FIFTY-THIRD DAY · conforming to Your will, You who live and reign forever and ever. Amen. Senator...

FIFTY-THIRD DAYTUESDAY, APRIL 22, 2003

PROCEEDINGS

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

The roll was called and the following Senators were present:iiArmbrister, Averitt,Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos,Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Ratliff,Shapiro, Shapleigh, Staples, VanideiPutte, Wentworth, West, Whitmire, Williams,Zaffirini.

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

The Reverend Jayme Mathias, Cristo Rey Catholic Church, Austin, offered theinvocation as follows:

Today, let us come to order to the words of Saint Francis, addressed tothe rulers of his day:ii"Reflect and see that the day of death is approaching.With all possible respect, therefore, I beg you not to forget the Lord becauseof this world ’s cares and preoccupations, and not to turn away from Hiscommandments. When the day of death does come, everything you thinkyou have shall be taken from you. The wiser and more powerful you mayhave been in this world, the greater account will be asked of you.Therefore, I strongly advise you, my lords, to put aside all care andpreoccupations, and reflect on your relationships to the Lord and to oneanother."

Lord God of all creation, inspire in us a deeper sense of our relatednessto You, to one another, and to all of creation. Lord, make us instruments ofYour peace, of Your love, of Your reconciliation. Guide us in our task ofgoverning Your people, so that the decisions we make may be wise andconforming to Your will, You who live and reign forever and ever. Amen.

Senator Whitmire moved that the reading of the Journal of the proceedings ofWednesday, April 16, 2003, be dispensed with and the Journal be approved as printed.

The motion prevailed without objection.

CO-AUTHOR OF SENATE BILL 331

On motion of Senator Brimer, Senator Williams will be shown as Co-author ofSBi331.


On motion of Senator Carona, Senator Duncan will be shown as Co-author of

SBi435.


On motion of Senator Brimer, Senator West will be shown as Co-author of

SBi732.


On motion of Senator West, Senator Ogden will be shown as Co-author of

SBi1476.


On motion of Senator Madla, Senator Shapleigh will be shown as Co-author of

SBi1499.

INTRODUCTION OF

BILLS AND RESOLUTIONS POSTPONED

The President announced that the introduction of bills and resolutions on first

reading would be postponed until the end of today ’s session.MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

April 22, 2003

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

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

following action:

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HB 1, General Appropriations Bill.

HB 7, Relating to making supplemental appropriations and making reductions in

current appropriations.

HB 3175, Relating to the authority of the comptroller of public accounts to manage

cash flow by transferring available cash between funds in the custody or under the

management of the comptroller; making an appropriation.

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

1030 78th Legislature — Regular Session 53rd Day

PHYSICIAN OF THE DAY

Senator Deuell was recognized and presented Dr. James Froelich of Bonham as

the Physician of the Day.

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

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

Physicians.

RESOLUTIONS SIGNED

The President announced the signing of the following enrolled resolutions in the

presence of the Senate:iiSCR 43, SCR 44.

MESSAGE FROM THE GOVERNOR

The following Message from the Governor was read and was referred to the

Committee on Nominations:

Austin, Texas

April 17, 2003

TO THE SENATE OF THE SEVENTY-EIGHTH LEGISLATURE, REGULAR

SESSION:

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

following appointments:

TO BE MEMBERS OF THE TEXAS STATE BOARD OF PUBLIC

ACCOUNTANCY for terms to expire as indicated:

To Expire January 31, 2005:

Paula Martina Mendoza

1110 Key Street

Houston, Texasii77009

(replacing Edwardo Franco of Irving who resigned)


John W. Steinberg

9914 Flatland Trail

Converse, Texasii78109

(replacing Catherine Rodewald of Frisco who resigned)


Orville W. Mills, Jr.

