1454 64th LEGISLATURE-- REGULAR SESSION BILLS REMOVED …€¦ · 1456 64th LEGISLATURE-- REGULAR...

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1454 64th LEGISLATURE-- REGULAR SESSION BILLS REMOVED FROM LOCAL AND UNCONTESTED BILLS CALENDAR Bill No. H.B. 141 H.C.R. 33 Senato1·s Objecting Jones, Hherman Adams Meier CONCLUSION OF SESSION FOR LOCAL AND UNCONTESTED BILLS CALENDAR The Presiding Officer (Senator Adams in the Chair) announced that the session for the consideration of the Local and Uncontested Eiills Calendar was concluded. ADJOURNMENT On motion of Senator Aikin the Senate at 9:22 o'clock a.m. adjourned until 10:30 o'clock a.m. today. SEVENTY-FOURTH DAY (Thursday, May 15, I 975) The Senate met at 10:30 o'clock a.m., pursuant to adjournment, and was called to order by the President. The roll was called and the following Senator.; were present: Adams, Aikin, Andujar, Braecklein, Brooks, Clower, Creighton, Doggett, Farabee, Gammage, Hance, Harrington, Harris, Jones, Kothmann, Lombardino, Longoria, Mauzy, McKinnon, Meier, Mengden, Moore, Ogg, Patman, Santiesteban, Schwartz, Sherman, Snelson, Traeger and Williams. Absent-excused: McKnight. A quorum was announced present. The Reverend Ed Spivey, First Baptist Chur:h, Mexia, Texas, offered the invocation as follows: Heavenly Father, We acknowledge Thy spirit's presence in this chamber today, and we pray for Your direction in all of our lives. Thank You for thos!: Marines who have risked, and some lost, their lives in the defense of our nation, its ci :izens and its honor overnight. Thank Thee, Our Father, for those who are elect:d to make the laws that govern us, and for those entrusted with the enforcement of th:se laws. Help us always to have the Spirit of Christ, Who helps the deserving and undeserving alike, because of His riches in Heaven. Guide us in truth, justice, and love today, and \liC will praise Your name in this place.

Transcript of 1454 64th LEGISLATURE-- REGULAR SESSION BILLS REMOVED …€¦ · 1456 64th LEGISLATURE-- REGULAR...

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1454 64th LEGISLATURE-- REGULAR SESSION

BILLS REMOVED FROM LOCAL AND UNCONTESTED BILLS CALENDAR

Bill No.

H.B. 141 H.C.R. 33

Senato1·s Objecting

Jones, Hherman Adams Meier

CONCLUSION OF SESSION FOR LOCAL AND UNCONTESTED BILLS CALENDAR

The Presiding Officer (Senator Adams in the Chair) announced that the session for the consideration of the Local and Uncontested Eiills Calendar was concluded.

ADJOURNMENT

On motion of Senator Aikin the Senate at 9:22 o'clock a.m. adjourned until 10:30 o'clock a.m. today.

SEVENTY-FOURTH DAY (Thursday, May 15, I 975)

The Senate met at 10:30 o'clock a.m., pursuant to adjournment, and was called to order by the President.

The roll was called and the following Senator.; were present: Adams, Aikin, Andujar, Braecklein, Brooks, Clower, Creighton, Doggett, Farabee, Gammage, Hance, Harrington, Harris, Jones, Kothmann, Lombardino, Longoria, Mauzy, McKinnon, Meier, Mengden, Moore, Ogg, Patman, Santiesteban, Schwartz, Sherman, Snelson, Traeger and Williams.

Absent-excused: McKnight.

A quorum was announced present.

The Reverend Ed Spivey, First Baptist Chur:h, Mexia, Texas, offered the invocation as follows:

Heavenly Father, We acknowledge Thy spirit's presence in this chamber today, and we pray for

Your direction in all of our lives. Thank You for thos!: Marines who have risked, and some lost, their lives in the defense of our nation, its ci :izens and its honor overnight.

Thank Thee, Our Father, for those who are elect:d to make the laws that govern us, and for those entrusted with the enforcement of th:se laws.

Help us always to have the Spirit of Christ, Who helps the deserving and undeserving alike, because of His riches in Heaven.

Guide us in truth, justice, and love today, and \liC will praise Your name in this place.

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May 15. 1975 SENATE JOURNAL 1455

In the name of Jesus. Amen.

On motion of Senator Aikin and by unanimous consent, the rc<~ding of the Journal of the proceedings of yesterday was dispensed with and the Journal was approved.

LEAVE OF ABSENCE

Senator McKnight was granted leave of absence for today on account of illness on motion of Senator Moore.

REPORTS OF STANDING COMMITTEES

Senator Snelson submitted the following reports for the Committee on Intergovernmental Relations:

H.B. 2159 H.B. 1019 H.B. 641 H.B. 923 H.B. 977 H.B. 1554 H.B. 2096 H.B. 1333 H.B. 392 H.B. 525 H.B. 2018 H.B. 610 H.B. 1139 C.S.H.B. 2151 (Read first time)

Senator Moore submitted the following reports for the Committee on State Affairs:

H.B. 2032 H.B. 1002 C.S.S.B. 784 (Read first-time) S.B. 1095 S.B. 1102 S.B. 974 S.B. 973 S.B. 976 H.B. 98 S.B. 240 (Amended) S.B. 1078

SENATE BILLS AND RESOLUTIONS ON FIRST READING

By unanimous consent the following bills and resolutions were introduced, read first time and referred to the Committee indicated:

By Senator Ogg: S.B. 1093, A bill to be entitled An Act amending Section 181 of the Texas

Election Code, relating to primary election dates; and declaring an emergency,

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To Committee on State Affairs.

By Senator Ogg: S.B. 1112, A bill to be entitled an Act relating to pension systems for policemen

in ct:rtain cities; amending Sections 7 and 11, Subs~:ctions (a) and (b) of Section 13, Subsection (h) of Section 24, adding Section 23A, and repealing Subsection (c) of Section 24. Chapter 76. Acts of the 50th Legislature, Regular Session, 1947, as amended (Article 6243g-1, Vernon's Texas Civil Statutes); and declaring an emergency.

To Committee on Intergovernmental Relation;.

By Senator Williams: S.B. 1 I 13, A bill to be entitled An Act rati·.~ying, confirming. approving and

validating all proceedings and actions taken by the board of directors of Northwest Harris County Public Utility District No. 3 adding or annexing land and related matters; providing a non-litigation clause: providing <. savings clause; and declaring an emergency.

To Committee on Administration.

By Senator Brooks: S.B. 1114, A bill to be entitled An Act amendirg the Texas Minimum Wage Act

of 1970 (Article 5159d, Vernon's Texas Civil Statutes): adding an exemption concerning employees in certain child caring institutions: and declaring an emergency.

To Committee on Human Resources.

By Senator Moore: S.C.R. 79, Authorizing Enrolling and Engro:;sing Clerk of Senate to make

certain corrections in S.B. 86. To Committee on Administration.

