van de Putte and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

CSHB 1403 as amended was passed to third reading by a viva voce vote.

RECORD OF VOTES

Senators Jackson, Nelson, and Wentworth asked to be recorded as voting "Nay" on the passage of CSHB 1403 to third reading.

COMMITTEE SUBSTITUTE

HOUSE BILL 1403 ON THIRD READING

Senator Van de Putte moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 1403 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 27, Nays 3, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Lindsay, Lucio, Madla, Moncrief, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Jackson, Nelson, Wentworth.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 27, Nays 3, Present-not voting 1. (Same as previous roll call)

Monday, May 21, 2001

SENATE JOURNAL

HOUSE BILL 1649 ON SECOND READING

On motion of Senator Staples and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 1649, Relating to the organization and duties of the Board of Pardons and Paroles and the consequences of the revocation of parole or mandatory supervision.

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

HOUSE BILL 1649 ON THIRD READING

Senator Staples moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1649 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

HOUSE BILL 2676 ON SECOND READING

On motion of Senator Madla and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 2676, Relating to the establishment of a domestic violence fatality review team in certain counties.

The bill was read second time.

(President in Chair)

Senator Madla offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2676 as follows:

(1)  In SECTION 1 of the bill, in proposed Section 93.002(a), Family Code (senate committee printing page 1, lines 49 and 50), strike "that contains two or more municipalities, each of which has a population of 250,000 or more,".

(2)  In SECTION 1 of the bill, in proposed Section 93.002(d), Family Code, between "determine" and "the" (senate committee printing page 2, lines 9 and 10), insert ", to the extent necessary,".

(3)  In SECTION 1 of the bill, in proposed Section 93.004, Family Code, strike Subdivision (3) of that section (senate committee printing page 2, lines 44 and 45) and substitute the following:

"(3)  submit an annual report to the Department of Protective and Regulatory Services of each review conducted by the review team during the period covered by the report.".

(4)  In SECTION 1 of the bill, in the heading for proposed Section 93.008, Family Code, between "CONFIDENTIALITY" and the period (senate committee printing page 3, line 35), insert "; PENALTY".

77th Legislature — Regular Session 77th Day

(5)  In SECTION 1 of the bill, between proposed Sections 93.008 and 93.009, Family Code (senate committee printing page 3, between lines 47 and 48), insert the following:

"(d)  A person commits an offense if the person discloses information made confidential by this section. An offense under this subsection is a Class A misdemeanor.".

(6)  In SECTION 1 of the bill, strike proposed Section 93.010, Family Code (senate committee printing page 3, lines 52-58).

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

Senator Madla offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 2676 as follows:

(1) On page 2, line 69 of the Senate Committee Report printing, insert ", upon completion of the investigation" the following after "investigation" and before the ";".

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

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

HB 2676 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 2676 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 HB 2676 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

HOUSE BILL 2484 ON SECOND READING

On motion of Senator Armbrister and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 2484, Relating to the regulation of racing.

The bill was read second time.

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2484 by adding an appropriately numbered SECTION to read as follows:

SECTION _____. Article 11, Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes) is amended by adding Section 11.11 to read as follows:

Monday, May 21, 2001

SENATE JOURNAL

Sec. 11.11. SIMULCASTING RESTRICTED TO DESIGNATED PREMISES. The commission shall not allow wagering on a simulcast horse or greyhound race at more than one location licensed under Section 6.02 and within an area defined by Section 6.02(b).

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

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 2484 as follows:

Strike SECTION 2 of the bill, and substitute the following:

"Section 11.011(e), Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes), is amended to read as follows:

(e) The racetrack where the wager is made is responsible for reporting and remitting the state's share of the pari-mutuel pool. [If intrastate wagering pools are combined between tracks, the track where the race originates is responsible for the state's share of the pari-mutuel pool regardless of whether a shortage or error occurred at the originating track or receiving track. ]"

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

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 3

Amend HB 2484 by adding a new appropriately numbered SECTION to read as follows:

SECTION _____. Section 3.021, Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes), is amended by adding Subsections (e) and (f) to read as follows:

(e) Services or devices offered at racetracks to racetrack patrons pursuant to the Texas Lottery Act (Sec. 446.001 et seq., Government Code) or the Texas Bingo Act (Sec. 2001.001 et seq., Occupations Code) are subject to the exclusive administrative jurisdiction of the Texas Lottery Commission.

(f) Services or devices offered at racetracks to racetrack patrons for pari-mutuel wagering, entertainment or amusement purposes, including the use of a pari-mutuel ticket as a prize in any legal activity conducted at a racetrack, are subject to the exclusive administrative jurisdiction of the commission.

(g) The commission shall regulate all pari-mutuel events offered at a racetrack to racetrack patrons.

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

RECORD OF VOTE

Senator Nelson asked to be recorded as voting "Nay" on the adoption of Floor Amendment No. 3.

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 4

Amend HB 2484 by adding a new appropriately numbered SECTION to read as follows:

SECTION _____. Section 3.07(d), Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes), is amended to read as follows:

(d) Medication or drug testing performed on a race animal under this Act shall be conducted by the Texas Veterinary Medical Diagnostic Laboratory or by

77th Legislature — Regular Session 77th Day

a laboratory operated by or in conjunction with or by a private or public agency selected by the commission after consultation with the [on a yearly basis by competitive bidding submitted to the commission for final approval. The commission's decision shall be based on cost and integrity. The ] Texas Veterinary Medical Diagnostic Laboratory [may aid the commission in its selection ]. Medication or drug testing performed on a human under this Act shall be conducted by a laboratory approved by the commission. Charges for services performed under this section shall be forwarded to the commission for approval as include but are not limited to expenses incurred for travel, lodging, testing, and processing of test results. The reasonable charges associated with medication or drug testing conducted under this Act shall be paid by the association that receives the services. The commission shall adopt rules for the procedures for approving and paying laboratory charges under this section. The commission shall determine if the laboratory drug testing charges are [On the approval of the charges as ] reasonable, in relation to industry standards [for testing charges ], by periodically surveying the testing charges of comparable laboratories in the United States. The [the ] commission shall forward a copy of the charges to the association that receives the services for immediate payment.

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

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 5

Amend HB 2484 by adding appropriately numbered SECTIONS to read as follows:

SECTION _____. Article 6, Texas Racing Act is amended by adding Section 6.0915 to read as follows:

Sec. 6.0915. CROSS-SPECIES SIMULCASTING. (a) To ensure cross-species simulcasting adequately supports and enhances the live races offered at the racetrack, a racetrack may offer a cross-species simulcast only pursuant to an agreement, approved by the commission, between the horsemen's organization, the state greyhound breed registry, and all racetracks desiring to offer cross-species simulcasting. The agreement shall contain provisions to address the percentage of revenue from the simulcast that will be allocated to horse purses, greyhound purses, and administrative costs. The commission may adopt rules specifying other matters to be addressed in the agreement. The rules may require the payment of any purse allocation to the commission or to one or more official breed registry for distribution among the various Texas racetracks.

(b) If the parties to the agreement described in Subsection (a) cannot reach an agreement by September 1, 2002, any party listed in Subsection (a) may request the commission to take jurisdiction over the matter and negotiate an agreement between the parties to provide for cross-species simulcasting at all racetracks desiring to offer cross-species simulcasting.

(c) An agreement under this section shall provide for an amount set by the official state greyhound breed registry, but not to exceed 15% of the amount set aside for greyhound purses under this section from each cross-species simulcast pool, to be paid to the registry.