7702 Hunters Point Drive

Sugar Land, Texasii77479

(replacing Gwen Gilbert of Dallas whose term expired)

John A. Walton

1430 San Rafael Drive

Dallas, Texasii75218

(replacing Reagan McCoy of San Antonio whose term expired)

Tuesday, April 22, 2003 SENATE JOURNAL 1031

David D. Duree5604 RidgemontMidland, Texasii79707

(replacing Rebecca Junker of Richmond whose term expired)

Joseph W. Richardson14 Inverness Park WayHouston, Texasii77055

(replacing Barbara Thomas of Houston whose term expired)

Respectfully submitted,

/s/Rick PerryGovernor

SENATE RESOLUTION 647

Senator Wentworth offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize a group ofoutstanding young people who have been selected as Young Texas Heroes and toproclaim April 22, 2003, as Young Heroes Day; and

WHEREAS, The Rotary Club District 5870 has selected four outstanding youngcitizens to honor as Young Texas Heroes; these individuals have excelled inacademics, and they have made a difference in their community; they have overcomeadversity and have inspired others through their deeds and strength of character; and

WHEREAS, Zana Gardner, age 17, has overcome personal adversity to earnhonor roll grades at Lanier High School in Austin; one of six children in asingle-parent home, she participates in a multitude of student activities while holdingdown two jobs to help support her family; once labeled an at-risk student, she is now acounselor to teenage girls; due to her perseverance, her academic excellence, and herdiligence, Zana is well on her way to becoming the first member of her family toattend college and to fulfill her dream of becoming a social worker dedicated tohelping abused children; and

WHEREAS, Jonathan Hawkins, age 17, is a student at Yoakum High School inYoakum; he was diagnosed with cerebral palsy when he was one year old; undauntedby his physical challenges, Jon maintains a 3.6 grade point average, plays the trumpetwith his school ’s marching and jazz bands, serves on the student council, and worksas a reporter for the school ’s newspaper; Jon has a particular interest in coaching forthe Special Olympics; this year Jon trained a fifth-grade student with musculardystrophy who won two gold medals in this highly regarded athletic competition;Jonathan ’s peers admire and respect him for his tenacity and for the inspiration andencouragement he gives to others; and

WHEREAS, Kristina Kelley, age 16, is a student at Smithville High School inSmithville; this young hero has overcome personal family problems to excel in herdaily life; she is equally devoted to service to her school, to her community, and to herstudies; Kristina has dedicated more than 250 hours of her time to various communityservice projects, and she is a member of her award-winning high school band; sheparticipates in the Peer Assisted Leadership Program, where she helps children to


cope with the challenges of growing up; she is ranked seventh academically in herclass, is an award-winning debater, and has been the recipient of a Law EnforcementService Award; and

WHEREAS, William Barton, age 17, attends Groesbeck High School inGroesbeck; as a Groesbeck Goat football player, William suffered a major injuryduring a game with Lorena High School; he underwent two separate surgeries thatresulted in the amputation of one of his legs below the knee; when friends reached outto console him, they found a young man at peace with himself, who felt no rancortoward the player who caused his injury; to the contrary, William had accepted therisks he had taken as an athlete; he is a shining example of courage and a model ofstrength of character to others; and

WHEREAS, The Rotary Club District 5870 has also given special recognition tofive other young people who have demonstrated the characteristics of a hero; theseyoung people are Michael Olson, age 10, of Round Rock; Princeton Howell, age 10,of Killeen; Eric Levels, age 18, of Mexia; Lindsey Carmichael, age 17, of Lago Vista;and Jessica Gardner, age 14, of Harker Heights; and

WHEREAS, These remarkable young citizens have brought much honor tothemselves, their families, their schools, their communities, and their state, and allTexans should take great pride in their accomplishments; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 78th Legislature, herebycommend these exemplary young Texans on their exceptional courage andachievements and extend best wishes to them for the future; and, be it further

RESOLVED, That copies of this Resolution be prepared for them as anexpression of esteem from the Texas Senate.

The resolution was read and was adopted without objection.

GUESTS PRESENTED

Senator Wentworth was recognized and introduced to the Senate a group ofyoung people representing Young Texas Heroes.

The Senate welcomed its guests.