By Senators Adams and Doggett: S.C.R. 80, Directing State Board of Control 10 construct a ramp at the East

entrance of the Capitol. To Committee on Administration.

SENATE BILL 996 WITH HOUSE AMENDMENT

Sen::1tor Creighton called S.B. 996 from the Pr~sident's table for consideration of the House amendment to the bill.

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

FLOOR AMENDMENT l'iO. I

S.B. 996 is amended by deleting Section 2 cf the hill and substituting the rollowing:

St::c. 2. The district shall comprise all of the territory within Parker County, Texas. contained within the following described area:

BOUNDARY DESCRIPTION PARKER COUNTY UTILITY DISTRICT

Parker County, Texas BEGINNING at the Southeast corner of the J. M. SPE:ARMAN Survey Abstract No. JJ6g located in the North line of the J. B. HIBBERT Survey Abstract No. 613, said corner being also the South· West corner of the F. H. HAMMOND Survey Abstract No. 1972.

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THENCE- North with the East line of the said SPEARMAN Survey and the West line of the said HAMMOND Survey and the West line of the R. C. EDDLEMAN Survey Abstract No. 438 to a point in the West line of said R. C. EDDLEMAN Survey, the most Westerly South-West corner of the W. S. tasatcr Estate, being 778.15 feet south of the North-West corner of said R. C. EDDLEMAN Survey for a corner of the boundary.

THENCE in an Easterly and South-Easterly direction along the North right-of-way line of the county road (No. 4003) as follows:

THENCE-S87 878 feet for a corner of a boundary: THENCE-S84_50'E 338.26 feet for a corner of the boundary: THENCE-S80_06'E 80.0 feet for a corner of the boundary: THENCE-S7LII'E 299.53 feet for a corner of the boundary: THENCE-S66_46'E 160.0 feet for a corner of the boundary: THENCE-S61_50'E 270 feet for a corner of the boundarv: THENCE-S53_55'E 238 feet for a corner of the boundary: THENCE-S49_13'E 275 feet for a corner of the boundary: THENCE-S47_55'E 33 feet for a corner of the boundary: THENCE-North, leaving said county road, 1491.98 feet to a point 10 feet North

of the North-West corner of Lot 5, Block 21, Lasater Addition, being in the North line of the R. C. EDDLEMAN Survey for a corner of the boundary:

THENCE-West along the North line of said R.C. EDDLEMAN Survey. to a point being the North- West corner of said R. C. EDDLEMAN Survey and the South-West corner of JOHN SPARGER Survey Abstract No. 1230 being a corner of the boundary.

THENCE-North along the West line of said JOHN SPARGER Survey to the most Westerly North-West corner of said JOHN SPARGER Survey and the South-West corner of the J. B. CARR Survey Abstract No. 255 for a corner of the

~n~ry. ~ THENCE-In a Easterly direction with the most Westerly North line f the said SPARGER Survey to the interior corner of the said SPARGER Survey eing the South~ East corner of the said CARR Survey for a corner of this boundary.

THENCE-North with the common line of the said SPARGER Survey and the said CARR Survey to a corner of this boundary being the South-West corner of the F. H. HAMMON Survey Abstract No. 673 in the East line of said CARR Survey.

THENCE-East with the most Northerly, North line of the said SPARGER Survey and the South line of the F. H. HAMMON Survey Abstract No. 673; crossing State Farm to Market Road FM 5 to a corner of this boundary being in the East right-of-way line of the State Road FM 5.

THENCE-In a Southerly direction with the East Right-of~ Way line of State Road FM 5, to a point for a corner of this boundary said corner being at the intersection of the East Right~of-Way line of State Road FM 5 and a projection of the common South line of the JOHN BEACH and COOPER MOTT Survey Abstract No. 2091 and the North line of the L. R. FAWKS Survey Abstract No. 483.

THENCE-East passing the North-West corner of the said FAWKS Survey and continuing past the South-West corner of the said JOHN BEACH and COOPER MOTT Survey to the North-East corner of the said FAWKS Survey for a corner of\ this boundary. .

THENCE-South with the common East line of the said FA WKS Survey and the West line of the HEIRS OF F. SANCHEZ Survey Abstract No. 2345 to a corner of this boundary being the South-East corner of said FAWKS Survey and located in the North line of the J. G. WARREN Survey Abstract No. 2182.

THENCE-West with the South line of the said FAWKS Survey and the North line of the said WARREN Survey to a corner of this boundary being the North-West corner of the said WARREN Survey on the South line of the said FA WKS Survey.

\

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THENCE-South with the common West line of the said WARREN Survey and the East line of the A. B. SMITH Survey Abstrac1 No. 1223 to a corner of this boundary being the common South-West corner of the said WARREN Survey and the South-East corner of the said SMITH Survey.

THENCE-West with the South line of the said SMITH Survey and the North line of theW. J. MAYO Survey Abstract No. 975; p1ssing the common North-West corner of the said MAYO Survey and the North-EaH corner of the J. P. KINSER Survey Abstract No. 784 and continuing West with th1: South line of the said SMITH Survey and the North line of the said KINSER :)urvey to the most Northerly North-West corner of the said KINSER Survey being also the North-East corner of the C. M. CARR Survey Abstract No. 240 for a corner of this boundary. Said t:orner being in the intersection of Road No. 2376 with State Farm to Market Road F:\1 5.

THENCE-South with the common East line of the said CARR Survev and the most Northerly West line of the said KINSER Survey to the South-East cor~er of the said CARR Survey and the interior corner of the said KINSER Survey for a corner of this boundary.

THENCE-West with the South line of the said CARR Survey; passing the most Southerly North-West corner of the said KINSER Su ·vey and the North-East corner of the 0. LOVING Survey Abstract No. 207 and cont nuing West with the South line of the said CARR Survey and the North line of th<' said LOVING Survey to the common South-West corner of the said CARR Surve) and the North-West corner of the said LOVING Survey for a corner of this boundary.

THENCE-North with the common West line of the said CARR Survey and the East line of the J. B. HIBBERT Survey Abstract No. 613 to the North-West corner of the said CARR Survey for a corner of this boundary.

THENCE-West with the South line of the said SMITH Survey and a North line of the said HIBBERT Survey to an interior corner of tte said HIBBERT Survey being the South-West corner of the said SMITH Survey for a corner of this boundary.

THENCE-North with the most Westerly East line of the said HIBBERT Survey and the West line of the said SMITH Survey to the ~iouth-East corner of the F. H. HAMMOND Survey Abstract No. 1972 being the :~orth-East corner or the said HIBBERT Survey for a corner of this boundary.

THENCE-West with the South line of the said HAMMOND Survey and the North line of the said HIBBERT Survey to the place Jf beginning.

The House amendment was read.

Senator Creighton moved to concur in the Hom:e amendment.

The motion prevailed by the following vote: Yc:as 28, Nays 0.