(d) An agreement under this section shall provide for 0.37% of each cross-species simulcast pool to be paid to the state quarter horse breed registry for distribution as quarter horse purses at Texas horse racetracks.

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SENATE JOURNAL

(e) An agreement under this section shall provide for 0.37% of each cross-species simulcast pool to be paid to the state thoroughbred breed registry for distribution as thoroughbred purses at Texas horse racetracks.

(f) The commission shall adopt rules relating to the oversight, collection and distribution of the amounts allocated under Section 6.091 and this section.

(g) This section takes effect January 1, 2002.

SECTION _____. Sections 6.091(c)-(j) and 11.011(h)-(j) are repealed.

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

Senator Wentworth offered the following amendment to the bill:

Floor Amendment No. 6

Amend HB 2484 by adding a new appropriately numbered SECTION to read as follows:

SECTION _____. Article 5, Texas Racing Act (Vernon's Texas Civil Statutes), is amended by adding Section 5.06 to read as follows:

Sec. 5.06. OCCUPATIONAL LICENSEES. (a) Any racetrack that conducts a seasonal live race meeting in which there is a period of at least six weeks between live meets must, at the completion of the live meet:

1. terminate the seasonal workforce within 10 days of the end of the live meet;

2. collect seasonal workforce licensee certificates or credentials issued by the commission; and

3. provide the commission with a list of all terminated licensees within 5 days of termination.

The amendment was read and was adopted by the following vote: Yeas 21, Nays 5, Present-not voting 1.

Yeas: Armbrister, Bivins, Carona, Duncan, Ellis, Fraser, Harris, Haywood, Jackson, Lindsay, Madla, Moncrief, Nelson, Ogden, Shapiro, Sibley, Truan, Van de Putte, Wentworth, West, Zaffirini.

Nays: Barrientos, Bernsen, Gallegos, Shapleigh, Whitmire.

Present-not voting: Mr. President.

Absent: Brown, Cain, Lucio, Staples.

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

HB 2484 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 2484 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 HB 2484 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

77th Legislature — Regular Session 77th Day

HOUSE BILL 2766 ON SECOND READING

On motion of Senator Ellis and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 2766, Relating to repayment assistance for certain education loans owed by certain state attorneys.

The bill was read second time.

Senator Ellis offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2766 (Senate Committee Printing) in SECTION 1 of the bill as follows:

(1) In proposed Section 61.951, Education Code, strike "using funds appropriated for that purpose and".

(2) Strike proposed Section 61.960, Education Code, and substitute the following:

Sec. 61.960. TOTAL AMOUNT OF REPAYMENT ASSISTANCE. The total amount of repayment assistance distributed by the board under this subchapter may not exceed the total amount of gifts, grants, and donations accepted by the board for repayment assistance and tuition set aside under Section 61.961.

(3) Immediately following proposed Section 61.961, Education Code, insert the following:

Sec. 61.962. LIMITATIONS ON FUNDING. The loan repayment program under this subchapter may be funded only from:

(1) gifts, grants, and donations accepted by the board; and

(2) tuition set aside under Section 61.961.

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

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

HB 2766 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 2766 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 HB 2766 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

SENATE RULE 5.14(a) SUSPENDED

(Intent Calendar)

On motion of Senator Shapleigh and by unanimous consent, Senate Rule 5.14(a), requiring bills to be posted on the Intent Calendar by 4:00 p.m., was suspended and the time was extended to 6:00 p.m. today for the Tuesday, May 22, 2001, Intent Calendar.

Monday, May 21, 2001

SENATE JOURNAL

HOUSE BILL 59 ON SECOND READING

On motion of Senator West and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 59, Relating to making a voter information guide for judicial elections available to the public on the Internet.

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

HOUSE BILL 59 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 HB 59 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

HOUSE BILL 2510 ON SECOND READING

On motion of Senator Duncan and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 2510, Relating to the establishment of diabetes research and screening programs at certain institutions of higher education.

The bill was read second time.

Senator Duncan offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2510 in the following manner:

1) In the Senate committee report version, strike SECTION 2.

2) Renumber the following sections accordingly.

The 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.

HB 2510 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 2510 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 HB 2510 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1. (Same as previous roll call)

77th Legislature — Regular Session 77th Day

COMMITTEE SUBSTITUTE

HOUSE BILL 877 ON SECOND READING

On motion of Senator Barrientos and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

CSHB 877, Relating to the benefits provided to the surviving spouse and minor children of certain public employees killed in the line of duty.

The bill was read second time.

Senator Madla offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 877 (Senate Committee Printing) as follows:

(1)  Strike SECTION 1 of the bill (page 1, lines 13-20).

(2)  Strike SECTION 4 of the bill (page 2, line 20).

(3)  Add the following appropriately numbered SECTIONS to the bill and renumber the SECTIONS of the bill accordingly:

SECTION _____. Section 615.021(a), Government Code, is amended to read as follows:

(a)  A survivor of an individual listed under Section 615.003 is eligible for the payment of assistance under this chapter if:

(1)  the listed individual died in the course of the individual's duty performed in the individual's position as described by Section 615.003 as a result of exposure to a risk:

(A)  that is inherent in the duty; or

(B)  to which the general public is not customarily exposed; and

(2)  the survivor is:

(A)  the surviving spouse of the listed individual;

(B)  a surviving [minor ] child of the listed individual, if there is no surviving spouse; or

(C)  a surviving [dependent ] parent of the listed individual, if[:

[(i) ]  there is no surviving spouse or [minor ] child[; and

[(ii)  the parent was claimed as a dependent on the income tax return filed with the Internal Revenue Service by the listed individual in the year preceding the year in which the listed individual died;

[(D)  a surviving dependent sibling of the listed individual and is younger than 18 years of age, if:

[(i)  there is no surviving spouse or minor child; and

[(ii)  the sibling was claimed as a dependent on the income tax return filed with the Internal Revenue Service by the listed individual in the year preceding the year in which the listed individual died; or

[(E)  a surviving parent of the listed individual, if there is no surviving spouse, minor child, dependent parent eligible under Subdivision (2)(C), or dependent sibling eligible under Subdivision (2)(D) ].

SECTION _____. Section 615.022, Government Code, is amended to read as follows:

Sec. 615.022.  PAYMENT TO SURVIVORS [SURVIVING SPOUSE ]. (a) If there is an eligible surviving spouse, the [The ] state shall pay $250,000 [$50,000 ] to the [an ] eligible surviving spouse.

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SENATE JOURNAL

(b)  If there is no eligible surviving spouse, the state shall pay $250,000 in equal shares to surviving children.

(c)  If there is no eligible surviving spouse or child, the state shall pay $250,000 in equal shares to surviving parents.

SECTION _____. Subchapter B, Chapter 615, Government Code, is amended by adding Section 615.0225 to read as follows:

Sec. 615.0225.  EDUCATION BENEFITS FOR CERTAIN SURVIVORS. (a) A person is eligible to receive education benefits under this section if the person is:

(1)  a surviving spouse; or

(2)  a surviving child, if the child was claimed as a dependent on the income tax return filed with the Internal Revenue Service by the listed individual in the year preceding the year in which the listed individual died.

(b)  An eligible person who enrolls as a full-time student at an institution of higher education as defined by Section 61.003, Education Code, is exempt from tuition and fees at that institution of higher education until the student receives a bachelor's degree or 200 hours of course credit, whichever occurs first.