Senator Harris offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize TeamTexas, which has been selected by Special Olympics Texas to join Team USA at theSpecial Olympics World Summer Games in Dublin, Ireland, June 21 through June 29,2003; and

WHEREAS, The athletes and the coaches on Team Texas were selectedaccording to their ability level, living skills, and participation in chapter games; and

WHEREAS, Team Texas is composed of 59 athletes and 13 coaches from acrossthe state; and

WHEREAS, The members of Team Texas will compete in 12 sports, includingaquatics, gymnastics, sailing, soccer, and tennis; and

WHEREAS, Team Texas is part of Special Olympics Team USA, consisting ofapproximately 1,000 athletes and 300 coaches representing all 50 United States andthe District of Columbia at the 2003 Special Olympics World Summer Games; and


WHEREAS, Participating in Team USA will be the experience of a lifetime for

these athletes, and they will make the Lone Star State proud of their endeavors at the

world games; and

WHEREAS, On April 22, 2003, these young Texans and their coaches will visit

the State Capitol, where they will be recognized for their exceptional skills, their

sportsmanship, and their participation on Team Texas; now, therefore, be it

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

commend and congratulate these fine athletes and coaches for earning the opportunity

to participate in the Special Olympics World Summer Games; and, be it further

RESOLVED, That a copy of this Resolution be prepared for Team Texas as an

expression of esteem from the Texas Senate.


GUESTS PRESENTED

Senator Harris was recognized and introduced to the Senate Team Texas of

Special Olympics Team USA.



Senator Wentworth offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to join Districti5870,

Rotary International, in welcoming to the State Capitol members of Rotary and the

Rotary International Group Study Exchange team from Brazil; and

WHEREAS, Rotary International is an organization of business and professional

people who provide humanitarian service, encourage high ethical standards, and help

spread goodwill and peace in the world; and

WHEREAS, The organization began in 1905 in Chicago with four friends

rotating weekly meetings, and today it consists of 29,000 clubs with a membership of

1.2 million men and women providing community service in virtually every nation in

the world; the membership of Districti5870 represents a cross section of the business

and professional community; and

WHEREAS, The Group Study Exchange program is designed to develop

professional and leadership skills among young people to better prepare them to

address the needs of their communities and an increasingly global workplace; and

WHEREAS, The young men and women participating in the Rotary ’s culturaland vocational exchange program from Brazil are Guillermo Pablo Souza, José Isaias

Camaratta da Costa, Cláudia de Vargas Francisquez, Luciana Teixeira, and Airton

Andreis; and

WHEREAS, District 5870, Rotary International, and the citizens of Texas are

privileged to have these talented young professionals as guests, and we hope their

visit is a productive and enjoyable one; now, therefore, be it


extend a hospitable and warm welcome to our visitors from Brazil; and, be it further


RESOLVED, That a copy of this Resolution be prepared for our honored guests

as a memento of their 2003 visit to Texas.


GUESTS PRESENTED

Senator Wentworth was recognized and introduced to the Senate members of

Rotary International and the Rotary International Group Study Exchange team from

Brazil.


GUESTS PRESENTED

Senator Lindsay was recognized and introduced to the Senate a group of

fifth-grade students from the Spring Branch Independent School District.



Senator Gallegos offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize Boyce

Honea on the occasion of his retirement after nearly 40 years of loyal service as a

coach in the Houston Independent School District; and

WHEREAS, Coach Honea is completing his coaching career at CharlesiH. Milby

High School, the school he graduated from in 1959; he has coached the varsity team

since 1973; he coached the junior varsity from 1967 to 1973 and served as coach at

Deady Intermediate School from 1964 to 1967; he earned his bachelor of science

degree in education from the University of Houston and a master ’s degree from TexasSouthern University; and

WHEREAS, Over the course of his coaching career, he logged 739 wins with

only 258 losses, and during the 2002 and 2003 season, he claimed an 89 percent

record in the district with 184 wins and 24 losses; in addition to coaching in the

Houston Independent School District, he has coached in city park leagues since 1956,

leading many youths to city championships; and

WHEREAS, Coach Honea has received numerous awards and honors during his

outstanding career; he was recognized as coach of the year by a number of groups,

including the Texas Association of Basketball Coaches, which also bestowed on him

its Milestone Award for 500 victories in 1994; and

WHEREAS, He led his basketball teams to 20 state playoffs, eight appearances

in regional tournaments, two appearances in state tournaments, 16 district

championships, and 25 first place positions in major tournaments; 78 of his players

received college scholarships, and a number of students were recognized as All State

and All American; and

WHEREAS, The impressive success of his teams over the years demonstrates his

expertise and sound judgment and is a tribute to his exemplary leadership skills and

professionalism; Coach Honea sets high standards for his students, and he has been a

positive influence on their lives and those of his colleagues; now, therefore, be it



commend Boyce Honea for his outstanding coaching career and extend best wishes to

him for the retirement years ahead; and, be it further

RESOLVED, That a copy of this Resolution be prepared for Boyce Honea as an

expression of esteem from the Texas Senate.


