Tuesday, May 8, 2001 1799SENATE JOURNAL SIXTY-EIGHTH DAY

Tuesday, May 8, 2001 1799SENATE JOURNAL

The Senate met at 10:00 a.m. pursuant to adjournment and was called to orderby the President.

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

Absent-excused: Staples, West.

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

Rabbi Jimmy Kessler, Temple B'nai Israel, Galveston, offered the invocationas follows:

Our God and God of our ancestors, gathered in this chamber are thetrue protectors of the liberties of our people. Grant them Your choicestblessing. Bestow upon them wisdom, insight, and bravery. May they everbe aware of the trust we citizens have placed in them and may the wordsof their mouths, the meditations of their hearts, and the deeds of theirhands always be acceptable in Your sight. Amen.

On motion of Senator Truan and by unanimous consent, the reading of theJournal of the proceedings of yesterday was dispensed with and the Journal wasapproved.

LEAVES OF ABSENCE

On motion of Senator Shapiro, Senator Staples was granted leave of absencefor today on account of a death in the family.

On motion of Senator Van de Putte, Senator West was granted leave of absencefor today on account of important business.

CO-AUTHOR OF SENATE BILL 927

On motion of Senator Shapleigh and by unanimous consent, Senator Nelsonwill be shown as Co-author of SB 927.


On motion of Senator Lindsay and by unanimous consent, Senator Moncriefwill be shown as Co-author of SB 1834.

PROCEEDINGS

SIXTY-EIGHTH DAYTUESDAY, MAY 8, 2001

1800 77th Legislature — Regular Session 68th Day


On motion of Senator Lindsay and by unanimous consent, Senator Moncriefwill be shown as Co-author of SB 1835.

CO-AUTHOR OF SENATE BILL 1839On motion of Senator Moncrief and by unanimous consent, Senator Duncan

will be shown as Co-author of SB 1839.CO-AUTHOR OF SENATE JOINT RESOLUTION 53

On motion of Senator Lindsay and by unanimous consent, Senator Moncriefwill be shown as Co-author of SJR 53.

PERMISSION TO INTRODUCE BILLSSenator Truan moved to suspend Senate Rule 7.07(b) and Section 5,

Article III of the Texas Constitution to permit the introduction of the followingbills: SB 1841, SB 1842.

The motion prevailed by the following vote: Yeas 28, Nays 0, Present-notvoting 1.

Present-not voting: Mr. President.


SENATE BILLS ON FIRST READINGThe following bills were introduced, read first time, and referred to the

committees indicated:

SB 1841 by BarrientosRelating to the requirement that certain off-campus housing for students of institutionsof higher education be equipped with a fire protection sprinkler system; providing apenalty.To Committee on Education.

SB 1842 by ArmbristerRelating to the authority of a municipality to implement a photographic traffic signalenforcement system; providing for the imposition of civil penalties and providing acriminal penalty.To Committee on Criminal Justice.

GUESTS PRESENTED

Senator Brown was recognized and introduced to the Senate representativesof the Pearland Chamber of Commerce Leadership 2001 Class: Erika Bochat,Cheryl Calhoun, Linda Cowles, Davis Graham, Gary Idoux, Darlene Moody, TerrieMorgan, Deryl Tumlinson, and Sonya Turner, accompanied by Maury Walker.

The Senate welcomed its guests.

REPORT OF COMMITTEE ON NOMINATIONS

Senator Nelson submitted the following report from the Committee onNominations:

We, your Committee on Nominations, to which were referred the followingappointments, have had same under consideration and report them back to theSenate with a recommendation that they be confirmed.


Member, Texas Department of Housing and Community Affairs Board:Norberto Salinas, Hidalgo County.

Member, Texas Board of Human Services: Jerry Kane, Nueces County.

Member, Commission on Law Enforcement Officer Standards and Education:David N. James, Denton County.

Members, Texas Board on Aging: Richard A. Braun, Midland County;Nancy Lee Lund, Bowie County; Nelda P. Wray, M.D., M.P.H., Harris County.

Members, Texas Appraiser Licensing and Certification Board: Patrick H.Cordero, Jr., Midland County; William A. Faulk, Jr., Cameron County;L. W. "Wayne" Mayo, Collin County; James Melvin Synatzske, Erath County.

Judge, 234th Judicial District Court, Harris County: Bruce D. Oakley,Harris County.

Judge, 357th Judicial District Court, Cameron and Willacy Counties:J. Rolando Olvera, Jr., Cameron County.

Member, School Land Board: William F. Warnick, Lubbock County.

NOTICE OF CONSIDERATION OF NOMINATIONS

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

SENATE RULE 2.02 SUSPENDED(Restrictions on Admission)

On motion of Senator Gallegos and by unanimous consent, Senate Rule 2.02was suspended to grant floor privileges to the interns of the Gregory LunaMemorial Scholars Program during the deliberation of SR 956.

SENATE RESOLUTION 956

Senator Gallegos offered the following resolution:

WHEREAS, It is with great pleasure that the Texas Senate recognizes theinaugural class of the Gregory Luna Memorial Scholars Program instituted throughthe Senate Hispanic Research Council, Inc.; and

WHEREAS, In 1996, the Texas Senate Hispanic Caucus founded the TexasSenate Hispanic Research Council, Inc., a nonpartisan organization whose educationalmission includes the Gregory Luna Memorial Scholars Program named in honor of thelate Senator Gregory Luna of San Antonio; and

WHEREAS, Senator Luna was a tireless advocate for equal access to educationwho believed that a quality education is the key to a more effective and inclusivegovernment; and

WHEREAS, The Luna Scholar's program was created to provide opportunities forundergraduate and graduate students from across the state to serve as policy interns inthe Texas Senate during legislative sessions; and

WHEREAS, The following 11 graduate and undergraduate Luna Scholars havedemonstrated outstanding dedication and achievement in the offices of the members ofthe Senate Hispanic Caucus: Alejandrina Valdez of Austin, Zoraima Diaz of


Brownsville, Sabrina Fernandez, Marisol Ramon of Del Rio, Maria Elena Garcia,Christopher Jaquez of El Paso, Amanda Arizola of Fort Worth, Krisana Carvajal,Branden Lopez, Sandra Martinez-Styles, and Eduardo Tobias of San Antonio; now,therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, herebycommend these remarkable individuals for their service this session, and wish themthe very best as they prepare themselves to become the future leaders of our state andnation; and, be it further

RESOLVED, That a copy of this Resolution be presented to them as anexpression of high regard from the Texas Senate.

The resolution was read.

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

On motion of Senator Gallegos, the resolution was adopted by a vivavoce vote.

GUESTS PRESENTED

Senator Gallegos was recognized and introduced to the Senate AmandaArizola, Krisana Carvajal, Zoraima Diaz, Sabrina Fernandez, Maria Elena Garcia,Christopher Jaquez, Branden Lopez, Sandra Martinez-Styles, Marisol Ramon,Eduardo Tobias, and Alejandrina Valdez, accompanied by Giovanni Garibay,director.

The Senate welcomed its guests.

BILLS AND RESOLUTIONS SIGNED

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

HCR 6, HCR 32, HCR 44, HCR 45, HCR 46, HCR 47, HCR 80, SB 36, SB 55,SB 72, SB 76, SB 83, SB 116, SB 134, SB 154, SB 183, SB 379, SB 634, SB 644,SB 692, SB 708, SB 717, SB 833, SB 908, SB 926, SB 994, SB 1014, SB 1113,SB 1159, SB 1162, SB 1206, SB 1230, SB 1264, SB 1355, SB 1454, SB 1583,SB 1680, SB 1789, SCR 10, SCR 17, SCR 33, SCR 43.

PHYSICIAN OF THE DAYSenator Ogden was recognized and presented Dr. David Pope of Bryan as the

Physician of the Day.

The Senate welcomed Dr. Pope and thanked him for his participation in thePhysician of the Day program sponsored by the Texas Academy of FamilyPhysicians.

