Wednesday, March 14, 2001SENATE JOURNAL 699 THIRTY-SIXTH DAY

WEDNESDAY, MARCH 14, 2001

PROCEEDINGS

The Senate met at 11:00 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, West, Whitmire, Zaffirini, Mr. President. Absent-excused: Wentworth. The President announced that a quorum of the Senate was present. The Reverend John Philip McLarty, First United Methodist Church, Holliday, offered the invocation as follows: O God, our story as Your creation is filled with stories of those who have been called to be leaders. I stand before You this morning, Lord, to lift up this body, these men and women of our state's Senate. I pray that their actions and decisions be guided by Your divine will. I pray for our Governor and Lieutenant Governor and their families. I also pray for these Senators and their families. May they see the purpose of the time they spend doing the work of representing the people. God, I pray especially for my friend Tom Haywood, for his continued strength and for the health of his family. May his example of integrity and faithful service be a guiding model to his colleagues. And, Lord, I pray for the citizens of this great state. Guide us as a people to recognize those leaders who are authentic: men and women who care for Your people and can walk in their footsteps, who suffer in their sorrows and celebrate in their happiness, who share in their dreams and seek to journey with them toward their common destination. And give us all the courage to transform our world, to serve all of Your children, and to bring real glory to Your name. 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 Carona, Senator Wentworth was granted leave of absence for today on account of important business. 700 77th Legislature — Regular Session 36th Day

CO-AUTHORS OF SENATE BILL 6 On motion of Senator Shapiro and by unanimous consent, Senators Cain and Van de Putte will be shown as Co-authors of SB 6. CO-AUTHORS OF SENATE BILL 8 On motion of Senator Cain and by unanimous consent, Senators Shapleigh and Truan will be shown as Co-authors of SB 8. CO-AUTHORS OF SENATE BILL 130 On motion of Senator Cain and by unanimous consent, Senators Bernsen and Ellis will be shown as Co-authors of SB 130. CO-AUTHORS OF SENATE BILL 353 On motion of Senator Ellis and by unanimous consent, Senators Moncrief and Whitmire will be shown as Co-authors of SB 353. CO-AUTHOR OF SENATE BILL 961 On motion of Senator Moncrief and by unanimous consent, Senator Shapiro will be shown as Co-author of SB 961. CO-AUTHOR OF SENATE BILL 962 On motion of Senator Moncrief and by unanimous consent, Senator Shapiro will be shown as Co-author of SB 962. CO-AUTHOR OF SENATE BILL 1096 On motion of Senator Cain and by unanimous consent, Senator Harris will be shown as Co-author of SB 1096. INTRODUCTION OF BILLS AND RESOLUTIONS POSTPONED The President announced that the introduction of bills and resolutions on first reading and rereferrals would be postponed until the end of today's session. BILL SIGNED The President announced the signing of the following enrolled bill in the presence of the Senate after the caption had been read: SB 286. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas March 14, 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: Wednesday, March 14, 2001SENATE JOURNAL 701

THE HOUSE HAS PASSED THE FOLLOWING MEASURES: HB 122, Relating to authorizing a municipality to transfer real property to a nonprofit organization to use for public purposes. HB 360, Relating to the abuse of a child. HB 459, Relating to higher education tuition and fee exemptions for children of dead or disabled firefighters or peace officers. HB 969, Relating to local governments that may consider the location of a bidder's principal place of business in awarding contracts. HB 1130, Relating to the exemption of certain educational aides from the payment of tuition and fees at institutions of higher education and to the employment of those aides. HCR 136, Honoring professional golfer Charles Coody of Abilene. 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 March 13, 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 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS for terms to expire January 31, 2007: Vidal Gonzalez 135 Tenderfoot Trail Del Rio, Texas 78840 (to replace Florita Bell Griffin of Bryan whose term expired) Shadrick Bogany 2215 Long Barrel Missouri City, Texas 77489 (to replace Donald Bethel of Lamesa whose term expired) Respectfully submitted, /s/Rick Perry Governor 702 77th Legislature — Regular Session 36th Day

PERMISSION TO INTRODUCE BILL AND RESOLUTION 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 bill and resolution: SB 324, SJR 49. The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present not-voting: Mr. President. Absent-excused: Wentworth. GUESTS PRESENTED Senator Nelson was recognized and introduced to the Senate students from Griffin Middle School in Lewisville, accompanied by their teachers. The Senate welcomed its guests. HOUSE CONCURRENT RESOLUTION 136 The President laid before the Senate the following resolution: HCR 136, Honoring professional golfer Charles Coody of Abilene. MONCRIEF The resolution was read. On motion of Senator Moncrief and by unanimous consent, the resolution was considered immediately and was adopted by a viva voce vote. GUESTS PRESENTED Senator Moncrief was recognized and introduced to the Senate Charles Coody and his wife Lynette. The Senate welcomed Mr. and Mrs. Coody. PHYSICIAN OF THE DAY Senator Ogden was recognized and presented Dr. Henry Boehm of Brenham as the Physician of the Day. The Senate welcomed Dr. Boehm and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians. (Senator Brown in Chair) SENATE RESOLUTION 453 Senator Staples offered the following resolution: WHEREAS, March 14, 2001, marks Cedar Creek Lake Area Day at the State Capitol, and this outstanding occasion presents an opportune time to extol the virtues of the largest residential lake in Texas, with 38,000 surface acres and 310 miles of shoreline; and WHEREAS, The Cedar Creek Reservoir was built in the 1960s, but several of its communities date back to the early 19th century; at that time, the westward expansion of farmers and settlers led to the development of the towns of Malakoff, Mabank, Tool, Trinidad, Eustace, and Kemp; and Wednesday, March 14, 2001SENATE JOURNAL 703

WHEREAS, Today, other communities surrounding the lake include Gun Barrel City, Seven Points, Star Harbor, Caney City, Enchanted Oaks, Payne Springs, and Log Cabin; and WHEREAS, An ideal location for outdoor enthusiasts, the area also has forward-looking citizens who have demonstrated their dedication to academic excellence through their support of the area's fine schools and libraries; school spirit is alive and well in Trinidad, home to the State 6-Man Football Championship team, the Trinidad Trojans, and Seven Points residents raised more than $700,000 to build a new library in the town that is also the site of a new branch of Trinity Valley Community College; and WHEREAS, In addition, the area has a number of thriving businesses, including Solar Turbines in Mabank, which won the Malcolm Baldridge Quality Award for small business development and leadership; and WHEREAS, The Cedar Creek Lake Area offers residents and visitors alike the opportunity to enjoy lake country living at its best, and it is indeed a privilege to pay tribute to this splendid area and its citizens at this time; now, therefore, be it RESOLVED, That the Senate of the 77th Texas Legislature hereby recognize March 14, 2001, as Cedar Creek Lake Area Day at the State Capitol and wish the delegation visiting on this day a memorable and productive trip to the seat of Texas government. The resolution was read and was adopted by a viva voce vote. GUESTS PRESENTED Senator Staples was recognized and introduced to the Senate a delegation from the Cedar Creek Lake Area. The Senate welcomed its guests. (President in Chair) SENATE RESOLUTION 457 Senator Armbrister offered the following resolution: WHEREAS, The year 2001 marks the 125th anniversary of the State Firemen's and Fire Marshals' Association of Texas and the 40th anniversary of the Texas Fire Chiefs Association; and WHEREAS, Established in 1876 to promote, unify, represent, and educate members of the state's fire service community, the State Firemen's and Fire Marshals' Association of Texas is the oldest trade association in Texas and one of the state's largest; and WHEREAS, Today, the association counts more than 1,000 fire departments and over 16,000 individuals among its members from the volunteer, industrial, and career sectors of the state and more than 100 associate memberships from the related fire industry; and WHEREAS, An affiliate of the Texas Municipal League, the Texas Fire Chiefs Association was organized in 1961 to promote the fire service as a profession, improve methods of fire prevention, protection, and extinguishment, and maintain high standards of professional ethics; its membership is composed of over 200 career, volunteer, and industrial fire chiefs and associate members; and WHEREAS, Members of the State Firemen's and Fire Marshals' Association of Texas and the Texas Fire Chiefs Association handle their responsibilities with efficiency and dedication to those they so conscientiously serve; and 704 77th Legislature — Regular Session 36th Day