GUESTS PRESENTED

Senator Gallegos was recognized and introduced to the Senate Boyce Honea; his

wife, Sandra; his son-in-law, Mark Smith; and his grandchildren, Peyton and Bryce

Smith.


CONCLUSION OF MORNING CALL

The President at 11:47 a.m. announced the conclusion of morning call.

COMMITTEEiiSUBSTITUTE

SENATE BILL 277 ON SECOND READING

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

consideration CSSBi277 at this time on its second reading:

CSSB 277, Relating to the continuation and functions of the Texas Board of

Professional Engineers and to the regulation of the practice of engineering.

The motion prevailed by a viva voce vote.

The bill was read second time.

Senator Ellis offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 277 in SECTION 2 of the bill, in added Section 1001.057(c)(1),

Occupations Code, between "plans" and "signed" (committee printing page 2, line

15), by inserting "or specifications".

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

Senator Ellis offered the following amendment to the bill:


Amend CSSB 277 by striking SECTION 14 of the bill (committee printing page

5, lines 38-45) and substituting the following:

SECTIONi14.iiSection 1001.210, Occupations Code, is amended to read as

follows:

Sec.i1001.210.iiCONTINUING EDUCATION PROGRAMS. (a) The board

shall [may] recognize, prepare, or administer continuing education programs for its

license holders. A license holder must participate in the programs to the extent

required by the board to keep the person ’s license.


(b)iiThe board may not require a license holder to obtain more than 15 hours ofcontinuing education annually. The board shall permit a license holder to certify at thetime the license is renewed that the license holder has complied with the board ’scontinuing education requirements.

(c)iiThe board shall permit a license holder to receive continuing education creditfor educational, technical, ethical, or professional management activities related to thepractice of engineering, including:

(1)iisuccessfully completing or auditing a course sponsored by an institutionof higher education;

(2)iisuccessfully completing a course certified by a professional or tradeorganization;

(3)iiattending a seminar, tutorial, short course, correspondence course,videotaped course, or televised course;

(4)iiparticipating in an in-house course sponsored by a corporation or otherbusiness entity;

(5)iiteaching a course described by Subdivisions (1)-(4);(6)iipublishing an article, paper, or book on the practice of engineering;(7)iimaking or attending a presentation at a meeting of a technical or

engineering management society or organization or writing a paper presented at sucha meeting;

(8)iiparticipating in the activities of a professional society or association,including serving on a committee of the organization; and

(9)iiengaging in self-directed study.(d)iiA license holder may not receive more than five continuing education credit

hours annually for engaging in self-directed study [persons regulated by the boardunder this chapter. Participation in the programs is voluntary].


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

CSSB 277 as amended was passed to engrossment by a viva voce vote.

COMMITTEEiiSUBSTITUTESENATE BILL 277 ON THIRD READING

Senator Ellis moved that Senate Rule 7.18 and the Constitutional Rule requiringbills to be read on three several days be suspended and that CSSBi277 be placed onits third reading and final passage.

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

Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan,Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio,Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire,Williams, Zaffirini.

Nays:iiRatliff, Wentworth.

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


STATEMENT OF LEGISLATIVE INTENT

Senator Ellis submitted the following statement of legislative intent forCSSBi277:

The bill preserves the exemption from registration for a private corporation orother business entity engaged in manufacturing. It is our intent that the exemption beapplied in such a matter to reflect the changing nature of manufacturing in our statetoday. Any company whose primary function is to produce, construct, assemble,fabricate, or create a product is considered a manufacturer, including those companieswho assemble products, including components manufactured by other companies.Many companies outsource manufacturing of certain components whilemanufacturing other components themselves. Those companies are exempt as long astheir product is not engineering services.

ELLIS

GUESTS PRESENTED

Senator Wentworth was recognized and introduced to the Senate fifth- andsixth-grade students from the Student Council of Barbara Jordan Elementary Schoolin Austin.


