(Thursday, March 19, 2009)


The Senate met at 8:00 a.m. and was called to order by Senator Williams.



The Presiding Officer announced that the time had arrived to consider bills and resolutions placed on the Local and Uncontested Calendar. Notice of consideration of the local calendar was given by Senator Williams yesterday.

Pursuant to Senate Rule 9.03(d), the following bills and resolutions were laid before the Senate in the order listed, read second time, amended where applicable, passed to engrossment or third reading, read third time, and passed. The votes on passage to engrossment or third reading, suspension of the Constitutional Three-day Rule, and final passage are indicated after each caption. All Members are deemed to have voted "Yea" on viva voce votes unless otherwise indicated.

SB 32 (Zaffirini)

Relating to the detention and transportation of a person with a mental illness.

(viva voce vote) (31-0) (31-0)

SB 34 (Zaffirini)

Relating to the civil liability of an employer or former employer of a mental health services provider who engages in sexual exploitation of a patient or former patient.

(viva voce vote) (31-0) (31-0)

CSSB 44 (Zaffirini)

Relating to the participation of undergraduate students in funding awarded under the advanced research program.

(viva voce vote) (31-0) (31-0)

SB 65 (Zaffirini)

Relating to leave for junior college district or university system employees who are physically assaulted while on duty.

(viva voce vote) (31-0) (31-0)

CSSB 71 (Nelson)

Relating to the limitation on paid leave for state employees at health and human services agencies pending a criminal history background check.

(viva voce vote) (31-0) (31-0)

CSSB 72 (Nelson)

Relating to training and other human resources functions of health and human services agencies.

(viva voce vote) (31-0) (31-0)

CSSB 81 (Nelson)

Relating to certain providers of subsidized child care.

(viva voce vote) (31-0) (31-0)

SB 86 (Nelson)

Relating to the eligibility of certain aliens for a license to practice medicine in this state.

(viva voce vote) (31-0) (31-0)

CSSB 202 (Shapleigh)

Relating to provisional licensing of physicians to practice in underserved areas.

(viva voce vote) (31-0) (31-0)

SB 229 (West)

Relating to the procurement methods authorized for public projects by certain local governments.

(viva voce vote) (31-0) (31-0)

SB 234 (West)

Relating to real property subject to restrictive covenants.

(viva voce vote) (31-0) (31-0)

SB 235 (West)

Relating to prohibiting a restrictive covenant granting a right of first refusal to a property owners' association in certain circumstances.

(viva voce vote) (31-0) (31-0)

SB 236 (West)

Relating to the regulation of solar energy devices by a property owners' association.

(viva voce vote) (31-0) (31-0)

SB 239 (West)

Relating to notice requirements in certain enforcement actions initiated by property owners' associations.

(viva voce vote) (31-0) (31-0)

SB 271 (Harris)

Relating to the appointment of a successor guardian for certain wards adjudicated as totally incapacitated.

(viva voce vote) (31-0) (31-0)

602 81st Legislature — Regular Session 23rd Day (Cont.)

CSSB 279 (Nelson)

Relating to a prohibition against certain court orders in a suit affecting the parent-child relationship during a parent's military deployment.

(viva voce vote) (31-0) (31-0)

CSSB 284 (Nelson)

Relating to human body and anatomical specimen donation.

(viva voce vote) (31-0) (31-0)

CSSB 286 (Nelson)

Relating to a health passport for Medicaid recipients.

(viva voce vote) (31-0) (31-0)

SB 287 (Nelson)

Relating to the use of electronic prescribing data transmission systems under the state Medicaid program.

(viva voce vote) (31-0) (31-0)

CSSB 288 (Nelson)

Relating to the review of a Medicaid recipient's electronic medication history by a provider of Medicaid acute care services.

(viva voce vote) (31-0) (31-0)

SB 289 (Nelson)

Relating to ensuring that health information technology used in the medical assistance and child health plan programs conforms to certain standards.

(viva voce vote) (31-0) (31-0)

CSSB 291 (Nelson)

Relating to hepatitis B vaccination for students enrolled in certain health-related courses of study at an institution of higher education.

(viva voce vote) (31-0) (31-0)

SB 292 (Nelson)

Relating to the requirement that licensed physicians provide emergency contact information to the Texas Medical Board.

(viva voce vote) (31-0) (31-0)

CSSB 293 (Carona)

Relating to the pledge of certain revenue of a regional transportation authority to the payment of bonds.

(viva voce vote) (31-0) (31-0)

SB 316 (Wentworth)

Relating to the establishment of railroad quiet zones outside the boundaries of certain municipalities.

(viva voce vote) (31-0) (31-0)

SB 328 (Carona)

Relating to the civil and criminal consequences of operating a motor vehicle or a watercraft while intoxicated or under the influence of alcohol.

(viva voce vote) (31-0) (31-0)

Thursday, March 19, 2009 SENATE JOURNAL 603

SB 333 (Carona)

Relating to the retention by a county or municipality of certain court costs for maintaining and supporting a certified breath alcohol testing program.

(viva voce vote) (31-0) (31-0)

SB 334 (Carona)

Relating to the repeal of the authority of the Texas Department of Transportation to regulate air carriers.

(viva voce vote) (31-0) (31-0)

CSSB 343 (Nelson)

Relating to the creation of an advisory committee to study the retail availability of healthy foods in certain underserved areas of this state.