WHEREAS, Their meritorious work and exemplary devotion to their communities have earned them the respect and admiration of all the citizens of Texas; now, therefore, be it RESOLVED, That the Senate of the 77th Texas Legislature hereby commend the State Firemen's and Fire Marshals' Association of Texas and the Texas Fire Chiefs Association and recognize March 14, 2001, as Firefighters Day at the State Capitol. The resolution was read. On motion of Senator Truan and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof. On motion of Senator Armbrister, the resolution was adopted by a viva voce vote. GUESTS PRESENTED Senator Armbrister was recognized and introduced to the Senate a delegation of the State Firemen's and Fire Marshals' Association of Texas and volunteer firefighters. The Senate welcomed its guests. (Senator Truan in Chair) AT EASE The Presiding Officer at 11:30 a.m. announced the Senate would stand At Ease subject to the call of the Chair. IN LEGISLATIVE SESSION The President at 11:34 a.m. called the Senate to order as In Legislative Session. SENATE RESOLUTION 447 Senator Lucio offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to express its appreciation to historian Bruce Aiken of Brownsville for his many years of achievements benefitting the State of Texas; and WHEREAS, Mr. Aiken has contributed greatly to the educational welfare of his students and to the people of the State of Texas; and WHEREAS, After graduation from Brownsville High School in May of 1939, this outstanding gentleman attended Brownsville Junior College, graduating with an associate degree; and WHEREAS, While a student at The University of Texas at Austin, Bruce joined the United States Army, and he served in both the Southwest and Western Pacific during World War II; and WHEREAS, His military career included commissions in the Texas National Guard, the United States Army Reserves, the Retired Reserves, and the Texas Guard, attaining the honorable rank of Colonel (Retired); and Wednesday, March 14, 2001SENATE JOURNAL 705

WHEREAS, Returning to college, Bruce completed his degree in 1949 at Texas A&I University, returning to Brownsville where he began his educational career as a teacher at Clearwater Elementary School; and WHEREAS, During his 38-year tenure, Mr. Aiken held many posts with the Brownsville Independent School District; he was Director of Audiovisual Education, Administrative Assistant to the Superintendent, and Director of Personnel, a department that he created; and WHEREAS, As Director of Safety and Insurance, Mr. Aiken finished his career in the Brownsville Independent School District in a department he had also founded; and WHEREAS, Throughout his career, Mr. Aiken has been supported by the love of his wife, Irma, and children, Eric Gerard, Corinthia Ann, and Allison Elaine; and WHEREAS, In recognition of his extraordinary accomplishments and his exceptional talents, Mr. Aiken was honored in 1996 when the 27th elementary school of the Brownsville Independent School District was dedicated to him; certainly such a generous and giving man is worthy of legislative recognition; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby congratulate Bruce Aiken for being an Outstanding Texan; and, be it further RESOLVED, That a copy of this Resolution be prepared for him as an expression of the highest regard of the Texas Senate. The resolution was read. On motion of Senator Truan and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof. On motion of Senator Lucio, the resolution was adopted by a viva voce vote. GUESTS PRESENTED Senator Lucio was recognized and introduced to the Senate Bruce Aiken, his wife Irma, his daughters Corinthia and Allison, and his niece Dr. Virginia Scofield. The Senate welcomed its guests. GUESTS PRESENTED Senator Fraser was recognized and introduced to the Senate a delegation from Leadership Killeen. The Senate welcomed its guests. PERSONAL PRIVILEGE STATEMENT Senator Harris was recognized and addressed the Senate on a matter of personal privilege. SESSION TO CONSIDER EXECUTIVE APPOINTMENTS The President announced the time had arrived to consider the executive appointments to agencies, boards, and commissions. Notice of submission of these names for consideration was given yesterday by Senator Nelson. Senator Nelson moved confirmation of the nominees reported yesterday by the Committee on Nominations. 706 77th Legislature — Regular Session 36th Day

The President asked if there were requests to sever nominees. There were no requests offered. NOMINEES CONFIRMED The following nominees as reported by the Committee on Nominations were confirmed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: Wentworth. Members, North Texas Tollway Authority Board of Directors: Donald D. Dillard, Collin County; Marilyn Kay Walls, Johnson County. Members, Texas State Board of Examiners of Dietitians: Ralph McGahagin, Travis County; Richard Abram Roman, El Paso County; Eugene E. Wisakowsky, Ellis County. Members, Statewide Health Coordinating Council: Joan Wood Biggerstaff, Collin County; James A. Endicott, Jr., Bell County; Susan M. Scott-Galindo, Brazos County. Member, Texas Alcoholic Beverage Commission: Gail Madden, Dallas County. Member, Public Safety Commission: James B. Francis, Jr., Dallas County. Members, State Commission on Judicial Conduct: Marvin W. "Wayne" Brittingham, Tarrant County; Wallace B. Jefferson, Bexar County; Kathleen H. Olivares, El Paso County. Members, Texas Judicial Council: Willie Jean Birmingham, Harrison County; Delia Martinez Carian, Bexar County; Jose Luis Lopez, Zavala County; Ann Manning, Lubbock County. Member, Judicial Districts Board: Joseph W. Wolfe, Collin County. Chief Administrative Law Judge, State Office of Administrative Hearings: Shelia Bailey Taylor, Travis County. Secretary of State: Henry Cuellar, Webb County. Members, Texas State Board of Pharmacy: Roger W. Anderson, Harris County; Rosemary Forester Combs, El Paso County; Oren M. Peacock, Jr., R.Ph., Dallas County. CONCLUSION OF MORNING CALL The President at 11:48 a.m. announced the conclusion of morning call. COMMITTEE SUBSTITUTE SENATE BILL 561 ON SECOND READING On motion of Senator Sibley 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: CSSB 561, Relating to indemnification provisions concerning registered architects and licensed engineers in certain construction contracts. The bill was read second time. Wednesday, March 14, 2001SENATE JOURNAL 707

Senator Sibley offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 561 as follows: (1) In SECTION 5 of the bill, in amended Section 271.904(a), Local Government Code (Committee Printing page 2, line 16), strike "engineering or" and substitute "construction, engineering, or". (2) In SECTION 5 of the bill, in amended Section 271.904(a), Local Government Code (Committee Printing page 2, line 18), between "a" and "licensed" insert "contractor,". (3) In SECTION 5 of the bill, in amended Section 271.904(a), Local Government Code (Committee Printing page 2, line 19), strike "engineer" and substitute "engineer,". The amendment was read and was adopted by a viva voce vote. On motion of Senator Sibley and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSB 561 as amended was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 561 ON THIRD READING Senator Sibley moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 561 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: Wentworth. The bill was read third time and was passed by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 6 ON SECOND READING On motion of Senator Shapiro 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: CSSB 6, Relating to the fair conduct of elections and election campaigns; providing penalties. The bill was read second time. Senator Sibley offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 6 between SECTIONS 9 and 10 of the bill (senate committee report, page 5, between lines 10 and 11) by adding a new SECTION, appropriately numbered, to read as follows: SECTION _____. Section 253.098, Election Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows: 708 77th Legislature — Regular Session 36th Day

(b) A corporation or labor organization may make one or more campaign expenditures from its own property for the purpose of permitting a candidate to appear and speak at a meeting of its directors, officers, stockholders, or members, as applicable, or of the families of its directors, officers, stockholders, or members. A corporation or labor organization may not make an expenditure under this subsection for transportation or lodging. (c) An expenditure under this section is not reportable under Chapter 254. The amendment was read. On motion of Senator Sibley and by unanimous consent, Floor Amendment No. 1 was temporarily withdrawn. Senator Lindsay offered the following amendment to the bill: Floor Amendment No. 2 Amend CSSB 6 as follows: Add new Section 19 of the bill, and renumber remaining sections accordingly: Section 19 of the bill amends Section 254.0611(a) to read as follows: (6) for each political consultant with whom the person filing the report has an agreement or to whom the person filing the report has made a payment or agreed to make a payment: (A) the name and address of the political consultant, including any company name as well as the principal individual expected to perform the agreement. (B) a copy of any written contract between the person filing the report and the political consultant. (C) a description of all terms of any unwritten agreement between the person filing the report and the political consultant. (D) a specific listing of expenditures made by the political consultant on behalf of the person filing the report, including the amount, the name and address of the payee, and the purpose of the expenditure. Section 19 of the bill amends Section 254.0611(b) to read as follows: (3) "Political consultant" means any person or entity who performs for a fee any service to aid or defeat the election or re-election of any candidate for judicial office. For purposes of this subsection, a service includes an affirmative service, or for a fee, declining to perform a service for another candidate, whether or not the other candidate is known or identified. The amendment was read. On motion of Senator Lindsay and by unanimous consent, Floor Amendment No. 2 was withdrawn. (Senator Truan in Chair) Senator Sibley again offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 6 between SECTIONS 9 and 10 of the bill (senate committee report, page 5, between lines 10 and 11) by adding a new SECTION, appropriately numbered, to read as follows: SECTION _____. Section 253.098, Election Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows: (b) A corporation or labor organization may make one or more campaign expenditures from its own property for the purpose of permitting a candidate to appear Wednesday, March 14, 2001SENATE JOURNAL 709 and speak at a meeting of its directors, officers, stockholders, or members, as applicable, or of the families of its directors, officers, stockholders, or members. A corporation or labor organization may not make an expenditure under this subsection for transportation or lodging. (c) An expenditure under this section is not reportable under Chapter 254. The amendment was read and was adopted by a viva voce vote. On motion of Senator Shapiro and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSB 6 as amended was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 6 ON THIRD READING Senator Shapiro moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 6 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: Wentworth. The bill was read third time and was passed by a viva voce vote. SENATE JOINT RESOLUTION 22 ON SECOND READING Senator Barrientos moved to suspend the regular order of business to take up for consideration at this time: SJR 22, Proposing a constitutional amendment relating to the ad valorem tax exemption for the surviving spouse and children of a deceased disabled veteran. The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: Wentworth. The resolution was read second time and was passed to engrossment by a viva voce vote. SENATE JOINT RESOLUTION 22 ON THIRD READING Senator Barrientos moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SJR 22 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: Wentworth. The resolution was read third time and was passed by the following vote: Yeas 29, Nays 0, Present-not voting 1. (Same as previous roll call) 710 77th Legislature — Regular Session 36th Day

