SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE — REGULAR SESSION


AUSTIN, TEXAS


PROCEEDINGS


THIRTIETH DAY

(Tuesday, March 31, 2009)

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

The roll was called and the following Senators were present:iiAveritt, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Seliger, Shapiro, Shapleigh, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

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

The Most Reverend Oscar Cantú, Catholic Archdiocese of San Antonio, offered the invocation as follows:

Good and gracious God, the sacred scriptures tell us that You created a world that was good and that You crowned the world with mankind, whom You created in Your own image and likeness. We are born into families. This was by Your design, to reflect Your marvelous wisdom, for You are a God of love, graciousness, and unity. We see in nature the wisdom of Your creation. We discern laws in creation that are in conformity with Your goodness. We ask that You guide us with that same wisdom with which You designed the universe. Help us to create a society on Earth that reflects Your will. You extend Your care especially for the most vulnerable, for the poor and outcast, for the stranger and visitor, the sick and those yet to be born. You offer forgiveness to the sinner, love and compassion for all. May our own laws reflect the wisdom of Your divine laws and designs, laws of freedom and compassion, of truth and dignity. Give us clarity to discern Your wisdom, an untiring resolve for justice, compassion for the weak, love for truth, respect for every human person. Thus, our communities reflect Your own life of justice, love, and compassion. We ask all of this in Your sacred name. Amen.

Senator Whitmire moved that the reading of the Journal of the proceedings of yesterday be dispensed with and the Journal be approved as printed.

The motion prevailed without objection.

CO-AUTHOR OF SENATE BILL 69

On motion of Senator Nelson, Senator Uresti will be shown as Co-author of SBi69.

CO-AUTHOR OF SENATE BILL 82

On motion of Senator Nelson, Senator Uresti will be shown as Co-author of SBi82.

CO-AUTHOR OF SENATE BILL 83

On motion of Senator Nelson, Senator Uresti will be shown as Co-author of SBi83.

CO-AUTHOR OF SENATE BILL 98

On motion of Senator Lucio, Senator Zaffirini will be shown as Co-author of SBi98.

CO-AUTHOR OF SENATE BILL 100

On motion of Senator Lucio, Senator Zaffirini will be shown as Co-author of SBi100.

CO-AUTHOR OF SENATE BILL 277

On motion of Senator Nelson, Senator Uresti will be shown as Co-author of SBi277.

CO-AUTHOR OF SENATE BILL 298

On motion of Senator Carona, Senator West will be shown as Co-author of SBi298.

CO-AUTHOR OF SENATE BILL 344

On motion of Senator Nelson, Senator Uresti will be shown as Co-author of SBi344.

CO-AUTHOR OF SENATE BILL 461

On motion of Senator Gallegos, Senator Uresti will be shown as Co-author of SBi461.

CO-AUTHOR OF SENATE BILL 491

On motion of Senator West, Senator Uresti will be shown as Co-author of SBi491.

CO-AUTHORS OF SENATE BILL 780

On motion of Senator Watson, Senators Carona and Lucio will be shown as Co-authors of SBi780.

CO-AUTHOR OF SENATE BILL 786

On motion of Senator Nelson, Senator Uresti will be shown as Co-author of SBi786.

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CO-AUTHOR OF SENATE BILL 788

On motion of Senator Nelson, Senator Uresti will be shown as Co-author of SBi788.

CO-AUTHORS OF SENATE BILL 847

On motion of Senator Averitt, Senators VanideiPutte and Zaffirini will be shown as Co-authors of SBi847.

CO-AUTHOR OF SENATE BILL 898

On motion of Senator Shapleigh, Senator Shapiro will be shown as Co-author of SBi898.

CO-AUTHOR OF SENATE BILL 983

On motion of Senator Davis, Senator Zaffirini will be shown as Co-author of SBi983.

CO-AUTHOR OF SENATE BILL 987

On motion of Senator Shapiro, Senator Zaffirini will be shown as Co-author of SBi987.

CO-AUTHOR OF SENATE BILL 1022

On motion of Senator Ellis, Senator Shapleigh will be shown as Co-author of SBi1022.

CO-AUTHOR OF SENATE BILL 1075

On motion of Senator VanideiPutte, Senator Davis will be shown as Co-author of SBi1075.

CO-AUTHOR OF SENATE BILL 1292

On motion of Senator Hinojosa, Senator Lucio will be shown as Co-author of SBi1292.

CO-AUTHOR OF SENATE BILL 1332

On motion of Senator Nelson, Senator Uresti will be shown as Co-author of SBi1332.

CO-AUTHOR OF SENATE BILL 1344

On motion of Senator Watson, Senator Zaffirini will be shown as Co-author of SBi1344.

CO-AUTHOR OF SENATE BILL 1489

On motion of Senator Watson, Senator Zaffirini will be shown as Co-author of SBi1489.

CO-AUTHORS OF SENATE BILL 1537

On motion of Senator VanideiPutte, Senators Davis and Shapleigh will be shown as Co-authors of SBi1537.

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CO-AUTHORS OF SENATE BILL 1538

On motion of Senator VanideiPutte, Senators Davis and Shapleigh will be shown as Co-authors of SBi1538.

CO-AUTHOR OF SENATE BILL 1576

On motion of Senator Shapiro, Senator West will be shown as Co-author of SBi1576.

CO-AUTHOR OF SENATE BILL 1611

On motion of Senator Davis, Senator Lucio will be shown as Co-author of SBi1611.

CO-AUTHORS OF SENATE BILL 1668

On motion of Senator Nichols, Senators Eltife and Williams will be shown as Co-authors of SBi1668.

CO-AUTHOR OF SENATE BILL 2402

On motion of Senator Davis, Senator Nelson will be shown as Co-author of SBi2402.

CO-AUTHOR OF SENATE BILL 2467

On motion of Senator Patrick, Senator Hegar will be shown as Co-author of SBi2467.

MESSAGES FROM THE GOVERNOR

The following Messages from the Governor were read and were referred to the Committee on Nominations:

Austin, Texas

March 30, 2009

TO THE SENATE OF THE EIGHTY-FIRST LEGISLATURE, REGULAR SESSION:

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

To be members of the One Call Board for terms to expire August 31, 2011:

Barbara J. Mathis

Lufkin, Texas

(replacing Deborah Farris of Dallas whose term expired)

Rodney J. Unruh

Spring Branch, Texas

(replacing Steven F. Landon of Colleyville whose term expired)

To be Judge of the 134th Judicial District Court, Dallas County for a term until the next General Election and until his successor shall be duly elected and qualified:

James M. Stanton

Dallas, Texas

(Mr. Stanton is replacing Judge Anne Ashby who resigned)

778 81st Legislature — Regular Session 30th Day


To be members of the Risk Management Board for terms to expire February 1, 2015:

Ernest C. Garcia

Austin, Texas

Kenneth N. Mitchell

El Paso, Texas

(the individuals listed above are being reappointed)

Respectfully submitted,

/s/Rick Perry

Governor

PHYSICIAN OF THE DAY

Senator Seliger was recognized and presented Dr. Thomas Smith of Amarillo as the Physician of the Day.

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

SENATE RESOLUTION 543

Senator Davis offered the following resolution:

WHEREAS, Throughout its history, the State of Texas has maintained a commitment to the principle of private property rights, and since its creation in 1920, the Texas Association of REALTORS and its members have supported this vital principle; and

WHEREAS, Each day, REALTORS provide valuable professional services that enable their fellow Texans to buy, sell, lease, develop, and manage real estate in a knowledgeable and confident manner, while helping to preserve the free enterprise system and the right to own real property; and

WHEREAS, Over the years, Texas REALTORS have worked diligently within the regulatory process to promote and raise their business practices, and the term "REALTOR" has come to stand for competence, fairness, and integrity; and

WHEREAS, The more than 80,000 members of the Texas Association of REALTORS have consistently supported responsible government as well as the entrepreneurial spirit that is the backbone of our state's economy, and its members are indeed worthy of special recognition at this time; now, therefore, be it

RESOLVED, That the Senate of the 81st Texas Legislature hereby recognize March 31, 2009, as REALTOR Appreciation Day at the State Capitol and extend a warm welcome to members of the Texas Association of REALTORS visiting on this day; and, be it further

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

SR 543 was read and was adopted without objection.

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GUESTS PRESENTED

Senator Davis was recognized and introduced to the Senate representatives of the Texas Association of Realtors:iiBrooke Hunt, 2009 Chair of the Board, Flower Mound; Bill Jones, 2009 Chair-elect, Temple; Dwight Hale, Secretary/Treasurer, San Antonio; and Joe Stewart, Secretary/Treasurer-elect, Austin; accompanied by a delegation of members.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Seliger was recognized and introduced to the Senate Michael McKinney, The Texas A&M University System Chancellor; J.iPatrick O'Brien, West Texas A&M University President; Amy Thompson, Student Body President; Robert Hansen, Faculty Senate President; and Patty Price, Alumni Board President.

The Senate welcomed its guests.

SENATE RESOLUTION 540

Senator Uresti offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to welcome the citizens of Culberson County who have come to the State Capitol to celebrate Culberson County Day; and

WHEREAS, Located in the Trans-Pecos region of West Texas, Culberson County covers 3,815 square miles of fairly level to mountainous land, with elevations ranging from 3,000 feet to 8,751 feet on Guadalupe Peak, the highest point in the state and a major tourist attraction in Guadalupe Mountains National Park; and

WHEREAS, A Folsom point found in the Guadalupe Mountains is evidence of human occupation of the area some 12,000 years ago; the Apaches, the area's most famous indigenous inhabitants, arrived about 600 years ago; the forbidding terrain and the presence of the Apaches deterred most Spanish exploration and settlement; and

WHEREAS, By the middle of the 19th century, new routes were being sought to connect central and eastern Texas with El Paso and California, and the 1849 gold rush increased the demand; settlement in the area began in earnest with the completion of the Texas and Pacific Railway in the 1880s and the growth of ranching in the area; Culberson County was created in 1911 from El Paso County and named after DavidiB. Culberson; the county was organized and Van Horn was named its county seat in 1912; and

WHEREAS, The extraction of minerals has long been important in Culberson County, which has yielded copper, silver, molybdenum, gypsum, talc, and many other minerals; oil was discovered in 1953; the people of Culberson County have long realized the benefits of attracting visitors to the area, and tourism has become increasingly important in the local economy; and

WHEREAS, Culberson County Day at the State Capitol provides an opportunity to honor the county's rich past and its contributions to the history of this state; now, therefore, be it

780 81st Legislature — Regular Session 30th Day


RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby recognize Culberson County Day and extend best wishes to the delegation from Culberson County for a memorable visit to the State Capitol; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the citizens of Culberson County as a memento of this special day.