COMMITTEEiiSUBSTITUTESENATE BILL 718 ON SECOND READING

Senator Madla moved to suspend the regular order of business to take up forconsideration CSSBi718 at this time on its second reading:

CSSB 718, Relating to the practice and regulatory environment for registerednurses and licensed vocational nurses.


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


Senator Madla moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that CSSBi718 beplaced on its third reading and final passage.




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



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

consideration SBi1094 at this time on its second reading:

SB 1094, Relating to the creation of a task force to evaluate matters regarding

water conservation.



Senator Duncan offered the following amendment to the bill:


Amend SB 1094 as follows:

(1)iiOn page 1, line 55, strike paragraph beginning with "(5)" and substitute the

following:

"(5)iiadvising the Texas Water Development Board and the Texas

Commission on Environmental Quality on:

(A)iia standardized methodology for reporting and using per capita

water use data;

(B)iiestablishing per capita water use targets and goals, accounting for

such local effects as climate and demographics; and

(C)iiother possible uses as appropriate; and"


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

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

SB 1094 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 1094 ON THIRD READING

Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule

requiring bills to be read on three several days be suspended and that SBi1094 be

placed on its third reading and final passage.


Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan,

Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio,

Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire,

Williams, Zaffirini.


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

Naysi0.



Senator Averitt moved to suspend the regular order of business to take up forconsideration SBi966 at this time on its second reading:

SB 966, Relating to the comptroller entering into an agreement with a credit ordebit card issuer for the benefit of public schools.




Senator Averitt moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that SBi966 beplaced on its third reading and final passage.






Senator Duncan moved to suspend the regular order of business to take up forconsideration SBi876 at this time on its second reading:

SB 876, Relating to commissions on certain negotiated bond sales.




Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that SBi876 beplaced on its third reading and final passage.







Senator Barrientos moved to suspend the regular order of business to take up forconsideration CSSBi938 at this time on its second reading:

CSSB 938, Relating to enforcement of veteran ’s employment preferences.The motion prevailed by a viva voce vote.

The bill was read second time and was passed toiengrossment by a viva vocevote.


Senator Barrientos moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that CSSBi938 beplaced on its third reading and final passage.






Senator Ogden moved to suspend the regular order of business to take up forconsideration CSSBi1488 at this time on its second reading:

CSSB 1488, Relating to the misconduct of a person who is employed by or isseeking employment by a school district, open-enrollment charter school, regionaleducation service center, or shared services arrangement.



Senator Ogden offered the following amendment to the bill:


Amend CSSB 1488 as follows:(1) In SECTION 1 of the bill, in proposed Section 21.006(b), Education Code

(page 1, line 25), between "director has" and "cause to believe" insert "reasonable";(2) In SECTION 1 of the bill, in proposed Section 21.006(d), Education Code

(page 1, line 61), between "services arrangement" and "of the filing of the report"insert "and the educator"; and

(3) In SECTION 2 of the bill, in proposed Section 21.451(a)(1)(D), EducationCode (page 2, line 22), between "superintendent who has" and "cause to believe"insert "reasonable".



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




Senator Ogden moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that CSSBi1488 beplaced on its third reading and final passage.





(Senator Brimer in Chair)

(President in Chair)

MOTION TO PLACE


Senator Lucio moved to suspend the regular order of business to take up forconsideration SBi348 at this time on its second reading:

SB 348, Relating to the punishment for a capital offense.

The motion was lost by the following vote:iiYeasi19, Naysi12.ii(Not receivingtwo-thirds vote of Members present)

Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Carona, Deuell, Duncan, Ellis,Gallegos, Hinojosa, Lindsay, Lucio, Madla, Ratliff, Shapleigh, VanideiPutte, West,Whitmire, Zaffirini.

Nays:iiBrimer, Estes, Fraser, Harris, Jackson, Janek, Nelson, Ogden, Shapiro,Staples, Wentworth, Williams.



Senator Bivins moved to suspend the regular order of business to take up forconsideration CSSBi422 at this time on its second reading:

CSSB 422, Relating to requirements regarding motor vehicle insurance andproof of financial responsibility; providing penalties.