Yeas: Adams, Aikin, Andujar, Braecklein, Brooks, Clower, Creighton, Doggett, Farabee, Hance, Harrington. Harris, Jor.es, Kothmann, Lombardino, Longoria, Mauzy, McKinnon, Meier, Mengden, Moor~. Ogg, Patman, Santiesteban, Sherman, Snelson, Traeger and Williams.

Absent: Gammage and Schwartz.

Absent-excused: McKnight.

MOTION TO RECONSIDER VOTE BY WHICH COMMITTEE SUBSTITUTE SENATE BILL 1047 WAS J'JNALLY PASSED

Senator Patman moved to reconsider the vote by which C.S.S.B. 1047 was finally passed.

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Senator Meier raised the Point of Order that under the provisions of Senate Rule 23, the motion to reconsider was not a proper motion as Senator Patman had not voted on the prevailing side.

The President sustained the Point of Order.

NOTICE OF EXECUTIVE SESSION

Senator McKinnon gave notice that he would move for an Executive Session at 11:00 a.m. tomorrow.

SENATE BILL 52 ON SECOND READING

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

S.B. 52, A bill to be entitled An Act appropriating money for the Judicial, Executive and Legislative branches of the State Government (General Appropriation Bill), etc.; and declaring an emergency.

The bill was read second time.

PRIVILEGES OF THE FLOOR GRANTED

On motion of Senator Aikin and by unanimous consent, Jim Oliver, a member of the Legislative Budget Board, was granted Privileges of the Floor for the day.

Senator Aikin offered the Committee Amendment:

On motion of Senator Aikin and by unanimous consent, the Committee Amendment to S.B. 52 was ordered not printed in the Journal.

Senator Schwartz offered the following amendment to the Committee Amendment:

Amend Committee Amendment No. I by adding the following as a new Section 46 on page IV-103:

"Sec. 46. No moneys appropriated by this Article may be paid to or expended by any institution of higher education, including any institution which is attended by any student receiving aid under Articles 61.221 through 61.229, inclusive, Vernon's Texas Civil Statutes, and any institution which is otherwise entitled to receive state funds pursuant to Articles 61.091 through 61.095, inclusive, Vernon's Texas Civil Statutes, unless such institution, upon request of the Legislative Audit Committee, fully and completely submits to an audit by the State Auditor of the accounts, books, and other financial records of such institution in the manner provided in Articles 4413a-8 through 4413a-24, inclusive, Vernon's Texas Civil Statutes, for the audit of State Government, and unless such institution, upon request of the Legislative Audit Committee, fully and completely permits the State Auditor in connection with such audit to perform all duties and functions provided in said Articles 4413a-8 through 4413a-24, inclusive.".

The amendment to the Committee Amendment was read.

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On motion of Senator Aikin the amendment to the Committee Amendment was tabled.

RECORD OF VOTES

Senators Schwartz. Mauzy and Clower asked to be recorded as voting "Nay'' on the motion to table the amendment.

Senator Ogg offered the following amendment to the Committee Amendment:

Amend S.B. 52, Article IV, page IV-I, Appropriations to the Central Education Agency by changing the amounts appropriated at item 9E, Bi·Lingual Education as follows:

"9E Bi-lingual Education-­"1976- 10,055,754 "1977- I i,799,591" and change all sub-totals and methods of financing accordingly and add the

following as a new paragraph on page IV-2: "The amount of $3,839,754 for 1976 and $2,475,591 for 1977 included in 9(e)

above arc contingent on final passage of S.B. 96 by the 64th Legislature, Regular Session.".

The amendment to the Committee Amendment was read.

Senator Aikin raised the Point of Order against further consideration of the amendment as the legislation which would require the appropriation of funds has not passed the Legislature.

The President sustained the Point of Order.

Senator Ogg offered the following amendment to the Committee Amen9ment:

Amend C.S.S.B. 52, page 111-131 by making the following changes: (I) Increasing the salary schedules for Patrolman I to

12,408 13,692 (2) Increasing the salary schedules for Patrolm m I I to

13,248 14,148 and change all sub-totals and methods of financing accordingly.

The amendment to the Committee Amendment was read.

On mofion of Senator Aikin the amendment to the Committee Amendment was tabled.

RECORD OF VOTE

Senator Ogg asked to be recorded as voting .. N :ry" on the motion to table the amendment to the Committee Amendment.

The Committee Amendment was then adopted.

The bill as amended was passed to engrossment.

SENATE BILL 52 ON THIRD READING

Senator Aikin moved that the Constitutional Ruh and Senate Rule 68 requiring bills to be read on three several days be suspended anc. that S.B. 52 be placed on its

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third reading and final passage.

The motion prevailed by the following vote: Yeas 30, Nays 0.

Yeas: Adams, Aikin, Andujar, Braccklein, Brooks, Clower. Creighton, Doggett. Farabee. Gammage. Hance, Harrington, Harris, Jones, Kothmann, Lombardino, Longoria, Mauzy, McKinnon, Meier, Mengden, Moore, Ogg, Patman, Santiesteban, Schw~lrtz, Sherman, Snelson, Traeger and Williams.

Ahsent·cxcused: McKnight.

The President then laid the bill before the Senate on its third reading and final pass.:tge.

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0.

Yeas: Adams, Aikin, Andujar, Braecklcin, Brooks, Clower, Creighton, Doggett, Farabee, Gammage. Hance. Harrington, Harris, Jones, Kothrnann, Lombardino, Longoria, Mauzy, McKinnon, Meier, Mengden, Moore, Ogg. Patman, Santiesteban, Schwartz, Sherman, Snelson, Traeger and Williams.

Absent-excused: McKnight.

COMMITTEE SUB~TITUTE HOUSE BILL 1535 ON SECOND READING

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

C.S.H.B. 1535, A bill to be entitled An Act relating to the valuation of open-space land used to support the raising of livestock or produce farm crops or forest products; the determination of a capitalization rate; disqualification and penalty; stating an effective date; and declaring an emergency.

There was objection.

Senator Creighton then moved to suspend the regular order of business and take up C.S.H.B. 1535 for consideration at this time.

The motion prevailed by the following vote: Yeas 28. Nays 2.

Yeas: Aikin, Andujar, Braecklein, Brooks, Clower, Creighton, Doggett, Farabee, Gammage, Hance, Harrington, Harris, Jones, Kothmann, lombardino. Longoria, McKinnon, Meier, Mengden, Moore, Ogg, Patman, Santiesteban, Schwartz, Sherman, Snelson, Traeger and Williams.

Nays: Adams and Mauzy.

Absent-excused: McKnight.

The President laid the bill before the Senate on its second reading and passage to third reading.

The bill was read second time.

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Senator Sherman offered the following amendment to the bill:

Amend C.S.H.B. 1535 by adding the following language: On page 2, line 14, after the word "by" and before the word "the'' insert the

words "rule promulgated by". On page 2, line 24, insert at the beginning of the ::entence the words "Pursuant

to rule-making authority, (t]he" and continue with the n:mainder of the sentence.