SR 540 was read and was adopted without objection.

GUESTS PRESENTED

Senator Uresti was recognized and introduced to the Senate Culberson County Commissioner Adrian J. Norman, County Auditor Mark A. Cabezuela, Van Horn Mayor Pro Tempore Matthew Molina, Van Horn Mayor Ben Flanagan, and Culberson County-Allamoore Independent School District Board Trustee John Clark, accompanied by a delegation of citizens from Culberson County.

The Senate welcomed its guests.

GUEST PRESENTED

Senator West was recognized and introduced to the Senate Civil District Court Judge Eric V. Moyé of Dallas.

The Senate welcomed its guest.

SENATE RESOLUTION 344

Senator Deuell offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to welcome the delegation from the 15 Roman Catholic Dioceses of Texas visiting the Capitol on March 31, 2009, and to recognize the Respect Life and Family Life ministers for their many good works over the years; and

WHEREAS, Respect Life and Gabriel Project Ministries offer services to women facing crisis pregnancies throughout the State of Texas without regard to race, religion, or socioeconomic background; and

WHEREAS, These ministries offer assistance and support to thousands of Texans every year and provide ongoing parenting assistance for these families; and

WHEREAS, In addition to its Respect Life Ministry programs, the Catholic Church Family Life Ministries provide marriage preparation and education to engaged couples and support marriage enrichment programs; and

WHEREAS, In keeping with the teachings of the Catholic Church, the Family Life ministers provide support for families throughout Texas in order to strengthen and nurture their relationships; and

WHEREAS, These ministries play an important role in the lives of many Texans, and they are worthy of recognition for their dedication to their mission; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby extend a warm welcome to the ministers of the Respect Life and Family Life delegation on the occasion of their visit to the State Capitol and commend all those associated with these ministries for their ongoing efforts to make a positive difference in the lives of others; and, be it further

Tuesday, March 31, 2009 SENATE JOURNAL 781


RESOLVED, That an official copy of this Resolution be prepared for the Texas Catholic Conference as an expression of high regard from the Texas Senate.

SR 344 was read and was adopted without objection.

GUESTS PRESENTED

Senator Deuell was recognized and introduced to the Senate a delegation representing the Texas Catholic Conference and Respect Life and Family Life Advocacy Day.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Carona was recognized and introduced to the Senate a delegation of McDermott Scholars from The University of Texas at Dallas.

The Senate welcomed its guests.

SENATE RESOLUTION 539

Senator Uresti offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to join the residents of Loving County in celebrating Loving County Day at the Capitol; and

WHEREAS, The smallest county in the Permian Basin of West Texas, Loving County is bounded on the west by the Pecos River and on the north by New Mexico; and

WHEREAS, Loving County was created in 1887; it was carved out of Tom Green County and remained attached to Reeves County for judicial purposes; it was named for Oliver Loving, an early Texas cattleman; the county was organized in 1893, and the town of Mentone, which was laid out 12 miles north of the present Mentone, was named the county seat; and

WHEREAS, The state deorganized Loving County in 1897, and Mentone was abandoned; after the discovery of oil in the region in the 1920s, the town of Ramsey was born, which led to the second organization of Loving County in 1931; Ramsey was renamed Mentone and became the county seat; and

WHEREAS, Loving County consists of 671 square miles of flat desert terrain with a few rolling hills stretching over calichified bedrock; Mentone is the only town in the county; area wildlife includes quail, deer, javelinas, bobcats, coyotes, and armadillos; and

WHEREAS, Over the years, the county's economy has relied on oil and gas production and the unimproved land has been used for cattle grazing; and

WHEREAS, Although the area is sparsely populated, the residents of Loving County are members of a unique community, and Loving County Day is an excellent opportunity to recognize these rugged Texans and pay tribute to their county's role in the rich history of this state; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby express appreciation to the people of Loving County for their contributions to our state and extend best wishes to them as they celebrate Loving County Day at the Capitol; and, be it further

782 81st Legislature — Regular Session 30th Day


RESOLVED, That a copy of this Resolution be prepared in honor of Loving County.

SR 539 was read and was adopted without objection.

GUESTS PRESENTED

Senator Uresti was recognized and introduced to the Senate Sheriff Billy Hopper and Loving County Judge Skeet Jones, accompanied by a delegation of citizens from Loving County.

The Senate welcomed its guests.

(Senator Huffman in Chair)

SENATE CONCURRENT RESOLUTION 53

The Presiding Officer laid before the Senate the following resolution:

WHEREAS, Proud residents of West Texas are gathering in Austin to celebrate West Texas Day at the State Capitol on March 31, 2009; and

WHEREAS, With its epic history–a chronicle of Native Americans contesting for the land with frontier soldiers and settlers, of cow towns and cattle drives supplanting immense herds of buffalo, of oilmen and roughnecks developing the vast petroleum and gas fields of the Permian Basin–this famous region encompasses much of what people most readily associate with the Lone Star State; and

WHEREAS, The scenic wonders of West Texas include, in the northern reaches, the primordial grasslands of the Llano Estacado, the imposing Caprock escarpment, and the spectacular Palo Duro Canyon, while to the south lie striking landscapes of mountains, deserts, and the steeply cut canyons of the Rio Grande; and

WHEREAS, Citizens of West Texas cherish the land and the rich heritage that have shaped them and take pride in the communities and institutions they have established; among their most important creations are many fine institutions of higher learning, including Abilene Christian University and McMurry University in Abilene, West Texas A&M University in Canyon, Texas Tech University, the Texas Tech University Health Sciences Center, and Lubbock Christian University in Lubbock, Midland College in Midland, The University of Texas of the Permian Basin and Odessa College in Odessa, and Angelo State University in San Angelo; and

WHEREAS, Serving the people of West Texas are a number of modern urban centers; Abilene, established in the 1880s on the line of the Texas and Pacific Railway, has grown from a celebrated cattle town into a thriving city of 115,000; a center for ranching and the petroleum industry, it is also the site of Dyess Air Force Base, home to the B-1 bomber and its crews and a staging area for troops fighting in Iraq and Afghanistan; in 2002, the city gained a dramatic addition to its downtown area with the opening of Frontier Texas! a six-acre, state-of-the-art tourist complex that also serves as the starting point for the Texas Forts Trail, a 650-mile heritage tour through 29 counties; and

WHEREAS, Located in the heart of the Panhandle and at the center of the largest natural gas field in the world, Amarillo has built its prosperity on gas, petroleum, agriculture, and cattle; in addition, the city has several major defense plants, including Pantex and Bell Helicopter Textron; residents enjoy such cultural amenities as opera,

Tuesday, March 31, 2009 SENATE JOURNAL 783


ballet, symphonic music, theater at the Globe News Center for the Performing Arts, and the Panhandle-Plains Historical Museum, while the nearby Cadillac Ranch ranks as one of the nation's truly unique tourist attractions; and

WHEREAS, Lubbock, a center for agribusiness, distribution, and manufacturing, is also widely known for its outstanding medical facilities, for its comprehensive National Ranching Heritage Center, and for a renowned archeological site, the Lubbock Lake Landmark; the birthplace, moreover, of rock and roll legend Buddy Holly, Lubbock has played an influential role in the growth of Texas music, nurturing such artists as Waylon Jennings, Joe Ely, Jimmie Dale Gilmore, and Butch Hancock; and

WHEREAS, Long identified with the oil business, Midland continues to be an administrative and financial center for that industry; its cultural attractions include the Petroleum Museum, the Museum of the Southwest, and the American Airpower Heritage Museum, a world-famous collection of vintage World War II aircraft that was initially developed by the Commemorative Air Force; and

WHEREAS, Odessa claims the distinction of being home to the largest inland petrochemical complex in the world; another facet of the community's identity is reflected in the venerable Sandhills Stock Show and Rodeo, the first rodeo of the season for the nearly one thousand men and women competing on the tour of the Professional Rodeo Cowboys Association; the city also boasts a replica of Shakespeare's Globe Theatre, the Ellen Noel Art Museum, the Parker House Ranching Museum, and the Presidential Museum, the only museum in the United States solely dedicated to the office of the presidency; and

WHEREAS, San Angelo's colorful frontier history lives on at Fort Concho, one of the best preserved forts in the country and now a national historic landmark; at one time the largest range cattle shipping station in the United States, San Angelo continues to be a national leader in the processing and shipping of wool and mohair, while it also benefits from a highly diversified industrial sector; Goodfellow Air Force Base, established at San Angelo in 1940, further contributes to the city's economy, as well as to the nation's defense; and

WHEREAS, With its striking vistas, abundant natural resources, and energetic, hardworking people, West Texas is engaged in building a future that promises to be as dynamic and exciting as its storied past; now, therefore, be it

RESOLVED, That the 81st Legislature of the State of Texas hereby recognize March 31, 2009, as West Texas Day at the State Capitol and extend sincere best wishes for an enjoyable and memorable visit to all those who have traveled here for this special occasion.

FRASER

SCR 53 was read.

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

All Members are deemed to have voted "Yea" on the adoption of the resolution.

784 81st Legislature — Regular Session 30th Day


GUESTS PRESENTED

Senator Fraser, joined by Senators Duncan and Seliger, was recognized and introduced to the Senate Tom Martin, Mayor, City of Lubbock; Debra McCartt, Mayor, City of Amarillo; Norm Archibald, Mayor, City of Abilene; and J. W. Lohn, Mayor, City of San Angelo; accompanied by a delegation of citizens from West Texas.

The Senate welcomed its guests.