Senator Bivins offered the following amendment to the bill:


Amend the committee printing of CSSB 422 as follows:

(1) On page 3, line 19, delete all language beginning with the words "A motor

vehicle" and ending with "paid." on line 22;

(2) On page 3, line 35, strike "Except as provided by Subsection (b)," and insert

the following: "Except as provided by Subsections (b), (c), and (d),";

(3) On page 3, insert the following after line 51:

"(c) Notwithstanding the terms of this Subchapter:

(1) no lien attaches to a vehicle as a result of a violation of this Subchapter;

(2) a person is not liable for a fine or penalty levied under this section or

Section 601.504 if the person did not own the vehicle at the time the fine or penalty

was levied; and

(3) neither a tax assessor-collector nor the Texas Department of

Transportation may refuse to register a vehicle on the ground that a prior owner of the

vehicle violated this Subchapter.

(d) The provisions of Subsection (c) are not available to:

(1) a person who received title to the vehicle as a gift from the prior owner;

or

(2) a person who received title to the vehicle from a family member, unless

the Texas Department of Transportation is satisfied that the transfer is in good faith

and not to defeat the purpose of this Subchapter."


Senator Whitmire offered the following amendment to the bill:


Amend CSSB 422 by striking Sec. 601.191(b) (page 4, lines 25 through 27) and

Sec. 601.191(d) (page 4, lines 36 through 39) and substituting new subsections (b)

and (d) as follows:

(b) Except as provided by Subsection [Subsections (c) and] (d), an offense under

this section is a misdemeanor punishable by a fine of not less than $350 [$175] or

more than $500 [$350].

(d) If the court determines that a person who has not been previously convicted

of an offense under this section is economically unable to pay the fine, the court may

reduce the fine to less than $350 [$175].


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






Senator Bivins moved that Senate Rule 7.18 and the Constitutional Rule

requiring bills to be read on three several days be suspended and that CSSBi422 be











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


CSSB 1510, Relating to monitoring compliance of public school bilingual

education and special language programs.


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

vote.



Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule









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

Naysi0.




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


CSSB 732, Relating to discounts or other forms of pricing flexibility for

telecommunications services.



vote.



Senator Brimer moved that Senate Rule 7.18 and the Constitutional Rule












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


CSSB 60, Relating to the provision of public mental health and related services

for certain children who need the services of more than one agency.



vote.



Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule













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


CSSB 286, Relating to the continuation and functions of the Texas Higher

Education Coordinating Board.



Senator Ogden offered the following amendment to the bill:


Amend CSSB 286, in SECTION 19 of the bill, in Section 61.0902(b)(2),

Education Code as follows:

(1)iiIn Section 61.0902(b)(2)(J) (page 10, line 40) after "degrees are offered"

strike "and";

(2)iiIn Section 61.0902(b)(2)(K) (page 10, line 42) after "degrees are offered"

strike "." and insert "; and"

(3)ii(page 10, between lines 42 and 43), insert new (L) and (M) to read as

follows:

(L)iia description of any departments, schools, or certificate or degree

programs of the institution that have a statewide or national reputation for excellence;

and

(M)iistatistics regarding job placement rates for students awarded

certificates or degrees by the institution.


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





Senator Shapleigh moved that Senate Rule 7.18 and the Constitutional Rule









Senator West moved to suspend the regular order of business to take up forconsideration CSSBi1010 at this time on its second reading:

CSSB 1010, Relating to public and common nuisances; providing a penalty.



PERMISSION TO INTRODUCE BILLS

Senator Whitmire moved to suspend Senate Rule 7.07(b) and Section 5,ArticleiIII, of the Texas Constitution to permit the introduction of the followingbills:iiSBi288, SBi289, SBi290, SBi1909, SBi1910.


SENATE RULES SUSPENDED(Posting Rules)

On motion of Senator Shapleigh and by unanimous consent, Senate Rule11.10(a) and Senate Rule 11.18(a) were suspended in order that the Subcommittee onBase Realignment and Closure might meet and consider SBi1295 today.


On motion of Senator VanideiPutte and by unanimous consent, Senate Rule11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee onVeteran Affairs and Military Installations might meet and consider SJRi55 today.


On motion of Senator Wentworth and by unanimous consent, Senate Rule11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee onInfrastructure Development and Security might meet and consider SBi1704 today.