(c)  If the student elects to reside in housing provided by the institution of higher education and qualifies to reside in that housing, the institution shall pay from the general revenue appropriated to the institution the cost of the student's contract for food and housing until the student receives a bachelor's degree or 200 hours of course credit, whichever occurs first. If there is no space available in the institution's housing, the institution shall, from the general revenue appropriated to the institution, pay to the student each month the equivalent amount that the institution would have expended had the student lived in the institution's housing. The institution is not required to pay the student the monthly payment if the student would not qualify to live in the institution's housing.

(d)  The institution of higher education shall, from the general revenue appropriated to the institution, pay to the student the cost of the student's textbooks until the student receives a bachelor's degree or 200 hours of course credit, whichever occurs first.

(e)  A payment under this section is in addition to any payment made under Section 615.022.

SECTION _____. Section 615.042(c), Government Code, is amended to read as follows:

(c)  Payments under this chapter on behalf of a surviving child [or dependent sibling ] are payable beginning on the first day of the first month after the death of the individual listed in Section 615.003.

SECTION _____. Section 615.043, Government Code, is amended to read as follows:

Sec. 615.043.  DENIAL OF CLAIM. If the board of trustees of the Employees Retirement System of Texas denies a claim, the board shall send a notice of the denial to:

(1)  the person making the claim; or

(2)  the duly qualified guardian or legal representative of a surviving minor child [or dependent sibling ], if a claim is being made on behalf of the child [or sibling ].

SECTION _____. Section 615.044(a), Government Code, is amended to read as follows:

(a)  A person whose claim for payment to a surviving spouse, minor child, or dependent parent [or sibling ] is denied or the person's legal representative may appeal the denial to a district court of the residence of the surviving spouse, minor child, or dependent parent [or sibling ] or to a district court in Travis County.

77th Legislature — Regular Session 77th Day

SECTION _____. Sections 615.023, 615.024, and 615.025, Government Code, are repealed.

SECTION _____. (a) The changes in law made by this Act to Subchapters B and C, Chapter 615, Government Code, relating to the death of certain public servants apply only in relation to a death that occurs on or after September 1, 2000. Matters regarding eligibility, payment, and other benefits under Subchapter B, Chapter 615, Government Code, in relation to a death that occurs before September 1, 2000, are governed by the law in effect when the death occurs, and the former law is continued in effect for that purpose.

(b)  Notwithstanding Subsection (a) of this section, the changes in law made by this Act relating to the entitlement of a dependent sibling to receive benefits under Chapter 615, Government Code, apply only beginning on the effective date of this Act, and matters regarding eligibility of a dependent sibling and benefits payable to a dependent sibling in relation to a death that occurs before the effective date of this Act are governed by the law in effect when the death occurs, and the former law is continued in effect for this purpose.

SECTION _____. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2001.

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

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

CSHB 877 as amended was passed to third reading by a viva voce vote.

COMMITTEE SUBSTITUTE

HOUSE BILL 877 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 CSHB 877 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

COMMITTEE SUBSTITUTE

HOUSE BILL 2575 ON SECOND READING

On motion of Senator Shapiro and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

CSHB 2575, Relating to the total amount of student services fees that may be charged at certain institutions of higher education.

The bill was read second time.

Monday, May 21, 2001

SENATE JOURNAL

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 2575 (Senate committee printing) as follows:

(1) In SECTION 1 of the bill, in the introductory language (page 1, line 13), strike "Section 54.503(b), Education Code, is" and substitute "Sections 54.503(b) and (f), Education Code, are".

(2) In SECTION 1 of the bill, following amended Section 54.503(b), Education Code (page 1, between lines 38 and 39), insert the following:

(f) If, in an academic year, the total compulsory fee charged under this section is more than [10 percent higher than ] the compulsory fee charged for the previous academic year, the increase does not take effect unless the increase is approved by a majority vote of the students voting in an election held for that purpose or by a majority vote of the student government at the institution.

(3) In SECTION 2 of the bill, in the introductory language (page 1, line 39), strike "Section 54.513(j), Education Code, is" and substitute "Sections 54.513(i) and (j), Education Code, are".

(4) In SECTION 2 of the bill, before amended Section 54.513(j), Education Code (page 1, between lines 40 and 41), insert the following:

(i) If, in an academic year, the total compulsory fees charged under this section are more than [10 percent higher than ] the previous year's compulsory fees, the increase is not effective unless approved by a majority vote of the students voting in an election held for that purpose or by a majority vote of the duly elected student government.

The amendment was read.

On motion of Senator Ogden and by unanimous consent, Floor Amendment No. 1 was temporarily withdrawn.

On motion of Senator Shapiro and by unanimous consent, further consideration of CSHB 2575 was postponed to a time certain of 4:00 p.m. today.

Question—Shall CSHB 2575 be passed to third reading?

HOUSE BILL 588 ON SECOND READING

On motion of Senator Jackson and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 588, Relating to the creation of a DNA record for certain persons convicted of a felony or adjudicated as having engaged in delinquent conduct constituting a felony offense; providing a penalty.

The bill was read second time.

Senator Jackson offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 588 as follows:

(1)  Strike SECTIONS 3 and 4 of the bill (Senate Committee Printing, page 2, lines 7-59).

77th Legislature — Regular Session 77th Day

(2)  In SECTION 6 of the bill (Senate Committee Printing, page 3, line 4), strike "(a)".

(3)  In SECTION 6 of the bill (Senate Committee Printing, page 3, lines 9-12), strike Subsection (b) of the section.

(4)  Renumber the SECTIONS of the bill appropriately.

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

Senator Duncan offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 588 in SECTION 1 of the bill, in amended Section 411.148(a), Government Code, (Senate Committee Printing, page 1, lines 19-28), by striking the underlined text beginning with ", except for the following:" and ending with "(possession of marihuana)".

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

Senator Duncan offered the following amendment to the bill:

Floor Amendment No. 3

Amend HB 588 by striking SECTION 5 entirely (page 2, line 60 - page 3, line 3) and renumbering accordingly.

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

Senator Duncan offered the following amendment to the bill:

Floor Amendment No. 4

Amend HB 588 by striking SECTION 7 of the bill and substituting the following:

SECTION 7. (a) This Act takes effect January 1, 2002, but only if before or on that date, the director of the Department of Public Safety certify to the governor, the lieutenant governor, and the speaker of the house of representatives that the state has received grants from the federal government or other sources in a sufficient amount to pay all costs to the department associated with expanding the list of offenses for which samples or specimens are taken for the purpose of creating a DNA record under Subchapter G, Chapter 411, Government Code.

(b) If the certifications described by Subsection (a) of this section do not occur, this Act has no effect.

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

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

HB 588 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 588 ON THIRD READING

Senator Jackson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 588 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

Monday, May 21, 2001

SENATE JOURNAL

GUEST PRESENTED

The President introduced to the Senate Lieutenant Governor Cruz M. Bustamante of the State of California, who briefly addressed the Senate.

The Senate welcomed Governor Bustamante.

HOUSE BILL 476 ON SECOND READING

Senator Zaffirini asked unanimous consent to suspend the regular order of business to take up for consideration at this time:

HB 476, Relating to incentive programs and employment services to benefit certain recipients of financial assistance.

There was objection.

Senator Zaffirini then moved to suspend the regular order of business and take up HB 476 for consideration at this time.