(President Pro Tempore Duncan in Chair)

GUESTS PRESENTED

Senator Ellis, joined by Senators West and VanideiPutte and the Presiding Officer, was recognized and introduced to the Senate twelve men who have been wrongfully convicted of crimes:iiCharles Chatman, 27 years served; Johnnie Lindsey, 26 years served; Thomas McGowan, 23 years served; Billy Smith, 20 years served; Brandon Moon, 17 years served; James Waller, 11 years served; Ron Taylor, 12 years served; James Giles, 10 years served; Anthony Robinson, 10 years served; Entre Nax Karage, 7 years served; Keith Turner, 4 years served; and, posthumously, Timothy Cole, who died while incarcerated, represented by his mother, Ruby Session.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator VanideiPutte was recognized and introduced to the Senate seventh-grade students from The Winston School in San Antonio, accompanied by their teacher and parents.

The Senate welcomed its guests.

PERMISSION TO INTRODUCE BILLS

On motion of Senator Whitmire and by unanimous consent, Senate Rule 7.07(b) was suspended to permit the introduction of the following bills:

SBi2449, SBi2450, SBi2451, SBi2452, SBi2454, SBi2459, SBi2465, SBi2468, SBi2476, SBi2477, SBi2481, SBi2482.

INTRODUCTION OF
BILLS AND RESOLUTIONS POSTPONED

The President Pro Tempore announced that the introduction of bills and resolutions on first reading would be postponed until the end of today's session.

There was no objection.

CONCLUSION OF MORNING CALL

The President Pro Tempore at 11:53 a.m. announced the conclusion of morning call.

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SENATE BILL 847 ON SECOND READING

On motion of Senator Averitt and by unanimous consent, the regular order of business was suspended to take up for consideration SBi847 at this time on its second reading:

SB 847, Relating to applicability of fee exemptions for military personnel and their children to certain course fees charged by public technical institutes and public state colleges.

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

All Members are deemed to have voted "Yea" on the passage to engrossment.

SENATE BILL 847 ON THIRD READING

Senator Averitt moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi847 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi30, Naysi1.

Nays:iiWentworth.

Reason for Vote

Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule:

I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider SBi847, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on SBi847 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct.

/s/Jeff Wentworth

Senator, District 25

The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.

SENATE BILL 1278 ON SECOND READING

Senator Huffman moved to suspend the regular order of business to take up for consideration SBi1278 at this time on its second reading:

786 81st Legislature — Regular Session 30th Day


SB 1278, Relating to the authority of a judge to suspend the imposition of a sentence and place a defendant on community supervision.

The motion prevailed.

Senator Watson asked to be recorded as voting "Nay" on suspension of the regular order of business.

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

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Nays:iiWatson.

SENATE BILL 1278 ON THIRD READING

Senator Huffman moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi1278 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi2.

Yeas:iiAveritt, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Seliger, Shapiro, Shapleigh, Uresti, VanideiPutte, West, Whitmire, Williams, Zaffirini.

Nays:iiWatson, Wentworth.

Reason for Vote

Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule:

I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider SBi1278, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on SBi1278 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct.

/s/Jeff Wentworth

Senator, District 25

The bill was read third time and was passed by the following vote:iiYeasi30, Naysi1.

Nays:iiWatson.

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COMMITTEEiiSUBSTITUTE
SENATE BILL 451 ON SECOND READING

On motion of Senator VanideiPutte and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi451 at this time on its second reading:

CSSB 451, Relating to staff development requirements in public schools.

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

All Members are deemed to have voted "Yea" on the passage to engrossment.

COMMITTEEiiSUBSTITUTE
SENATE BILL 451 ON THIRD READING

Senator VanideiPutte moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi451 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi30, Naysi1.

Nays:iiWentworth.

Reason for Vote

Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule:

I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider CSSBi451, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on CSSBi451 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct.

/s/Jeff Wentworth

Senator, District 25

The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.

COMMITTEEiiSUBSTITUTE
SENATE BILL 298 ON THIRD READING

Senator Carona moved to suspend the regular order of business to take up for consideration CSSBi298 at this time on its third reading and final passage:

788 81st Legislature — Regular Session 30th Day


CSSB 298, Relating to the authority of the Department of Public Safety of the State of Texas and certain local law enforcement agencies to establish a checkpoint on a highway or street to determine whether persons are driving while intoxicated.

The motion prevailed by the following vote:iiYeasi20, Naysi10.

Yeas:iiAveritt, Carona, Davis, Duncan, Ellis, Fraser, Harris, Huffman, Lucio, Nelson, Nichols, Patrick, Seliger, Shapiro, Shapleigh, VanideiPutte, Watson, Wentworth, West, Zaffirini.

Nays:iiEltife, Estes, Gallegos, Hegar, Hinojosa, Jackson, Ogden, Uresti, Whitmire, Williams.

Absent:iiDeuell.

The bill was read third time and was passed by the following vote:iiYeasi20, Naysi11.

Yeas:iiAveritt, Carona, Davis, Duncan, Ellis, Fraser, Harris, Huffman, Lucio, Nelson, Nichols, Patrick, Seliger, Shapiro, Shapleigh, VanideiPutte, Watson, Wentworth, West, Zaffirini.

Nays:iiDeuell, Eltife, Estes, Gallegos, Hegar, Hinojosa, Jackson, Ogden, Uresti, Whitmire, Williams.

RESOLUTIONS SIGNED

The President Pro Tempore announced the signing of the following enrolled resolutions in the presence of the Senate:iiSCRi37, SCRi50.

SENATE RULE 11.13 SUSPENDED

(Consideration of Bills in Committees)

On motion of Senator Williams and by unanimous consent, Senate Rule 11.13 was suspended to grant all committees permission to meet while the Senate was meeting today.

REPORT OF COMMITTEE ON NOMINATIONS

Senator Jackson submitted the following report from the Committee on Nominations:

We, your Committee on Nominations, to which were referred the following appointments, have had same under consideration and report them back to the Senate with a recommendation that they be confirmed:

Presiding Officer, Board of Directors, Alamo Regional Mobility Authority:iiWilliam E. "Bill" Thornton, Bexar County.

Members, Board of Tax Professional Examiners:iiJames E. "Jim" Childers, Randall County; Pollard Hickman "Fourth" Coates IV, Bandera County; Linda Lowes Hatchel, McLennan County; Steven B. Mossman, Denton County; Dorye Kristeen "Kristy" Roe, Brazos County.

Presiding Officer, Board of Directors, Cameron County Regional Mobility Authority:iiDavid E. Allex, Cameron County.

Tuesday, March 31, 2009 SENATE JOURNAL 789


Presiding Officer, Board of Directors, Camino Real Regional Mobility Authority:iiHarold W. Hahn, El Paso County.

Member, Executive Council of Physical Therapy and Occupational Therapy Examiners:iiArthur Roger Matson, Williamson County.

Members, Finance Commission of Texas:iiDarby Ray Byrd, Sr., Orange County; Riley Couch, Collin County; Stacy G. London, Harris County; Paul Plunket, Dallas County.

Presiding Officer, Board of Directors, Grayson County Regional Mobility Authority:iiRaymond Jerdy "Jerdy" Gary, Grayson County.

Presiding Officer, Board of Directors, Hidalgo County Regional Mobility Authority:iiDennis Burleson, Hidalgo County.

Director, Board of Directors, North Texas Tollway Authority:iiRobert Kelly Shepard, Parker County.

Presiding Officer, Board of Directors, Northeast Texas Regional Mobility Authority:iiJeff Austin III, Smith County.

Member, School Land Board:iiDavid Schauff Herrmann, Bexar County.

Members, State Board of Veterinary Medical Examiners:iiJohn David Clader, D.V.M., Atascosa County; David R. Kercheval, Johnson County; David W. Rosberg,iJr., D.V.M., Mason County.

Members, Policy Committee, State Employee Charitable Campaign:iiDeryl S. Creekmur, Williamson County; Gay Dodson, Williamson County; Veronda L. Durden, Williamson County; Jason Kevin Patteson, Hays County.

Members, State Securities Board:iiBeth Ann Blackwood, Dallas County; E.iWally Kinney, Hays County; Derrick Maurice Mitchell, Harris County.

Presiding Officer, Board of Directors, Sulphur River Regional Mobility Authority:iiDonald Ray Wall, Lamar County.

Members, Texas Commission of Licensing and Regulation:iiMike Arismendez,iJr., Lubbock County; LuAnn Morgan, Midland County; Fred N. Moses, Collin County; Deborah Ann Yurco, Travis County.

Members, Texas Higher Education Coordinating Board:iiFred W. Heldenfels IV, Travis County; Brenda Pejovich, Dallas County; Robert Vernon Wingo, El Paso County.

Trustees, Board of Trustees, Texas Municipal Retirement System:iiBen Gorzell,iJr., Bexar County; Carolyn M. Linér, Hays County; April Nixon, Tarrant County; H.iFrank Simpson, Fort Bend County.

Members, Texas State Board of Podiatric Medical Examiners:iiJames Michael Lunsford, Waller County; Joe E. Martin, Jr., Brazos County; James Michael "Mike" Miller, Parker County.

790 81st Legislature — Regular Session 30th Day


Members, Board of Regents, The University of Texas System:iiJames D. Dannenbaum, P.E., Harris County; Paul Foster, El Paso County; Printice L. Gary, Dallas County; Robert Steven Hicks, Travis County; James R. Huffines, Travis County; Janiece M. Longoria, Harris County; William Eugene "Gene" Powell, Bexar County; Robert Lee Stillwell, Harris County.

NOTICE OF CONSIDERATION OF NOMINATIONS

Senator Jackson gave notice that he would tomorrow at the conclusion of morning call submit to the Senate for consideration nominations to agencies, boards, and commissions of the state.

SENATE RULE 11.10(a) SUSPENDED

(Public Notice of Committee Meetings)

On motion of Senator Estes and by unanimous consent, Senate Rule 11.10(a) was suspended in order that the Committee on Agriculture and Rural Affairs might meet today.

MOTION TO ADJOURN

On motion of Senator Whitmire and by unanimous consent, the Senate at 12:40ip.m. agreed to adjourn, in memory of Jack Lewis, father of former Speaker of the House of Representatives Gibson Lewis, upon completion of the introduction of bills and resolutions on first reading, until 11:00 a.m. tomorrow.