MESSAGE FROM THE GOVERNOR

The following Message from the Governor was read and was referred to theCommittee on Nominations:

Austin, TexasMay 8, 2001

TO THE SENATE OF THE SEVENTY-SEVENTH LEGISLATURE, REGULARSESSION:


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

TO BE MEMBERS OF THE TEXAS BOARD OF ARCHITECTURALEXAMINERS for terms to expire January 31, 2007:

Gordon Earl Landreth1309 Sealane DriveCorpus Christi, Texas 78412

(Mr. Landreth is being reappointed)

Janet Forgey ParnellHCR 2, Box 42Canadian, Texas 79014

(replacing Paula Day of Fort Worth whose term expired)

Linda Diane Steinbrueck1401 Darden Hill RoadDriftwood, Texas 78619

(replacing Cleveland Turner of Amarillo whose term expired)

TO BE MEMBERS OF THE TEXAS COMMISSION ON PRIVATE SECURITY forterms to expire January 31, 2007:

Joan Thompson Neuhaus2621 FenwoodHouston, Texas 77005

(Ms. Neuhaus is being reappointed)

Cephus S. "Dusty" Rhodes10720 Adauto CourtEl Paso, Texas 79935

(replacing Jess Ann Thomason of Midland whose term expired)

Linda J. Sadler3219 64th StreetLubbock, Texas 79413

(replacing Matthew Washington of Bellaire whose term expired)

Respectfully submitted,

/s/Rick PerryGovernor

SENATE RESOLUTION 941

Senator Fraser offered the following resolution:

WHEREAS, The Senate of the State of Texas joins the citizens of Central Texasin recognizing Colonel David B. Hall, Cavalry, United States Army, on the occasionof his retirement on June 30, 2001; and


WHEREAS, Colonel Hall began his career with the United States Army in 1972as Lieutenant of Cavalry at Fort Hood, Texas; he advanced through the ranks whileserving at posts in Georgia, Virginia, Louisiana, California, Germany, Korea, and thePhilippines; and

WHEREAS, In 1998, after serving for three years as Defense Attache to theRepublic of the Philippines, Colonel Hall returned to Texas, where he now commandsthe largest garrison in the United States Army at Fort Hood; and

WHEREAS, While in Texas, Colonel Hall has been successful in addressingissues affecting Fort Hood and the surrounding area; his leadership has helpedimprove the local infrastructure, and he has addressed many quality-of-life issues forthe military community and its neighbors in surrounding Texas communities; and

WHEREAS, Colonel Hall has also been instrumental in expanding Fort Hood'smilitary airfield, so that it might serve Central Texans as a commercial aviationfacility; and

WHEREAS, Texas has been fortunate to have such a distinguished gentleman asa resident of this state; when Colonel Hall retires on June 30, 2001, he leaves a legacyof civilian-military cooperation that will benefit Central Texans for generations tocome; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 77th Legislature, herebyexpress sincere gratitude to Colonel David B. Hall for the exceptional service he hasgiven Texas and the nation as a member of the United States Army and wish him bestof luck in his retirement; and, be it further

RESOLVED, That a copy of this Resolution be prepared for him as anexpression of deepest respect and appreciation from the Texas Senate.

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

GUESTS PRESENTED

Senator Fraser was recognized and introduced to the Senate Colonel David B.Hall and his wife, Susan.

The Senate welcomed Colonel and Mrs. Hall.

CONCLUSION OF MORNING CALL

The President at 10:45 a.m. announced the conclusion of morning call.

SENATE BILL 571 WITH HOUSE AMENDMENT

Senator Lucio called SB 571 from the President's table for consideration ofthe House amendment to the bill.

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

Amendment

Amend SB 571 by substituting in lieu thereof the following:

A BILL TO BE ENTITLEDAN ACT

relating to the "Go Texan" partner program and other programs and measures topromote Texas agriculture and agricultural products.

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


SECTION 1. Section 12.002, Agriculture Code, is amended to read as follows:Sec. 12.002. DEVELOPMENT OF AGRICULTURE. The department shall

encourage the proper development and promotion of agriculture, horticulture, andrelated industries.

SECTION 2. Section 12.0175, Agriculture Code, is amended to read as follows:Sec. 12.0175. GROWN IN TEXAS PROGRAM. (a) The [If the] department by

rule may establish [establishes] a program to promote and market agricultural productsgrown or processed in the state or products made from ingredients grown in the state.

(b) The[, the] department may charge a membership fee [not to exceed $50], asprovided by department rule, for each participant [producer that participates] in theprogram[. The fee shall be designed to recover the costs of promotion].

(c) The department may adopt rules necessary to administer a programestablished under this section, including rules governing the use of any registered logoof the department.

(d) The department may revoke or cancel a certificate of registration or licenseissued under a program established under this section if a participant fails to complywith a rule adopted by the department.

SECTION 3. Section 46.002, Agriculture Code, as added by Section 2,Chapter 186, Acts of the 76th Legislature, Regular Session, 1999, is amended to readas follows:

Sec. 46.002. DEFINITION. In this chapter "Texas agricultural product" meansan agricultural, apicultural, horticultural, silvicultural, viticultural, or vegetableproduct, either in its natural or processed state, that has been produced, processed, orotherwise had value added to the product in this state, including:

(1) equine species [bees];(2) feed for use by livestock or poultry [honey];(3) fish or other aquatic species [seafood];(4) [a forestry product;[(5)] livestock, [or] a livestock product, or a livestock by-product;(5) [(6)] planting seed; [or](6) [(7)] poultry, [or] a poultry product, or a poultry by-product; or(7) wildlife processed for food or by-products.

SECTION 4. Subsections (a) and (b), Section 46.008, Agriculture Code, as addedby Section 2, Chapter 186, Acts of the 76th Legislature, Regular Session, 1999, areamended to read as follows:

(a) The "Go Texan" partner program account is an account in the general revenuefund. The account is composed of:

(1) legislative appropriations;(2) gifts, grants, donations, and matching funds received under

Subsection (b);(3) money required to be deposited in the account under Section 502.2761,

Transportation Code; and(4) other money required by law to be deposited in the account.

(b) The department may solicit and accept gifts in kind, donations, and grants ofmoney from the federal government, local governments, private corporations, or otherpersons to be used for the purposes of this chapter.

SECTION 5. Subsections (a) and (c), Section 46.009, Agriculture Code, as addedby Section 2, Chapter 186, Acts of the 76th Legislature, Regular Session, 1999, areamended to read as follows:


(a) Funds received under this chapter may only be used for activities promotingthe sale of Texas agricultural products. The department by rule may allocate funds tocategories of eligible participants and to general or product-specific promotionalactivities. The department may use the funds in an amount not to exceed $5,000 in astate fiscal year for the purchase of food and beverage refreshments at "Go Texan"promotional events.

(c) The payment of the administrative expenses under the program may notexceed seven percent of the amount of the legislative appropriation each biennium forthe "Go Texan" partner program [average] account [balance for the fiscal year].

SECTION 6. Chapter 46, Agriculture Code, as added by Section 2, Chapter 186,Acts of the 76th Legislature, Regular Session, 1999, is amended by addingSection 46.0095 to read as follows:

Sec. 46.0095. SALE OF PROMOTIONAL ITEMS. (a) The department may sellor contract for the sale of "Go Texan" promotional items, including clothing, posters,and banners, designed to promote Texas agricultural products. The department mayuse its Internet website to advertise and sell those items.

(b) Money received from the sale of promotional items under this section shall bedeposited to the credit of the "Go Texan" partner program account in the generalrevenue fund.

SECTION 7. Subsection (b), Section 46.010, Agriculture Code, as added bySection 2, Chapter 186, Acts of the 76th Legislature, Regular Session, 1999, isamended to read as follows:

(b) The board shall include:(1) one representative [two representatives] from the department;(2) one representative from the United States Department of Agriculture

(USDA) Commodity Credit Corporation, involved in the promotion of agriculturalcommodities, who shall serve as a nonvoting member of the board and is not a memberfor purposes of establishing a quorum;

(3) one representative each from the radio, print, and television advertisingmedia;

(4) one representative from the advertising profession;(5) one consumer representative; [and](6) one representative from the Internet website or electronic commerce

industry;(7) one representative with demonstrated expertise in economic

analysis; and(8) other members the commissioner determines as necessary for the

purposes of this chapter.SECTION 8. Subsection (a), Section 502.2761, Transportation Code, is amended

to read as follows:(a) The department shall issue specially designed license plates for the following

vehicles [passenger cars and light trucks] to support the promotion of Texasagricultural products:

(1) farm vehicles, including farm tractors, farm trailers, and farmsemitrailers;

(2) passenger cars and light trucks; and(3) truck-tractors, semitrailers, and other commercial motor vehicles.


SECTION 9. This Act takes effect immediately if it receives a vote oftwo-thirds of all the members elected to each house, as provided by Section 39,Article III, Texas Constitution. If this Act does not receive the vote necessary forimmediate effect, this Act takes effect September 1, 2001.

The amendment was read.

Senator Lucio moved to concur in the House amendment to SB 571.





Senator Harris called SB 232 from the President's table for consideration ofthe House amendment to the bill.


Floor Amendment No. 1

Amend SB 232, on page 1, at the end of line 12, by adding the following:The department shall include a depiction of a fedora on each marker designed andconstructed under this section.


Senator Harris moved to concur in the House amendment to SB 232.




SENATE BILL 1196 WITH HOUSE AMENDMENTS

Senator Truan called SB 1196 from the President's table for consideration ofthe House amendments to the bill.

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

Amendment



relating to the use of certain practices in disciplining or techniques in managing thebehavior of public school students.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:SECTION 1. Subchapter A, Chapter 37, Education Code, is amended by adding

Section 37.0021 to read as follows:Sec. 37.0021. USE OF CONFINEMENT, RESTRAINT, SECLUSION, AND

TIME-OUT. (a) It is the policy of this state to treat all students with dignity and


respect. A student with a disability may not be confined in a locked box, closet, orother specially designed space as either a discipline management practice or a behaviormanagement technique.

(b) In this section:(1) "Restraint" means the use of physical force or a mechanical device to

restrict the free movement of all or a portion of a student's body.(2) "Seclusion" means a behavior management technique in which a student

is confined in a locked box, closet, or room that:(A) is designed solely to seclude a person; and(B) contains less than 50 square feet of space.

(3) "Time-out" means a behavior management technique in which, toprovide a student with an opportunity to regain self-control, the student is separatedfrom other students for a limited period in a setting:

(A) that is not locked; and(B) from which the student is not physically prevented from leaving.

(c) A school district employee or volunteer or an independent contractor of adistrict may not place a student in seclusion. This subsection does not apply to the useof seclusion in a facility to which the following law, rules, or regulations apply:

(1) the Children's Health Act of 2000, Pub. L. No. 106-310, any subsequentamendments to that Act, any regulations adopted under that Act, or any subsequentamendments to those regulations;

(2) 40 T.A.C. Sections 720.1001-720.1013; or(3) 25 T.A.C. Section 412.308(e).

(d) The commissioner by rule shall adopt procedures for the use of restraint andtime-out by a school district employee or volunteer or an independent contractor of adistrict in the case of a student receiving special education services underSubchapter A, Chapter 29. A procedure adopted under this subsection must:

(1) be consistent with:(A) professionally accepted practices and standards of student

discipline and techniques for behavior management; and(B) relevant health and safety standards; and

(2) identify any discipline management practice or behavior managementtechnique that requires a district employee or volunteer or an independent contractorof a district to be trained before using that practice or technique.

(e) In the case of a conflict between a rule adopted under Subsection (d) and a ruleadopted under Subchapter A, Chapter 29, the rule adopted under Subsection (d)controls.

(f) For purposes of this subsection, "weapon" includes any weapon describedunder Section 37.007(a)(1). This section does not prevent a student's locked,unattended confinement in an emergency situation while awaiting the arrival of lawenforcement personnel if:

(1) the student possesses a weapon; and(2) the confinement is necessary to prevent the student from causing bodily

harm to the student or another person.SECTION 2. Section 12.104(b), Education Code, is amended to read as follows:(b) An open-enrollment charter school is subject to:

(1) a provision of this title establishing a criminal offense; and


(2) a prohibition, restriction, or requirement, as applicable, imposed by thistitle or a rule adopted under this title, relating to:

(A) the Public Education Information Management System (PEIMS) tothe extent necessary to monitor compliance with this subchapter as determined by thecommissioner;

(B) criminal history records under Subchapter C, Chapter 22;(C) reading instruments and accelerated reading instruction programs

under Section 28.006;(D) satisfactory performance on assessment instruments and to

accelerated instruction under Section 28.0211;(E) high school graduation under Section 28.025;(F) special education programs under Subchapter A, Chapter 29;(G) bilingual education under Subchapter B, Chapter 29;(H) prekindergarten programs under Subchapter E, Chapter 29;(I) extracurricular activities under Section 33.081;(J) discipline management practices or behavior management

techniques under Section 37.0021;(K) health and safety under Chapter 38; and(L) [(K) ] public school accountability under Subchapters B, C, D,

and G, Chapter 39.SECTION 3. Not later than August 1, 2002, the commissioner of education shall

adopt rules required under Section 37.0021(d), Education Code, as added by this Act.SECTION 4. This Act takes effect September 1, 2001.

Floor Amendment No. 1 on Third Reading

Amend CSSB 1196 on third reading as follows:(1) In SECTION 1 of the bill, in proposed Subsection (a), Section 37.0021,

Education Code (page 1, line 10), strike "closet, or other specially designed space" andsubstitute "locked closet, or other specially designed locked space".

(2) In SECTION 1 of the bill, in proposed Subdivision (2), Subsection (b),Section 37.0021, Education Code (page 1, line 18), strike "closet, or room" andsubstitute "locked closet, or locked room".

(3) In SECTION 3 of the bill, after the period (page 4, line 20), insert thefollowing:Until the commissioner adopts those rules, the use of restraint and time-out, asdefined by Subsection (b), Section 37.0021, Education Code, as added by this Act,by a school district employee or volunteer or an independent contractor of a districtin the case of a student receiving special education services under Subchapter A,Chapter 29, Education Code, is governed by school district policy.Section 37.0021, Education Code, as added by this Act, governs the use ofseclusion as defined by Subsection (b) of that section beginningSeptember 1, 2001.

The amendments were read.

On motion of Senator Truan, the Senate concurred in the House amendmentsto SB 1196 by a viva voce vote.



Senator Armbrister called SB 288 from the President's table for considerationof the House amendment to the bill.


Amendment No. 1

Amend SB 288 as follows:On page 2, line 4, strike "competent accountant" and insert financial officer.


On motion of Senator Armbrister, the Senate concurred in the Houseamendment to SB 288 by a viva voce vote.


Senator Armbrister called SB 1380 from the President's table for considerationof the House amendments to the bill.


Amendment



relating to the administration and application of the sex offender registration programand to other requirements imposed on persons by the sex offender registrationprogram.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:SECTION 1. Section 11(e), Article 42.12, Code of Criminal Procedure, is

amended to read as follows:(e) A judge granting community supervision to a defendant required to register as

a sex offender under Chapter 62 shall require that the defendant, [the registration] asa condition of community supervision:

(1) register under that chapter; and(2) submit a blood sample or other specimen to the Department of Public

Safety under Subchapter G, Chapter 411, Government Code, for the purpose ofcreating a DNA record of the defendant, unless the defendant has already submittedthe required specimen under other state law.

SECTION 2. Chapter 62, Code of Criminal Procedure, is amended by addingArticle 62.0101 to read as follows:

Art. 62.0101. DETERMINATION REGARDING SUBSTANTIALLY SIMILARELEMENTS OF OFFENSE. (a) The department is responsible for determining for thepurposes of this chapter whether an offense under the laws of another state, federallaw, or the Uniform Code of Military Justice contains elements that are substantiallysimilar to the elements of an offense under the laws of this state.

(b) An appeal of a determination made under this article shall be brought in adistrict court in Travis County.

SECTION 3. Articles 62.021(a) and (c), Code of Criminal Procedure, areamended to read as follows:


(a) This article applies to a person who:(1) is required to register as a sex offender under:

(A) the laws of another state with which the department has entered intoa reciprocal registration agreement; or

(B) federal law or the Uniform Code of Military Justice; and(2) [who] is not otherwise required to register under this chapter because:

(A) [(1)] the person does not have a reportable conviction for an offenseunder the laws of the other state, federal law, or the Uniform Code of Military Justicecontaining elements that are substantially similar to an offense requiring registrationunder this chapter; or

(B) [(2)] the person does not have a reportable adjudication ofdelinquent conduct based on a violation of an offense under the laws of the other stateor federal law containing elements that are substantially similar to an offense requiringregistration under this chapter.

(c) The [expiration of the] duty to register for a person described bySubsection (a) expires on the date the person's duty to register would expire under thelaws of [in] the other state had the person remained in that state, under federal law, orunder the Uniform Code of Military Justice, as applicable.

SECTION 4. Article 62.03, Code of Criminal Procedure, is amended by addingSubsection (i) to read as follows:

(i) If a person who is subject to the newspaper publication requirements ofSubsection (e) is not under community supervision, parole, or mandatory supervision,the local law enforcement authority obtaining publication of notice regarding theperson as required by that subsection shall collect from the person an amount equal tothe cost incurred by the authority in obtaining the publication. The cost of thepublication of notice must be established by written receipt.

SECTION 5. Article 62.04, Code of Criminal Procedure, is amended by addingSubsection (j) to read as follows:

(j) If a person who is subject to the newspaper publication requirements ofSubsection (f) is not under community supervision, parole, or mandatory supervision,the local law enforcement authority obtaining publication of notice regarding theperson as required by that subsection shall collect from the person an amount equal tothe cost incurred by the authority in obtaining the publication. The cost of thepublication of notice must be established by written receipt.

SECTION 6. Article 62.045(e), Code of Criminal Procedure, is amended to readas follows:

(e) An owner, builder, seller, or lessor of a single-family residential real propertyor any improvement to residential real property or that person's broker, salesperson, orother agent or representative in a residential real estate transaction does not have a [theowner's agent has no] duty to make a disclosure to a prospective buyer or lessee[tenant] about registrants under this chapter. To the extent of any conflict between thissubsection and another law imposing a duty to disclose information about registeredsex offenders, this subsection controls.

SECTION 7. Article 62.06, Code of Criminal Procedure, is amended by addingSubsection (e) to read as follows:

(e) For purposes of this article, a person receives multiple convictions or ordersof deferred adjudication regardless of whether:


(1) the judgments or orders are entered on different dates; or(2) the offenses for which the person was convicted or placed on deferred

adjudication arose out of different criminal transactions.SECTION 8. Article 62.11, Code of Criminal Procedure, is amended to read as

follows:Art. 62.11. APPLICABILITY. (a) This chapter applies only to a reportable

conviction or adjudication occurring on or after September 1, 1970, except that theprovisions of Articles 62.03 and 62.04 of this chapter relating to the requirement ofnewspaper publication apply only to a reportable conviction or adjudication occurringon or after:

(1) September 1, 1997, if the conviction or adjudication relates to an offenseunder Section 43.05, Penal Code; or

(2) September 1, 1995, if the conviction or adjudication relates to any otheroffense listed in Article 62.01(5).

(b) Except as provided by Subsection (c), the duties imposed on a person requiredto register under this chapter on the basis of a reportable conviction or adjudication,and the corresponding duties and powers of other entities in relation to the personrequired to register on the basis of that conviction or adjudication, are not affected by:

(1) an appeal of the conviction or adjudication; or(2) a pardon of the conviction or adjudication.

(c) If a conviction or adjudication that is the basis of a duty to register under thischapter is set aside on appeal by a court or if the person required to register under thischapter on the basis of a conviction or adjudication receives a pardon on the basis ofsubsequent proof of innocence, the duties imposed on the person by this chapter andthe corresponding duties and powers of other entities in relation to the person areterminated.

SECTION 9. Article 62.12(a), Code of Criminal Procedure, is amended to read asfollows:

(a) The duty to register for a person ends when the person dies if the person has[with] a reportable conviction or adjudication, other than an adjudication of delinquentconduct, for:

(1) a sexually violent offense;(2) [or for] an offense under Section 25.02, 43.05(a)(2), or 43.26,

Penal Code;(3) an offense under Section 21.11(a)(2), Penal Code, if before or after the

person is convicted or adjudicated for the offense under Section 21.11(a)(2), PenalCode, the person receives or has received another reportable conviction oradjudication, other than an adjudication of delinquent conduct, for an offense orconduct that requires registration under this chapter; or

(4) an offense under Section 20.02, 20.03, or 20.04, Penal Code, or anattempt, conspiracy, or solicitation to commit one of those offenses, if:

(A) the judgment in the case contains an affirmative finding underArticle 42.015, as added by Chapter 1193, Acts of the 76th Legislature, RegularSession, 1999, or for a deferred adjudication, the papers in the case contain anaffirmative finding that the victim or intended victim was younger than 17 years ofage; and

(B) before or after the person is convicted or adjudicated for the offenseunder Section 20.02, 20.03, or 20.04, Penal Code, the person receives or has received


another reportable conviction or adjudication, other than an adjudication of delinquentconduct, for an offense or conduct that requires registration under this chapter [, endswhen the person dies].

SECTION 10. Sections 54.0405(a) and (b), Family Code, are amended to read asfollows:

(a) If a court or jury makes a disposition under Section 54.04 in which a childdescribed by Subsection (b) is placed on probation [and the court determines that thevictim of the offense was a child as defined by Section 22.011(c), Penal Code], thecourt:

(1) may require as a condition of probation that the child:(A) [(1)] attend psychological counseling sessions for sex offenders as

provided by Subsection (e); and(B) [(2)] submit to a polygraph examination as provided by

Subsection (f) for purposes of evaluating the child's treatment progress; and(2) shall require as a condition of probation that the child:

(A) register under Chapter 62, Code of Criminal Procedure; and(B) submit a blood sample or other specimen to the Department of

Public Safety under Subchapter G, Chapter 411, Government Code, for the purpose ofcreating a DNA record of the child, unless the child has already submitted the requiredspecimen under other state law.

(b) This section applies to a child placed on probation for conduct constituting anoffense for which the child is required to register as a sex offender under Chapter 62,Code of Criminal Procedure[:

[(1) under Section 21.08, 21.11, 22.011, 22.021, or 25.02, Penal Code;[(2) under Section 20.04(a)(4), Penal Code, if the child engaged in the

conduct with the intent to violate or abuse the victim sexually; or[(3) under Section 30.02, Penal Code, punishable under Subsection (d) of

that section, if the child engaged in the conduct with the intent to commit a felony listedin Subdivision (1) or (2) of this subsection].

SECTION 11. Section 411.148(a), Government Code, is amended to read asfollows:

(a) An inmate of the institutional division or other penal institution shall provideone or more blood samples or other specimens taken by or at the request of theinstitutional division for the purpose of creating a DNA record if the inmate has notalready provided the required specimen under other state law and if the inmate isordered by a court to give the sample or specimen or is serving a sentence for:

(1) an offense:(A) under Section 19.02, Penal Code (murder), or Section 22.02, Penal

Code (aggravated assault);(B) under Section 30.02, Penal Code (burglary), if the offense is

punishable under Subsection (c)(2) or (d) of that section; or(C) for which the inmate is required to register as a sex offender under

Chapter 62, Code of Criminal Procedure[, as added by Chapter 668, Acts of the 75thLegislature, Regular Session, 1997]; or

(2) any offense if the inmate has previously been convicted of or adjudicatedas having engaged in:

(A) an offense described in Subsection (a)(1); or(B) an offense under federal law or laws of another state that involves

the same conduct as an offense described by Subsection (a)(1).



(a) A juvenile who is committed to the Texas Youth Commission shall provideone or more blood samples or other specimens taken by or at the request of thecommission for the purpose of creating a DNA record if the juvenile has not alreadyprovided the required specimen under other state law and if the juvenile is ordered bya juvenile court to give the sample or specimen or is committed to the commission foran adjudication as having engaged in delinquent conduct that violates:

(1) an offense:(A) under Section 19.02, Penal Code (murder), or Section 22.02, Penal

Code (aggravated assault);(B) under Section 30.02, Penal Code (burglary), if the offense is

punishable under Subsection (c)(2) or (d) of that section; or(C) for which the juvenile is required to register as a sex offender under

Chapter 62, Code of Criminal Procedure[, as added by Chapter 668, Acts of the 75thLegislature, Regular Session, 1997]; or

(2) a penal law if the juvenile has previously been convicted of oradjudicated as having engaged in:

(A) a violation of a penal law described in Subsection (a)(1); or(B) a violation of a penal law under federal law or the laws of another

state that involves the same conduct as a violation of a penal law described bySubsection (a)(1).


(a) A parole panel shall require as a condition of parole or mandatory supervisionthat a releasee required to register as a sex offender under Chapter 62, Code ofCriminal Procedure:

(1) register under that chapter; [and](2) pay to the releasee's supervising officer an amount equal to the cost, as

evidenced by written receipt, incurred by the applicable local law enforcementauthority for providing notice for publication to a newspaper as required by thatchapter; and

(3) submit a blood sample or other specimen to the Department of PublicSafety under Subchapter G, Chapter 411, for the purpose of creating a DNA record ofthe releasee, unless the releasee has already submitted the required specimen underother state law.

SECTION 14. Sections 61.0813(a) and (b), Human Resources Code, areamended to read as follows:

(a) Before releasing a child described by Subsection (b) under supervision, thecommission:

(1) may require as a condition of release that the child:(A) [(1)] attend psychological counseling sessions for sex offenders as

provided by Subsection (e); and(B) [(2)] submit to a polygraph examination as provided by

Subsection (f) for purposes of evaluating the child's treatment progress; and(2) shall require as a condition of release that the child:

(A) register under Chapter 62, Code of Criminal Procedure; and(B) submit a blood sample or other specimen to the Department of

Public Safety under Subchapter G, Chapter 411, Government Code, for the purpose of


creating a DNA record of the child, unless the child has already submitted the requiredspecimen under other state law.

(b) This section applies to a child [only if:[(1) the child has been] adjudicated for engaging in delinquent conduct

constituting an offense for which the child is required to register as a sex offenderunder Chapter 62, Code of Criminal Procedure[:

[(A) under Section 21.08, 21.11, 22.011, 22.021, or 25.02, Penal Code;[(B) under Section 20.04(a)(4), Penal Code, if the child engaged in the

conduct with the intent to violate or abuse the victim sexually; or[(C) under Section 30.02, Penal Code, punishable under Subsection (d)

of that section, if the child engaged in the conduct with the intent to commit a felonylisted in Paragraph (A) or (B) of this subdivision; and

[(2) the victim of the conduct described by Subdivision (1) was a child asdefined by Section 22.011(c), Penal Code].

SECTION 15. (a) The change in law made by Sections 1, 10, 13, and 14 of thisAct applies to an offense committed or conduct engaged in before, on, or after theeffective date of this Act.

(b) If a defendant, releasee, or child is required as a condition of communitysupervision, parole, or mandatory supervision to submit a blood sample or otherspecimen to the Texas Department of Public Safety and that person has not previouslysubmitted the required specimen under other state law, the court, the parole panel, orthe Texas Youth Commission shall modify the conditions of supervision or parole, asapplicable, to require the submission of the specimen.

SECTION 16. The change in law made by this Act in adding Articles 62.0101and 62.06(e), Code of Criminal Procedure, and in amending Article 62.021, Code ofCriminal Procedure, applies to a person required to register as a sex offender underChapter 62, Code of Criminal Procedure, under the laws of another state, under federallaw, or under the Uniform Code of Military Justice before, on, or after the effectivedate of this Act.

SECTION 17. The change in law made by this Act in adding Articles 62.03(i)and 62.04(j), Code of Criminal Procedure, applies only to an offense committed on orafter the effective date of this Act. An offense committed before the effective date ofthis Act is covered by the law in effect when the offense was committed, and the formerlaw is continued in effect for that purpose. For purposes of this section, an offense wascommitted before the effective date of this Act if any element of the offense occurredbefore that date.

SECTION 18. The change in law made by this Act in amending Article 62.11,Code of Criminal Procedure, applies to an offense committed or conduct engaged inbefore, on, or after the effective date of this Act.

SECTION 19. The change in law made by this Act in amending Article 62.12(a),Code of Criminal Procedure, applies to a defendant with a reportable conviction oradjudication for an offense or conduct under Section 21.11(a)(2), Penal Code, that wascommitted before, on, or after the effective date of this Act, and a defendant with areportable conviction or adjudication for an offense or conduct underSection 20.02, 20.03, or 20.04, Penal Code, that was committed on or afterSeptember 1, 1999.

SECTION 20. This Act takes effect September 1, 2001.


Amend CSSB 1380 by adding appropriately numbered SECTIONS to read asfollows and renumbering existing SECTIONS accordingly:


SECTION _____. Article 62.045(b), Code of Criminal Procedure, is amended toread as follows:

(b) The department shall provide the notice in English and Spanish and shallinclude in the notice any information that is public information under this chapter. Thedepartment may not include any information that is not public information under thischapter.

SECTION _____. Article 62.0451(b), Code of Criminal Procedure, is amended toread as follows:

(b) The department shall provide the notice in English and Spanish and shallinclude in the notice any information that is public information under this chapter.The department may not include any information that is not public informationunder this chapter.

Floor Amendment No. 1 on Third Reading

Amend CSSB 1380 on third reading by adding an appropriately numberedSECTION to read as follows and by renumbering existing SECTIONS accordingly:

SECTION _____. Article 62.08, Code of Criminal Procedure, is amended to readas follows:

Art. 62.08. CENTRAL DATABASE; PUBLIC INFORMATION. (a) Thedepartment shall maintain a computerized central database containing only theinformation required for registration under this chapter.

(b) The information contained in the database is public information, with theexception of any information:

(1) regarding the person's social security number, driver's license number, ortelephone number;

(2) that is required by the department under Article 62.02(b)(5); or(3) that would identify the victim of the offense for which the person is

subject to registration.(c) Notwithstanding Chapter 730, Transportation Code, the department shall

maintain in the database, and shall post on any department website related to thedatabase, any photograph of the person that is available through the process forobtaining or renewing a personal identification certificate or driver's license underSection 521.103 or 521.272, Transportation Code. The department shall update thephotograph in the database and on the available annually or as the photographotherwise becomes available through the renewal process for the certificate or license.

(d) A local law enforcement authority shall release public information describedunder Subsection (b) to any person who submits to the authority a written request forthe information. The authority may charge the person a fee not to exceed the amountreasonably necessary to cover the administrative costs associated with the authority'srelease of information to the person under this subsection.

(e) [(d)] On the written request of a licensing authority that identifies anindividual and states that the individual is an applicant for or a holder of a licenseissued by the authority, the department shall release any information described bySubsection (a) to the licensing authority.

(f) [(e)] For the purposes of Subsection (e) [(d)]:(1) "License" means a license, certificate, registration, permit, or other

authorization that:(A) is issued by a licensing authority; and(B) a person must obtain to practice or engage in a particular business,

occupation, or profession.


(2) "Licensing authority" means a department, commission, board, office,or other agency of the state or a political subdivision of the state that issues alicense.


On motion of Senator Armbrister, the Senate concurred in the Houseamendments to SB 1380 by a viva voce vote.


Senator Moncrief called SB 832 from the President's table for considerationof the House amendment to the bill.


Committee Amendment No. 1

SECTION 1. Amend SB 832 by inserting "the state auditor," between the "," andthe word "and" on page 2, line 21 of the bill.

SECTION 2. Amend SB 832 by inserting "the state auditor," between the ","and the word "and" on page 3, line 10 of the bill.


Senator Moncrief moved to concur in the House amendment to SB 832.




COMMITTEE SUBSTITUTEHOUSE BILL 2258 ON THIRD READING

On motion of Senator Moncrief and by unanimous consent, the regular orderof business was suspended to take up for consideration at this time on its thirdreading and final passage:

CSHB 2258, Relating to the identification of certain nursing home residentshaving a mental illness or mental retardation.

The bill was read third time.

Senator Moncrief offered the following amendment to the bill:


Amend CSHB 2258 (Senate committee printing) by striking all below theenacting clause and substituting the following:

SECTION 1. Subchapter F, Chapter 242, Health and Safety Code, is amended byadding Section 242.158 to read as follows:

Sec. 242.158. IDENTIFICATION OF CERTAIN NURSING HOMERESIDENTS REQUIRING MENTAL HEALTH OR MENTAL RETARDATIONSERVICES. (a) Each resident of a nursing home who is considering making atransition to a community-based care setting shall be identified to determine thepresence of a mental illness or mental retardation, regardless of whether the resident isreceiving treatment or services for a mental illness or mental retardation.


(b) In identifying residents having a mental illness or mental retardation, thedepartment shall use an identification process that is at least as effective as the mentalhealth and mental retardation identification process established by federal law. Theresults of the identification process may not be used to prevent a resident fromremaining in the nursing home unless the nursing home is unable to provide adequatecare for the resident.

(c) The department shall compile and provide to the Texas Department of MentalHealth and Mental Retardation information regarding each resident identified ashaving a mental illness or mental retardation before the resident makes a transitionfrom the nursing home to a community-based care setting.

(d) The Texas Department of Mental Health and Mental Retardation shall use theinformation provided under Subsection (c) solely for the purposes of:

(1) determining the need for and funding levels of mental health and mentalretardation services for residents making a transition from a nursing home to acommunity-based care setting;

(2) providing mental health or mental retardation services to an identifiedresident after the resident makes that transition; and

(3) referring an identified resident to a local mental health or mentalretardation authority or private provider for additional mental health or mentalretardation services.

(e) This section does not authorize the department to decide for a resident of anursing home that the resident will make a transition from the nursing home to acommunity-based care setting.

SECTION 2. This Act takes effect September 1, 2001.

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

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

CSHB 2258 as amended was finally passed by a viva voce vote.

HOUSE BILL 2908 ON SECOND READING

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

HB 2908, Relating to transferring the Texas Strategic Military PlanningCommission to the office of the governor.

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

HOUSE BILL 2908 ON THIRD READING

Senator Truan moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that HB 2908be placed on its third reading and final passage.





The bill was read third time and was passed by the following vote: Yeas 28,Nays 0, Present-not voting 1. (Same as previous roll call)

COMMITTEE SUBSTITUTESENATE BILL 853 ON SECOND READING

On motion of Senator Harris and by unanimous consent, the regular order ofbusiness was suspended to take up for consideration at this time on its secondreading and passage to engrossment:

CSSB 853, Relating to service of citation and publication of certain noticesrequired by law.

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

RECORD OF VOTE

Senator Truan asked to be recorded as voting "Nay" on the passage ofCSSB 853 to engrossment.

COMMITTEE SUBSTITUTESENATE BILL 853 ON THIRD READING

Senator Harris moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that CSSB 853be placed on its third reading and final passage.


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

Nays: Truan.



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

RECORD OF VOTE

Senator Truan asked to be recorded as voting "Nay" on the final passage ofCSSB 853.

SENATE BILL 1214 ON SECOND READING

On motion of Senator Madla and by unanimous consent, the regular order ofbusiness was suspended to take up for consideration at this time on its secondreading and passage to engrossment:


SB 1214, Relating to authorizing defense base development authorities to enterinto credit agreements and to create nonprofit airport facility financing corporations.

The bill was read second time.

Senator Jackson offered the following amendment to the bill:


Amend SB 1214, by adding SECTION 3 to read as follows and renumberingexisting SECTIONS accordingly:

SECTION 3. Section 22.024, Transportation Code, is amended by addingSubsection (d) to read as follows:

(d) Notwithstanding Subsection (a), the competitive bidding requirements ofChapters 252 and 272, Local Government Code, do not apply to an exchange, sale,lease, or other disposition of land or other real property interest by a municipality if:

(1) the land or other property interest is part of an air navigation facility thatis a former military installation; and

(2) the disposition:(A) is part of a plan to redevelop the facility as an airport-related

industrial park or community; and(B) promotes the best interest of the municipality.

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

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

SB 1214 as amended was passed to engrossment by a viva voce vote.

SENATE BILL 1214 ON THIRD READING

Senator Madla moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that SB 1214be placed on its third reading and final passage.






On motion of Senator Zaffirini and by unanimous consent, the regular orderof business was suspended to take up for consideration at this time on its secondreading and passage to engrossment:

SB 32, Relating to the application fee for a disabled parking placard.



Senator Zaffirini offered the following committee amendment to the bill:


Amend the introduced version of SB 32 as follows:In Section 3 strike the words "September 1, 2001" and substitute

"September 1, 2004" (introduced version, page 1, line 21.)

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

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

SB 32 as amended was passed to engrossment by a viva voce vote.


Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that SB 32 beplaced on its third reading and final passage.






On motion of Senator Barrientos and by unanimous consent, the regular orderof business was suspended to take up for consideration at this time on its secondreading and passage to engrossment:

SB 107, Relating to requiring sex offenders released on communitysupervision, parole, or mandatory supervision to maintain a certain distance fromany premises where children frequently gather.

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


Senator Barrientos moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that SB 107 beplaced on its third reading and final passage.



Absent-excused: Staples, West.The bill was read third time and was passed by a viva voce vote.


On motion of Senator Duncan and by unanimous consent, the regular orderof business was suspended to take up for consideration at this time on its secondreading and passage to engrossment:


CSSB 174, Relating to the exemption from ad valorem taxation of tangiblepersonal property held at certain locations only temporarily for assembling,manufacturing, processing, or other commercial purposes.


Senator Duncan offered the following amendment to the bill:


Amend CSSB 174 (Committee Printing) as follows:(1) In SECTION 1 of the bill, proposed Subsection (a), Section 11.252, Tax

Code, on page 1, lines 18 and 19, strike "property that is exempt from taxation under"and substitute "tangible personal property that meets the requirements of".

(2) In SECTION 4 of the bill, the proposed effective date clause, on page 3,line 10, between "to" and "exempt", insert "authorize the legislature to".


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

CSSB 174 as amended was passed to engrossment by a viva voce vote.

RECORD OF VOTES

Senators Bernsen and Truan asked to be recorded as voting "Nay" on thepassage of CSSB 174 to engrossment.


Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that CSSB 174be placed on its third reading and final passage.


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

Nays: Bernsen, Truan.




RECORD OF VOTES

Senators Bernsen and Truan asked to be recorded as voting "Nay" on the finalpassage of CSSB 174.

COMMITTEE SUBSTITUTESENATE JOINT RESOLUTION 6 ON SECOND READING

On motion of Senator Duncan and by unanimous consent, the regular orderof business was suspended to take up for consideration at this time on its secondreading and passage to engrossment:


CSSJR 6, Proposing a constitutional amendment to exempt from ad valoremtaxation tangible personal property held at certain locations only temporarily forassembling, manufacturing, processing, or other commercial purposes.

The resolution was read second time.

Senator Duncan offered the following amendment to the resolution:


Amend CSSJR 6 (Committee Printing) as follows:(1) In SECTION 1 of the resolution, proposed Subsection (a), Section 1-n,

Article VIII, Texas Constitution, on page 1, line 17, between "state," and "goods",insert "the legislature by general law may exempt from ad valorem taxation".

(2) In SECTION 1 of the resolution, proposed Subsection (a), Section 1-n,Article VIII, Texas Constitution, on page 1, line 19, strike "are exempt fromad valorem taxation".

(3) In SECTION 1 of the resolution, proposed Subsection (c), Section 1-n,Article VIII, Texas Constitution, on page 1, line 54, between "authorized by" and "thissection", insert "the legislature under".

(4) In SECTION 1 of the resolution, proposed Subsection (c), Section 1-n,Article VIII, Texas Constitution, on page 1, line 56, between "authorized by" and "thissection", insert "the legislature under".

(5) In SECTION 1 of the resolution, proposed Subsection (d), Section 1-n,Article VIII, Texas Constitution, on page 1, line 60, between "exempt" and "underSubsection (a)", insert "under a law adopted".

(6) In SECTION 2 of the resolution, in the proposed constitutional electionballot language, on page 2, lines 8 and 9, strike "providing for the exemption fromad valorem taxation of" and substitute "authorizing the legislature to exempt fromad valorem taxation".


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

CSSJR 6 as amended was passed to engrossment by a viva voce vote.

RECORD OF VOTES

Senators Bernsen and Truan asked to be recorded as voting "Nay" on thepassage of CSSJR 6 to engrossment.

COMMITTEE SUBSTITUTESENATE JOINT RESOLUTION 6 ON THIRD READING

Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that CSSJR 6be placed on its third reading and final passage.


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


Nelson, Ogden, Shapiro, Shapleigh, Sibley, Van de Putte, Wentworth, Whitmire,Zaffirini.

Nays: Bernsen, Truan.



The resolution was read third time and was passed by the following vote:Yeas 26, Nays 2, Present-not voting 1. (Same as previous roll call)

(Senator Brown in Chair)


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

HB 1687, Relating to the powers and duties of the Texas Animal HealthCommission.


COMMITTEE SUBSTITUTEHOUSE BILL 772 ON SECOND READING

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

CSHB 772, Relating to the eligibility of certain offenders for medicallyrecommended intensive supervision and the provision of facilities for thoseoffenders.


COMMITTEE SUBSTITUTEHOUSE BILL 772 ON THIRD READING

Senator Armbrister moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that CSHB 772be placed on its third reading and final passage.






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


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


RECORD OF VOTE

Senator Ogden asked to be recorded as voting "Nay" on the passage ofHB 2218 to third reading.


Senator Van de Putte moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that HB 2218be placed on its third reading and final passage.


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

Nays: Ogden.




MESSAGE FROM THE HOUSE

HOUSE CHAMBERAustin, TexasMay 8, 2001

The Honorable President of the SenateSenate ChamberAustin, Texas

Mr. President:

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

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HCR 117, Memorializing congress to amend the Motor Voter Law.

Respectfully,

/s/Sharon Carter, Chief ClerkHouse of Representatives


(President in Chair)

HOUSE CONCURRENT RESOLUTION 196ON SECOND READING

On motion of Senator Duncan and by unanimous consent, Senate Rule 5.14(a)and the regular order of business were suspended to take up for consideration atthis time on its second reading:

HCR 196, Designating Lubbock as the Texas City of Vatican Art forYear 2002.

The resolution was read second time and was adopted by a viva voce vote.


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

HB 1245, Relating to the relationship between separate and communityproperty during a marriage.


Senator Harris offered the following committee amendment to the bill:


Amend HB 1245 as follows:1. On page 2, strike lines 3-6, and substitute the following:

"subtracting from the fair market value of the property as of a specific date the amountof a lawful lien specific to the property on that same date."

2. On page 2, line 22, strike the word "lien" and replace with the word "debt."3. Page 9 strike lines 9-16 and substitute the following:Sec. 3.410. EFFECT OF MARITAL PROPERTY AGREEMENTS. A premarital

or marital property agreement, whether executed before, on, or after the effective dateof this subchapter, which satisfies the requirements of Chapter 4 is effective to waive,release, assign, or partition a claim for economic contribution under this subchapter tothe same extent the agreement would have been effective to waive, release, assign, orpartition a claim for reimbursement under the law as it existed immediately before theeffective date of the initial enactment of this subchapter of September 1, 1999, unlessthe agreement provides otherwise.

4. Page 11 strike lines 13-16 and substitute the following:(2) order that a claim for an economic contribution by one separate marital

estate of a spouse to the community marital estate of the spouses be awarded to theowner of the contributing separate marital estate; and

5. Page 12, strike lines 10-13 and substitute the following:(c) Section 3.410, Family Code, as added by this Act, applies to a premarital

property agreement or marital property agreement executed on or after the effectivedate of this subchapter of September 1, 1999.

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

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

HB 1245 as amended was passed to third reading by a viva voce vote.



Senator Harris moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that HB 1245be placed on its third reading and final passage.






Senator Whitmire called SB 1185 from the President's table for considerationof the House amendments to the bill.



Amend SB 1185 as follows:(1) In SECTION 1 of the bill, at the end of proposed Section 246.001(3), Local

Government Code, (Committee Printing, page 1, line 23), insert "The term does notinclude a flood control regulation."

(2) In SECTION 1 of the bill, in proposed Section 246.003(d)(2), LocalGovernment Code (Committee Printing, page 3, line 19), strike "property" andsubstitute "expansion".


Amend SB 1185 in SECTION 1 of the bill, by striking proposed Section 246.002,Local Government Code (Committee Printing page 2, lines 15-16), and substitutingthe following:

Sec. 246.002 APPLICABILITY. This chapter applies only to a criticalfacility that:

(1) existed on April 1, 2001; and(2) is being expanded to provide space and facilities for competing

telecommunications utilities because of requirements in:(A) the Communications Act of 1934, 47 U.S.C. Section 151 et seq., as

amended; or(B) Subchapters G and H, Chapter 60, Utilities Code.


On motion of Senator Whitmire, the Senate concurred in the Houseamendments to SB 1185 by a viva voce vote.

SENATOR ANNOUNCED PRESENT

Senator West, who had previously been recorded as "Absent-excused," wasannounced "Present."


VOTES RECORDED

Senator West asked unanimous consent to be recorded as voting as follows onlegislation passed today during his absence:

"Yea" on CSSJR 6 by Duncan,"Yea" on SB 107 by Barrientos,"Nay" on CSSB 174 by Duncan.

The request was granted without objection.

MOTION TO PLACECOMMITTEE SUBSTITUTE


Senator Duncan asked unanimous consent to suspend the regular order ofbusiness to take up for consideration at this time:

CSSB 801, Relating to the liability of certain state-operated treatment facilitiesand mental health facilities.

There was objection.

Senator Duncan then moved to suspend the regular order of business and takeup CSSB 801 for consideration at this time.

The motion was lost by the following vote: Yeas 14, Nays 13, Present-notvoting 1. (Not receiving two-thirds vote of Members present)

Yeas: Armbrister, Bivins, Brown, Carona, Duncan, Fraser, Harris, Haywood,Jackson, Lindsay, Nelson, Ogden, Shapiro, Sibley.

Nays: Barrientos, Bernsen, Gallegos, Lucio, Madla, Moncrief, Shapleigh,Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini.


Absent: Cain, Ellis.

Absent-excused: Staples.


Senator Madla asked unanimous consent to suspend the regular order ofbusiness to take up for consideration at this time:

CSSB 1558, Relating to defense base development authorities.

There was objection.

Senator Madla then moved to suspend the regular order of business and takeup CSSB 1558 for consideration at this time.


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


Nelson, Shapleigh, Sibley, Truan, Van de Putte, Wentworth, West, Whitmire,Zaffirini.

Nays: Bivins, Ellis, Ogden, Shapiro.




(Senator Fraser in Chair)

Senator Sibley offered the following amendment to the bill:


Amend CSSB 1558 by adding the following new SECTION:SECTION _____. Section 378.001, Local Government Code, is amended by

amending subsection (5) as follows:(5) "Defense base" means a military installation or facility closed or realigned

under the Defense Base Closure and Realignment Act of 1990 (10 U.S.C.Section 2687 note) and its subsequent amendments, or a closed military installationor facility now operated by a public technical institute as defined bySection 61.003, Education Code, and that is located in a county with a populationof more than 210,000 and less than 230,000.


Senator Bivins offered the following amendment to the amendment:


Amend Floor Amendment No. 1 to SB 1558 by adding Ellington Air ForceBase and the former Amarillo Air Force Base.

The amendment to the amendment was read and was adopted by a viva vocevote.

Question recurring on the adoption of Floor Amendment No. 1 as amended,the amendment as amended was adopted by the following vote: Yeas 24,Nays 4, Present-not voting 1.

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

Nays: Bernsen, Truan, Wentworth, Whitmire.


Absent: Duncan.



(President in Chair)

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

CSSB 1558 as amended was passed to engrossment by the following vote:Yeas 20, Nays 7, Present-not voting 1.

Yeas: Armbrister, Barrientos, Bernsen, Brown, Cain, Carona, Fraser, Gallegos,Harris, Lindsay, Lucio, Madla, Moncrief, Nelson, Sibley, Van de Putte, Wentworth,West, Whitmire, Zaffirini.

Nays: Bivins, Ellis, Jackson, Ogden, Shapiro, Shapleigh, Truan.


Absent: Duncan, Haywood.



Senator Madla moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that CSSB 1558be placed on its third reading and final passage.


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

Nays: Bivins, Jackson, Ogden, Truan.

Present-not voting: Shapleigh, Mr. President.

Absent: Shapiro.


The bill was read third time and was passed by the following vote: Yeas 22,Nays 6, Present-not voting 1.

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

Nays: Bivins, Ellis, Jackson, Ogden, Shapleigh, Truan.


Absent: Shapiro.


BILL SIGNED

The President announced the signing of the following enrolled bill in thepresence of the Senate after the caption had been read: SB 1498.



On motion of Senator Zaffirini and by unanimous consent, the regular orderof business was suspended to take up for consideration at this time on its secondreading and passage to engrossment:

CSSB 1809, Relating to the issuance of permits for the operation of oversizeand overweight vehicles on certain highways by the City of Laredo; providing apenalty.


Senator Shapleigh offered the following amendment to the bill:


Amend CSSB 1809 by adding a new section to the bill, appropriately numbered,to read as follows, and renumbering subsequent sections accordingly:

SECTION _____. Chapter 623, Transportation Code, is amended by addingSubchapter M to read as follows:

SUBCHAPTER M. CITY OF EL PASO PERMITSSec. 623.301. PERMITS BY CITY OF EL PASO. (a) The department may

authorize the City of El Paso to issue permits for the movement of oversize oroverweight vehicles carrying cargo between any of the following internationalbridges, ports of entry, and state highways and Interstate Highway 10:

(1) Bridge of the Americas Port of Entry;(2) Zaragosa Port of Entry;(3) Loop 375;(4) Border Highway; and(5) Fabens Port of Entry.

(b) The department may not authorize the issuance of a permit for the movementof equipment and commodities with a gross weight of more than 120,000 pounds.

Sec. 623.302. USE OF PERMIT FEES. If the City of El Paso issues permitsunder this subchapter, permit fees collected under this subchapter may be used only bythe City of El Paso to fund the maintenance of the state highways subject to thissubchapter.

Sec. 623.303. FEES FOR PERMITS. The amount of the fee for a permit issuedunder this subchapter is the fee otherwise required for a permit issued by thedepartment under this chapter for the oversize or overweight vehicle. The City ofEl Paso may not collect an extra fee for issuing a permit under this subchapter.

Sec. 623.304. PERMIT REQUIREMENTS. (a) A permit issued under thissubchapter must include:

(1) the name of the applicant;(2) the date of issuance;(3) the signature of the officer or employee of the City of El Paso authorized

to approve the issuance of the permit;(4) a statement of the kind of cargo being transported over the roadway

designated in the permit, the maximum weight and dimensions of the equipment, andthe kind and weight of each commodity to be transported;

(5) a statement of any condition on which the permit is issued;


(6) a statement that the cargo shall be transported over the most direct routefrom the applicable port of entry to Interstate Highway 10;

(7) the name of the driver of the vehicle in which the cargo is to betransported; and

(8) the location where the cargo was loaded.(b) The City of El Paso shall report to the department all permits issued under this

subchapter.Sec. 623.305. TIME OF MOVEMENT. A permit issued under this subchapter

shall specify the time in which movement authorized by the permit is allowed.Sec. 623.306. SPEED LIMIT. Movement authorized by a permit issued under

this subchapter may not exceed the lesser of the posted speed limit or 55 miles per hour.An offense under this subsection is a Class C misdemeanor and a moving violation.

Sec. 623.307. ENFORCEMENT. The Department of Public Safety may enforcethis subchapter.

Sec. 623.308. EXPIRATION. This subchapter expires March 1, 2005.


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

CSSB 1809 as amended was passed to engrossment by a viva voce vote.

RECORD OF VOTE

Senator Lindsay asked to be recorded as voting "Nay" on the passage ofCSSB 1809 to engrossment.


Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that CSSB 1809be placed on its third reading and final passage.


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

Nays: Lindsay.




RECORD OF VOTE

Senator Lindsay asked to be recorded as voting "Nay" on the final passageof CSSB 1809.



Senator Ogden moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that HB 1687be placed on its third reading and final passage:

HB 1687, Relating to the powers and duties of the Texas Animal HealthCommission.




The bill was read third time.

Senator Truan offered the following amendment to the bill:


Amend HB 1687 by striking SECTION 1 in its entirety and substituting thefollowing:

SECTION 1. Subchapter B, Chapter 161, Agriculture Code, is amended byadding Section 161.0311 to read as follows: Sec. 161.0311. ACCEPTANCE OFGIFTS AND GRANTS. (a) The commission may solicit and accept gifts, grants, anddonations for the purposes of this chapter.

(b) The commission shall report to the legislature by December 31 of eachyear the source and amount of each gift, grant, and donation received under thissection.

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

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

HB 1687 as amended was finally passed by the following vote: Yeas 29,Nays 0, Present-not voting 1.



SENATE RULES SUSPENDED(Posting Rules)

On motion of Sentor Shapiro and by unanimous consent, Senate Rule 11.10and Senate Rule 11.18 were suspended in order that the Committee on State Affairsmight meet and consider the following bills today:

HB 1772, HB 2, HB 2509, HB 678, HB 2277, HB 2278, HB 3181, HB 371,HB 3067, HB 893, SB 1836.


SENATE RULE 11.18 SUSPENDED(Posting Rule)

On motion of Senator Sibley and by unanimous consent, Senate Rule 11.18was suspended in order that the Committee on Business and Commerce mightconsider HB 2498 today.


On motion of Senator Brown and by unanimous consent, Senate Rule 11.18was suspended in order that the Committee on Natural Resources might considerthe following bills today: HB 2403, HB 2404.


On motion of Senator Armbrister and by unanimous consent, SenateRule 11.10 and Senate Rule 11.18 were suspended in order that the Committeeon Criminal Justice might meet and consider HB 598 today.


On motion of Senator Ellis and by unanimous consent, Senate Rule 11.10 andSenate Rule 11.18 were suspended in order that the Committee on Finance mightmeet and consider HB 1839 today.


On motion of Senator Bivins and by unanimous consent, Senate Rule 11.18was suspended in order that the Committee on Education might consider thefollowing bills tomorrow:

HB 2143, HB 1716, HB 6, HB 3699, HB 3258, HB 2006, HB 2007, HB 821.

BILLS SIGNED

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

HB 198, HB 482, HB 780, HB 1175.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

SR 961 by Wentworth, In memory of Louis Albert Schreiner II.

SR 963 by Ellis, In memory of Mary Arnsworth of Houston.

Congratulatory Resolutions

SR 958 by Madla, Recognizing the Nueces Canyon Chamber of Commerce, theCity of Camp Wood, the Lipan Apache Band of Texas, and San Lorenzo de laSanta Cruz, Incorporated.


SR 959 by Nelson, Commending Duncanville High School in Duncanville.

SR 960 by Nelson, Commending the Duncanville Police Department.

SR 964 by Ellis, Commending James E. Madison High School in Houston.

SR 965 by Ellis, Commending Read-Poland Associates.

SR 966 by Ellis, Congratulating Kenneth Alan Burrows.

SR 967 by Ellis, Congratulating Lisa Nicole Linney.

SR 968 by Ellis, Congratulating Amber Pennington.

SR 969 by Bernsen, Commending the Ozen High School Panthers basketball teamof Beaumont.

SR 970 by Shapleigh, Congratulating Arland R. "Mickey" Walker.

SR 971 by Jackson, Honoring the Galveston Independent School District Teacherof the Year nominees.

SR 972 by Jackson, Congratulating Kelly Wood of Galveston County.

SR 973 by Jackson, Congratulating Amy Lynn Gandy of Deer Park.

ADJOURNMENT

On motion of Senator Truan, the Senate at 1:55 p.m. adjourned, in memoryof Monsignor Kevin Heyburn and the Honorable Raul Longoria, until 8:00 a.m.tomorrow.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

May 8, 2001

BUSINESS AND COMMERCE — CSHB 606

ADMINISTRATION — HB 2439, HB 2312

HEALTH AND HUMAN SERVICES — CSSB 1839

JURISPRUDENCE — HCR 104, HB 59, HB 178, HB 689, HB 952, HB 978,HB 1015, HB 1220, HB 2814, HB 2882, HB 3134, HB 3403, HB 176 (Amended)

HEALTH AND HUMAN SERVICES — SCR 52, HB 998, HB 1072, HB 1187,HB 1307, HB 1591, HB 1651, HB 2103, HB 2543, HB 3572

NATURAL RESOURCES — CSHB 266, HB 2316, CSHB 2912, CSHB 835

EDUCATION — HB 1941, HB 1640, HB 2459, HB 2349, HB 2238, HB 1688,HB 2344, HB 323, HB 42, HB 457, HB 2888, HB 946, HB 3524, SB 903


STATE AFFAIRS — HB 495, HB 1196, HB 1535, HB 1718, HB 2336

HEALTH AND HUMAN SERVICES — CSHB 1001, CSHB 1004, CSHB 1006,CSHB 1691, CSHB 2602, CSHB 915

SIGNED BY GOVERNOR

May 7, 2001

SB 695, SB 802, SB 938, SB 1589, SCR 30, SCR 31, SCR 49

SENT TO GOVERNOR

May 8, 2001

SB 36, SB 55, SB 72, SB 76, SB 83, SB 116, SB 134, SB 154, SB 183, SB 379, SB 634,SB 644, SB 692, SB 708, SB 717, SB 833, SB 908, SB 926, SB 994, SB 1014,SB 1113, SB 1159, SB 1162, SB 1206, SB 1230, SB 1264, SB 1355, SB 1454,SB 1498, SB 1583, SB 1680, SB 1789, SCR 10, SCR 17, SCR 33, SCR 43

SIGNED BY GOVERNOR

May 8, 2001

SB 487

Tuesday, May 8, 2001 1799SENATE JOURNAL SIXTY-EIGHTH DAY

Documents

Transcript of Tuesday, May 8, 2001 1799SENATE JOURNAL SIXTY-EIGHTH DAY