The motion prevailed by the following vote: Yeas 29, Nays 1, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

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

RECORD OF VOTE

Senator Wentworth asked to be recorded as voting "Nay" on the passage of HB 476 to third reading.

HOUSE BILL 476 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 HB 476 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 1, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini.

Nays: Wentworth.

Present-not voting: Mr. President.

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

RECORD OF VOTE

Senator Wentworth asked to be recorded as voting "Nay" on the final passage of HB 476.

77th Legislature — Regular Session 77th Day

HOUSE BILL 3209 ON SECOND READING

On motion of Senator Brown and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 3209, Relating to a provisional commercial gulf shrimp boat license.

The bill was read second time.

Senator Brown offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 3209 (Senate committee printing) by striking all below the enacting clause and substituting:

SECTION 1. Section 77.020, Parks and Wildlife Code, is amended by adding Subsection (d) to read as follows:

(d)  Section 12.109 and Subchapter D, Chapter 12, do not apply to a violation of a rule adopted under this chapter related to the display of a commercial shrimp boat license or a commercial shrimp boat's documentation or registration number if another violation of this chapter or a rule adopted under this chapter does not exist at the time of the violation.

SECTION 2. Section 77.0351, Parks and Wildlife Code, is amended by adding Subsection (e) to read as follows:

(e)  Subchapter D, Chapter 12, does not apply to a violation of this section if another violation of this chapter or a rule adopted under this chapter does not exist at the time of the violation.

SECTION 3. This Act takes effect September 1, 2001.

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

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

HB 3209 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 3209 ON THIRD READING

Senator Brown moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 3209 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

HOUSE BILL 3038 ON SECOND READING

On motion of Senator Nelson and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

Monday, May 21, 2001

SENATE JOURNAL

HB 3038, Relating to the employment of Medicaid recipients and to the enrollment of Medicaid recipients and state child health plan enrollees in certain group health benefit plans.

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

HOUSE BILL 3038 ON THIRD READING

Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 3038 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1. (Same as previous roll call)

HOUSE BILL 3696 ON SECOND READING

On motion of Senator Lucio and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 3696, Relating to the creation of the County Court at Law No. 5 of Hidalgo County and the County Criminal Court at Law of Hidalgo County, to redesignating the County Court at Law No. 3 of Hidalgo County as the Probate Court of Hidalgo County, and to the jurisdiction of the statutory county courts in Hidalgo County.

The bill was read second time.

Senator Lucio offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 3696 by striking all below the enacting clause and substituting the following:

SECTION 1. Section 25.1101, Government Code, is amended to read as follows:

Sec. 25.1101.  HIDALGO COUNTY. (a) Hidalgo County has the following statutory county courts:

(1)  County Court at Law No. 1 of Hidalgo County;

(2)  County Court at Law No. 2 of Hidalgo County;

(3)  [County Court at Law No. 3 of Hidalgo County; and

[(4) ]  County Court at Law No. 4 of Hidalgo County; and

(4)  County Court at Law No. 5 of Hidalgo County.

(b)  Hidalgo County has one statutory probate court, the Probate Court of Hidalgo County.

(c)  The county courts at law of Hidalgo County sit in the county seat.

SECTION 2. Section 25.1102(a), Government Code, is amended to read as follows:

(a)  In addition to the jurisdiction provided by Section 25.0003 and other law, a county court at law in Hidalgo County has concurrent jurisdiction with the district court in:

77th Legislature — Regular Session 77th Day

(1)  family law cases and proceedings; and

(2)  civil cases in which the matter in controversy does not exceed $750,000 [$500,000 ], excluding interest, statutory or punitive damages and penalties, and attorney's fees and costs, as alleged on the page of the petition.

SECTION 3. Subchapter C, Chapter 25, Government Code, is amended by adding Section 25.1103 to read as follows:

Sec. 25.1103.  HIDALGO COUNTY PROBATE COURT PROVISIONS. The judge of a statutory probate court must be:

(1)  a qualified voter;

(2)  a resident of the county; and

(3)  a licensed attorney in this state who has actively practiced law for at least five years before the date of election or appointment.

SECTION 4. (a) The County Court at Law No. 3 of Hidalgo County is redesignated as the Probate Court of Hidalgo County.

(b)  The judge of the County Court at Law No. 3 of Hidalgo County is the judge of the Probate Court of Hidalgo County. Unless otherwise removed, the judge serves until December 31, 2002, and until the judge's successor is elected and has qualified. In the 2002 general election and every four years thereafter, the qualified voters of the county shall elect a judge of the Probate Court of Hidalgo County for a regular term of four years.

SECTION 5. (a) The judge of the County Court at Law No. 3 of Hidalgo County shall transfer all cases over which the court loses jurisdiction under this Act and that are pending in the court on September 1, 2001, to a district court, county court at law, or county court in the county with jurisdiction over the case.

(b)  The local administrative statutory county court judge shall transfer any probate matter that is pending in a statutory county court in Hidalgo County on September 1, 2001, to the Probate Court of Hidalgo County.

(c)  When a case is transferred as provided by Subsection (a) or (b) of this section, all processes, writs, bonds, recognizances, or other obligations issued from the transferring court are returnable to the court to which the case is transferred as if originally issued by that court. The obligees on all bonds and recognizances taken in and for a court from which a case is transferred, and all witnesses summoned to appear in a court from which a case is transferred, are required to appear before the court to which a case is transferred as if originally required to appear before that court.

SECTION 6. (a) Notwithstanding Section 25.1101(a), Government Code, as amended by this Act, the County Court at Law No. 5 of Hidalgo County is created January 1, 2003.

(b)  Notwithstanding Section 25.0009, Government Code, the initial vacancy in the office of judge of the County Court at Law No. 5 of Hidalgo County shall be filled by election. The office exists for purposes of the primary and general elections in 2002. A vacancy after the initial vacancy is filled as provided by Section 25.0009, Government Code.

SECTION 7. The change in law made to Section 25.1102(a), Government Code, by this Act applies only to an action filed in a statutory county court of Hidalgo County on or after the effective date of this Act. An action filed in a statutory county court of Hidalgo County before the effective date of this Act is governed by the law in effect on the date the action was filed, and the former law is continued in effect for that purpose.

SECTION 8. This Act takes effect September 1, 2001.

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

Monday, May 21, 2001

SENATE JOURNAL

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

HB 3696 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 3696 ON THIRD READING

Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 3696 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

HOUSE BILL 2794 ON SECOND READING

On motion of Senator Jackson and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 2794, Relating to the placement of dredged material on beaches adjacent to navigation inlets and channels.

The bill was read second time.

Senator Jackson offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend HB 2794 as follows:

(d) The commissioner shall adopt rules requiring that beach-quality sand dredged in constructing and maintaining navigation inlets and channels of the state be placed on eroding beaches [adjacent to the navigation inlets and channels ] or to restore eroding wetlands wherever practicable.

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

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

HB 2794 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 2794 ON THIRD READING

Senator Jackson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2794 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

77th Legislature — Regular Session 77th Day

HOUSE BILL 2379 ON SECOND READING

On motion of Senator Duncan and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 2379, Relating to the authority of certain development corporations to undertake water supply or conservation projects.

The bill was read second time.

Senator Duncan offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2379 (Senate Committee Printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION _____. Section 4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended by adding Subsection (a-5) to read as follows:

(a-5)  The ballot proposition at the election to adopt a sales and use tax under Subsection (d) of this section must clearly describe the project to be undertaken by the corporation if the project is described by Subsection (a)(2)(D) or (E) of this section.