RECESS

On motion of Senator Whitmire, the Senate at 12:41 p.m. recessed until 4:00ip.m. today.

AFTER RECESS

The Senate met at 4:05 p.m. and came to order.

SENATE BILLS AND RESOLUTIONS ON FIRST READING

The following bills and resolutions, filed on or before Friday, March 13, 2009, were introduced, read first time, and referred to the committees indicated:

SB 2068 by Davis

Relating to the creation of the Kennedale TownCenter Development District; providing authority to impose a tax and issue bonds.

To Committee on Intergovernmental Relations.

SB 2203 by Uresti

Relating to the qualifications of surgical technologists; imposing penalties.

To Committee on Health and Human Services.

SB 2204 by Shapiro

Relating to the enhancement of services for certain students with autism or autism spectrum disorder and training and support for educators who serve students with autism.

To Committee on Education.

Tuesday, March 31, 2009 SENATE JOURNAL 791


SB 2205 by Van de Putte

Relating to health benefit plan coverage for certain amino acid-based elemental formulas.

To Committee on State Affairs.

SB 2206 by Van de Putte

Relating to certification of an educator in Texas who is certified in another state or country.

To Committee on Education.

SB 2207 by Hinojosa

Relating to retirement qualifications for appellate judges.

To Committee on State Affairs.

SB 2208 by Hinojosa

Relating to the purchase, donation, and sale of promotional items by the Texas Water Development Board.

To Committee on Natural Resources.

SB 2209 by Hinojosa

Relating to applications regarding the issuance of private activity bonds by certain governmental entities for projects with multiple sites.

To Committee on Intergovernmental Relations.

SB 2210 by West

Relating to the formula funding for public institutions of higher education for certain credit hours that do not count toward a degree.

To Committee on Higher Education.

SB 2211 by West

Relating to enrollment requirements for the operation of the University of North Texas at Dallas as a general academic teaching institution and the issuance of bonds for that institution.

To Committee on Higher Education.

SB 2212 by Lucio

Relating to authorizing an emergency services district to impose an ad valorem tax for the acquisition of land, equipment, or apparatus or the construction of capital improvements.

To Committee on Finance.

SB 2213 by Lucio

Relating to the imposition by an emergency services district of an impact fee on new development to be used for capital improvements and equipment.

To Committee on Intergovernmental Relations.

SB 2214 by Ellis

Relating to a fee imposed on foreclosure filings to fund civil legal services to indigent Texans.

To Committee on Jurisprudence.

792 81st Legislature — Regular Session 30th Day


SB 2215 by Ellis

Relating to the regulation of the storage of coal ash.

To Committee on Natural Resources.

SB 2216 by Ellis

Relating to prohibition of certain insurance discrimination.

To Committee on State Affairs.

SB 2217 by Ellis

Relating to the creation of an additional judicial district composed of Harris County and the preference given by the district court to domestic violence cases.

To Committee on Jurisprudence.

SB 2218 by Ellis

Relating to certain criminal penalties and civil consequences for defendants convicted of an offense of graffiti and for juveniles adjudicated as having engaged in conduct involving graffiti.

To Committee on Criminal Justice.

SB 2219 by Ellis

Relating to the authority of a municipality to impose a civil penalty on the owner of certain motor vehicles parked on a highway under the jurisdiction of the municipality that do not display a valid registration insignia or inspection certificate.

To Committee on Transportation and Homeland Security.

SB 2220 by Lucio

Relating to school bus safety.

To Committee on Education.

SB 2221 by Carona

Relating to the eligibility of certain criminal defendants for an order of nondisclosure.

To Committee on Jurisprudence.

SB 2222 by Van de Putte

Relating to authorizing the creation of regional military sustainability commissions around military installations and requiring certain property disclosures.

To Committee on Veteran Affairs and Military Installations.

SB 2223 by Van de Putte

Relating to allowing a municipality to create a defense base regulatory authority.

To Committee on Veteran Affairs and Military Installations.

SB 2224 by West

Relating to orders of nondisclosure for the records of children convicted of certain offenses punishable by fine only.

To Committee on Jurisprudence.

SB 2226 by Duncan

Relating to filling vacancies in appellate judicial offices by appointment, partisan elections for all judicial offices, and nonpartisan elections for the retention or rejection for all judicial offices.

To Committee on State Affairs.

Tuesday, March 31, 2009 SENATE JOURNAL 793


SB 2227 by Averitt

Relating to authorizing the issuance of bonds for the reimbursement of the cost of public improvements located in public improvement districts in certain counties.

To Committee on Intergovernmental Relations.

SB 2228 by Averitt

Relating to the transfer of certain state property from the Texas Department of Criminal Justice to Coryell County.

To Committee on Criminal Justice.

SB 2229 by Averitt

Relating to the creation of a county court at law in Bosque County and the composition of the Bosque, Comanche, and Hamilton Counties juvenile board.

To Committee on Jurisprudence.

SB 2230 by Averitt

Relating to the jurisdiction and operation of the district courts in McLennan County.

To Committee on Jurisprudence.

SB 2231 by Averitt

Relating to the authority to establish, operate, and maintain a foreign trade zone and subzones in Ellis County.

To Committee on International Relations and Trade.

SB 2232 by Averitt

Relating to the Texas Alcoholic Beverage Commission's authority to regulate certain nonalcoholic beverage business activities.

To Committee on Business and Commerce.

SB 2233 by Eltife

Relating to the regulation of debt management services providers; providing a penalty.

To Committee on Business and Commerce.

SB 2234 by Whitmire

Relating to hearings under the Texas Education Code.

To Committee on Education.

SB 2235 by Seliger

Relating to the definition of "operator" in relation to the regulation of a solid waste facility.

To Committee on Natural Resources.

SB 2236 by Seliger

Relating to exempting electric cooperatives and their subsidiaries that store natural gas underground and offer or provide gas storage services to the public for hire from status as a gas utility, public utility, common carrier, or common purchaser.

To Committee on Natural Resources.

SB 2237 by Seliger

Relating to authorizing the issuance of revenue bonds for a medical education building for the Texas Tech University Health Sciences Center.

To Committee on Finance.

794 81st Legislature — Regular Session 30th Day


SB 2238 by Zaffirini

Relating to revenue and expenses of certain financial regulatory agencies.

To Committee on Business and Commerce.

SB 2239 by Zaffirini

Relating to the forensic medical examination of a sexual assault victim who has not reported the assault to a law enforcement agency.

To Committee on Criminal Justice.

SB 2240 by Zaffirini

Relating to the financing of educational facilities by higher education authorities and the governance of certain higher education authorities.

To Committee on Finance.

SB 2241 by Zaffirini

Relating to a Medicaid hospital level of care waiver program for certain medically fragile individuals.

To Committee on Health and Human Services.

SB 2242 by Zaffirini

Relating to disclosure reports filed with the Texas Ethics Commission concerning political contributions and expenditures made in connection with offices of and measures proposed by local governmental entities.

To Committee on State Affairs.

SB 2243 by Zaffirini

Relating to the repayment of certain education loans for licensed physicians and dentists.

To Committee on Higher Education.

SB 2244 by Zaffirini

Relating to the eligibility of employees of certain businesses or organizations established as part of the state's economic development program and of dependents of those employees to pay resident tuition at public institutions of higher education.

To Committee on Higher Education.

SB 2245 by Zaffirini

Relating to eliminating certain reporting requirements of university systems and institutions of higher education.

To Committee on Higher Education.

SB 2246 by Zaffirini

Relating to eligibility requirements for the tuition equalization grant program.

To Committee on Higher Education.

SB 2247 by Zaffirini

Relating to the use of pro re nata psychoactive medications in certain residential health care facilities.

To Committee on Health and Human Services.

Tuesday, March 31, 2009 SENATE JOURNAL 795


SB 2248 by Zaffirini

Relating to public school students placed in foster care.

To Committee on Education.

SB 2249 by Zaffirini

Relating to a certification program for teachers of students with visual impairments.

To Committee on Education.

SB 2250 by Zaffirini

Relating to the Karnes County Hospital District.

To Committee on Intergovernmental Relations.

SB 2251 by Zaffirini

Relating to a Tejano memorial monument on the Capitol grounds.

To Committee on Administration.

SB 2252 by Zaffirini

Relating to service creditable in the Judicial Retirement System of Texas Plan Two.

To Committee on State Affairs.

SB 2253 by Zaffirini

Relating to the authority of certain municipalities and counties to regulate subdivisions near an international border.

To Committee on International Relations and Trade.

SB 2254 by Zaffirini

Relating to the exercise of urban renewal powers by certain counties.

To Committee on Intergovernmental Relations.

SB 2255 by Zaffirini

Relating to allowing multiple methods of voting at the same polling place.

To Committee on State Affairs.

SB 2256 by Zaffirini, Van de Putte

Relating to the establishment and operation of the Texas Women Veterans Program.

To Committee on Veteran Affairs and Military Installations.

SB 2257 by Zaffirini

Relating to the exemption of certain counties from gasoline and diesel fuel taxes.

To Committee on Finance.

SB 2258 by Zaffirini

Relating to intensive summer programs for public school students and to college readiness programs at public institutions of higher education.

To Committee on Education.

SB 2259 by Zaffirini

Relating to the determination of resident status of students by public institutions of higher education.

To Committee on Higher Education.

796 81st Legislature — Regular Session 30th Day


SB 2260 by Zaffirini

Relating to the licensing and regulation of post-acute care traumatic brain injury rehabilitation facilities; providing penalties.

To Committee on Health and Human Services.

SB 2261 by Zaffirini

Relating to the proof of identity and residency required of an applicant for a driver's license or personal identification certificate.

To Committee on Transportation and Homeland Security.

SB 2262 by Zaffirini

Relating to the administration of mathematics, science, and technology teacher preparation academies at institutions of higher education.

To Committee on Higher Education.

SB 2263 by Williams

Relating to participation and credit in, contributions to, benefits from, and administration of the Texas County and District Retirement System.

To Committee on State Affairs.

SB 2264 by Gallegos

Relating to the provision of a community telephone emergency notification system as part of the 9-1-1 system.

To Subcommittee on Flooding and Evacuations.

SB 2265 by Gallegos

Relating to the disciplinary suspension or demotion of a firefighter or police officer under municipal civil service.