SENATE BILL 658 ON SECOND READING Senator Barrientos moved to suspend the regular order of business to take up for consideration at this time: SB 658, Relating to the exemption from ad valorem taxation of property of a disabled veteran or the surviving spouse or children of a deceased disabled veteran or member of the armed forces who dies while on active duty. The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: Wentworth. The bill was read second time and was passed to engrossment by a viva voce vote. SENATE BILL 658 ON THIRD READING Senator Barrientos moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 658 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: Wentworth. The bill was read third time and was passed by a viva voce vote. SENATE BILL 619 ON SECOND READING Senator Van de Putte moved to suspend the regular order of business to take up for consideration at this time: SB 619, Relating to court-ordered social studies in certain suits affecting the parent-child relationship. The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: Wentworth. The bill was read second time. Senator Lindsay offered the following amendment to the bill: Floor Amendment No. 1 Amend SB 619 as follows: SECTION 1, Subsection (c) is amended after "social study." on line 1-17 to read: "If a domestic relations office is appointed, the domestic relations office shall charge a fee to cover the cost of the social study." The amendment was read and was adopted by a viva voce vote. Wednesday, March 14, 2001SENATE JOURNAL 711

On motion of Senator Van de Putte and by unanimous consent, the caption was amended to conform to the body of the bill as amended. SB 619 as amended was passed to engrossment by a viva voce vote. SENATE BILL 619 ON THIRD READING Senator Van de Putte moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 619 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: Wentworth. The bill was read third time and was passed by the following vote: Yeas 29, Nays 0, Present-not voting 1. (Same as previous roll call) SENATE BILL 441 ON SECOND READING Senator Fraser moved to suspend the regular order of business to take up for consideration at this time: SB 441, Relating to the administration of certain state agencies. The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: Wentworth. The bill was read second time. Senator Duncan offered the following amendment to the bill: Floor Amendment No. 1 Amend SB 441 as follows: (1) In SECTION 1 of the bill, in added Section 2162.106(a)(1), Government Code, between "employees" and "." (Committee Printing, page 1, line 14), insert ", but not including a state agency that participates in the pilot project created by Article 8930, Revised Statutes". (2) In SECTION 2 of the bill, in added Section 403.0222(a), Government Code, between "employees" and "." (Committee Printing, page 1, line 47), insert ", but not including a state agency that participates in the pilot project created by Article 8930, Revised Statutes". The amendment was read and was adopted by a viva voce vote. On motion of Senator Fraser and by unanimous consent, the caption was amended to conform to the body of the bill as amended. SB 441 as amended was passed to engrossment by a viva voce vote. 712 77th Legislature — Regular Session 36th Day

SENATE BILL 441 ON THIRD READING Senator Fraser moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 441 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: Wentworth. The bill was read third time and was passed by a viva voce vote. (President in Chair) MOTION TO PLACE COMMITTEE SUBSTITUTE SENATE BILL 354 ON SECOND READING Senator Lindsay moved to suspend the regular order of business to take up for consideration at this time: CSSB 354, Relating to the powers of a local government corporation. Senator Truan moved to postpone further consideration of the bill to a time certain of 11:00 a.m. tomorrow. The motion prevailed without objection. Question—Shall the regular order of business be suspended for CSSB 354? COMMITTEE SUBSTITUTE SENATE BILL 577 ON SECOND READING Senator Bivins asked unanimous consent to suspend the regular order of business to take up for consideration at this time: CSSB 577, Relating to driving privileges of drivers under 18 years of age. There was objection. Senator Bivins then moved to suspend the regular order of business and take up CSSB 577 for consideration at this time. The motion prevailed by the following vote: Yeas 27, Nays 1, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini. Nays: Gallegos. Present-not voting: Mr. President. Absent: Shapleigh. Absent-excused: Wentworth. The bill was read second time. Wednesday, March 14, 2001SENATE JOURNAL 713

Senator Whitmire offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 577 by striking Subsection (d), Section 545.424, Transportation Code, as added by SECTION 2 of the bill (Committee Printing page 1, lines 45-49), and substituting: (d) A restriction under Subsection (b) or (c)(1) does not apply if the operation of the vehicle is necessary: (1) for the person operating the vehicle to: (A) travel between the person's home and the person's place of employment; or (B) attend school or a school-related extracurricular activity; or (2) because of a medical emergency. The amendment was read and was adopted by a viva voce vote. Senator Whitmire offered the following amendment to the bill: Floor Amendment No. 2 Amend CSSB 577 in Subsection (c)(1), Section 545.424, Transportation Code, as added by SECTION 2 of the bill (Committee Printing page 1, line 42), by striking "11 p.m." and substituting "midnight". The amendment was read and was adopted by the following vote: Yeas 17, Nays 11, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Brown, Cain, Ellis, Gallegos, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Truan, Whitmire, Zaffirini. Nays: Bivins, Carona, Duncan, Fraser, Harris, Ogden, Shapiro, Sibley, Staples, Van de Putte, West. Present-not voting: Mr. President. Absent: Shapleigh. Absent-excused: Wentworth. On motion of Senator Bivins and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSB 577 as amended was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 577 ON THIRD READING Senator Bivins moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 577 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: Wentworth. The bill was read third time and was passed by a viva voce vote. 714 77th Legislature — Regular Session 36th Day

VOTE RECONSIDERED ON COMMITTEE SUBSTITUTE SENATE BILL 354 Senate Truan moved to reconsider the vote by which the motion to postpone further consideration of CSSB 354 to a time certain of 11:00 a.m. tomorrow prevailed. The motion prevailed without objection. Question—Shall further consideration of CSSB 354 be postponed? On motion of Senator Truan and by unanimous consent, the motion to postpone further consideration to a time certain of 11:00 a.m. tomorrow was withdrawn. The President then laid before the Senate CSSB 354. Question—Shall the regular order of business be suspended for CSSB 354? COMMITTEE SUBSTITUTE SENATE BILL 354 ON SECOND READING On motion of Senator Lindsay 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: CSSB 354, Relating to the powers of a local government corporation. The bill was read second time. Senator Truan offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 354 as follows: To remove Section 1(f) on lines 1-28 through 1-31 and renumber the following Sections accordingly. The amendment was read and was adopted by a viva voce vote. On motion of Senator Lindsay and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSB 354 as amended was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 354 ON THIRD READING Senator Lindsay moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 354 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: Wentworth. The bill was read third time and was passed by the following vote: Yeas 29, Nays 0, Present-not voting 1. (Same as previous roll call) Wednesday, March 14, 2001SENATE JOURNAL 715

SENATE BILL 161 ON SECOND READING On motion of Senator Zaffirini 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: SB 161, Relating to authorizing transitional support services to former recipients of Temporary Assistance for Needy Families (TANF) benefits. The bill was read second time and was passed to engrossment by a viva voce vote. SENATE BILL 161 ON THIRD READING Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 161 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: Wentworth. The bill was read third time and was passed by a viva voce vote. SENATE BILL 524 ON SECOND READING Senator Armbrister asked unanimous consent to suspend the regular order of business to take up for consideration at this time: SB 524, Relating to participation by private school students in University Interscholastic League sponsored activities. There was objection. Senator Armbrister then moved to suspend the regular order of business and take up SB 524 for consideration at this time. The motion prevailed by the following vote: Yeas 19, Nays 8, Present-not voting 1. Yeas: Armbrister, Bivins, Brown, Cain, Carona, Ellis, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Sibley, Van de Putte, Zaffirini. Nays: Barrientos, Bernsen, Duncan, Gallegos, Staples, Truan, West, Whitmire. Present-not voting: Mr. President. Absent: Fraser, Shapleigh. Absent-excused: Wentworth. The bill was read second time. 716 77th Legislature — Regular Session 36th Day