The amendment was read and was adopted.

Senate Clower offered the following amendment to the bill:

Amend C.S.H.B. 1535 by striking Subsection 3 of Section I and all other reference to ''forest products" or "forestry enterprises".

The amendment was read.

Senator Creighton moved to table the amendment.

The motion to table prevailed by the following vo:e: Yeas 18, Nays 10.

Yeas: Aikin, Andujar, Brooks, Creighton, Farabee, Hance, Harrington, Harris, Jones, Kothmann, Lombardino, McKinnon, Meier, Mengden, Ogg, Santiesteban, Traeger and Williams.

Nays: Adams, Braecklein, Clower, Doggett, Longoria, Mauzy, Patman, Schwartz, Sherman and Snelson.

Absent: Gammage and Moore.

Absent-excused: McKnight.

Senator Hance offered the following amendment tt) the bill:

Amend H.B. 1535 by adding to Sec. 6 the followiug: "'Natural Conditions' means those conditions of soil fertility, available moisture

and weather factors which exist concerning the open-space land in question without regard to artificial, synthetic or additive influences supplied by man"; and adding the words "under natural conditions" as in the bill passed in the House.

The amendment was read.

Senator Creighton moved to table the amendment.

The motion to table prevailed by the following vot,~: Yeas 23, Nays 6.

Yeas: Adams, Aikin, Andujar, Braecklein, Brooks, Clower, Creighton, Doggett, Gammage, Harrington, Harris, Jones, Kothmann, Lombardino, Mauzy, Meier, Mengden, Ogg, Patman, Schwartz, Snelson, Traeger and Williams.

Nays: Farabee, Hance, Longoria, McKinnon, San :iestcban and Sherman.

Absent: Moore.

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Absent-excused: McKnight.

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

The bill as amended was passed to third reading.

RECORD OF VOTES

Senators Adams, Mauzy and Braecklein asked to be recorded as voting "Nay" on the passage of the bill to third reading.

COMMITTEE SUBSTITUTE HOUSE BILL 1535 ON THIRD READING

Senator Creighton moved that the Constitutional Rule and Senate Rule 68 requiring bills to be read on three several days be suspended and that C.S.H.B. 1535 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 26, Nays 4.

Yeas: Aikin, Brooks, Clower, Creighton, Doggett, Farabee, Gammage, Hance. Harrington, Harris, Jones, Kothmann, Lombardino, Longoria, McKinnon, Meier, Mengden, Moore, Ogg, Patman, Santiesteban, Schwartz, Sherman, Snelson, Traeger and Williams.

Nays: Adams, Andujar, Braecklein and Mauzy.

Absent·excuscd: McKnight.

The President then laid the bill before the Senate on its third reading and final passage.

The bill was read third time and was passed.

RECORD OF VOTES

Senators Adams, Braecklein, Mauzy and Ogg asked to be recorded as voting "Nay" on the final passage of the bill.

HOUSE CONCURRENT RESOLUTION 52 ON SECOND READING

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

H.C.R. 52, Memorializing Congress to enact legislation to require all states to develop oil and gas resources as Texas is doing.

There was objection.

Senator Williams then moved to suspend the regular order of business and take up H.C.R. 52 for consideration at this time.

The motion prevailed by the following vote: Yeas 27, Nays 3.

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Yeas: Adams, Aikin, Andujar, Braccklein, Brooks. Creighton. Doggett, Farabee, Gammage. Hance, Harrington, Harris, Jon,!S, Kothmann. Lombardino, Longoria, McKinnon. Meier, Mengden, Moore, Ogg, Pal.man, Santiesteban, Sherman, Snelson, Traeger and Williams.

Nays: Clower, Mauzy and Schwartz.

Absent-excused: McKnight.

The President laid the resolution before the Sene tc on its second reading and final passage.

The resolution was read second time.

Question - Shall the resolution be adopted?

BILLS AND RESOLUTIONS SIGNED

The President announced the signing in the presence of the Senate after the caption had been read. the following enrolled bills and Tt!Solutions:

S.CR. 72 S.CR. 73

S.B. 212 S.B. 355 S.B. 459 S.B. 492 S.B. 868 S.B. 1008

RECESS

On motion of Senator Aikin the Senate at 12:05 c'clock p.m. took recess until I :30 o'clock p.m. today.

AFTER RECESS

The Senate met at 1:30 o'clock p.m. and was called to order by the President.

HOUSE BILLS POSTPONED

On motion of Senator Adams and by unanimous consent, consideration of all House Bills remaining on the Calendar was postponed ur.til Friday, May 16, 1975.

SENATE RESOLUTION 509 ON SECOI',·D READING

On motion of Senator Meier and by unanimous consent, the regular order of business was suspended to take up for consideration at tt is time:

S.R. 509, Creating Special Interim Committee 011 legislative redistricting for House of Representatives.

The resolution was read and was adopted.

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May 15, 1975 SENATE JOURNAL 1465

CONFERENCE COMMITTEE REPORT ON HOUSE BILL 409 ADOPTED

Senator Mauzy called from the President's table the Conference Committee Report on li.B. 409. (The Confcn.:ncc Committee Report having been filed with the Scni.ltc and read on yesterday.)

On motion of Senator Mauzy, the Conference Committee Report was adopted.

RECORD OF VOTES

Senators Snelson and Jones asked to be recorded as voting "Nay .. on the adoption of the Conference Committee Report.

HOUSE BILL ON FIRST READING

The following bill received from the House was read the lirst time and referred to the Committee indicated:

H.B. 1097, To Special Committee on Reapportionment, pursuant to S.R. 509.

SENATE BILL 519 WITH HOUSE AMENI>MENTS

Senator Sherman called S.B. 519 from the President's table for consideration of the House amendments to the bill.

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

COMMITTEE AMENDMENT NO. 1

A mend S.B. 519 as follows: (I) Delete "but in his absence'' on lines 17 and \8, page 3 and substitute the

word "and". (2) Delete the word "chairman" on line 18. page 3 and substitute the word

··vice·chairman ... (3) Insert the words "preside and"' between the words •;to"' and ''vote" on line

19. page 3.

COMMITTEE AMENI>MENT NO. 2

/\mend Committee Amendment No. I to S.B. 519 by striking Item (3).

COMMITTEE AMENI>MENT NO. 3

Amend S.B. 519 by renumbering Section 8 as Section I 0 and inserting new Sections 8 and 9 to read as follows:

"Sec. 8. CONTRACTS WITH LEGISLATURE. The house of representatives and the senate may contract with the Governor's Energy Advisory Council to formulate, reassess. and modify a state energy policy for recommendation to the legislature. Payments for services shall be made from appropriation items of the house of representatives or the senate from which like expenditures would normally be made. Payments to the Governor's Energy Advisory Council shall be deposited in the Energy Development Fund.

"Sec. 9. EXPIRATION. This Act expires on September I. 1977."