To Committee on Intergovernmental Relations.

SB 2266 by Gallegos

Relating to standards for installing fire hydrants in certain residential areas.

To Committee on Natural Resources.

SB 2267 by Gallegos

Relating to eligibility for an award through the Early High School Graduation Scholarship program.

To Committee on Higher Education.

SB 2268 by Gallegos

Relating to the issuance of an alcoholic beverage license or permit in good faith reliance on a governmental error.

To Committee on Business and Commerce.

SB 2269 by Gallegos

Relating to the use of historically underutilized businesses by utilities.

To Committee on Business and Commerce.

SB 2270 by Gallegos

Relating to consideration of mitigating factors in determining appropriate disciplinary action to be taken against a public school student.

To Committee on Education.

Tuesday, March 31, 2009 SENATE JOURNAL 797


SB 2271 by Gallegos

Relating to the use of historically underutilized businesses by utilities.

To Committee on Business and Commerce.

SB 2272 by Jackson

Relating to a lender's release of insurance proceeds.

To Committee on Business and Commerce.

SB 2273 by Seliger

Relating to certain reporting duties of the attorney general.

To Committee on Health and Human Services.

SB 2274 by Seliger

Relating to the authority of a school district to impose ad valorem taxes.

To Committee on Finance.

SB 2275 by Seliger, Averitt, Ellis, Wentworth

Relating to the adoption of the public school curriculum and textbooks; transferring authority from the State Board of Education to the commissioner of education.

To Committee on Education.

SB 2276 by Ellis

Related to parole board rules regarding inmates claiming actual innocence.

To Committee on Criminal Justice.

SB 2277 by Ellis

Relating to authorizing certain state agencies to provide student loan repayment assistance to attorneys.

To Committee on Administration.

SB 2278 by Ellis

Relating to charity care provided by certain nonprofit hospitals.

To Committee on Health and Human Services.

SB 2279 by Ellis

Relating to the dedication of certain civil penalties for violations of the Business & Commerce Code to provide civil legal services to the indigent.

To Committee on Jurisprudence.

SB 2280 by Ellis

Relating to the creation of the Reentry Policy Council to review corrections policies, programs, and procedures for inmates released into the community.

To Committee on Criminal Justice.

SB 2281 by Ellis

Relating to the creation of a public defender subaccount in the fair defense account of the general revenue fund.

To Committee on Finance.

SB 2282 by Ellis

Relating to creating an offense for engaging in certain conduct relating to cockfighting and to the criminal and civil consequences of committing that offense.

To Committee on Criminal Justice.

798 81st Legislature — Regular Session 30th Day


SB 2283 by Lucio

Relating to the use of the state participation account of the water development fund.

To Committee on Natural Resources.

SB 2284 by Lucio

Relating to the issuance of grants by the Texas Water Development Board for water and wastewater system improvements in economically distressed areas.

To Committee on International Relations and Trade.

SB 2285 by Lucio

Relating to financial assistance by the Texas Water Development Board for the connection of residences in economically distressed areas to public water supply and sanitary sewer systems.

To Committee on International Relations and Trade.

SB 2286 by Lucio

Relating to the issuance of additional state general obligation bonds and notes to provide financial assistance to counties for roadway projects to serve border colonias.

To Committee on International Relations and Trade.

SB 2287 by Lucio

Relating to the creation of the small municipality and rural area housing development fund.

To Committee on International Relations and Trade.

SB 2288 by Lucio

Relating to the provision of affordable housing in this state.

To Committee on International Relations and Trade.

SB 2289 by Lucio

Relating to the housing trust fund and the issuance of general obligation bonds by the Texas Department of Housing and Community Affairs to provide money for the fund.

To Committee on Finance.

SB 2290 by Lucio

Relating to providing housing assistance to rural communities and small municipalities.

To Committee on International Relations and Trade.

SB 2291 by Lucio

Relating to the creation and support of community development corporations by the Texas Department of Housing and Community Affairs.

To Committee on International Relations and Trade.

SB 2292 by Lucio

Relating to the establishment of a natural disaster housing reconstruction initiative.

To Committee on International Relations and Trade.

SB 2293 by Lucio

Relating to the provision of accounting statements by a seller who finances the sale of residential real property owned by the seller; providing a civil penalty.

To Committee on Business and Commerce.

Tuesday, March 31, 2009 SENATE JOURNAL 799


SB 2294 by Lucio

Relating to the administration and allocation of private activity bonds.

To Committee on Finance.

SB 2295 by Lucio

Relating to the minimum change interval at an intersection at which a photographic traffic monitoring system is in use.

To Committee on Transportation and Homeland Security.

SB 2296 by Duncan

Relating to the timing of submittal of groundwater management plans.

To Committee on Natural Resources.

SB 2297 by Watson

Relating to service of process for delinquent taxes on a nonresident.

To Committee on Jurisprudence.

SB 2298 by Watson

Relating to compensation of certain state employees.

To Committee on Government Organization.

SB 2299 by Williams

Relating to registration and regulation of certain discount health care programs.

To Committee on Health and Human Services.

SB 2300 by Williams

Relating to the exclusion of certain flow-through funds in determining total revenue for purposes of the franchise tax.

To Committee on Finance.

SB 2301 by Williams

Relating to the calculation of the ad valorem rollback tax rates of certain taxing units.

To Committee on Finance.

SB 2302 by Williams

Relating to the payment in installments of ad valorem taxes on certain property owned by a business entity and located in a disaster area.

To Committee on Finance.

SB 2303 by Williams

Relating to the procedure for claiming an exemption from ad valorem taxation for a motor vehicle used for the production of income and for personal activities.

To Committee on Finance.

SB 2304 by Williams

Relating to hazardous duty pay for correctional officers employed by the Texas Department of Criminal Justice.

To Committee on Criminal Justice.

SB 2305 by Williams

Relating to the sales tax treatment of a fundraising sale by a qualified organization.

To Committee on Finance.

800 81st Legislature — Regular Session 30th Day


SB 2306 by Williams

Relating to rates and methods of depreciation applied to a retired class of property for regulated water utilities.

To Committee on Natural Resources.

SB 2307 by Williams

Relating to the preservation and maintenance of the governor's mansion.

To Committee on Administration.

SB 2308 by Gallegos

Relating to the use of discretionary funds raised by public school campuses.

To Committee on Education.

SB 2309 by Whitmire

Relating to certain personnel policies of the Texas Department of Criminal Justice and to certain related duties of the Texas Board of Criminal Justice.

To Committee on Criminal Justice.

SB 2310 by Averitt

Relating to the transfer of funds to the water infrastructure fund from the economic stabilization fund.

To Committee on Finance.

SB 2311 by Averitt

Relating to Texas Water Development Board surveys for water infrastructure financing.

To Committee on Natural Resources.

SB 2312 by Averitt

Relating to eligibility for funds from the water infrastructure fund from the Texas Water Development Board.

To Committee on Natural Resources.

SB 2313 by Averitt

Relating to the creation of the water plan projects fund to assist the Texas Water Development Board in the funding of certain projects identified in the state and regional water plans.

To Committee on Natural Resources.

SB 2314 by Averitt

Relating to the administration of the Clean Water State Revolving Fund and the Drinking Water State Revolving Fund.

To Committee on Natural Resources.

SB 2315 by Averitt

Relating to water audits by retail public utilities.

To Committee on Natural Resources.

SB 2316 by Averitt

Relating to the annual water quality fee for wastewater discharge permit holders and water right users through permit or contract.

To Committee on Natural Resources.

Tuesday, March 31, 2009 SENATE JOURNAL 801


SB 2317 by Averitt

Relating to the composition, duties, and expenses of certain entities created to study and provide advice regarding environmental flows.

To Committee on Natural Resources.

SB 2318 by Averitt

Relating to the use and management of surface water resources.

To Committee on Natural Resources.

SB 2319 by Averitt

Relating to the creation of a groundwater conservation district in a priority groundwater management area.

To Committee on Natural Resources.

SB 2320 by Averitt

Relating to the authority of a groundwater conservation district to assess production fees.

To Committee on Natural Resources.

SB 2321 by Averitt

Relating to the management of groundwater resources in the state.

To Committee on Natural Resources.

SB 2322 by Duncan

Relating to plan provisions required for maintaining retirement plan qualification for the Teacher Retirement System of Texas.

To Committee on State Affairs.

SB 2323 by Carona

Relating to the functions of the Texas School Safety Center and safety at public educational institutions.

To Committee on Education.

SB 2324 by Duncan

Relating to the classification of certain types of marital property in regards to claims for payment of a criminal restitution judgment.

To Committee on State Affairs.

SB 2325 by Hinojosa

Relating to the confidentiality of certain information pertaining to the State Commission on Judicial Conduct.

To Committee on Jurisprudence.

SB 2326 by Hegar

Relating to the sale, recovery, and recycling of certain television equipment; providing administrative penalties.

To Committee on Natural Resources.

802 81st Legislature — Regular Session 30th Day


SB 2327 by Hegar

Relating to a prohibition on the possession or smoking of a burning tobacco product in certain motor vehicles in which a person younger than 16 is present; providing a penalty.

To Committee on Criminal Justice.

SB 2328 by Hegar

Relating to the development of environmental flow regimes by the Environmental Flows Advisory Group and Texas Commission on Environmental Quality.

To Committee on Natural Resources.

SB 2329 by Hegar

Relating to the abolition of the Edwards Aquifer Legislative Oversight Committee.

To Committee on Natural Resources.

SB 2330 by West

Relating to maintaining county funding levels provided to the offices of certain prosecutors.

To Committee on Intergovernmental Relations.

SB 2331 by West

Relating to the establishment of the Texas power source fund.

To Committee on Finance.

SB 2332 by Duncan

Relating to the regulation of preferred provider benefit plans regarding network adequacy, contracting and reimbursement activities.

To Committee on State Affairs.

SB 2333 by Lucio

Relating to the marketing of shrimp and aquaculture products.

To Committee on Agriculture and Rural Affairs.

SB 2334 by Lucio, Hinojosa

Relating to a county's eligibility to receive state assistance for health care expenditures that exceed eight percent of the county's general revenue levy for the year.

To Committee on Health and Human Services.