Senator Ogden offered the following amendment to the bill: Floor Amendment No. 1 Amend SB 524 as follows: In SECTION 1. of the bill, in the added Section 33.0831, Education Code (Senate Committee Printing page 1, line 57) strike (5) have a single-sex student enrollment; The amendment was read and was adopted by the following vote: Yeas 21, Nays 6, Present-not voting 1. Yeas: Armbrister, Bernsen, Bivins, Brown, Cain, Carona, Ellis, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Sibley, Van de Putte, Whitmire, Zaffirini. Nays: Barrientos, Duncan, Gallegos, Staples, Truan, West. Present-not voting: Mr. President. Absent: Fraser, Shapleigh. Absent-excused: Wentworth. On motion of Senator Armbrister and by unanimous consent, the caption was amended to conform to the body of the bill as amended. SB 524 as amended was passed to engrossment by a viva voce vote. RECORD OF VOTES Senators Barrientos, Bernsen, Duncan, Gallegos, Staples, Truan, West, and Whitmire asked to be recorded as voting "Nay" on the passage of SB 524 to engrossment. COMMITTEE SUBSTITUTE SENATE BILL 47 ON SECOND READING On motion of Senator Zaffirini 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: CSSB 47, Relating to residential and nonresidential services for victims of family violence. The bill was read second time and was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 47 ON THIRD READING Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 47 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: Wentworth. The bill was read third time and was passed by a viva voce vote. Wednesday, March 14, 2001SENATE JOURNAL 717

COMMITTEE SUBSTITUTE SENATE BILL 583 ON SECOND READING On motion of Senator Duncan 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: CSSB 583, Relating to liens for certain services provided by physicians. The bill was read second time and was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 583 ON THIRD READING Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 583 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1. Present-not voting: Mr. President. Absent-excused: Wentworth. The bill was read third time and was passed by a viva voce vote. NOTICE GIVEN FOR LOCAL AND UNCONTESTED CALENDAR Senator Cain announced that a Local and Uncontested Calendar had been furnished to each Member of the Senate. He then gave notice that the Local and Uncontested Calendar Session would be held at 8:00 a.m. tomorrow and that all bills and resolutions would be considered on second and third reading in the order in which they were listed. SENATE RULE 11.18 SUSPENDED (Posting Rule) On motion of Senator Madla and by unanimous consent, Senate Rule 11.18 was suspended in order that the Committee on Intergovernmental Relations might consider SB 581 today. MOTION TO RECESS AND ADJOURN On motion of Senator Truan, the Senate at 2:24 p.m. agreed to recess, upon completion of the introduction of bills and resolutions on first reading, until 8:00 a.m. tomorrow for the Local and Uncontested Calendar Session. The Senate further agreed to adjourn, in memory of Dickie Ingram, upon conclusion of the Local and Uncontested Calendar Session, until 11:00 a.m. tomorrow. 718 77th Legislature — Regular Session 36th Day

(Senator Truan in Chair) SENATE BILLS AND RESOLUTIONS ON FIRST READING The following bills and resolutions, filed on or before Friday, March 9, 2001, were introduced, read first time, and referred to the committees indicated: SB 322 by Lucio, Zaffirini Relating to the continuation and functions of the Texas Department of Housing and Community Affairs and to other matters relating to housing or community development, including the creation of the Manufactured Housing Board and the Office of Rural Community Affairs. To Committee on Intergovernmental Relations. SB 323 by Bivins Relating to the designation of part of Business U.S. Highway 287 as the L. P. "Pete" Gilvin Memorial Highway. To Committee on State Affairs. SB 324 by Brown Relating to fees charged for underground injection wells. To Committee on Natural Resources. SB 1500 by Lucio Relating to the provision of housing and related forms of assistance to residents of colonias and residents of other underserved regions of this state. To Committee on Business and Commerce. SB 1501 by Lucio Relating to the establishment of a colonia self-help program. To Committee on Business and Commerce. SB 1502 by Lucio Relating to the planning, programming, and funding mechanisms of the Texas Department of Transportation. To Committee on State Affairs. SB 1503 by Lucio Relating to an assessment of the future affordable housing needs of the regions of this state. To Committee on Business and Commerce. SB 1506 by Lucio Relating to compliance with the minimum number of days of instruction required of public schools. To Committee on Education. SB 1507 by Lucio Relating to the fees imposed for the preservation, restoration, and management of certain county records and county courthouses. To Committee on Intergovernmental Relations. SB 1508 by Lucio Relating to the public education facilities assistance fund. To Committee on Education. Wednesday, March 14, 2001SENATE JOURNAL 719

SB 1509 by Lucio Relating to the amount and use of North American Free Trade Agreement discretionary funds. To Committee on Business and Commerce. SB 1510 by Lucio Relating to the office of the colonia initiatives coordinator. To Committee on Business and Commerce. SB 1511 by Lucio Relating to interference with or recycling of a traffic-control device or railroad sign or signal. To Committee on Criminal Justice. SB 1512 by Lucio Relating to the use of multiple award contracts for state and local government purchasing. To Committee on Business and Commerce. SB 1513 by Lucio Relating to the borrowing of money by the Texas Transportation Commission. To Committee on Finance. SB 1514 by Lucio Relating to the use of health care delivery networks to provide workers' compensation medical benefits to employees of the Texas Department of Transportation. To Committee on Business and Commerce. SB 1515 by Lucio Relating to the acquisition of vehicles by the Texas Department of Transportation. To Committee on Finance. SB 1516 by Lucio Relating to the issuance of certain special license plates by the Texas Department of Transportation. To Committee on Business and Commerce. SB 1517 by Lucio Relating to the survey of certain owners of property acquired by the Texas Department of Transportation. To Committee on State Affairs. SB 1518 by Lucio Relating to state purchasing using the reverse auction procedure. To Committee on State Affairs. SB 1519 by Lucio Relating to the executive director and engineering personnel of the Texas Department of Transportation. To Committee on State Affairs. SB 1520 by Lucio, Zaffirini Relating to the fee collected for registration of motor vehicles in certain counties. To Committee on Finance. 720 77th Legislature — Regular Session 36th Day

SB 1521 by Lucio Relating to a career development center's assessment of the job skills of certain persons. To Committee on Business and Commerce. SB 1522 by Lucio Relating to regulating leasing in certain manufactured home communities; providing penalties. To Committee on Business and Commerce. SB 1523 by Lucio Relating to nursing facility bed certification under the state Medicaid program. To Committee on Health and Human Services. SB 1524 by Van de Putte Relating to notice requirements for certain applicants for certain alcoholic beverage licenses and permits. To Committee on Business and Commerce. SB 1525 by Van de Putte Relating to the offense of disruption of a class or other school activity. To Committee on Education. SB 1526 by Van de Putte, Gallegos, Sibley, Staples Relating to the eligibility of certain persons to qualify as residents of this state for purposes of higher education tuition or to pay tuition at the rate provided to residents of this state. To Committee on Education. SB 1527 by Shapiro Relating to changing the composition of certain state agency governing bodies with an even number of members to comply with the changes made to Section 30a, Article XVI, Texas Constitution. To Committee on State Affairs. SB 1528 by Shapiro Relating to the deadline for withdrawal of a candidate from a primary election. To Committee on State Affairs. SB 1529 by Shapiro Relating to procedures for maintaining information on lists of registered voters. To Committee on State Affairs. SB 1530 by Shapiro Relating to the filling of a vacancy in the office of precinct chair. To Committee on State Affairs. SB 1531 by Cain Relating to the period that an ignition interlock device must remain installed on the vehicle of a person placed on community supervision for certain intoxication offenses. To Committee on Criminal Justice. Wednesday, March 14, 2001SENATE JOURNAL 721

SB 1532 by Madla Relating to authorizing counties to charge an application fee for platting applications. To Committee on Intergovernmental Relations. SB 1533 by Madla Relating to allowing counties to assess an application fee for tax abatements. To Committee on Intergovernmental Relations. SB 1534 by Madla Relating to the payment of property damages caused by certain counties. To Committee on Intergovernmental Relations. SB 1535 by Madla Relating to effective dates for tax abatements. To Committee on Intergovernmental Relations. SB 1536 by Madla, Duncan Relating to the creation of pilot projects for demonstrating the application of technology to the provision of long-term care, community care, and certain other medical assistance. To Committee on Health and Human Services. SB 1537 by Madla Relating to the applicability of county road requirements to public and private subdivisions. To Committee on Intergovernmental Relations. SB 1538 by Whitmire Relating to costs on conviction to fund compensation to victims of crime. To Committee on Criminal Justice. SB 1539 by Duncan Related to the powers of Lubbock Reese Redevelopment Authority. To Committee on Veteran Affairs and Military Installations. SB 1540 by Duncan Relating to the regulation of recycling facilities. To Committee on Natural Resources. SB 1541 by Duncan, Brown Relating to the permanent management of low-level radioactive waste. To Committee on Natural Resources. SB 1542 by Van de Putte Relating to the deferral of property taxes for disabled individuals. To Committee on Intergovernmental Relations. SB 1543 by Nelson Relating to the review of curriculum rules. To Committee on Education. SB 1544 by West Relating to local enforcement of certain health and safety statutes and ordinances. To Committee on Intergovernmental Relations. 722 77th Legislature — Regular Session 36th Day