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1466 64th LEGISLATURE-- REGULAR SESSION

AMEND:v!ENT NO. 4

Amend Committee Amendment No. 2 to S.B. 519 by striking the quoted Section 8 and renumbering Section 9 as Section 8.

The House amendments were read.

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

The motion prevailed.

The President asked if there were any motions to instruct the Conference Commiltec on S.B. 519 before appointment.

There were no motions offered.

The President announced the appointment of the following conferees on the part of the Senate on the bill: Senators Sherman, Jones, Farabee, Snelson and Williams.

COMMITTEE SUBSTITUTE SENATE BILL 635 ON THIRD READING

Senator Farabee asked unanimous consent to ~;uspend the regular order of business to take up for consideration at this time:

C.S.S.B. 635, A bill to be entitled An Act rclati:lg to Patient's Compensation Act of Texas; providing for certain definitions: providing that contracts of cure be in writing: relating to patient's remedy against health care provider who does not qualify: providing for place of filing of patient's claims and statement of dollar amount of claim in pleadings: providing the date Act is applicable to health care negligence claims; providing for a limitation of recovery on patient's claims; relating to advance payments by a defendant; providing for filing of proof of financial responsibility of health care providers; providing for a limitation period on the filing of claims against health care providers: providing for a patient's compensation fuud: providing for an annual surcharge on health care providers to maintain the fund; relating to settlement of claims against the fund; relating to attorneys fees: providing for !.he reporting of claims against health care providers to the Insurance Commissioner: rdating to the maintenance of and provisions in policies of professional liability insurance for health care providers; providing for the establishment and operation of a healt:1 care review panel; declaring an emergency.

There was objection.

Senator Farabee then moved to suspend the regular order of business and take up C.S.S.B. 635 for consideration at this time.

The motion prevailed by the following vote: Yeas 18, Nays 6.

Yeas: Adams, Aikin, Andujar, Braccklein, Brooks, Farabee, Harris. Jones, Lombardino. Longoria, McKinnon, Meier, Mengden, :>atman, Schwartz, Sherman, Snelson and Traeger.

Nays: Doggett, Gammage, Hance, Harrington, Kothmann and Mauzy.

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May 15. 1975 SENATE JOURNAL 1467

Absent: Clower, Creighton, Moore, Ogg and Santiesteban.

Absent-excused: McKnight.

PAIRED VOTE

Senator Williams (present), who would vote "Yea'', with Senator Ogg (absent), who would vote "Nay"'.

The President laid the bill before the Senate on its third reading and final passage.

The bill was read third time.

Senator Farabee offered the following amendment to the bill:

Amend Farabee floor amendment to S.B. 635. Section 7, by adding a new Subsection (3) and renumbering the (3) to (4) and (4) to (5). Said new Subsection (3) to read as follows:

"(3) If the award exceeds the maximum herein for all elements of damages, the patient shall be entitled to recover over and above $500,000.00 from the fund, that amount of the judgment which was found to be necessary to provide the reasonable expenses for necessary medical and hospital care prior to the judgment and that amount which was found to have heen within reasonable probability required in the future for tn.:atment of the condition resulting from health care negligence.''

The amendment was read and was adopted by the following vote: Yeas 24, Nays I.

Yeas: Adams, Aikin, Andujar, Braecklein, Brooks, Doggetl, Farabee, Gammage, Hance, Harrington, Harris, Kothmann, Lornbardino, Longoria, Mauzy, McKinnon, Meier, Mengdcn, Patman, Schwartz, Sherman, Snelson, Traeger and Williums.

Nays: Jones.

Absent: Clower, Creighton, Moore, Ogg and Santiesteban.

Absent-excused: McKnight.

Senator Farabee offered the following amendment to the bill:

Amend Farabee floor amendment to S.D. 635, Section 9(b)(2), by striking the period after the word "circumstances" at the end of said subsection and putting a comma in its place and adding the phrase "except as provided herein".

The amendment was read and was adopted by unanimous consent.

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

The bill as amended was then finally passed by the following vote: Yeas 23, Nays 6.

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1468 64th LEGISLATURE-- REGULAR SESSION

Yeas; Adams, Aikin, Andujar, Braecklcin, Brooks, Clower. Creighton. Farabee, Hance, Harris. Jones, Lornbardino, Longoria. McKinnon. Meier. Mengden. Moore. Patman, Santiesteban, Sherman, Snelson. Traegt.:r and Williams.

Nays: Doggclt. Gammage. Harrington. Kothma 111. Mauzy and Sch\\ artz.

Absent: Ogg.

AhseJll.excused: McKnight.

SENATE BILL 1036 ON THIRD NEADING

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

S.B. 1036, A bill to be entitled An Act amending Title 63, Revised Civil Statutes of Texas; providing that the provisions of Title 63 shull not apply to construction in any city or town which has adopted a nationally recognized model building code; providing that construction completed in accordance with the nationally recognized model building code shall be deemed to comply with Title 63; providing for severability: repealing all laws or parts of laws in conflict herewith; and declaring an emergency.

There was objection.

Senator Harris then moved to suspend the regular order of business and take up S.B. 1036 for consideration at this time.

The motion prevailed by the following vote: Yeas 22, Nays 7.

Yeas: /\dams, Andujar, Braecklein, Brooks, Creighton, Doggett, Farabee, ll~mce, Harrington, Harris, Jones, Kothmann, Lomhardino, Longoria, McKinnon, Meier, Mengr.len, Moore, Santiesteban, Schwartz, Traeger and ·williams.

Nays: Aikin. Clower, Gammage. Mauzy, Patman, Sherman and Snelson.

Absent: Ogg.

Absent-excused: McKnight.

The President laid the bill before the Senate 0~1 its third reading and final passage.

The bill was read third time and was passed by ~he following vote: Yeas 21. Nays 8.

Yeas: Adams, Andujar, Braceklein, Brooks, Creighton, Doggett, Farabee, Hance. Harrington, Harris, Jones, Kothmann, Lorn Jardino, McKinnon. Meier, Mcngdcn, Moore, Santiesteban, Schwartz. Traeger and Williams.

Nays: Aikin. Clower, Gammage, Longoria. M.tuzy, Patman, Sherman and Snelson.

Absent: Ogg.

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May 15. 1975 SENATE JOURNAL 1469

Absent·cxcused: McKnight.

MOTION TO PLACE SENATE BILL 549 ON THIRD READING

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

S.B. 549, A bill to be entitled An Act amending Subchapter B. Chapter 55, Texas Education Code, by amending Subsection (b) of Section 55.171, and adding Suhscctions (e), (f). (g), and (h) to Section 55.171 relating to capital improvements and sites therefor in the Texas Medical Center in Houston for The Texas A&M University System in conjunction with Baylor College of Medicine to provide joint facilities for research and teaching the health professions; providing for the financing of same from general revenue and revenue bonds; authorizing the Board of Directors to accept grants and gifls: providing a severability clause; and declaring an emergency.

There was objection.

Senator Schwartz then moved to suspend the regular order of business and take up S.B. 549 for consideration at this time.