SB 2335 by Patrick

Relating to auditing procedures and authority relating to county education departments in certain populous counties.

To Committee on Intergovernmental Relations.

SB 2336 by Patrick

Relating to the powers and duties of the Texas Medical Board and the creation of a commission to advise the board.

To Committee on Health and Human Services.

Tuesday, March 31, 2009 SENATE JOURNAL 803


SB 2337 by Whitmire

Relating to procedures for applications for writs of habeas corpus based on scientific evidence establishing the innocence of a criminal defendant.

To Committee on Criminal Justice.

SB 2338 by Shapiro

Relating to the creation, operations and financing of tax increment reinvestment zones.

To Committee on Economic Development.

SB 2339 by Shapiro

Relating to the regulation of discount health care programs by the Texas Department of Insurance; providing penalties.

To Committee on Health and Human Services.

SB 2340 by Averitt

Relating to the electronic monitoring of certain defendants as an alternative to confinement.

To Committee on Criminal Justice.

SB 2341 by Averitt

Relating to authorizing individuals to leave certain permitted premises and other areas with alcoholic beverages.

To Committee on Business and Commerce.

SB 2342 by Averitt

Relating to the regulation of certain insurers.

To Committee on Business and Commerce.

SB 2343 by Uresti

Relating to the salary paid to certain professional employees of public schools.

To Committee on Education.

SB 2344 by Uresti

Relating to examination requirements in certain guardianship matters concerning persons with mental retardation.

To Committee on Jurisprudence.

SB 2345 by Uresti

Relating to county regulation of sound levels; providing a criminal penalty.

To Committee on Intergovernmental Relations.

SB 2346 by Hinojosa

Relating to delegation by a physician of certain cosmetic and dermatological medical treatments.

To Committee on Health and Human Services.

SB 2347 by Hinojosa

Relating to the establishment of a laser and intense pulsed light device registry; providing a civil penalty.

To Committee on Health and Human Services.

804 81st Legislature — Regular Session 30th Day


SB 2348 by Ogden

Relating to the composition and appointment of the board of directors of a corporation to which the board of regents of The University of Texas System delegates investment authority for the permanent university fund or other funds under the control of the board of regents, and to the administration of that corporation.

To Committee on Higher Education.

SB 2349 by Ogden

Relating to distributed generation of electric power.

To Committee on Business and Commerce.

SB 2350 by Ogden

Relating to the payment of cy pres funds in an action by the attorney general.

To Committee on Finance.

SB 2351 by Ogden

Relating to limiting increases in a student health services fee at Texas A&M University-College Station, and to authorizing the financing, construction, maintenance and improvement of health facilities with a student health services fee at a component institution of the Texas A&M University System.

To Committee on Higher Education.

SB 2352 by Estes

Relating to marriage education courses for certain couples filing for divorce on the grounds of insupportability.

To Committee on Jurisprudence.

SB 2353 by Ogden

Relating to improving efficiency in state government and reducing state government spending.

To Committee on Finance.

SB 2354 by Ogden

Relating to ensuring that Texas state government has sufficient general law authority to apply for and receive the maximum amount of federal funds available under the American Recovery and Reinvestment Act of 2009 and any subsequent federal economic stimulus legislation that may make funds available to this state during the current or during the next state fiscal biennium.

To Committee on Finance.

SB 2355 by Hinojosa

Relating to the creation of the pipeline safety fund.

To Committee on Finance.

SB 2356 by Whitmire

Relating to procedures applicable to the provision of special education services to public school students.

To Committee on Education.

Tuesday, March 31, 2009 SENATE JOURNAL 805


SB 2357 by Gallegos

Relating to the curriculum that must be provided by a disciplinary alternative education program.

To Committee on Education.

SB 2358 by Gallegos

Relating to the guaranteed benefits of a public school educator.

To Committee on Education.

SB 2359 by Gallegos

Relating to restrictions on the location of certain sex offenders and to notice reflecting that location.

To Committee on Criminal Justice.

SB 2360 by Ellis

Relating to reducing state school commitments and increasing community services for persons with mental retardation.

To Committee on Health and Human Services.

SB 2361 by Ellis

Relating to the operation of certain three-wheeled vehicles in this state.

To Committee on Transportation and Homeland Security.

SB 2362 by Ellis

Relating to an award of attorney's fees to a prevailing property owner in a property tax dispute resolved by binding arbitration.

To Committee on Finance.

SB 2363 by Ellis

Relating to the award of attorney's fees to a property owner who prevails in a property tax appeal.

To Committee on Finance.

SB 2364 by Ellis

Relating to good cause for rescheduling a hearing by an appraisal review board.

To Committee on Finance.

SB 2365 by Ellis

Relating to certain individuals entitled to notice from an appraisal district.

To Committee on Finance.

SB 2366 by Ellis

Relating to incorrect or unequal appraised value of a property.

To Committee on Finance.

SB 2367 by Uresti

Relating to an annual report by the Border Security Council regarding criminal street gangs and expanding gang prevention efforts.

To Committee on Transportation and Homeland Security.

806 81st Legislature — Regular Session 30th Day


SB 2368 by Uresti

Relating to monetary assistance for substitute care provided to a child by a relative caregiver.

To Committee on Health and Human Services.

SB 2369 by Uresti

Relating to a preference for road construction bids that provide for the use of rubberized asphalt paving material.

To Committee on Transportation and Homeland Security.

SB 2370 by Uresti

Relating to eligibility of certain dependents for health insurance coverage.

To Committee on State Affairs.

SB 2371 by Carona

Relating to the naming of the Texas Department of Public Safety Garland Laboratory in Garland as the Representative Fred Hill Center for Forensic Analysis.

To Committee on Transportation and Homeland Security.

SB 2372 by Ellis

Relating to property and evidence technicians.

To Committee on Criminal Justice.

SB 2373 by Van de Putte

Relating to the licensing and regulation of certain journeyman and apprentice sheet metal workers.

To Committee on Business and Commerce.

SB 2374 by Van de Putte

Relating to state assistance to fund public school instructional facilities in fast-growing school districts.

To Committee on Education.

SB 2375 by Lucio

Relating to the number of students eligible to participate in a special education program who may be enrolled in a foundation curriculum course.

To Committee on Education.

SB 2376 by Lucio

Relating to the change of the name of Texas A&M University–Kingsville to Texas A&I University.

To Committee on Higher Education.

SB 2377 by Nichols

Relating to engineering and design contracts for the Texas Department of Transportation.

To Committee on Transportation and Homeland Security.

SB 2378 by Nichols

Relating to the purposes and designation of a transportation reinvestment zone.

To Committee on Transportation and Homeland Security.

Tuesday, March 31, 2009 SENATE JOURNAL 807


SB 2379 by Jackson

Relating to responsibility and criminal penalties for certain violations committed by commercial oyster boat crews.

To Committee on Agriculture and Rural Affairs.

SB 2380 by Jackson

Relating to contracts for the disposal of dredged material from a portion of the Gulf Coast Intracoastal Waterway.

To Committee on Natural Resources.

SB 2381 by West

Relating to the fee charged for the master bidders list.

To Committee on Government Organization.

SB 2382 by Shapleigh

Relating to the implementation by the comptroller of a low-emission vehicle program for the state vehicle fleet.

To Committee on Natural Resources.

SB 2383 by Shapleigh

Relating to universal health coverage for Texans.

To Committee on State Affairs.

SB 2384 by Shapleigh

Relating to children's exposure to area-wide soil contamination.

To Committee on Natural Resources.

SB 2385 by Shapleigh

Relating to information regarding the relative or designated caregivers for a child in the managing conservatorship of the state.

To Committee on Jurisprudence.

SB 2386 by Harris

Relating to the designation of the Diamond Interchange.

To Committee on Transportation and Homeland Security.

SB 2387 by Harris

Relating to regulation of certain credit transactions and lenders.

To Committee on Business and Commerce.

SB 2388 by Lucio

Relating to the use of municipal hotel occupancy taxes for ecological tourism events.

To Committee on Economic Development.

SB 2389 by Nichols

Relating to physician staffing requirements for hospitals.

To Committee on Health and Human Services.

SB 2390 by Shapleigh

Relating to the physician licensing requirements for foreign medical graduates.

To Committee on Health and Human Services.

808 81st Legislature — Regular Session 30th Day


SB 2391 by Shapleigh

Relating to the management and control of utility system.

To Committee on International Relations and Trade.

SB 2392 by Shapiro, Ogden

Relating to public school finance.

To Committee on Education.

SB 2393 by Gallegos

Relating to the creation of a statewide autism spectrum disorders resource program.

To Committee on Health and Human Services.

SB 2394 by Gallegos

Relating to criminal offenses applicable to gambling and gambling devices.

To Committee on State Affairs.

SB 2395 by Nelson

Relating to the timing of a referendum election to continue a fire control, prevention, and emergency medical services district.

To Committee on Intergovernmental Relations.

SB 2396 by Nelson

Relating to the repeal of obsolete or redundant reporting requirements of health and human services agencies.

To Committee on Health and Human Services.

SB 2397 by Nelson

Relating to the licensing and regulation of physicians, physician assistants, acupuncturists, and surgical assistants.

To Committee on Health and Human Services.

SB 2398 by Nelson

Relating to the powers and duties of the Texas Medical Board.

To Committee on Health and Human Services.

SB 2399 by Duncan

Relating to the authority of a political subdivision other than a county to change the date of its general election.

To Committee on State Affairs.

SB 2400 by Averitt

Relating to a prevailing wage survey conducted under an interlocal agreement between two or more political subdivisions of the state.

To Committee on Intergovernmental Relations.

SB 2401 by Davis

Relating to detecting and repairing leakage from natural gas pipelines.

To Committee on Natural Resources.

SB 2402 by Davis

Relating to the authority of certain counties to regulate the exploration for and development and production of natural gas; providing a penalty.

To Committee on Natural Resources.

Tuesday, March 31, 2009 SENATE JOURNAL 809


SB 2403 by Davis

Relating to making a voluntary contribution to the fund for veterans' assistance when registering a motor vehicle.

To Committee on Finance.

SB 2404 by Zaffirini

Relating to certain agreements between insurers, policyholders, and motor vehicle storage persons or facilities.