SB 1545 by Duncan Relating to the investment and use of the assets of certain endowment funds of certain institutions of higher education. To Committee on Education. SB 1546 by Duncan, Shapleigh Relating to the establishment of a diabetes research center at the Texas Tech University campus in El Paso. To Committee on Education. SB 1547 by Duncan, Lucio Relating to the establishment of an investment advisory board by the comptroller of public accounts. To Committee on Finance. SB 1548 by Duncan Relating to the creation of a program to provide low-interest home mortgage loans to certain teachers. To Committee on Education. SB 1549 by Zaffirini Relating to certain offers made to purchase mineral or royalty interests. To Committee on Natural Resources. SB 1550 by Carona Relating to exempting certain machinery and equipment used to provide broadband services. To Committee on Finance. SB 1551 by Madla Relating to establishing the positions of regional development coordinator and of database information specialist in the Texas Department of Housing and Community Affairs. To Committee on Intergovernmental Relations. SB 1552 by Barrientos Relating to the powers and duties of groundwater conservation districts. To Committee on Natural Resources. SB 1553 by Barrientos Relating to the acquisition and disposition of land or another real property interest by a political subdivision. To Committee on Intergovernmental Relations. SB 1554 by Barrientos Relating to an exemption from ad valorem taxation for certain organizations engaged primarily in performing charitable functions. To Committee on Intergovernmental Relations. SB 1555 by Duncan Relating to certain civil actions for injury to a child, elderly individual, or disabled individual and certain related liability insurance coverage. To Committee on Business and Commerce. Wednesday, March 14, 2001SENATE JOURNAL 723

SB 1556 by Shapleigh, Truan Relating to the conditions for issuance of revenue bonds by the Veterans' Land Board. To Committee on Veteran Affairs and Military Installations. SB 1557 by Madla Relating to the licensing of certain residential contractors; providing penalties. To Committee on Business and Commerce. SB 1558 by Madla, Van de Putte Relating to defense base development authorities. To Committee on Veteran Affairs and Military Installations. SB 1559 by Zaffirini, Lucio, Shapleigh Relating to motor vehicle inspection facilities near the border of this state and Mexico. To Committee on Business and Commerce. SB 1560 by Zaffirini, Ogden Relating to the suspension of a person's driver's license following the person's arrest for certain intoxication offenses. To Committee on Criminal Justice. SB 1561 by Shapleigh Relating to the acceptance by the Texas Natural Resource Conservation Commission of certain emissions reductions in exchange for other emissions reductions. To Committee on Natural Resources. SB 1562 by Shapleigh Relating to the authority of regional water planning groups. To Committee on Natural Resources. SB 1563 by Shapleigh Relating to the issuance of Texas Commission for the Deaf and Hard of Hearing license plates. To Committee on State Affairs. SB 1564 by Duncan Relating to the funding of emergency medical services by municipalities with a population of more than 5,000 in counties with a population of less than 60,000. To Committee on Intergovernmental Relations. SB 1565 by Duncan Relating to the management, conservation, and use of groundwater. To Committee on Natural Resources. SB 1566 by Wentworth Relating to certain records of and communications to county officials. To Committee on Intergovernmental Relations. SB 1567 by Harris Relating to the creation of the Emerging University excellence fund to promote research and excellence at certain institutions of higher education. To Committee on Finance. 724 77th Legislature — Regular Session 36th Day

SB 1568 by Harris Relating to the licensing of national and state banks to underwrite certain credit insurance products as principal. To Committee on Business and Commerce. SB 1569 by West Relating to the Judicial Retirement System of Texas Plan One and the Judicial Retirement System of Texas Plan Two. To Committee on State Affairs. SB 1570 by West Relating to the expunction of arrest records and files based on an acquittal. To Committee on Criminal Justice. SB 1571 by Nelson, Madla, Bernsen, Staples, Zaffirini Relating to the creation and duties of the Health Care Services Contract Panel. To Committee on Business and Commerce. SB 1572 by Lindsay Relating to claims for excess proceeds from tax sales. To Committee on Intergovernmental Relations. SB 1573 by Lindsay Relating to the regulation of floating cabins; providing penalties. To Committee on Natural Resources. SB 1574 by Gallegos Relating to an exemption from ad valorem taxation of raw cocoa and green coffee that is held in Harris County. To Committee on Intergovernmental Relations. SB 1575 by Gallegos Relating to the authority of the Texas Department of Transportation to contract for the removal of certain property from a state highway. To Committee on State Affairs. SB 1576 by Gallegos Relating to the Fire Fighters Employee Relations Act in certain municipalities. To Committee on Intergovernmental Relations. SB 1577 by Gallegos Relating to overtime requirements for fire fighters involved in fire suppression or emergency medical services. To Committee on Intergovernmental Relations. SB 1578 by Gallegos Relating to local control of fire fighters employment matters in certain municipalities. To Committee on Intergovernmental Relations. SB 1579 by Ellis Relating to the development, funding, and operation of the Southeast Texas Biotechnology Park. To Committee on State Affairs. Wednesday, March 14, 2001SENATE JOURNAL 725

SB 1580 by West Relating to the study and treatment of pollution-related illness and to the establishment of the Texas Environmental Health Institute. To Committee on Health and Human Services. SB 1581 by West Relating to certain practices in connection with a home loan. To Committee on Business and Commerce. SB 1582 by Van de Putte Relating to responses to medical grievances filed by inmates confined in Texas correctional facilities. To Committee on Criminal Justice. SB 1583 by Van de Putte Relating to reports submitted to the Commission on Law Enforcement Officer Standards and Education. To Committee on Criminal Justice. SB 1584 by Van de Putte Relating to evidence of innocence in criminal trials. To Committee on Jurisprudence. SB 1585 by Van de Putte Relating to testimony of law enforcement in criminal court. To Committee on Jurisprudence. SB 1586 by Moncrief Relating to fees for copies of birth and death certificates. To Committee on Health and Human Services. SB 1587 by Moncrief Relating to alternative dispute resolution procedures for proposals for legislation to change or clarify the permissible scope of practice of a health care profession. To Committee on Administration. SB 1588 by Moncrief Relating to a preliminary examination for emergency detention because of mental illness. To Committee on Health and Human Services. SB 1589 by Moncrief Relating to removing the Texas Juvenile Probation Commission from the list of agencies considered to be health and human services agencies generally subject to the authority of the Health and Human Services Commission. To Committee on Criminal Justice. SB 1590 by Moncrief Relating to the admissibility of evidence relating to certain Texas Department of Human Services investigations or surveys in certain actions or proceedings. To Committee on Health and Human Services. 726 77th Legislature — Regular Session 36th Day

SB 1591 by Moncrief Relating to exemplary damages. To Committee on Health and Human Services. SB 1592 by Moncrief, Gallegos Relating to the imposition of a quality assurance fee on nursing institutions; providing an administrative penalty. To Committee on Health and Human Services. SB 1593 by Moncrief Relating to nursing institutions, assisted living facilities, and intermediate care facilities for the mentally retarded. To Committee on Health and Human Services. SB 1594 by Moncrief Relating to the creation of a long-term care facility liability insurance fund; authorizing the issuance of bonds; providing administrative penalties. To Committee on Health and Human Services. SB 1595 by Bivins, Lucio Relating to financial assistance for certain persons seeking certification as public school teachers, including revisions to the Teach for Texas grant program, and to loan repayment assistance for certain classroom teachers. To Committee on Education. SB 1596 by Bivins, Wentworth, West Relating to the establishment and operation of the Toward EXcellence, Access, & Success (TEXAS) grant II program. To Committee on Education. SB 1597 by Wentworth Relating to retainage payments under certain construction contracts. To Committee on Business and Commerce. SB 1598 by Wentworth Relating to the reorganization of a mutual life insurance company. To Committee on Business and Commerce. SB 1599 by Wentworth Relating to containment systems required for certain underground storage tanks. To Committee on Natural Resources. SB 1600 by Staples Relating to the water rights permit for the proposed Lake Eastex water supply reservoir project. To Committee on Natural Resources. SB 1601 by Staples Relating to certain procedures for the mailing of early voting ballot materials. To Committee on State Affairs. SB 1602 by Staples Relating to career and technology education in public schools. To Committee on Education. Wednesday, March 14, 2001SENATE JOURNAL 727