The motion was lost by the following vote (Not receiving two-thirds vote of the Members present): Yeas 17. Nays 12.

Yeas: Aikin, Andujar, Braecklein. Brooks, Clower, Gammage. Harrington, Harris, Kothmann, Lombardino, Longoria. Mengden, Moore, Santiesteban. Schwartz. Traeger and Williams.

Nays: Adams, Creighton, Doggett. Farabee, Hance. Jones, Mauzy, McKinnon, Meier. Patman. Sherman and Snelson.

Absent: Ogg.

Absent-excused: McKnight.

SENATE BILL 710 ON THIRD READING

On motion of Senator Mauzy and by unanimous conscnt.--rhe regular order of business was suspended to take up for con.;;idcration at this time on its third reading and final passage:

S.R. 710. A hill to be entitled An Act recognizing the educational and public service resources represented by the non-commercial cducationaljpublic television stations of Texas: declaring public policy regarding these stations: charging the Coordinating Board. Texas College and University Systems with the appropriate development of educationaljpublic television in Texas; defining its special duties and powers for this purpose: and declaring an rmergency.

The bill was read third time.

Senator Jones offered lhe following amendment to the bill:

Amend Subsection (2) of Section 3 of Sen<~te Bill 710 by deleting the words "a minimum grant of $50.000 and" so that the subsection will read as follows:

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1470 64th LEGISLATURE-- REGULAR SESSION

"Continuing education grant" means a grant to be a non-commercial television station based upon (i) a formula to be devised hy the Coordinating Board and (ii) a total of non-state funded budget for the station, with a maximum grant of $250,000 annually per stution. in recognition of the role of the no:l-commercial television stations of Texas in advancing continuing education among the people of this state.'.

The amendment was read and was adopted by ·Jnanimous consent.

Senator Jones offered the following amendment to the bill:

Amend Subsection (3) of Section 6 of Senate Bill 710 by deleting the words "a minimum grant of $50,000".

The amendment was read and was adopted by unanimous consent.

On motion of Senator Mauzy and by unanimous consent. the caption was amended to conform to the body of the bill as amend( d.

The bill as amended was then finally passed.

RECORD OF VOTE

St:nator Creighton asked to be recorded as votin&: ''Nay'' on the final passage of the bill.

COMMITTEE SUBSTITUTE SENATE BILL 955 ON SECOND READING

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

C.S.S.B. 955, A bill to be entitled An Act amending Article 22.23, Insurance Code, as amended, authorizing stipulated premium companies possessing certain unem.:umbered capital and surplus requirements to issue annuity contracts under certain conditions; providing for maintenance of such requirements; and declaring an emergency.

The bill was read second time and was passed to engrossment.

RECORD OF VOTES

Senators Mauzy and Clower asked to be reco:·ded as voting "Nay" on the passage of the bill to engrossment.

COMMITTEE SUBSTITUTE SENATE BILL 95!i ON THIRD READING

Senator Meier moved that the Constitutional Rul ~and Senate Rule 68 requiring bills to be read on three several days be suspended and that C.S.S.B. 955 be placed on its third reading and final passage.

The motion prevailed by the following vote: Ye3s 23, Nays 5.

Yeas: Adams, Aikin, Braecklein, Brooks, Creighton, Doggett. Farabee, Gammage, Hance, l-larrington, Harris. Jones, Kothrr:ann. Lombardino, Longoria, Meier. Mengden, Moore, Santiesteban, Schwartz. Shennan, Traeger and Williams.

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May 15, 1975 SENATE JOURNAL 1471

N<:~ys: Clower, Mauzy, McKinnon, Patman and Snelson.

Absent: Andujar and Ogg.

Absent-excused: McKnight.

The President then laid the bill bdore the Senate on its third reading and final passage.

The bill was read third time and was passed by the following vote: Yeas 22. Nays 6.

Yeas: Adams, Aikin. Braccklein, Brooks, Creighton, Doggett, Farabee, Gammage. Hance, Harrington, Harris, Jones, Kothmann. Lombardino, Longori<-l. Meier, Mcngden. Moore, Santiesteban, Schwartz, Traeger and Williams.

Nays: Clower, Mauzy, McKinnon, Patman. Sherman and Snelson.

Absent: Andujar and Ogg.

Absent-excused: McKnight.

COM~11TTEE SUBSTITUTE SENATE BILL 627 ON SECOND READING

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

C.S.S.B. 627, !\ bill to be entitled An Act relating to reinstatement of service credit in the Texas County and District Retirement System; amending Subsection 5 of Section 6, Chapter 127, Acts of the 60th Legislature, Regular Session, 1967, as amended (Article 6228g. Vernon's Texas Civil Statutes); and declaring an emergency.

There was objection.

Senator Clower then moved to suspend the regular order of business and take up C.S.S.B. 627 for consideration at this time.

The motion prevailed by the following vote: Yeas 26, Nays I.

Yeas: Adams, Aikin, Braecklein, Brooks, Clower, Doggett, Farabee, Gammage, Hance, Harrington, Jones, Kothmann, Lombardino, Longoria, Mauzy, McKinnon, Meier, Mengden, Moore, Patman, Santiesteban, Schwartz, Sherman, Snelson. Traeger and Williams.

Nays: Creighton.

Absent Andujar, Harris and Ogg.

Absent-excused: McKnight.

The President laid the bill before the Senate on its second reading and passage to engrossment.

The hill was read second lime and was passed to engrossment.

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1472 64th LEGISLATURE-- REGULAR SESSION

COMMITTEE SUBSTITUTE SENATE BILL 6!7 ON THIRI) REAI)ING

Senator Clower moved that the Constitutional Rule and Senate Rule 68 n:quiring bills to be read on three several days be susr·cnded and that C.S.S.B. 627 be placed on its third reading and final passage.

The motion prevailed by the following vote: 'teas 27. Nays 0.

Yeas: Adams. Aikin, Braecklein, Brooks, Clow~~r. Creighton. Doggett, Farubcc. G<1mmagc. Hance. Harrington, Jones, Kothmann. L.ombardino. Longoria, Mauzy. McKinnon, Meier. Mengden. Moore, Patman, Santiesteban, Schwartz. Sherman, Snelson, Traeger and Williams.

Absent: Andujar, Harris and Ogg.

Absent-excused: McKnight.

The President then laid the bill before the Senate on its third reading and final passage.

The bill was read third time and was passed by the following vote: Yeas 27. Nays 0.

Yeas: Adams. Aikin. Braecklein, Brooks. Clow<:r. Creighton, Doggett. Farabee, Gammage. Hance, Harrington, Jones. Kothmann, Lombardino, Longoria, Mauzy, McKinnon, Meier, Mengden, Moore. Patman. San:iesteban, Schwartz, Sherman, Snelson. Traeger and Williams.

Absent: Andujar. Harris and Ogg.

Absent-excused: McKnight.

LEAVE OF ABSENCE

Senator Ogg was granted leave of absence for th1: remainder of today on account of important business on motion of Senator Williams.