The 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.

HB 2379 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 2379 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 HB 2379 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1. (Same as previous roll call)

HOUSE BILL 3231 ON SECOND READING

On motion of Senator Armbrister and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 3231, Relating to the creation, administration, powers, duties, operation, and financing of the Pecan Valley Groundwater Conservation District.

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

Monday, May 21, 2001

SENATE JOURNAL

HOUSE BILL 3231 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 HB 3231 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

COMMITTEE SUBSTITUTE

HOUSE BILL 2575 ON SECOND READING

The President laid before the Senate CSHB 2575 on its second reading. The bill was read second time and further consideration was postponed to a time certain of 4:00 p.m. today:

CSHB 2575, Relating to the total amount of student services fees that may be charged at certain institutions of higher education.

Question—Shall CSHB 2575 be passed to third reading?

On motion of Senator Shapiro and by unanimous consent, further consideration of CSHB 2575 was again postponed to a time certain of 4:45 p.m. today.

Question—Shall CSHB 2575 be passed to third reading?

HOUSE BILL 3243 ON SECOND READING

On motion of Senator Madla and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 3243, Relating to the creation, administration, powers, duties, operation, and financing of the Kinney County Groundwater Conservation District; granting the power of eminent domain and conditionally granting authority to levy property taxes.

The bill was read second time.

Senator Madla offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 3243 as follows:

(1) In SECTION 7 of the bill (Senate Committee Printing, page 1, line 64, through page 2, line 10) strike Subsection (a) and substitute the following:

(a) In this section, "agricultural director" means a person who owns or leases land in the district that has a current agricultural use designation under Chapter 23, Tax Code.

(b) The commissioners court shall receive a list of potential temporary directors of the district recommended:

(1) for position one, by the commissioners court;

(2) for position two, by the Brackettville City Council;

(3) for position three, by the directors of the Fort Clark Springs Municipal Utility District; and

77th Legislature — Regular Session 77th Day

(4) for positions four through seven, by the directors of the West Nueces-Las Moras Soil & Water Conservation District No. 236.

(c) The commissioners court shall appoint temporary directors and may consider the list compiled in Subsection (b) of this section, as follows:

(1) for position one, an at-large, agricultural director who is a resident of the district;

(2) for position two, an at-large director who is a resident of Brackettville;

(3) for position three, an at-large director who is a resident of the Fort Clark Springs Municipal Utility District; and

(4) for positions four through seven, one director from each county commissioner precinct who resides in a rural area of that precinct.

(2) In SECTION 7 of the bill (Senate Committee Printing, page 2, line 11) reletter the existing Subsection (b) as Subsection (d).

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

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

HB 3243 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 3243 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 HB 3243 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

HOUSE BILL 546 ON SECOND READING

On motion of Senator Gallegos and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 546, Relating to judicial training.

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

HOUSE BILL 546 ON THIRD READING

Senator Gallegos moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 546 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

Monday, May 21, 2001

SENATE JOURNAL

COMMITTEE SUBSTITUTE

HOUSE BILL 2684 ON SECOND READING

On motion of Senator Armbrister and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

CSHB 2684, Relating to the authority of the Texas Transportation Commission to acquire certain protected property.

The bill was read second time.

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 2684 by striking SECTION 3 of the bill (Committee Printing page 1, lines 48-52) and substituting the following:

SECTION 3. If the department is prohibited, by a federal study issued after September 1, 2003, from using open water disposal methods for Laguna Madre dredge spoils, Section 51.005(b)(3) expires on the date such study is filed by the department with the commission.

The 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.

CSHB 2684 as amended was passed to third reading by a viva voce vote.

COMMITTEE SUBSTITUTE

HOUSE BILL 2684 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 CSHB 2684 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

HOUSE BILL 1445 ON SECOND READING

On motion of Senator Wentworth and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 1445, Relating to the authority of municipalities and counties to regulate subdivisions in the extraterritorial jurisdiction of a municipality.

The bill was read second time.

Senator Wentworth offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 1445 by striking all below the enacting clause and substituting the following:

77th Legislature — Regular Session 77th Day

SECTION 1. Section 242.001, Local Government Code, is amended to read as follows:

Sec. 242.001.  REGULATION OF SUBDIVISIONS GENERALLY. (a) This section applies only to a county operating under Sections 232.001-232.005 or Subchapter B or C, Chapter 232. Subsections (b)-(e) do not apply:

(1)  within a county that contains extraterritorial jurisdiction of a municipality with a population of 1.9 million or more; or

(2)  within a county within 50 miles of an international border, or to which Subchapter C, Chapter 232 applies.

(b)  For an area in a municipality's extraterritorial jurisdiction, as defined by Section 212.001, a plat may not be filed with the county clerk without the approval of [both ] the governmental entity authorized under Subsection (c) or (d) to regulate subdivisions in the area [municipality and the county. However, if one of those governmental entities requires a plat to be filed for the subdivision of a particular tract of land in the extraterritorial jurisdiction of the municipality and the other governmental entity does not require the filing of a plat for that subdivision, the authority responsible for approving plats for the governmental entity that does not require the filing shall issue on request of the subdivider a written certification stating that a plat is not required to be filed for that subdivision of the land. The certification must be attached to a plat required to be filed under this subsection ].

(c)  Except as provided by Subsections (d)(3) and (4), a municipality and a county may not both regulate subdivisions in [In ] the extraterritorial jurisdiction of a municipality after an agreement under Subsection (d) is executed. The municipality and the county shall enter into a written agreement that identifies the governmental entity authorized to regulate subdivision plats and approve related permits in the extraterritorial jurisdiction. For a municipality in existence on September 1, 2001, the municipality and county shall enter into a written agreement under this subsection on or before April 1, 2002. For a municipality incorporated after September 1, 2001, the municipality and county shall enter into a written agreement under this subsection not later than the 120th day after the date the municipality incorporates. The municipality and the county shall adopt the agreement by order, ordinance, or resolution. The agreement must be amended by the municipality and the county if necessary to take into account an expansion or reduction in the extraterritorial jurisdiction of the municipality. The municipality shall notify the county of any expansion or reduction in the municipality's extraterritorial jurisdiction. Any expansion or reduction in the municipality's extraterritorial jurisdiction that affects property that is subject to a preliminary or final plat filed with the municipality or that was previously approved under Section 212.009 does not affect any rights accrued under Chapter 245. The approval of the plat or any permit remains effective as provided by Chapter 245 regardless of the change in designation as extraterritorial jurisdiction of the municipality.