MOTION TO ADJOURN

On motion of Senator Whitmire and by unanimous consent, the Senate at1:28ip.m. agreed to adjourn, upon completion of the introduction of bills andresolutions on first reading, until 11:00ia.m. tomorrow.


SENATE BILLS AND RESOLUTION ON FIRST READING

The following bills and resolution were introduced, read first time, and referredto the committees indicated:

SB 25 by LucioRelating to the creation, administration, powers, duties, operation, and financing ofthe Kenedy County Groundwater Conservation District. (Local Bill)To Committee on Natural Resources.

SB 288 by ArmbristerRelating to the use of certain money in solid waste disposal account No. 5000.To Committee on Finance.

SB 289 by ArmbristerRelating to changes in the eligibility requirements, benefit structure, or otherrequirements of local public retirement systems governed by state statute.To Committee on Intergovernmental Relations.

SB 290 by LucioRelating to subdivision platting requirements in certain counties near an internationalborder.To Committee on International Relations and Trade.

SB 1909 by LucioRelating to the regulation of the subdivision or development of land in areas borderingthe Rio Grande River and the Laguna Madre and/or the Gulf of Mexico.To Committee on International Relations and Trade.

SB 1910 by AverittRelating to authorizing the strip annexation of certain property by certainmunicipalities.To Committee on Intergovernmental Relations.

SCR 45 by FraserDirecting the Texas Building and Procurement Commission to rename theBrownwood State School - Units I and II for Mr. Ron Jackson as a tribute to hiscommitment to public service and his many contributions to the betterment of theState of Texas.To Committee on Criminal Justice.

HOUSE BILLS ON FIRST READING

The following bills received from the House were read first time and referred tothe committees indicated:

HB 1 to Committee on Finance.HB 7 to Committee on Finance.HB 216 to Committee on Finance.HB 256 to Subcommittee on Higher Education.HB 587 to Committee on Administration.HB 601 to Committee on Administration.HB 906 to Committee on Government Organization.


HB 944 to Committee on Education.

HB 1000 to Committee on Criminal Justice.


HB 1307 to Committee on Business and Commerce.

HB 1321 to Committee on Health and Human Services.

HB 1331 to Committee on Government Organization.


HB 1452 to Committee on Natural Resources.


HB 1743 to Committee on Health and Human Services.

HB 2008 to Subcommittee on Agriculture.

HB 2096 to Committee on Infrastructure Development and Security.


HB 3175 to Committee on Finance.

SENATE BILL 1369 REREFERRED

Senator Duncan submitted a Motion In Writing requesting that SBi1369 be

withdrawn from the Committee on State Affairs and rereferred to the Committee on

Finance.

The Motion In Writing prevailed without objection.

HOUSE BILL 2091 REREFERRED

Senator Deuell submitted a Motion In Writing requesting that HBi2091 be

withdrawn from the Committee on Infrastructure Development and Security and

rereferred to the Committee on Administration.



Senator VanideiPutte submitted a Motion In Writing requesting that HBi1522 be

withdrawn from the Committee on Veteran Affairs and Military Installations and




Senator VanideiPutte submitted a Motion In Writing requesting that HBi1234 be

withdrawn from the Committee on Intergovernmental Relations and rereferred to the

Committee on Administration.



Senator Armbrister submitted a Motion In Writing requesting that HBi1677 be

withdrawn from the Committee on Intergovernmental Relations and rereferred to the

Committee on Administration.




Senator Armbrister submitted a Motion In Writing requesting that HBi641 be

withdrawn from the Committee on Natural Resources and rereferred to the Committee

on Administration.



Senator Jackson submitted a Motion In Writing requesting that HBi1049 be

withdrawn from the Committee on Infrastructure Development and Security and



RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

SR 637 by Wentworth, In memory of Leonard L. Yeckel, Sr., of San Antonio.

SR 638 by Wentworth, In memory of Ida McCormick Kennedy of San Antonio.

SR 639 by Wentworth, In memory of Harry "Alex" Fish of Boerne.

SR 640 by Wentworth, In memory of William George "Bill" Berchelmann of San

Antonio.

SR 641 by Wentworth, In memory of Peter "Oly" Jahns of Cibolo.

SR 646 by Barrientos, In memory of Harry Curtis Weeks, Jr., of Austin.

SR 650 by West, In memory of Lunita Johnson White of Dallas County.