SB 1603 by Staples Relating to water quality management plans for agricultural facilities. To Committee on Natural Resources. SB 1604 by Staples Relating to the use and management of certain state-owned real property. To Committee on State Affairs. SB 1605 by Staples Relating to the valuation of certain timber land for ad valorem tax purposes and to a study of the effect of that valuation. To Committee on Natural Resources. SB 1606 by Staples Relating to coercion as an unfair trade practice in the business of insurance. To Committee on Business and Commerce. SB 1607 by Staples Relating to directing the state's classification officer to reevaluate the classification of all TDCJ employees. To Committee on Finance. SB 1608 by Staples Relating to the expunction of arrest records and files when an indictment or information is dismissed or quashed. To Committee on Criminal Justice. SB 1609 by Staples Relating to outdoor burning under the Texas Clean Air Act. To Committee on Natural Resources. SB 1610 by Staples Relating to the collection of delinquent fines by county attorneys, district attorneys or criminal district attorneys. To Committee on Jurisprudence. SB 1611 by Fraser Relating to the structure of the Texas Treasury Safekeeping Trust Company. To Committee on Finance. SB 1612 by Armbrister Relating to the tax on cigarettes, cigars, and other tobacco products. To Committee on Finance. SB 1613 by Armbrister Relating to the regulation of bail bond sureties; providing a penalty. To Committee on Criminal Justice. SB 1614 by Armbrister Relating to requiring a valet parking service to maintain financial responsibility; creating an offense. To Committee on Business and Commerce. 728 77th Legislature — Regular Session 36th Day

SB 1615 by Armbrister Relating to youth-related volunteer activity leave for state agency employees. To Committee on State Affairs. SB 1616 by Armbrister Relating to the powers of river authorities engaged in the distribution and sale of electric energy and their relationship with affiliated non-profit corporations. To Committee on Business and Commerce. SB 1617 by Armbrister Relating to requiring the Texas Department of Transportation to establish and maintain a state airport in Central Texas. To Committee on State Affairs. SB 1618 by Armbrister Relating to the authority of electric cooperative corporations to receive indemnity from certain persons involved in mining lignite. To Committee on Business and Commerce. SB 1619 by Armbrister Relating to the validation of the creation and to the administration, powers, duties, operation, and financing of the Hays County Water Control and Improvement District No. 1 and the provision of certain services in the district. To Committee on Natural Resources. SB 1620 by Armbrister Relating to the validation of the creation and to the administration, powers, duties, operation, and financing of the Hays County Water Control and Improvement District No. 2 and the provision of certain services in the district. To Committee on Natural Resources. SB 1621 by Barrientos, Gallegos Relating to civil remedies for persons illegally denied the right to rent a dwelling using a Section 8 Housing voucher. To Committee on Jurisprudence. SB 1622 by Barrientos, Lucio Relating to the regulation of amusement rides; providing a criminal penalty. To Committee on Business and Commerce. SB 1623 by Cain Relating to the sale of Woodlawn by the State Preservation Board. To Committee on Administration. SB 1624 by Cain Relating to a trust fund for the purpose of maintaining and preserving the Capitol, the General Land Office Building, their contents, and their grounds. To Committee on Administration. SB 1625 by Ellis Relating to Texas Education Agency guidelines for certain after-school and summer programs. To Committee on Education. Wednesday, March 14, 2001SENATE JOURNAL 729

SB 1626 by Armbrister Relating to authorizing an environmental service fee at Southwest Texas State University. To Committee on Education. SB 1627 by Wentworth, Shapiro Relating to the creation of the atmosphere modification research program and center. To Committee on Natural Resources. SB 1628 by Wentworth Relating to the jurisdiction of statutory probate courts and to conforming procedures for transferring juvenile proceedings to certain courts. To Committee on Jurisprudence. SB 1629 by Wentworth Relating to the creation, administration, powers, duties, operations, and financing of Cibolo Canyon Conservation and Improvement District No. 1; granting the authority to impose taxes and issue bonds; granting the power of eminent domain. To Committee on Intergovernmental Relations. SB 1630 by Wentworth Relating to the ratification of the creation of and to the administration, powers, duties, operation, and financing of the Cow Creek Groundwater Conservation District. To Committee on Natural Resources. SB 1631 by Bernsen Relating to the authority of certain municipalities to regulate nuisances. To Committee on Intergovernmental Relations. SB 1632 by Bernsen Relating to municipalities that are exempt from giving security for court costs. To Committee on Intergovernmental Relations. SB 1633 by Bernsen Relating to the approval of attorneys' fees for defending an insurance company in a workers' compensation claim. To Committee on Business and Commerce. SB 1634 by Bernsen Relating to the approval of attorneys' fees for defending an insurance company in a workers' compensation claim. To Committee on Business and Commerce. SB 1635 by Bernsen Relating to firefighter employee relations in certain political subdivisions; providing penalties. To Committee on Intergovernmental Relations. SB 1636 by Bernsen, Nelson Relating to the use of a portion of medical school tuition for student loan repayment assistance for physicians. To Committee on Education. 730 77th Legislature — Regular Session 36th Day

SB 1637 by Bernsen, Shapleigh Relating to discount cards deceptively marketed as insurance. To Committee on Business and Commerce. SB 1638 by Bernsen Relating to the creation of the Bolivar Conservation District; providing the authority to impose taxes and issue bonds. To Committee on Intergovernmental Relations. SB 1639 by Bernsen Relating to counties authorized to create coastal county conservation districts. To Committee on Intergovernmental Relations. SB 1640 by Bernsen Relating to a provision for the payment or transfer of a person's interest in a mutual fund account on the person's death. To Committee on Jurisprudence. SB 1641 by Bernsen Relating to financial assistance for water development projects to offset the effects of interbasin transfers. To Committee on Natural Resources. SB 1642 by Bernsen Relating to delivering water down bed and banks. To Committee on Natural Resources. SB 1643 by Bernsen Relating to the review by the governor of certain conveyances for conservation purposes. To Committee on Natural Resources. SB 1644 by Bernsen Relating to rights to appropriated water that is returned to a watercourse or stream. To Committee on Natural Resources. SB 1645 by Bernsen Relating to limiting the water rights to be protected from an indirect reuse permit. To Committee on Natural Resources. SB 1646 by Bernsen Relating to conferring on the Coastal Water Authority the power to abandon or deconstruct a canal, ditch, or lateral; changing the qualifications of the authority's board of directors; and authorizing the authority to issue refunding bonds. To Committee on Natural Resources. SB 1647 by Bernsen Relating to payment for legal representation by persons on community supervision. To Committee on Jurisprudence. SB 1648 by Bernsen Relating to the administration and application of the sex offender registration program. To Committee on Criminal Justice. Wednesday, March 14, 2001SENATE JOURNAL 731

SB 1649 by Bernsen Relating to authorizing overtime compensation for certain state employees performing duties related to declared disasters. To Committee on Finance. SB 1650 by Bernsen Relating to certain state agency expenses incurred during a state or federal declared disaster. To Committee on Finance. SB 1651 by Bernsen, Truan Relating to improving the disaster mitigation services provided by the division of emergency management. To Committee on Finance. SB 1652 by Bernsen Relating to the funding and operation of certain emergency management and disaster relief programs. To Committee on Finance. SB 1653 by Bernsen Relating to prohibition of disclosure of defense counsel's fee statements by liability insurers; providing a civil penalty. To Committee on Business and Commerce. SB 1654 by Bernsen Relating to the provision of defense counsel to insureds by liability insurers; providing a civil penalty. To Committee on Business and Commerce. SB 1655 by Sibley Relating to the creation, administration, powers, duties, operation, and financing of the Middle Trinity Groundwater Conservation District. To Committee on Natural Resources. SB 1656 by Sibley Relating to the duties and responsibilities of the Council on Workforce and Economic Competitiveness. To Committee on Business and Commerce. SB 1657 by Sibley Relating to the authority of the Brazos River Authority to discover, develop, produce, and use groundwater in the Brazos River Basin and environs. To Committee on Natural Resources. SB 1658 by Sibley Relating to production of documents produced in response to an investigation by the Texas Department of Insurance. To Committee on Business and Commerce. SB 1659 by Sibley Relating to the format of telecommunications utility billing statements. To Committee on Business and Commerce. 732 77th Legislature — Regular Session 36th Day