(d)  An agreement under Subsection (c) may grant the authority to regulate subdivision plats and approve related permits in the extraterritorial jurisdiction of a municipality as follows:

(1)  [, ] the municipality may be granted exclusive jurisdiction to regulate subdivision plats and approve related permits in the extraterritorial jurisdiction and may regulate subdivisions under Subchapter A of Chapter 212 and other statutes applicable to municipalities;

Monday, May 21, 2001

SENATE JOURNAL

(2)  [, and ] the county may be granted exclusive jurisdiction to regulate subdivision plats and approve related permits in the extraterritorial jurisdiction and may regulate subdivisions under Sections 232.001-232.005, Subchapter B or C, Chapter 232, and other statutes applicable to counties;

(3)  the municipality and the county may apportion the area within the extraterritorial jurisdiction of the municipality with the municipality regulating subdivision plats and approving related permits in the area assigned to the municipality and the county regulating subdivision plats and approving related permits in the area assigned to the county; or

(4)  the municipality and the county may enter into an interlocal agreement that:

(A)  establishes one office that is authorized to:

(i)  accept plat applications for tracts of land located in the extraterritorial jurisdiction;

(ii)  collect municipal and county plat application fees in a lump-sum amount; and

(iii)  provide applicants one response indicating approval or denial of the plat application; and

(B)  establishes a consolidated and consistent set of regulations related to plats and subdivisions of land as authorized by Chapter 212, Sections 232.001-232.005, Subchapters B and C, Chapter 232, and other statutes applicable to municipalities and counties that will be enforced in the extraterritorial jurisdiction[. If a municipal regulation conflicts with a county regulation, the more stringent provisions prevail ].

(e) [(d) ]  In an unincorporated area outside the extraterritorial jurisdiction of a municipality, the municipality may not regulate subdivisions or approve the filing of plats, except as provided by The Interlocal Cooperation Act, Chapter 791, Government Code [(Article 4413(32c), Vernon's Texas Civil Statutes) ].

(f)  This subsection applies until an agreement is reached under Subsection (d). For an area in a municipality's extraterritorial jurisdiction, as defined by Section 212.001, a plat may not be filed with the county clerk without the approval of both the municipality and the county. If a municipal regulation and a county regulation relating to plats and subdivisions of land conflict, the more stringent regulation prevails. However, if one governmental entity requires a plat to be filed for the subdivision of a particular tract of land in the extraterritorial jurisdiction of the municipality and the other governmental entity does not require the filing of a plat for that subdivision, the authority responsible for approving plats for the governmental entity that does not require the filing shall issue on request of the subdivider a written certification stating that a plat is not required to be filed for that subdivision of the land. The certification must be attached to a plat required to be filed under this subsection.

(g)  Subsection (f) applies to a county and area to which Subsections (b)-(e) do not apply.

SECTION 2. This Act takes effect September 1, 2001.

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

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

HB 1445 as amended was passed to third reading by a viva voce vote.

77th Legislature — Regular Session 77th Day

HOUSE BILL 1445 ON THIRD READING

Senator Wentworth moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1445 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

HOUSE BILL 2544 ON SECOND READING

On motion of Senator Barrientos and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 2544, Relating to the acquisition and disposition of land or another real property interest by a political subdivision.

The bill was read second time.

Senator Barrientos offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2544 by striking SECTION 1 (Committee Printing page 1, lines 12-23) and SECTION 3 (Committee Printing page 1, lines 36-43) and renumbering the remaining SECTIONS accordingly.

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

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

HB 2544 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 2544 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 HB 2544 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1. (Same as previous roll call)

HOUSE BILL 2138 ON SECOND READING

On motion of Senator Lindsay and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 2138, Relating to the confidentiality of the location or sale price of certain real property sold or purchased by the state.

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

Monday, May 21, 2001

SENATE JOURNAL

RECORD OF VOTE

Senator Ogden asked to be recorded as voting "Nay" on the passage of HB 2138 to third reading.

HOUSE BILL 2138 ON THIRD READING

Senator Lindsay moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2138 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 29, Nays 1, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini.

Nays: Ogden.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 29, Nays 1, Present-not voting 1. (Same as previous roll call)

HOUSE BILL 3659 ON SECOND READING

On motion of Senator Fraser and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 3659, Relating to the creation, administration, powers, duties, operation, and financing of the Wes-Tex Groundwater Conservation District.

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

HOUSE BILL 3659 ON THIRD READING

Senator Fraser moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 3659 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

HOUSE BILL 3152 ON SECOND READING

On motion of Senator Brown and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 3152, Relating to due process for physicians, dentists, and podiatrists in hospitals.

The bill was read second time.

77th Legislature — Regular Session 77th Day

Senator Brown offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 3152 by striking subsections (d) and (e) and substituting the following new (d) and (e) as follows:

"(d) If a hospital's credentials committee has failed to take action on a completed application as required by Subsection (i), or a physician, podiatrist, or dentist is subject to a professional review action that may adversely affect his medical staff membership or privileges, and the physician, podiatrist, or dentist believes that mediation of the dispute is desirable, the physician, podiatrist, or dentist may require the hospital to participate in mediation as provided in Section 154, Civil Practices and Remedies Code. The mediation shall be conducted by a person meeting the qualifications required by Section 154.052, Civil Practices and Remedies Code, and within a reasonable period of time.

(e) Subsection (d) does not authorize a cause of action by a physician, podiatrist, or dentist against the hospital other than an action to require a hospital to participate in mediation."

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

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

HB 3152 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 3152 ON THIRD READING

Senator Brown moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 3152 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1. (Same as previous roll call)

HOUSE BILL 1585 ON SECOND READING

On motion of Senator Staples and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 1585, Relating to the completion of a sentence in a felony after revocation of parole, mandatory supervision, or conditional pardon.

The bill was read second time.

Senator Armbrister offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 1585 (Senate Committee Report) by adding an appropriately numbered SECTION to read as follows and by renumbering existing SECTIONS accordingly:

Monday, May 21, 2001

SENATE JOURNAL

SECTION _____. Section 498.004, Government Code, as amended by Chapters 249 and 321, Acts of the 74th Legislature, Regular Session, 1995, is reenacted and amended to read as follows:

Sec. 498.004.  FORFEITURE AND RESTORATION OF GOOD CONDUCT TIME. (a) If, during the actual term of imprisonment of an inmate in the institutional division or in a transfer facility, the inmate commits an offense or violates a rule of the division, the department may forfeit all or any part of the inmate's accrued good conduct time. The department may [not ] restore good conduct time forfeited under this subsection.

(b)  On the revocation of parole or mandatory supervision of an inmate, the inmate forfeits all good conduct time previously accrued. On return to the institutional division the inmate may accrue new good conduct time for subsequent time served in the division. The department may [not ] restore good conduct time forfeited on a revocation.

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

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

HB 1585 as amended was passed to third reading by a viva voce vote.

RECORD OF VOTE

Senator Nelson asked to be recorded as voting "Nay" on the passage of HB 1585 to third reading.

(Senator Armbrister in Chair)

HOUSE BILL 1585 ON THIRD READING

Senator Staples moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1585 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 2, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini.

Nays: Harris, Nelson.

Present-not voting: Mr. President.

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

RECORD OF VOTE

Senator Nelson asked to be recorded as voting "Nay" on the final passage of HB 1585.

77th Legislature — Regular Session 77th Day

COMMITTEE SUBSTITUTE

HOUSE BILL 2575 ON SECOND READING

The Presiding Officer laid before the Senate CSHB 2575 on its second reading. The bill was read second time and further consideration was postponed to a time certain of 4:45 p.m. today:

CSHB 2575, Relating to the total amount of student services fees that may be charged at certain institutions of higher education.

Question—Shall CSHB 2575 be passed to third reading?

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 2575 as follows:

1. On page 1, lines 9 through 14, amend subsection (f) as follows:

(f) If, in an academic year, the total compulsory fee charged under this section is more than 150 dollars, 10 percent higher than the compulsory fee charged for the previous academic year the increase does not take effect unless the increase is approved by a majority vote of the students voting in an election held for that purpose or by a majority vote of the student government at the institution. In subsequent years, an election authorizing a fee increase must be held before the fee can be increased by more than 10 percent of the fee approved at the last student election.