SENATE BILL 267 REREFERREI)

On motion of Senator Brooks and by unanimous consent, S.B. 267 was withdrawn from the Committee on Education and rereferred to the Committee on Human Resources.

SENATE RULE 103 SUSPENI)EI)

On rnotion of Senator Brooks and by unanimous consent, Senate Rule 103 was suspended as it applies to S.B. 267.

SENATE BILL 988 WITH HOUSE A\1ENnMENTS

Senator Harrington called S.B. 988 from the President's table for consideration of the House amendments to the bilL

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

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May 15. 1975 SENATE JOURNAL 1473

COMMITTEE AMENDMENT NO. I

Amend S.B. 9R8 by striking the word "A", page 4, line 19, and substituting in lieu thereof the word 'The".

COMMITTEE AMENDMENT NO. 2

Amend quoted Subdivision (k) of quoted Section 9 in S.D. 988 to read as follows:

"(k) To require the owner of plumbing, sewers, or other drains found to be in violation of the rules and regulations of the District to fill up, cleanse, drain, alter, r.clav, rc air, fix, or im rove the same as rna· be ordered or re uired bv anv rule or regulation of the District: and in the event of anv failure, neglect, or rc usa! to complv with such rule or regulation. or in the event there be no person in the District on whom the order to comply with such rule or regulation can be served, the District may after not less than 30 days written notice to said owner, by either personal service or certified mail, have such work done and such improvements made on account of the owner thereof. All costs, charges, and expenses incurred bv the District in accomplishing said work shall be a lien on the property upon which said work is done, on the filing of a memorandum of such hv the President of the Board of Directors under the seal of the District, and recording the same with the Countv Clerk of the county in which the property lies. The District may enforce said lien and institute suit in its name and obtain judgment against said owner for the amount so due as aforesaid in any Court having jurisdiction."

COMMITTEE AMENDMENT NO. 3

Amend S.B. 988 by striking all above the enacting clause and substituting the following:

"A BILL TO BE ENTITLED

"AN ACT

"relating to the authority of the Trinity Bay Conservation District to regulate plumbing. sewers, and other drains within the district and to adopt, publish, and enforce rules and regulations within the district; amending Sections 9 and 13. Chapter 282, Acts of the 51st Legislature. \949 (Article 8280-135, Vernon's Texas Civil Statutes); providing a penalty; and declaring an emergency.'·.

The House amendments were read.

Senator Harrington moved to concur in the House amendments.

The motion prevailed by the following vote: Yeas 29. Nays 0.

Yeas: Adams, Aikin, Andujar, Braecklein, Brooks. Clower, Creighton, Doggett, Farabee, Gammage, Hance, Harrington, Harris, Jones, Kothmann. Lombardino, Longoria, Mauzy, McKinnon, Meier, Mengden, Moore, Patman. Santiesteban, Schwartz, Sherman, Snelson, Traeger and Williams.

Absent-excused: McKnight and Ogg.

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1474 64th LEGISLATURE-- REGULAR SESSION

SENATE BILL 172 ON SECOND READING

On motion of Senator Mengden and by unanim(IUS consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

S.B. 172. A bill to be entitled An Act relaling to the state and political subdivisions of the state providing certain legal se1vices and indemnification for employee law enforcement officers; ;md declaring an emergency.

The bill was read second time.

Senator Mcngden offered the following Commi1tcc Amendment to the bill:

Amend S.B. 172 in Section I, adding the following words on line 7, bctwee.n the word "officers", and the word "shall" the following:

"And employees of the Texas Department of C)rrcctions". And in Section 2 add the words "or employee'' after the word "officer" on lines

14, 15, 16, 17, 18, and 19.

The Committee Amendment was read.

Senator Mengden offered the following substitute for the Committee Amendment:

Amend S.B. 172 by striking all below the enactin~ clause and substituting in lieu thereof the following:

"Section I. Definitions. As used in this Act, the term: "(a) 'Officer' means a peace officer. as that t(:rm is defined in Article 2.12,

Texas Code of Criminal Procedure, as now and hereaflcr amended. "(b) 'Unit of Government' means the State of Texas, or any of its agencies and

departments, any county, city, town, or village, or other political subdivision that employs one or more officers.

"Sec. 2. (a) Each unit of government, with respect to its own officers, is authorized to provide legal services and representation for any such officer, without cost to the officer, in any lawsuit for damages arising out of;; tort claim that the officer was acting, at the time the damages were sustained, in the discharge of his official duties.

"(b) After service of citation upon the officer in such lawsuit, such officer shall notify promptly the head of his department, if such officer is not the head of the law enforcement department of the unit of government by wl- om he is employed. The head of department shall promptly notify the legal counsd of his unit of government (Attorney General, county attorney, criminal district c ttorney, or counsel for other political subdivision), and, if the defendant officer is employed by a political subdivision, he shall also notify promptly the mayor or city manager, county judge, or other presiding officer of the political subdivision by whom he is employed.

"(c) Upon being notified of such lawsuit, the unit of government may timely offer to its defendant officer the services of counsel employed or retained by such unit of government. If such services are accepted by the defendant officer, such unit of government shall not be liable for any act or omission hy counsel so provided.

"(d) If the defendant officer refuses to accept the services of counsel provided by his unit of government, such officer shall provide his own legal counsel at such officer's own expense, but the unit of government shall be liable for other costs, not including the attorney's fee.

"(e) If the unit of government refuses to provi:le counsel for its defendant officer-, the unit of government shall timely notify in writing such officer of its refusal

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May 15, 1975 SENATE JOURNAL 1475

to provide counsel, such notice to be served personally on the officer, or by United Stak.s Registered Muil addressed to such officer at his last known residence address. Where tht: unit of government refuses to provide counsel in a lawsuit against its defendant officer based on a tort claim for damages, such officer may employ his own counsel, and if the Court finds in its final judgment that such officer was acting within the licopc of his authority and while performing his official duties at the time of the oL:currcm:c of the tort upon which the claim for damages is based, the unit of govcrnnH.:nt shall pay the reasonable attorney's fee for the counsel so engaged by such officer for his defense of the lawsuit.

"(f) No unit of government shall be liable for any judgment for money damages rendered against such officer. other than attorney's fee a:-td costs as prm·ided in this AL.:t.

"Sec. 3. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring that bills be read on three several days in each house be suspended. and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted."

The substitute for the Committee Amendment was read and was adopted.

The Committee Amendment as substituted was then adopted.

Senator Mengden offered the following amendment to the bill:

Amend S.D. 172 by striking all above the enacting clause, and substituting in lieu thereof the following:

"A BILL TO BE ENTITLED

"AN ACT

"authorizing the State of Texas, its agencies and departments, and all of its political subdivisions employing one or more peace officers to provide legal services and representation for such officers, without cost to the officer. in any lawsuit for damages arising out of a tort claim that such officer was acting at the time the damages were sustained in the discharge of his official duties; defining certain terms; providing procedures for retaining counsel for such officer; providing for immunity from liability for acts or omissions by counsel so provided; limiting the liability of units of government where the officer retains his own counsel; providing procedures in cases where the unit of government refuses to provide counsel; prescribing the conditions under which the unit of government is liable for attorney's fee of counsel retained by the officer; exempting all units of government from liability for judgment for money damages rendered against such officers: and declaring an emergency.".