To Committee on Business and Commerce.

SB 2405 by Zaffirini

Relating to a pilot program to expand access to career and technical education partnerships in rural areas.

To Committee on Agriculture and Rural Affairs.

SB 2406 by Zaffirini

Relating to additional compensation for certain state employees.

To Committee on Administration.

SB 2407 by Zaffirini

Relating to the provision of services to individuals with mental retardation.

To Committee on Finance.

SB 2408 by Ellis

Relating to the authority of certain school districts to maintain local control over wages, hours, and other terms and conditions of employment.

To Committee on Education.

SB 2409 by Lucio

Relating to the higher education fund and the allocation and distribution of certain constitutional revenues to The University of Texas at Brownsville.

To Committee on Finance.

SB 2410 by Deuell

Relating to the creation of the Twin Lakes Municipal Utility District No. 1 of Kaufman County; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

To Committee on Intergovernmental Relations.

SB 2411 by Deuell

Relating to the definition of a switchblade knife for purposes of the offense of prohibited weapons.

To Committee on Criminal Justice.

SB 2412 by Deuell

Relating to the authority of Las Lomas Municipal Utility District Nos. 3 and 4 of Kaufman County to undertake road projects.

To Committee on Intergovernmental Relations.

810 81st Legislature — Regular Session 30th Day


SB 2413 by Deuell

Relating to the authority of the Kaufman County Water Control and Improvement District No. 1 to undertake road projects.

To Committee on Intergovernmental Relations.

SB 2414 by Deuell

Relating to the regulation and practice of engineering.

To Committee on Business and Commerce.

SB 2415 by Deuell

Relating to license plates created by the Texas Department of Transportation for professional firefighters.

To Committee on Transportation and Homeland Security.

SB 2416 by Deuell

Relating to the authority of certain insurers to engage in the business of health insurance in this state.

To Committee on State Affairs.

SB 2417 by Deuell

Relating to the operation in certain counties of an integrated care management model under the Medicaid managed care program.

To Committee on Health and Human Services.

SB 2418 by Deuell

Relating to availability of professional liability insurance under a self-insurance trust for health care.

To Committee on State Affairs.

SB 2419 by Deuell

Relating to preventative treatment for state employees exposed to HIV while performing duties of employment.

To Committee on Health and Human Services.

SB 2420 by Deuell

Relating to the location at which a certification examination for interpreters for the deaf or hard of hearing may be conducted.

To Committee on Health and Human Services.

SB 2421 by Deuell

Relating to the confidentiality of newborn screening information.

To Committee on Health and Human Services.

SB 2422 by Deuell

Relating to the dispensing of drugs by physicians.

To Committee on Health and Human Services.

SB 2423 by Deuell

Relating to the definitions of a discount health care program and a discount care health care program operator.

To Committee on Health and Human Services.

Tuesday, March 31, 2009 SENATE JOURNAL 811


SB 2424 by Deuell

Relating to the authorization of certain nonemergency ambulance services under the Medicaid program.

To Committee on Health and Human Services.

SB 2425 by Deuell

Relating to the powers and duties of the Hopkins County Hospital District.

To Committee on Intergovernmental Relations.

SB 2426 by Deuell

Relating to the establishment of a laser and intense pulsed light device registry; providing a civil penalty.

To Committee on Health and Human Services.

SB 2427 by Deuell

Relating to delegation by a physician of certain cosmetic and dermatological medical treatments.

To Committee on Health and Human Services.

SB 2428 by Hinojosa

Relating to the use of Supplemental Environmental Projects to protect lands of significant natural resource and hazard mitigation value.

To Committee on Natural Resources.

SB 2429 by Zaffirini

Relating to the appraisal of property for ad valorem tax purposes.

To Committee on Finance.

SB 2430 by Davis

Relating to public school finance and certain limitations on the ad valorem tax rate of a school district.

To Committee on Education.

SB 2431 by Davis

Relating to excellence exemptions available to school districts.

To Committee on Education.

SB 2432 by Davis

Relating to the application to political subdivisions of this state of the law governing pooling of mineral interests.

To Committee on Natural Resources.

SB 2433 by Davis

Relating to condemnation of municipal property for and municipal regulation of pipeline operations.

To Committee on Natural Resources.

SB 2434 by Davis

Relating to the appointment of guardians ad litem in suits affecting the parent-child relationship.

To Committee on Jurisprudence.

812 81st Legislature — Regular Session 30th Day


SB 2435 by Uresti

Relating to medical assistance program reimbursement for guardianship expenses of certain recipients.

To Committee on Jurisprudence.

SB 2436 by Uresti

Relating to exemption from application of the Private Security Act of certain peace officers employed by a law enforcement agency.

To Committee on Criminal Justice.

SB 2437 by Uresti

Relating to the use by a metropolitan rapid transit authority of the construction manager-at-risk method for the construction, rehabilitation, alteration, or repair of a facility.

To Committee on Transportation and Homeland Security.

SB 2438 by Uresti

Relating to imposing a duty on a sheriff to report certain warrant or capias information to a national database.

To Committee on Criminal Justice.

SB 2439 by Uresti

Relating to granting certain local governments general zoning authority around certain military facilities; providing a penalty.

To Committee on Veteran Affairs and Military Installations.

SB 2440 by Uresti

Relating to providing an oversight mechanism for the Bexar Metropolitan Water District, including enforcement authority, and authorizing a dissolution election.

To Committee on Natural Resources.

SB 2441 by Uresti

Relating to the enforceability of covenants not to compete and to certain procedures and remedies in actions to enforce those covenants.

To Committee on Business and Commerce.

SB 2442 by Uresti

Relating to the exemption from ad valorem taxation of property owned by certain charitable organizations.

To Committee on Finance.

SB 2444 by Uresti

Relating to calculation of the net resources of a person ordered to pay child support.

To Committee on Jurisprudence.

SB 2445 by Uresti

Relating to the disposal of sewage by boats.

To Committee on Natural Resources.

Tuesday, March 31, 2009 SENATE JOURNAL 813


SB 2446 by Uresti, Van de Putte

Relating to the right of certain municipalities to maintain local control over wages, hours, and other terms and conditions of employment.

To Committee on Intergovernmental Relations.

SB 2447 by Uresti, Van de Putte

Relating to the right of certain counties to maintain local control over wages, hours, and other terms and conditions of employment.

To Committee on Intergovernmental Relations.

SCR 42 by Van de Putte

Renaming Building G at the Department of State Health Services Central Complex as the Dr. Robert Bernstein Building.

To Committee on Administration.

SCR 43 by Seliger

Granting Jimmy Glen Riemer, Richard Coon, Jr., June Meetze Coon Trust, Johnson Borger Ranch Partnership, and W. R. Edwards, Jr., permission to sue the State of Texas and the General Land Office.

To Committee on Jurisprudence.

SCR 45 by Ellis

Granting certain current and former residents of Texas state schools and state centers who have been injured as a result of their residency in those facilities, and the guardians or family members of those current and former residents, permission to sue the State of Texas and the Department of Aging and Disability Services.

To Committee on Jurisprudence.

SCR 46 by Hinojosa

Directing the Texas Department of State Health Services and the Texas Education Agency to educate parents of adolescent Texans regarding the importance of adolescents' receiving regular physical exams and updated immunizations.

To Committee on Health and Human Services.

SCR 47 by Hegar

Granting permission for Grandfather's Blind, Ltd., and Donner Properties to sue the State of Texas, General Land Office, and School Land Board.

To Committee on Jurisprudence.

SCR 48 by Van de Putte

Urging congress to repeal the Government Pension Offset and the Windfall Elimination Provision of the Social Security Act.

To Committee on State Affairs.

SCR 49 by Shapleigh

Certifying the state's intention to request and use all funds that may be available to the state under the American Recovery and Reinvestment Act of 2009.

To Committee on Finance.

814 81st Legislature — Regular Session 30th Day


SJR 36 by Duncan

Proposing a constitutional amendment to provide that the governor, and the lieutenant governor when acting as governor, retain executive authority unless the person becomes unavailable as provided by law.

To Committee on State Affairs.

SJR 37 by Van de Putte

Proposing a constitutional amendment authorizing the Veterans' Land Board to issue general obligation bonds in amounts equal to or less than amounts previously authorized.

To Committee on Veteran Affairs and Military Installations.

SJR 38 by Williams

Proposing a constitutional amendment to allow the Lamar Institute of Technology to participate in the allocation of certain constitutionally dedicated funds for capital improvements at agencies and institutions of higher education.

To Committee on Finance.

SJR 39 by Averitt

Proposing a constitutional amendment authorizing the issuance of general obligation bonds to provide and guarantee loans to encourage advanced clean energy projects.

To Committee on Finance.

SJR 40 by Patrick

Proposing a constitutional amendment relating to the right of freedom of conscience.

To Committee on State Affairs.

SJR 41 by Duncan

Proposing a constitutional amendment to replace the attorney general on the legislative redistricting board with the commissioner of agriculture.

To Committee on State Affairs.

SJR 42 by Duncan

Proposing a constitutional amendment to prohibit the taking of property for certain economic development purposes.

To Committee on State Affairs.

SJR 43 by Lucio

Proposing a constitutional amendment to authorize the imposition of an additional ad valorem tax for emergency services districts, subject to voter approval, at a rate not to exceed five cents for the acquisition of land, equipment, or apparatus or the construction of capital improvements.

To Committee on Finance.

SJR 44 by Duncan

Proposing a constitutional amendment for filling vacancies in appellate judicial offices by appointment, for partisan elections for all judicial offices, and for subsequent nonpartisan retention elections for all judicial offices.

To Committee on State Affairs.

Tuesday, March 31, 2009 SENATE JOURNAL 815


SJR 45 by Lucio

Proposing a constitutional amendment authorizing the issuance of additional general obligation bonds and notes to provide financial assistance to counties for roadway projects to serve border colonias.

To Committee on Finance.

SJR 46 by Lucio

Proposing a constitutional amendment authorizing the issuance of general obligation bonds to provide funds for affordable housing.

To Committee on Finance.

SJR 47 by Lucio

Proposing a constitutional amendment authorizing a county to regulate land development if approved by a majority vote in a countywide election.

To Committee on Intergovernmental Relations.