2. On page 1, lines 1 through 25, and page 2, line 1, amend subsection (i) as follows:

(i) If, in an academic year, the total compulsory fee fees charged under this section is are more than 150 dollars, 10 percent higher than the previous year's compulsory fees, the increase does not take effect unless the increase is approved by a majority vote of the students voting in an election held for that purpose or by a majority vote of the duly elected student government. In subsequent years, an election authorizing a fee increase must be held before the fee can be increased by more than 10 percent of the fee approved at the last student election.

The 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.

CSHB 2575 as amended was passed to third reading by a viva voce vote.

COMMITTEE SUBSTITUTE

HOUSE BILL 2575 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 CSHB 2575 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1. (Same as previous roll call)

Monday, May 21, 2001

SENATE JOURNAL

HOUSE BILL 3483 ON SECOND READING

On motion of Senator Sibley and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 3483, Relating to the creation, powers, and duties of the Clean Coal Technology Council.

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

HOUSE BILL 3483 ON THIRD READING

Senator Sibley moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 3483 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

COMMITTEE SUBSTITUTE

HOUSE BILL 342 ON SECOND READING

On motion of Senator Van de Putte and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

CSHB 342, Relating to the study of disease management programs for children's asthma.

The bill was read second time.

Senator Van de Putte offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 342 by adding the following appropriately numbered SECTIONS of the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION _____. (a) The commissioner of public health shall establish an asthma and allergy research advisory committee.

(b)  The asthma and allergy research advisory committee is composed of nine members appointed by the governor, in consultation with the lieutenant governor and the speaker of the house of representatives.

(c)  The governor shall select members of the asthma and allergy research advisory committee based on the members' experience, expertise, or special interest in asthma and allergy and:

(1)  asthma and allergy education;

(2)  indoor air quality;

(3)  the public school system and its dealings with children with asthma and an allergy;

(4)  epidemiology;

77th Legislature — Regular Session 77th Day

(5)  pharmacology;

(6)  parenting a child with asthma or an allergy; or

(7)  immunology.

(d)  The commissioner of public health shall select a member of the asthma and allergy research advisory committee to serve as the presiding officer of the committee. The presiding officer may not be an officer or employee of the state.

(e)  The asthma and allergy research advisory committee shall:

(1)  develop a plan to research asthma and allergy and medical conditions associated with asthma and allergy in this state;

(2)  assess the resources and talent of institutions in this state as possible sites for research opportunities;

(3)  analyze the impact of asthma and allergy on the economy of this state and on the health of the residents of this state;

(4)  make recommendations to the legislature and governor concerning research programs in asthma and allergy and funding alternatives for the programs; and

(5)  advise the Health and Human Services Commission in conducting the children's asthma disease management pilot program under Chapter 95, Health and Safety Code, as added by this Act.

(f)  The asthma and allergy research advisory committee shall meet at least four times as determined by the presiding officer. A professional facilitator with experience in strategic planning shall facilitate meetings of the committee.

(g)  A member of the asthma and allergy research advisory committee may not receive compensation for service on the committee but is entitled to reimbursement for reasonable and necessary travel expenses incurred by the member while conducting the business of the committee as provided by general law and the General Appropriations Act.

(h)  Not later than December 1, 2002, the commissioner of public health shall submit a report prepared by the committee to the governor, lieutenant governor, and speaker of the house of representatives regarding asthma and allergy that comprehensively addresses the issues listed in Subsection (e) of this section.

SECTION _____. (a) The governor shall appoint members to the asthma and allergy research advisory committee not later than the 90th day after the effective date of this Act.

(b)  The asthma and allergy research advisory committee is abolished January 1, 2003.

(c)  This section and Section __ of this Act requiring the establishment of the asthma and allergy research advisory committee expire September 1, 2003.

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

On motion of Senator Van de Putte and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

CSHB 342 as amended was passed to third reading by a viva voce vote.

Monday, May 21, 2001

SENATE JOURNAL

COMMITTEE SUBSTITUTE

HOUSE BILL 342 ON THIRD READING

Senator Van de Putte moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 342 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

COMMITTEE SUBSTITUTE

HOUSE BILL 2204 ON SECOND READING

On motion of Senator Moncrief and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

CSHB 2204, Relating to the construction of facilities and trails for bicycles, electric bicycles, and pedestrians and to the safe operation of bicycles and electric bicycles.

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

COMMITTEE SUBSTITUTE

HOUSE BILL 2204 ON THIRD READING

Senator Moncrief moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 2204 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

HOUSE BILL 840 ON SECOND READING

On motion of Senator West and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 840, Relating to a defendant's waiver of arraignment.

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

77th Legislature — Regular Session 77th Day

HOUSE BILL 840 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 HB 840 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1. (Same as previous roll call)

HOUSE BILL 3623 ON SECOND READING

On motion of Senator Shapleigh and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 3623, Relating to the transfer of certain underused real property owned or controlled by the state to political subdivisions for use as affordable and accessible housing.

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

HOUSE BILL 3623 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 HB 3623 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

COMMITTEE SUBSTITUTE

HOUSE BILL 3383 ON SECOND READING

On motion of Senator Lucio and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

CSHB 3383, Relating to the exemption from ad valorem taxation for certain community housing development organizations.

The bill was read second time.

Senator Lucio offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 3383 (Senate Committee Printing) as follows:

(1)  In SECTION 1 of the bill, in amended Subsection (a), Section 11.182, Tax Code (page 1, lines 18-30), strike Subdivision (1) and substitute the following:

Monday, May 21, 2001

SENATE JOURNAL

(1)  "Cash flow" means the amount of money generated by a housing project for a fiscal year less the disbursements for that fiscal year for operation and maintenance of the project, including:

(A)  standard property maintenance;

(B)  debt service;

(C)  employee compensation;

(D)  fees required by government agencies;

(E)  expenses incurred in satisfaction of requirements of lenders, including reserve requirements;

(F)  insurance; and

(G)  other justifiable expenses related to the operation and maintenance of the project.

(2)  In SECTION 1 of the bill, in amended Section 11.182, Tax Code (page 1, line 54, through page 2, line 22), strike Subsections (d) and (e) and substitute the following:

(d)  A multifamily rental property consisting of 36 or more dwelling units owned by the organization that is exempted under Subsection (b) may not be exempted in a subsequent tax year unless in the preceding tax year the organization spent, for eligible persons in the county in which the property is located, an amount equal to at least 40 percent of the total amount of taxes that would have been imposed on the property in that year without the exemption on social, educational, or economic development services, capital improvement projects, or rent reduction. This subsection does not apply to property acquired by the organization using tax-exempt bond financing after January 1, 1997, and before December 31, 2001.

(e)  In addition to meeting the applicable requirements of Subsections (b) and (c), to receive an exemption under Subsection (b) for improved real property that includes a housing project constructed after December 31, 2001, and financed with qualified 501(c)(3) bonds issued under Section 145 of the Internal Revenue Code of 1986, tax-exempt private activity bonds subject to volume cap, or low-income housing tax credits, the organization must:

(1)  control 100 percent of the interest in the general partner if the project is owned by a limited partnership;

(2)  comply with all rules of and laws administered by the Texas Department of Housing and Community Affairs applicable to community housing development organizations; and

(3)  submit annually to the Texas Department of Housing and Community Affairs and to the governing body of each taxing unit for which the project receives an exemption for the housing project evidence demonstrating that the organization spent an amount equal to at least 90 percent of the project's cash flow in the preceding fiscal year as determined by the audit required by Subsection (g), for eligible persons in the county in which the property is located, on social, educational, or economic development services, capital improvement projects, or rent reduction.