The amendment was read and was adopted.

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

The bill as amended was passed to engrossment.

SENATE BILL 172 ON THIRD READING

Senator Mengden moved that the Constituional Rule and Senate Rule 68 requiring bills to be read on three several days be suspended and that S.D. 172 be placed

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1476 64th LEGISLATURE-- REGULAR SESSION

on its third reading and final passage.

The motion prevailed by the following vote: Y<:as 29, Nays 0.

Yeas: Adams. Aikin, Andujar, Braecklein, Brooks. Clower, Creighton, Doggett, Farabee. Gammage. Hance, Harrington, Harris, Jones, Kothmann. Lomb;udino, Longoria, Mauzy. McKinnon, Meier, Mengden, Moore, Patman, Santiesteban. Schwartz, ~herman, Snelson, Traeger and Williams.

1\bsent-cxcused: McKnight and Ogg.

The President then laid the bill before the Senatt: on its third reading and final passage.

The bill was read third time and was passed by the following vote: Yeas 29, Nays 0.

Yeas: Adams, Aikin, Andujar, Braecklein. Brooks, Clower, Creighton, Doggett, Farabee, Gammage, Hance, Harrington, Harris, J0nes, Kothmann, Lombardino, Longoria, Mauzy, McKinnon, Meier, Mengden. Moore, Patman. Santiesteban, Schwartz, Sherman, Snelson, Traeger and Williams.

Absent-excused: McKnight and Ogg.

MOTION TO PLACE SENATE BILL 812 ON SECOND ltEADING

Senator Santiesteban moved to suspend the regular order of business to take up for consideration at this time on its second reading anC: passage to engrossment:

S.B. 812, A bill to be entitled An Act relating to H_e regulation of the practice of sociul work and the creation, duties, and authority of the Social Workers' Board: providing penalties; and declaring an emergency.

Question - Shall unanimous consent be granted?

SENATE RULE 103 SUSPENDED

On motion of Senator Adams and bv unanimous consent, Senate Rule 103 was suspended as it applies to S.B. 1113 and s:B. 1111.

COMMIITEE APPOJNTEU

Pursuant to the provisions of S.R. S09, the President announced the appointment of the following Special Committee on Reapportionment: Senators Meier, Chairman; McKinnon, Vice-Chairman; Jones, Doggett, Harrington, Santiesteban, Schwartz. Longoria and Hance.

BILLS AND RESOLUTIONS SIGNED

The President announced the signing in the presi~nce of the Senate after the caption had been read, the following enrolled bills and resolutions:

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May 15. 1975 SENATE JOURNAL

H.B. 207 H.B. 276 H.B. 1105 H.B. 1330 H.B. 1738

H.C.R. 73 H.C.R. 115

NOTICES OF INTENT

1477

The following Notices of Intent were filed with the Secretary of the Senate;

Friday, May 16, 1975

H.C.R. 33 · Senator Sherman H.B. 42 · Senator Mauzy (Third reading) C.S.H.B. 82 · Senator Mauzy (Third reading) C.S.H.B. 275 - Senator Meier H.B. 602 - Senator Schwartz H.B. 610 - Senator Hance H.B. 785 - Senator Moore H.B. R36 . Senator Ogg H.B. 2032 · Senator Shermao C.S.S.B. 69 - Senator Moore S.R. 96 · Senator Ogg (Third reading) C.S.S.B. 109 · Senator Mauzy C.S.S.B. 110 · Senator Mauzy C.S.S.B. 117 · Senator Mengden C.S.S.B. 162 · Senator Harris S.B. 196 - Senator Santiesteban (Third reading) S.B. 240 · Senator Shcrmao C.S.S.B. 250 · Senator Mauzy S.B. 257 - Senator Mauzy C.S.S.B. 343 · Senator Brooks S.B. 418 - Senator Ogg (Third reading) S.B. 430 . Senator Mengden C.S.S.B. 448 · Senator Mauzy S.D. 493 - Senator Gammage S.B. 4% . Senator Mauzy (Third reading) S.D. 522 - Senator Santiesteban C.S.S.B. 526 - Senator Harrington C.S.S.B. 528 . Senator Traeger S.B. 549 - Senator Schwartz S.D. 557 - Senator Hance S.B. 594 - Senator Rraecklcin S.D. 674 - Senator Hance C.S.S.B. 706 . Senator Mauzy S.B. 719- Senator Mauzy S.B. 725 · Senator Patman C.S.S.B. 777 · Senator Mengden C.S.S.B. 781 - Senator Mengdeo C.S.S.B. 784 - Senator Harris S.B. 812 - Senator Santiesteban S.B. 842 - Senator Farabee S.D. 847 - Senator Hance

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1478 64th LEGISLATURE-- REGULA~ SESSION

S.B. 879 - Senator Patman CS.S.B. 884 - Senator Hance S.B. 899 - Senator Mauzy S.B. 905 - Senator Ogg CS.S.B. 908 - Senator Ogg CS.S.B. 923 -'Senator Moore CS.S.B. 939 - Senator Mauzy CS.S.B. 965 - Senator Brooks CS.S.B. 980 - Senator Mauzy S.B. 987 - Senator Ogg S.B. 1054 - Senator Schwartz S.B. 1078 - Senator Hance S.B. 1095 - Senator Moore S.B. 1098 - Senator Doggett S.B. 1102 - Senator Moore

MEMORIAL RESOLUTIONS

S.R. 566 - By Senator Snelson: Memorial resolution for Dr. Raymond M. Cavness.

S.R. 567- By Senator Snelson: Memorial resolution for Richard King (Dick) Lewis.

WELCOME AND CONGRATULATOR'< RESOLUTIONS

S.R. 559- By Senator Williams: Extending welcome to Felton Bonner II.

S.R. 560 - By Senator Brooks: Extending C•>ngratulations to Gwendolyn Bennett Pappas.

S.R. 561 - By Senator Adams: Extending congratulations to Alto, Texas.

S.R. 562 - By Senator Farabee: Extending wdcome to Lawrence Augustine Phillips.

S.R. 563- By Senator Farabee: Extending welcome to Elizabeth May Phillips.

S.R. 564- By Senator Clower: Extending we\cl)me to Reverend Ed Spivey.

S.R. 565- By Senator Brooks: Extending welcome to Reverend and Mrs. Roy Roberson.

S.R. 568 - By Senator Ogg: Extending wclcom: to John O'Connor.

ADJOURNMENT

On motion of Senator Moore the Senate at 2:50 o'clock p.m. ajourned until 9:30 o'clock a.m. tomorrow.