SR 652 by Barrientos, In memory of Domingo G. Juarez of Austin.

SR 654 by VanideiPutte, In memory of Loretta Cantu Campbell of San Antonio.

Congratulatory Resolutions

SR 642 by Wentworth, Congratulating James Allen of San Antonio on his 40th

birthday.

SR 643 by Wentworth, Congratulating Concordia Lutheran School in San Antonio on

its 50th anniversary.

SR 644 by West, Commending the Leslie K. Bedford Memorial Foundation for its

contributions to young women.

SR 645 by Ellis, Commending the Houston Chapter of Top Ladies of Distinction,

Incorporated, on its commitment and service to its community.

SR 649 by West, Congratulating Dwight Boykins for earning the 2003 Minority

Achiever Award from the Young Men ’s Christian Association of Greater Houston.SR 651 by West, Commending Kirk Dressendorfer for his athletic accomplishments.


SR 653 by Barrientos, Congratulating Cassandra "Cassie" and Bryan Lovelady on thebirth of their son, Luke Allan Lovelady.

SR 657 by Madla, Paying tribute to the United States Air Force ’s Air Force NewsAgency on its 25th anniversary.

HCR 85 (Deuell), Saluting volunteers in the State of Texas.

Official Designation Resolution

SR 656 by Madla, Recognizing the Plaza Theatre in El Paso as a Treasure of TexasHistory.

(Senator Staples in Chair)

ADJOURNMENT

Pursuant to a previously adopted motion, the Senate at 1:34ip.m. adjourned until11:00ia.m. tomorrow.

AAAPPENDIXAA

COMMITTEE REPORTS

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

April 22, 2003

BUSINESS AND COMMERCEi—iCSSB 1211

JURISPRUDENCEi—iSB 424

INTERNATIONAL RELATIONS AND TRADEi—iCSSCR 21

VETERAN AFFAIRS AND MILITARY INSTALLATIONSi—iSBi1457, SBi1103,SJRi46, CSSBi1669, SBi1102, CSSBi1174, CSSBi652, SBi1594, SBi1508

INTERGOVERNMENTAL RELATIONSi—iCSSBi725, SBi734, CSSBi884,SBi902, SBi954, SBi1014, SBi1442, SBi1581, SBi1631, CSSBi1687, CSSBi1784,HBi522

JURISPRUDENCEi—iHB 988, CSSB 1490, CSSBi1588, CSSBi1107

INTERGOVERNMENTAL RELATIONSi—iCSSB 949

VETERAN AFFAIRS AND MILITARY INSTALLATIONSi—iCSSBi1565,CSSBi1439, CSSBi1143

EDUCATIONi—iCSSB 76, SB 687, CSSB 334


CRIMINAL JUSTICEi—iSB 45 (Amended), CSSBi1188, SBi1336 (Amended),CSSBi177, CSSBi782, CSSBi1044, CSSBi1465, CSSBi1114

HEALTH AND HUMAN SERVICESi—iCSSBi1148, CSSBi160, SBi610,CSSBi1012, SBi1073, CSSBi1074, CSSBi1075, CSSBi1136, SBi1283, SBi1299,CSSBi1131, SBi1409, CSSBi1410, CSSBi1553, SBi1571, SBi1744

EDUCATIONi—iCSSB 1542

NATURAL RESOURCESi—iCSSBi1389, CSSBi1158, CSSBi1141, CSSBi1413,CSSBi1405, SBi1123, CSSBi1362, CSSBi1377, CSSBi1272, CSSBi455, SBi989,SBi1227, SBi1235, SBi1250, SBi1276, SBi1361, SBi1888, SBi1304, CSHBi555,CSSBi1729, CSSBi1725, CSSBi738, CSSBi1344, CSSBi1639, CSSBi967,CSSBi1656, CSHBi1365

SIGNED BY GOVERNOR

April 17, 2003

SCR 38

SENT TO SECRETARY OF STATE

April 22, 2003

SCR 44

SENT TO GOVERNOR

April 22, 2003

SCR 43


FIFTY-THIRD DAY · conforming to Your will, You who live and reign forever and ever. Amen. Senator...

Documents

Transcript of FIFTY-THIRD DAY · conforming to Your will, You who live and reign forever and ever. Amen. Senator...