SB 1660 by Sibley Relating to certain cemeteries operated by a non-profit cemetery corporation. To Committee on State Affairs. SB 1661 by Sibley Relating to access to utility poles of electric and telephone utilities. To Committee on Business and Commerce. SB 1662 by Sibley Relating to the expiration of the Property Redevelopment and Tax Abatement Act. To Committee on Intergovernmental Relations. SB 1663 by Sibley Relating to simplified sales and use tax administration. To Committee on Finance. SB 1664 by Wentworth Relating to the retirement eligibility of certain classroom teachers in the Teacher Retirement System of Texas. To Committee on Education. SB 1665 by Armbrister Relating to the expunction of certain arrest records and files. To Committee on Criminal Justice. SB 1666 by Cain Relating to the ineligibility of a delinquent child support obligor to receive state-funded or state-administered student financial assistance. To Committee on Jurisprudence. SB 1667 by Cain Relating to records retained for taxation purposes by alcoholic beverage permittees. To Committee on Business and Commerce. SB 1668 by Cain Relating to incentives under the Texas Racing Act for the Thoroughbred or Arabian horse breeding industry in this state. To Committee on State Affairs. SB 1669 by Cain Relating to the application of statutes that classify political subdivisions according to population. To Committee on Administration. SB 1670 by Cain Relating to the creation of a judicial district composed of Rockwall County. To Committee on Finance. SB 1671 by Jackson Relating to the issuance of bonds by school districts for the purchase of school buses. To Committee on Education. SB 1672 by Jackson Relating to the disposition of certain real property owned by the state. To Committee on Natural Resources. Wednesday, March 14, 2001SENATE JOURNAL 733

SB 1673 by Jackson Relating to review of the termination of agreements with certain insurance agents; providing an administrative penalty. To Committee on Business and Commerce. SB 1674 by Jackson Relating to the regulation of air conditioning and refrigeration contractors and technicians. To Committee on Business and Commerce. SB 1675 by Jackson Relating to the conduct of the business of certain surety companies. To Committee on Business and Commerce. SB 1676 by Jackson Relating to the requirements associated with notice by publication in a newspaper. To Committee on State Affairs. SB 1677 by Jackson Relating to the applicability of procedures governing restrictive covenants in certain residential subdivisions. To Committee on Intergovernmental Relations. SB 1678 by Jackson Relating to exempting certain electronic information services from the sales and use tax. To Committee on Finance. SB 1679 by Jackson Relating to sunset review of the Port of Houston Authority. To Committee on Natural Resources. SB 1680 by Jackson Relating to audits of the promotion and development fund of a navigation district. To Committee on Natural Resources. SB 1681 by Jackson Relating to the procedures governing the prosecution and administration of misdemeanor offenses in the jurisdiction of the justice and municipal courts. To Committee on Jurisprudence. SB 1682 by Jackson Relating to the taxes and fees administered by the Comptroller related to the Insurance Code. To Committee on Finance. SB 1683 by Jackson Relating to the management of money earned by certain children while receiving services from the Department of Protective and Regulatory Services. To Committee on Health and Human Services. SB 1684 by Jackson, Cain Relating to removal of malt liquor, ale, and beer from the premises of a holder of a mixed beverage permit and a brewpub license. To Committee on Business and Commerce. 734 77th Legislature — Regular Session 36th Day

SB 1685 by Jackson Relating to the creation of the Galveston Seawall Conservation District; providing the authority to impose taxes and issue bonds. To Committee on Natural Resources. SB 1686 by Jackson Relating to the creation of the West Galveston Island Conservation District; providing the authority to impose taxes and issue bonds. To Committee on Natural Resources. SB 1687 by Ellis Relating to the sale, lease, and purchase of interests in real property for the permanent school fund. To Committee on Education. SB 1691 by Wentworth Relating to judicial review under the Administrative Procedure Act of state agency orders and decisions and of the validity of agency rules. To Committee on Jurisprudence. SB 1692 by West Relating to research excellence compensation for medical school faculty achieving national recognition. To Committee on Education. SB 1693 by Gallegos, Whitmire Relating to local control of police officer employment matters by certain municipalities. To Committee on Intergovernmental Relations. SB 1694 by Gallegos Relating to local control of county law enforcement employment matters in certain counties. To Committee on Intergovernmental Relations. SB 1695 by Shapleigh Relating to the election of trustees in certain school districts. To Committee on Education. SB 1696 by Ogden Relating to the regulation of the subdivision of land under the jurisdiction of counties. To Committee on Intergovernmental Relations. SB 1697 by Barrientos Relating to the composition of an advisory committee to the Lower Colorado River Authority's agricultural water conservation fund. To Committee on Natural Resources. SB 1698 by Barrientos Relating to employment discrimination based on certain employer-imposed language requirements. To Committee on Business and Commerce. Wednesday, March 14, 2001SENATE JOURNAL 735

SB 1699 by Truan Relating to the conditions for issuance of revenue bonds by the Veterans' Land Board. To Committee on Veteran Affairs and Military Installations. SB 1700 by Lucio Relating to the support and improvement of strategic investment areas and rural areas through the deployment of high-speed and advanced services. To Committee on Business and Commerce. SB 1701 by Staples Relating to the use of previous convictions in the punishment of certain repeat and habitual felony offenders. To Committee on Criminal Justice. SB 1702 by Staples Relating to the optional exemption from jury duty based on age. To Committee on Jurisprudence. SB 1703 by Staples Relating to the creation of a judicial district in Nacogdoches County, Texas. To Committee on Finance. SB 1704 by Wentworth, Zaffirini Relating to the ratification of the creation of and to the administration, powers, duties, operation, taxing authority, and financing of the Southeast Trinity Groundwater Conservation District. To Committee on Natural Resources. SB 1705 by Van de Putte Relating to the election of school district trustees from single-member districts. To Committee on Education. SB 1706 by Van de Putte Relating to arbitration. To Committee on Jurisprudence. SB 1707 by Van de Putte Relating to prohibiting discrimination and tying of services and to allowing underwriting by certain insurance companies. To Committee on Business and Commerce. SB 1708 by Van de Putte Relating to certain subdivision improvements and the bond requirements for certain subdivision improvements. To Committee on Intergovernmental Relations. SB 1709 by Van de Putte Relating to activity of a criminal street gang that constitutes a public nuisance. To Committee on Criminal Justice. SB 1710 by Van de Putte Relating to deadlines and terms of local tax abatement agreements. To Committee on Intergovernmental Relations. 736 77th Legislature — Regular Session 36th Day

SB 1711 by Van de Putte Relating to allowing municipalities and counties to grant tax abatement agreements to lessees. To Committee on Intergovernmental Relations. SB 1712 by Van de Putte Relating to emergency service districts. To Committee on Intergovernmental Relations. SB 1713 by Van de Putte Relating to the carrying of weapons by peace officers and by special investigators. To Committee on Criminal Justice. SB 1714 by Van de Putte Relating to a legislative leave time bank for peace officers and firefighters. To Committee on Intergovernmental Relations. SB 1715 by Van de Putte Relating to the amount of compensation and allowances for county auditors. To Committee on Intergovernmental Relations. SB 1716 by Van de Putte Relating to the authority of a county to establish public improvement districts. To Committee on Intergovernmental Relations. SB 1717 by Van de Putte Relating to the ability of a motor vehicle insurer to obtain a release from liability or obtain certain statements with respect to a motor vehicle accident; providing a penalty. To Committee on Business and Commerce. SB 1718 by Bernsen Relating to occupational licenses and registrations issued by the Texas Natural Resource Conservation Commission. To Committee on Natural Resources. SB 1719 by Harris Relating to the authority of a guardian of the person of a ward to consent to the voluntary admission of the ward to an inpatient psychiatric facility. To Committee on Jurisprudence. SB 1720 by Cain Relating to requirements for the sale and use of electronic and mechanical bingo card-minders. To Committee on State Affairs. SB 1721 by Carona Relating to the clarifying prohibition against impermissible consideration of race, color, sex, national origin, religion, age, or disability in employment practices. To Committee on Business and Commerce. SB 1722 by Bivins Relating to the transfer of the Amarillo campus of the Texas State Technical College System to Amarillo College. To Committee on Education. Wednesday, March 14, 2001SENATE JOURNAL 737

SB 1723 by Bivins Relating to education loans made or financed by a higher education authority or nonprofit corporation. To Committee on Education. SB 1724 by Cain, Barrientos Relating to the prosecution of and punishment for the offense of cruelty to animals. To Committee on Criminal Justice. SB 1725 by Cain Relating to the creation of the Texas Fuel Cell Commercialization Initiative and the redirection of certain federal Oil Overcharge Restitution Funds. To Committee on Finance. SB 1726 by Cain Relating to employment contract requirements for certain public school teachers. To Committee on Education. SB 1727 by Cain, West Relating to staff development provided by school districts. To Committee on Education. SB 1728 by Cain Relating to funds used to satisfy a school district's share of an instructional facilities allotment or existing debt allotment. To Committee on Education. SB 1729 by Cain Relating to uses of the guaranteed yield component of the Foundation School Program, treatment of lease payments under the Public Property Finance Act, payment of lease contracts under the Local Government Code and the Education Code, and the permanent school fund guarantee under the Education Code. To Committee on Education. SB 1730 by Cain, Bernsen Relating to the small and mid-sized district adjustment under the public school finance system. To Committee on Education. SB 1731 by Cain Relating to the career and technology education programs of public schools. To Committee on Education. SB 1732 by Cain Relating to state-subsidized child care for certain children under four years of age. To Committee on Health and Human Services. SB 1733 by Cain Relating to training for certain public school teachers and care givers in certain early childhood programs. To Committee on Education. 738 77th Legislature — Regular Session 36th Day