SJR 48 by Williams

Proposing a constitutional amendment authorizing the legislature to provide for the ad valorem taxation of a residence homestead solely on the basis of the property's value as a residence homestead; and authorizing the legislature to authorize a single board of equalization for two or more adjoining appraisal entities that elect to provide for consolidated equalizations.

To Committee on Finance.

SJR 49 by Williams

Proposing a constitutional amendment authorizing the legislature to provide for uniform standards and procedures for appraisal of property for ad valorem tax purposes.

To Committee on Finance.

SJR 50 by Averitt

Proposing a constitutional amendment relating to the issuance of additional general obligation bonds by the Texas Water Development Board.

To Committee on Natural Resources.

SJR 51 by West

Proposing a constitutional amendment establishing the Texas power source fund.

To Committee on Finance.

SJR 52 by Davis

Proposing a constitutional amendment allowing the expenditure of motor vehicle fuel taxes and registration fees for passenger rail, transit, and freight rail.

To Committee on Transportation and Homeland Security.

SJR 53 by Lucio

Proposing a constitutional amendment to entitle The University of Texas at Brownsville to participate in the income and other benefits of the permanent university fund.

To Committee on Finance.

816 81st Legislature — Regular Session 30th Day


SJR 54 by Uresti

Proposing a constitutional amendment to authorize the Kickapoo Traditional Tribe of Texas to conduct gaming by executing a gaming agreement with this state.

To Committee on State Affairs.

SR 416 by Shapleigh

Supporting the establishment of a veterans' hospital in the city of El Paso.

To Committee on Veteran Affairs and Military Installations.

The following bills and resolutions were introduced, read first time, and referred to the committees indicated:

SB 2443 by Uresti

Relating to the Sutton County Hospital District.

To Committee on Intergovernmental Relations.

SB 2448 by Huffman

Relating to the powers and duties of the Sienna Plantation Management District; providing authority to manage a public transit system and parking facilities and to impose a fee or issue bonds for that purpose.

To Committee on Intergovernmental Relations.

SB 2449 by Wentworth

Relating to the administration of certain provisions affecting the licensing of persons to carry a concealed handgun.

To Committee on Criminal Justice.

SB 2450 by Ellis

Relating to the sovereign immunity of certain local governmental entities regarding certain contracts.

To Committee on International Relations and Trade.

SB 2451 by Wentworth

Relating to authorizing certain counties to adopt buffer zone regulations and comprehensive land development plans; providing a penalty.

To Committee on Intergovernmental Relations.

SB 2452 by Wentworth

Relating to granting Travis County authority to regulate certain land use and impose certain development fees; providing penalties.

To Committee on Intergovernmental Relations.

SB 2453 by Williams

Relating to the East Montgomery County Improvement District.

To Committee on Intergovernmental Relations.

SB 2454 by Harris

Relating to preferences of certain district courts in Tarrant County.

To Committee on Jurisprudence.

Tuesday, March 31, 2009 SENATE JOURNAL 817


SB 2455 by Patrick

Relating to the creation of the Harris County Municipal Utility District No. 495; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

To Committee on Intergovernmental Relations.

SB 2456 by Hinojosa

Relating to the creation of the Brush Country Groundwater Conservation District; providing authority to impose a tax and issue bonds.

To Committee on Natural Resources.

SB 2457 by Deuell

Relating to the creation of the Hunt County Municipal Utility District No. 1; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

To Committee on Intergovernmental Relations.

SB 2458 by Fraser

Relating to the creation of the Clearwater Ranch Municipal Utility District No. 1; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

To Committee on Intergovernmental Relations.

SB 2459 by Averitt

Relating to the study and assessment of the transport of groundwater in the area regulated by the Edwards Aquifer Authority.

To Committee on Natural Resources.

SB 2460 by Jackson

Relating to the creation of the Brazoria County Municipal Utility District No. 65; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

To Committee on Intergovernmental Relations.

SB 2461 by Williams

Relating to deadlines for elections to confirm the creation of East Montgomery County Municipal Utility Districts Nos. 8, 9, 10, 11, 12, 13, and 14, Montgomery County Municipal Utility Districts Nos. 100 and 101, and Liberty County Municipal Utility District No. 5.

To Committee on Intergovernmental Relations.

SB 2462 by Carona

Relating to the powers and duties of the Falcon's Lair Utility and Reclamation District relating to the issuance of bonds.

To Committee on Natural Resources.

SB 2463 by Wentworth

Relating to the creation of the Comal County Water Improvement District No. 2; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

To Committee on Natural Resources.

818 81st Legislature — Regular Session 30th Day


SB 2464 by Wentworth

Relating to the creation of the Comal County Water Improvement District No. 1; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

To Committee on Natural Resources.

SB 2465 by Seliger

Relating to the payment of certain costs associated with educational programs of the John Ben Shepperd Public Leadership Institute of The University of Texas of the Permian Basin.

To Committee on Higher Education.

SB 2466 by Harris

Relating to the creation of the Cypress Waters Municipal Management District; providing the authority to impose an assessment, impose a tax, and issue bonds.

To Committee on Intergovernmental Relations.

SB 2467 by Patrick

Relating to the creation of Waller Town Center Management District; providing authority to impose an assessment, impose a tax, and issue bonds; and granting a limited power of eminent domain.

To Committee on Intergovernmental Relations.

SB 2468 by Gallegos

Relating to the post-employment activities of county and other local public officials.

To Committee on State Affairs.

SB 2469 by Hinojosa

Relating to the creation of two additional county courts at law in Hidalgo County.

To Committee on Jurisprudence.

SB 2470 by Estes

Relating to the creation of the Maverick Improvement District of Palo Pinto County; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

To Committee on Intergovernmental Relations.

SB 2471 by Wentworth

Relating to certain exemptions from ad valorem taxes imposed by the Cow Creek Groundwater Conservation District.

To Committee on Natural Resources.

SB 2472 by Patrick

Relating to the creation of the Harris County Improvement District No. 14; providing authority to impose an assessment, impose a tax, and issue bonds.

To Committee on Intergovernmental Relations.

SB 2473 by Patrick

Relating to the creation of the Harris County Improvement District No. 13; providing authority to impose an assessment, impose a tax, and issue bonds.

To Committee on Intergovernmental Relations.

Tuesday, March 31, 2009 SENATE JOURNAL 819


SB 2474 by Watson

Relating to changes in the territory, board of directors, and water use fees of the Barton Springs-Edwards Aquifer Conservation District.

To Committee on Natural Resources.

SB 2475 by Hinojosa

Relating to the powers and duties of the Nueces County Water Control and Improvement District No. 4; providing powers of eminent domain.

To Committee on Natural Resources.

SB 2476 by Deuell

Relating to the creation of the North Texas Trauma and Burn Authority in Trauma Service Area E.

To Committee on Health and Human Services.

SB 2477 by Wentworth

Relating to the authority of a municipality to lower the speed limit on certain highways in the municipality.

To Committee on Transportation and Homeland Security.

SB 2478 by Wentworth

Relating to the Parklands Municipal Utility District No. 1; providing authority to impose a tax and issue bonds.

To Committee on Intergovernmental Relations.

SB 2479 by Jackson

Relating to the creation of the Country Place Management District; providing authority to impose an assessment, impose a tax, and issue bonds.

To Committee on Intergovernmental Relations.

SB 2480 by Hegar

Relating to the board of navigation and canal commissioners of the Matagorda County Navigation District No. 1.

To Committee on International Relations and Trade.

SB 2481 by Hegar

Relating to an exception to prohibition of fees for future transfer of real property.

To Committee on Intergovernmental Relations.

SB 2482 by Harris

Relating to local regulation of distance requirements for businesses selling alcoholic beverages near certain establishments.

To Committee on Business and Commerce.

SB 2483 by Williams

Relating to the authority of the Harris-Montgomery Counties Municipal Utility District No. 386, formerly known as Harris County Municipal Utility District No. 386, to issue bonds supported by ad valorem taxes to finance recreational facilities.

To Committee on Intergovernmental Relations.

820 81st Legislature — Regular Session 30th Day


SCR 51 by Patrick

Urging the Congress of the United States to oppose any efforts to adopt the Employee Free Choice Act or any similar legislation.

To Committee on State Affairs.

SR 447 by Davis

Expressing intent that funds provided to the State of Texas by the American Recovery and Reinvestment Act be spent, as far as practicable, on domestic goods, materials, and services.

To Committee on Finance.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Congratulatory Resolutions

SRi541iby Uresti,iCelebrating Hudspeth County Day at the State Capitol.

HCRi92i(Nelson),iCommemorating the 100th anniversary of the Denton Chamber of Commerce.

ADJOURNMENT

Pursuant to a previously adopted motion, the Senate at 4:41 p.m. adjourned, in memory of Jack Lewis, father of former Speaker of the House of Representatives Gibson Lewis, until 11:00 a.m. tomorrow.


AAAPPENDIXAA


COMMITTEE REPORTS

The following committee reports were received by the Secretary of the Senate in the order listed:

March 31, 2009

FINANCE — SBi562, SBi638, CSSBi792, SBi995, SBi997, SBi1199, SBi1495, SJRi35

NATURAL RESOURCES — SBi1040, SBi1190, SBi1238, SBi1386, SBi1541, SBi1658, SBi1755

ECONOMIC DEVELOPMENT — SBi1850

TRANSPORTATION AND HOMELAND SECURITY — CSSBi17, SBi161, SBi970, SBi971, SBi1107, SBi1218, SBi1282, SBi1283, SBi1357, SBi1426, SBi1614, SBi1670, SBi1827

EDUCATION — CSSBi283, SBi669, CSSBi891, CSSBi939, SBi1290

STATE AFFAIRS — CSSBi1310, SBi1650, SBi1651

ADMINISTRATION — SBi386

Tuesday, March 31, 2009 SENATE JOURNAL 821


BILLS ENGROSSED

March 30, 2009

SBi261, SBi538, SBi540, SBi899

RESOLUTIONS ENROLLED

March 30, 2009

SCRi37, SCRi50, SRi529, SRi530, SRi531, SRi532, SRi533, SRi534, SRi535, SRi536, SRi537, SRi542

822 81st Legislature — Regular Session 30th Day


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