(viva voce vote) (31-0) (31-0)

CSSB 347 (Nelson)

Relating to the receipt and release of immunization information by the immunization registry in connection with a disaster; providing penalties.

(viva voce vote) (31-0) (31-0)

SB 348 (Carona)

Relating to the Texas Transportation Commission's authority to establish advisory committees.

(viva voce vote) (31-0) (31-0)

CSSB 374 (Carona)

Relating to the authority of a county or the Department of Public Safety of the State of Texas to enforce compliance with posted speed limits by an automated traffic control system.

(viva voce vote) (31-0) (31-0)

SB 376 (Carona)

Relating to the powers and duties of the Texas Department of Transportation related to county traffic officers.

(viva voce vote) (31-0) (31-0)

CSSB 395 (Lucio)

Relating to creation of the Early Childhood Health and Nutrition Interagency Council.

(viva voce vote) (31-0) (31-0)

SB 397 (Carona)

Relating to methods of payment for reimbursement of jury service expenses.

(viva voce vote) (31-0) (31-0)

SB 405 (Shapiro)

Relating to compensation for the use of the public transportation system of a regional transportation authority.

(viva voce vote) (31-0) (31-0)

CSSB 407 (Shapiro)

Relating to the appointment of magistrates to hear truancy cases in certain counties.

(viva voce vote) (31-0) (31-0)

604 81st Legislature — Regular Session 23rd Day (Cont.)

SB 420 (Carona)

Relating to the performance evaluation criteria for judges employed by a municipality.

(viva voce vote) (31-0) (31-0)

(Senator Uresti in Chair)

CSSB 446 (Wentworth)

Relating to the use of certain court costs in a criminal case for municipal programs enhancing public safety and security.

(viva voce vote) (31-0) (31-0)

SB 477 (Wentworth)

Relating to eligibility for assignment as a visiting judge.

(viva voce vote) (31-0) (31-0)

SB 481 (Carona)

Relating to safety regulations for certain contract carriers.

(viva voce vote) (31-0) (31-0)

SB 492 (Nelson)

Relating to the prohibition on certification of sex offenders as emergency medical services personnel.

(viva voce vote) (31-0) (31-0)

CSSB 497 (Wentworth)

Relating to compensation paid to certain judges and justices.

(viva voce vote) (31-0) (31-0)

SB 504 (Ogden)

Relating to the use of land on the main campus of Texas A&M University in College Station.

(viva voce vote) (31-0) (31-0)

SB 517 (Harris)

Relating to the application of the child support guidelines in a suit affecting the parent-child relationship.

(viva voce vote) (31-0) (31-0)

SB 524 (Duncan)

Relating to the grounds for removal of a member of the board of directors of the Lynn County Hospital District.

(viva voce vote) (31-0) (31-0)

(Senator Williams in Chair)

SB 525 (Nelson)

Relating to certain qualified alien physicians practicing medicine in this state.

(viva voce vote) (31-0) (31-0)

SB 527 (Nelson)

Relating to certain mammography systems that fail certification standards.

(viva voce vote) (31-0) (31-0)

Thursday, March 19, 2009 SENATE JOURNAL 605

SB 530 (Patrick)

Relating to the disposition of cash in possession of a deceased pauper.

(viva voce vote) (31-0) (31-0)

SB 581 (Wentworth)

Relating to intermunicipal commuter rail districts.

(viva voce vote) (31-0) (31-0)

SB 589 (Carona)

Relating to certain requirements for sunscreening devices that are placed on or attached to a motor vehicle; providing a penalty.

(viva voce vote) (31-0) (31-0)

SB 623 (West)

Relating to the hours worked during a week by firefighters in certain municipalities.

(viva voce vote) (31-0) (31-0)

SB 625 (Wentworth)

Relating to the representation of indigent defendants in criminal cases.

(viva voce vote) (31-0) (31-0)

CSSB 627 (Carona)

Relating to a rebuttable presumption regarding liability of an in-home service company or residential delivery company for negligent hiring.

(viva voce vote) (31-0) (31-0)

SB 633 (Seliger)

Relating to the number of counties or municipalities necessary to establish a regional drug court program.

(viva voce vote) (31-0) (31-0)

SB 662 (Lucio)

Relating to the establishment and use of a mausoleum beneath certain religious buildings.

(viva voce vote) (31-0) (31-0)

SB 683 (Wentworth)

Relating to the recusal or disqualification of a statutory probate court judge and subsequent assignment of another judge.

(viva voce vote) (31-0) (31-0)

SB 687 (Hegar)

Relating to injury leave and related benefits for certain state peace officers injured in the course of performance of duty.

(viva voce vote) (31-0) (31-0)

SB 703 (Nelson)

Relating to the provision of a certified copy of a birth certificate for certain minors receiving services from the Department of Family and Protective Services.

(viva voce vote) (31-0) (31-0)

606 81st Legislature — Regular Session 23rd Day (Cont.)


Pursuant to a previously adopted motion, the Senate at 8:35 a.m. adjourned, in memory of Ana Maria Bujanos of Brownsville and Rebecca Pemelton and Roger G. Burns of Harlingen, until 10:00 a.m. today.

Thursday, March 19, 2009 SENATE JOURNAL 607