(3)  In SECTION 1 of the bill, in amended Section 11.182, Tax Code, in added Subsection (g) (page 2, line 37), strike "certified public accountant" and substitute "auditor".

(4)  In SECTION 1 of the bill, in amended Section 11.182, Tax Code, following added Subsection (g) (page 2, between lines 41 and 42), add the following:

(h)  Subsections (d) and (e)(3) do not apply to property owned by an organization if:

77th Legislature — Regular Session 77th Day

(1)  the entity that provided the financing for the acquisition or construction of the property:

(A)  requires the organization to make payments in lieu of taxes to the school district in which the property is located; or

(B)  restricts the amount of rent the organization may charge for dwelling units on the property; or

(2)  the organization has entered into an agreement with each taxing unit for which the property receives an exemption to spend in each tax year for the purposes provided by Subsection (d) or (e)(3) an amount equal to the total amount of taxes imposed on the property in the tax year preceding the year in which the organization acquired the property.

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

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

CSHB 3383 as amended was passed to third reading by a viva voce vote.

COMMITTEE SUBSTITUTE

HOUSE BILL 3383 ON THIRD READING

Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 3383 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

HOUSE BILL 1408 ON SECOND READING

On motion of Senator Duncan and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 1408, Relating to the refund of unearned premiums by an insurer.

The bill was read second time.

Senator Duncan offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 1408 as follows:

Replace page 2, lines 21-23 to read:

(c) A guaranty association shall promptly refund any unearned premium defined in Article 21.28-C, Section 5(8) and Article 21.28-D, Section 5(10).

The 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.

HB 1408 as amended was passed to third reading by a viva voce vote.

Monday, May 21, 2001

SENATE JOURNAL

HOUSE BILL 1408 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 HB 1408 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

(President in Chair)

HOUSE BILL 3136 ON SECOND READING

On motion of Senator Jackson and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 3136, Relating to the statute of limitations for persons seeking damages from injury or loss caused by an error in a survey.

The bill was read second time.

Senator Jackson offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 3136 in SECTION 1, by striking new Section 16.011(c), Civil Practice and Remedies Code, and substituting a new Section 16.011(c), Civil Practice and Remedies Code, to read as follows:

(c) This section is a statute of repose and is independent of any other limitations period.

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

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

HB 3136 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 3136 ON THIRD READING

Senator Jackson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 3136 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

77th Legislature — Regular Session 77th Day

HOUSE BILL 1628 ON SECOND READING

On motion of Senator Bernsen and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 1628, Relating to the transfer of certain state property from the Texas Department of Mental Health and Mental Retardation to Spindletop MHMR Services.

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

HOUSE BILL 1628 ON THIRD READING

Senator Bernsen moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1628 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1. (Same as previous roll call)

HOUSE BILL 3441 ON SECOND READING

On motion of Senator Madla and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 3441, Relating to special license plates for certain government officials.

The bill was read second time.

Senator Madla offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 3441 by striking SECTION 5 of the bill and substituting the following:

SECTION 5. Section 502.297(g), Transportation Code, is amended to read as follows:

(g) In this section:

(1) "Federal judge" means:

(A) a judge of the Fifth Circuit Court of Appeals;

(B) a judge [or a magistrate ] of a United States district court; or

(C) a judge of a United States bankruptcy court.

(2) "State judge" means:

(A) a justice of the supreme court;

(B) a judge of the court of criminal appeals;

(C) a judge of a court of appeals;

(D) [(B) ] a district court judge; or

Monday, May 21, 2001

SENATE JOURNAL

(E) [(C) ] a presiding judge of an administrative judicial district[; or

[(D) a statutory county court judge ].

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

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

HB 3441 as amended was passed to third reading by a viva voce vote.

HOUSE BILL 3441 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 HB 3441 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Present-not voting: Mr. President.

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

HOUSE BILL 2530 ON SECOND READING

On motion of Senator Ellis and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to third reading:

HB 2530, Relating to certain prohibitions applicable to a person offering a sweepstakes or operating a video sweepstakes; providing a civil penalty.

The bill was read second time.

Senator Ellis offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2530 by striking all below the enacting clause and substituting the following:

SECTION 1. Title 4, Business & Commerce Code, is amended by adding Chapter 43 to read as follows:

CHAPTER 43. SWEEPSTAKES

Sec. 43.001.  DEFINITIONS. In this chapter:

(1)  "Catalogues" means promotional booklets listing merchandise for sale that are at least 24 pages long, have a circulation of at least 250,000, and either:

(A)  require customers to go to a physical location to purchase the advertised items; or

(B)  are published by a company that derives more than 50 percent of its total gross revenue from sales occurring at physical locations.

(2)  "Conducting" a sweepstakes means distributing any material that promotes a sweepstakes, describes the prize or prizes, states one or more of the sweepstakes rules, includes any current or future opportunity to enter the sweepstakes, or provides any method for the recipient of the material to obtain additional information about the sweepstakes.

77th Legislature — Regular Session 77th Day

(3)  "Credit card" means:

(A)  a card that, if covered by Texas law, would be a lender credit card, as defined by Section 301.002, Finance Code; or

(B)  a card that, if covered by Texas law, would be a lender credit card under Section 301.002, Finance Code, except that the obligations under the card are payable in full each month, not deferred, and no finance charge is assessed when the obligations are paid.

(4)  "Debit card" means a card offered by an institution whose deposits are insured by the Federal Deposit Insurance Corporation or by another agency, corporation, or instrumentality chartered by the United States government.

(5)  "Direct marketing" means using a facsimile or the United States mail.

(6)  "Imply" means all methods and means by which an implication can be conveyed, including a statement, a question, a request, conduct, a graphic, a symbol, lettering, coloring, font size, font style, or formatting.

(7)  "Magazines" and "newspapers" mean publications:

(A)  that sell advertising space to companies other than the publisher, its affiliates, and the vendors for any of them; and

(B)  for which more than 50 percent of the total number of copies distributed of each issue go to customers who paid for the copy.

(8)  "Sweepstakes" means a contest that awards one or more prizes based on chance or the random selection of entries.

Sec. 43.002.  OFFENSES. A person conducting a sweepstakes through direct marketing may not:

(1)  require an individual to order or purchase a good or service, or promise to purchase a good or service in the future, to enter a sweepstakes;

(2)  automatically enter an individual in a sweepstakes because the individual ordered or purchased a good or service or because the individual promised to order or purchase a good or service;

(3)  solicit business using an order form or purchasing mechanism that has any role in the operation of a sweepstakes;

(4)  use a mechanism for entering a sweepstakes that:

(A)  has any connection to ordering or purchasing a good or service;

(B)  is not identical for all individuals entering the sweepstakes; and

(C)  does not have printed on the entry form in a font size at least as large as the largest font size used on the entry form the following language: "Buying Will Not Help You Win. Your chances of winning without making a purchase are the same as the chances of someone who purchases something. It is illegal to give any advantage to buyers in a sweepstakes.";

(5)  solicit an individual to enter a sweepstakes by invitation or other opportunity and allow the individual to choose or indicate the preferred characteristics of a prize to be awarded in the sweepstakes, unless those choices: