Sixtieth Day
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Thursday, April 26, 2001SENATE JOURNAL 1453 SIXTIETH DAY THURSDAY, APRIL 26, 2001 PROCEEDINGS The Senate met at 10:00 a.m. pursuant to adjournment and was called to order by 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, Staples, Truan, Van de Putte, Wentworth, Whitmire, Zaffirini, Mr. President. Absent-excused: West. The President announced that a quorum of the Senate was present. The Reverend Bill Weaver, Shady Grove Baptist Church, North Richland Hills, offered the invocation as follows: We are grateful, our father, for Your providential care. May the people of Texas continue to experience truth, light, and hope. Guide the minds and hearts of these who lead from this Senate Chamber. May godly wisdom prevail. We seek mercy and grace which provide comfort and peace. May this Texas Senate lead in the establishment of a national character by seeking the true interest of those over whom they preside and establish a spirit by which this state and this nation are inspired. May this Texas Senate lead in a national return to our roots and experience Your favor within our culture and institutions. We ask in faith, believing. Cause it to be so. Amen. On motion of Senator Truan and by unanimous consent, the reading of the Journal of the proceedings of yesterday was dispensed with and the Journal was approved. LEAVE OF ABSENCE On motion of Senator Barrientos, Senator West was granted leave of absence for today on account of important business. CO-AUTHOR OF SENATE BILL 63 On motion of Senator Moncrief and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 63. CO-AUTHOR OF SENATE BILL 532 On motion of Senator Nelson and by unanimous consent, Senator Shapiro will be shown as Co-author of SB 532. 1454 77th Legislature — Regular Session 60th Day CO-AUTHOR OF SENATE BILL 805 On motion of Senator Van de Putte and by unanimous consent, Senator Lucio will be shown as Co-author of SB 805. CO-AUTHOR OF SENATE BILL 1592 On motion of Senator Moncrief and by unanimous consent, Senator Gallegos will be shown as Co-author of SB 1592. CO-AUTHOR OF SENATE BILL 1730 On motion of Senator Cain and by unanimous consent, Senator Bernsen will be shown as Co-author of SB 1730. PERMISSION TO INTRODUCE BILLS Senator Truan moved to suspend Senate Rule 7.07(b) and Section 5, Article III of the Texas Constitution to permit the introduction of the following bills: SB 1828, SB 1829. The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: West. SENATE BILLS ON FIRST READING The following bills were introduced, read first time, and referred to the committees indicated: SB 1828 by Lindsay Relating to the consolidated registration of certain fleets of motor vehicles. To Committee on State Affairs. SB 1829 by Lindsay Relating to the registration period for certain motor vehicles. To Committee on State Affairs. HOUSE BILLS AND RESOLUTIONS ON FIRST READING The following bills and resolutions received from the House were read first time and referred to the committees indicated: HB 106 to Committee on Education. HB 131 to Committee on Criminal Justice. HB 236 to Committee on Criminal Justice. HB 247 to Committee on Natural Resources. HB 323 to Committee on Education. HB 328 to Committee on Education. HB 362 to Committee on Business and Commerce. HB 400 to Committee on Education. HB 430 to Committee on Business and Commerce. HB 457 to Committee on Education. HB 468 to Committee on Intergovernmental Relations. HB 587 to Committee on Criminal Justice. HB 623 to Committee on Education. Thursday, April 26, 2001SENATE JOURNAL 1455 HB 965 to Committee on State Affairs. HB 1066 to Committee on Business and Commerce. HB 1075 to Committee on Criminal Justice. HB 1113 to Committee on Intergovernmental Relations. HB 1126 to Committee on Criminal Justice. HB 1188 to Committee on Education. HB 1194 to Committee on Intergovernmental Relations. HB 1243 to Committee on Business and Commerce. HB 1420 to Committee on Jurisprudence. HB 1684 to Committee on Business and Commerce. HB 1733 to Committee on Business and Commerce. HB 1794 to Committee on Business and Commerce. HB 1994 to Committee on Business and Commerce. HB 2139 to Committee on Business and Commerce. HB 2300 to Committee on Jurisprudence. HB 2337 to Committee on Business and Commerce. HB 2344 to Committee on Education. HB 2384 to Committee on Intergovernmental Relations. HB 2537 to Committee on Business and Commerce. HB 2746 to Committee on Intergovernmental Relations. HB 2787 to Committee on Education. HB 2828 to Committee on Business and Commerce. HB 3016 to Committee on State Affairs. HB 3329 to Committee on Natural Resources. HB 3483 to Committee on Natural Resources. HB 3673 to Committee on Natural Resources. HCR 233 to Committee on Natural Resources. HJR 75 to Committee on State Affairs. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas April 26, 2001 The Honorable President of the Senate Senate Chamber Austin, Texas Mr. President: I am directed by the House to inform the Senate that the House has taken the following action: THE HOUSE HAS PASSED THE FOLLOWING MEASURES: HB 196, Relating to the adoption of standards for the practice of air conditioning and refrigeration contracting. HB 217, Relating to the regulation of plumbing. HB 363, Relating to the issuance of a written notice to appear for certain misdemeanor offenses punishable by fine only. HB 514, Relating to a defense to certain gambling-related offenses for gaming activity conducted by an Indian tribe. 1456 77th Legislature — Regular Session 60th Day HB 1001, Relating to the review of the reimbursement methodology for and resource needs of nursing facilities. HB 1254, Relating to the extension of uniform group benefits for political subdivisions to certain affiliated service contractors. HB 1445, Relating to the authority of municipalities and counties to regulate subdivisions in the extraterritorial jurisdiction of a municipality. HB 1448, Relating to authorizing the governing body of a municipality or a county to enter into a tax abatement agreement with the owner of a leasehold interest in real property that is located in a reinvestment zone. HB 1493, Relating to the regulation of mortgage brokers. HB 1762, Relating to the issuance of certain driver's licenses and identification certificates by the Department of Public Safety and the provision of driver record information by the department and to fees and charges collected by the department. HB 1862, Relating to the regulation and prompt payment of health care providers under certain health benefit plans. HB 2159, Relating to premium rates and minimum reserves for credit life and accident and health insurance. HB 2179, Relating to indemnification by the state of a chaplain or spiritual advisor under contract with certain state agencies. HB 2530, Relating to certain prohibitions applicable to a person offering a sweepstakes or operating a video sweepstakes; providing a civil penalty. HB 2586, Relating to the regulation of public grain warehouse operators and other public warehouse operators; providing penalties. HB 2600, Relating to the provision of workers' compensation benefits and to the operation of the workers' compensation insurance system; providing penalties. HB 2604, Relating to assistance to certain volunteer fire departments and to the imposition of an assessment on certain insurers to finance that assistance. HB 2972, Relating to local control of police officer employment matters by certain municipalities. HB 2991, Relating to the duty of a peace officer to prevent certain juveniles from crossing the border between this state and Mexico. HB 3054, Relating to student financial aid to supplement a TEXAS grant for a student of an institution of higher education. HB 3121, Relating to the exemption from ad valorem taxation for property used to control pollution. HB 3309, Relating to the development, funding, and operation of the Southeast Texas Biotechnology Park. HB 3587, Relating to the exemption from permitting requirements for certain wells in a groundwater conservation district. Thursday, April 26, 2001SENATE JOURNAL 1457 THE HOUSE HAS CONCURRED IN SENATE AMENDMENTS TO THE FOLLOWING MEASURES: HB 1362 (viva-voce vote) Respectfully, /s/Sharon Carter, Chief Clerk House of Representatives MESSAGE FROM THE GOVERNOR The following Message from the Governor was read and was referred to the Committee on Nominations: Austin, Texas April 25, 2001 TO THE SENATE OF THE SEVENTY-SEVENTH LEGISLATURE, REGULAR SESSION: I ask the advice, consent and confirmation of the Senate with respect to the following appointments: TO BE MEMBERS OF THE BOARD OF TAX PROFESSIONAL EXAMINERS for terms to expire March 1, 2007: Dorye Kristeen Roe 3601 North State Highway 208 Robert Lee, Texas 76945 (replacing Carol Autry of Canyon whose term expired) Stanton Brown P.O. Box 235 Benjamin, Texas 79505-0235 (replacing Wayne Hawkins of Texarkana whose term expired) TO BE MEMBERS OF THE TEXAS STRUCTURAL PEST CONTROL BOARD for terms to expire as indicated below: To expire February 1, 2005: Tomas Cantu 317 Kiwi McAllen, Texas 78504 (replacing Arturo Perez of Weslaco who resigned) To expire February 1, 2007: John Lee Morrison 445 Golfcrest San Antonio, Texas 78239 (replacing Gary Gillen of Rosenberg whose term expired) Respectfully