SB 1734 by Cain Relating to grants awarded by the commissioner of education to promote pre-reading instruction. To Committee on Education. SB 1735 by Cain Relating to special education, the reporting of performance data of students in certain special programs, and to the educational rights of a minor whose disabilities are removed for general purposes. To Committee on Education. SB 1736 by Cain Relating to the waiver of penalties and interest if an error of a taxing unit or appraisal district results in failure to pay an ad valorem tax. To Committee on Intergovernmental Relations. SB 1737 by Cain Relating to a property owner's right of access to records and information used in appraising property for property taxation. To Committee on Intergovernmental Relations. SB 1738 by Cain Relating to standards for on-site sewage disposal systems. To Committee on Natural Resources. SB 1739 by Cain Relating to the regulation of health benefit plans. To Committee on Business and Commerce. SB 1740 by Cain Relating to requirements for establishing a warehouseman's lien. To Committee on Business and Commerce. SB 1741 by Van de Putte Relating to a committee to develop a homework curriculum for use by public school students through the Internet. To Committee on Education. SB 1742 by Nelson Relating to allowing a closed session for a school board to consider student matters. To Committee on Education. SB 1743 by Nelson Relating to designation and release of directory information under the federal Family Educational Rights and Privacy Act. To Committee on Education. SB 1744 by Shapleigh Relating to the regulation of certain sales of water to be transported by pipeline. To Committee on Natural Resources. SB 1745 by Haywood Relating to generally prohibiting governmental entities from leasing office building space. To Committee on State Affairs. Wednesday, March 14, 2001SENATE JOURNAL 739

SB 1746 by Haywood Relating to exempting computers and computer repairs from the sales tax. To Committee on Finance. SB 1747 by Haywood Relating to the offense of theft of livestock from a commission merchant. To Committee on Natural Resources. SB 1748 by Haywood Relating to prima facie evidence for the offense of theft of livestock, exotic livestock, or exotic fowl. To Committee on Natural Resources. SB 1749 by Haywood Relating to exempting certain gas used on the lease from the production tax. To Committee on Finance. SB 1750 by Haywood Relating to authorizing plans for unit operations for oil or oil and gas production. To Committee on Natural Resources. SB 1751 by Haywood Relating to the Texas Energy Resource Council. To Committee on Natural Resources. SB 1752 by Wentworth Relating to the creation, administration, powers, duties, operation, and financing of the Kimble County Groundwater Conservation District. To Committee on Natural Resources. SB 1753 by Cain Relating to treatment of lease payments under the Public Property Finance Act. To Committee on Education. SB 1754 by Nelson Relating to the information practices of government and to certain information practices of the private sector that affect the privacy of citizens of this state; providing penalties and creating a privacy task force. To Committee on Business and Commerce. SCR 38 by Bernsen Granting Dr. Roger Foxall permission to sue the State of Texas and the Texas State Board of Examiners of Professional Counselors. To Committee on Finance. SCR 39 by Van de Putte Granting Carmen R. Melenyzer permission to sue the State of Texas and John Cornyn, Attorney General of the State of Texas. To Committee on Finance. SCR 40 by Sibley, Cain Memorializing Congress to support the request of the Raytheon Company to carry out the C-130 avionics modernization program at its Waco facility. To Committee on Business and Commerce. 740 77th Legislature — Regular Session 36th Day

SJR 40 by Lucio Proposing a constitutional amendment providing for the establishment of a public education facilities assistance fund. To Committee on Education. SJR 41 by Lucio Proposing a constitutional amendment providing for authorization of the borrowing of money on a short-term basis by a state transportation agency for transportation-related projects. To Committee on Finance. SJR 42 by Carona Proposing a constitutional amendment correcting technical errors in home equity lien provisions of the Texas Constitution and clarifying a lender's ability to cure certain violations of the home equity lien provisions. To Committee on Business and Commerce. SJR 43 by Carona Proposing a constitutional amendment simplifying requirements for certain refinances of home equity loans without additional cash advances. To Committee on Business and Commerce. SJR 44 by Duncan, Ellis Proposing a constitutional amendment relating to the annual distributions of the Available University Fund. To Committee on Finance. SJR 45 by Duncan Proposing a constitutional amendment relating to the allocation of the constitutional appropriation to certain institutions of higher education not entitled to participate in funding from the available university fund. To Committee on Finance. SJR 46 by Harris Proposing a constitutional amendment to transfer to the economic stabilization fund certain excess earnings on investments of money in the general revenue fund. To Committee on Finance. SJR 47 by Gallegos Proposing a constitutional amendment to authorize the legislature to exempt from ad valorem taxation raw cocoa and green coffee that is held in Harris County. To Committee on Intergovernmental Relations. SJR 48 by Ellis Proposing a constitutional amendment providing for the issuance of bonds to augment funds for low and very low income housing. To Committee on Intergovernmental Relations. SJR 49 by Armbrister Proposing a constitutional amendment to promote uniformity in the collection, deposit, reporting, and remitting of civil and criminal fees. To Committee on Finance. Wednesday, March 14, 2001SENATE JOURNAL 741

HOUSE BILLS ON FIRST READING The following bills received from the House were read first time and referred to the committees indicated: HB 102 to Committee on Health and Human Services. HB 453 to Committee on Natural Resources. HB 630 to Committee on Intergovernmental Relations. HB 1127 to Committee on Education. HB 1362 to Committee on State Affairs. SENATE BILL 1081 REREFERRED Senator Shapiro submitted a Motion In Writing requesting that SB 1081 be withdrawn from the Committee on Education and rereferred to the Committee on Intergovernmental Relations. The Motion In Writing prevailed without objection. SENATE BILL 1330 REREFERRED Senator Brown submitted a Motion In Writing requesting that SB 1330 be withdrawn from the Committee on Business and Commerce and rereferred to the Committee on Natural Resources. The Motion In Writing prevailed without objection. SENATE BILL 1331 REREFERRED Senator Brown submitted a Motion In Writing requesting that SB 1331 be withdrawn from the Committee on Business and Commerce and rereferred to the Committee on Natural Resources. The Motion In Writing prevailed without objection. SENATE BILL 1332 REREFERRED Senator Brown submitted a Motion In Writing requesting that SB 1332 be withdrawn from the Committee on Finance and rereferred to the Committee on Natural Resources. The Motion In Writing prevailed without objection. SENATE BILL 1333 REREFERRED Senator Brown submitted a Motion In Writing requesting that SB 1333 be withdrawn from the Committee on Intergovernmental Relations and rereferred to the Committee on Natural Resources. The Motion In Writing prevailed without objection. RESOLUTIONS OF RECOGNITION The following resolutions were adopted by the Senate: Memorial Resolutions SR 466 by Shapleigh, In memory of Thomas Gerard Tullius of El Paso. SR 467 by Shapleigh, In memory of Sergeant Rafael Olvera Rodriguez of El Paso. 742 77th Legislature — Regular Session 36th Day

Welcome and Congratulatory Resolutions SR 460 by Barrientos, Commending Bishop John McCarthy of Austin. SR 461 by Barrientos, Congratulating Tom Mikulastik. SR 462 by Barrientos, Congratulating Beth Ann Bryan. SR 464 by Jackson, Congratulating Gene Hollier of Houston. SR 465 by Jackson, Welcoming a delegation from Saint Barnabas Day School in Houston. SR 468 by Shapleigh, Congratulating Jesse O. Lascano of El Paso. SR 469 by Ellis, Congratulating the Reverend Harold G. Robinson, Jr., and Mrs. Robinson. SR 470 by Ellis, Congratulating Auxiliary Bishop Alva Chester Nelson, Jr., of Houston. SR 471 by Truan, Commending El Paraiso in Corpus Christi. SR 472 by Truan, Congratulating Leo A. Gonzalez of Corpus Christi. Designation Resolution SR 463 by Barrientos, Recognizing Jacques Etcheber as an Honorary Texan. RECESS Pursuant to a previously adopted motion, the Senate at 2:55 p.m. recessed until 8:00 a.m. tomorrow.

APPENDIX

COMMITTEE REPORTS The following committee reports were received by the Senate: March 14, 2001 INTERGOVERNMENTAL RELATIONS — SB 337, SB 613, SB 650, SB 739, SB 797, SB 969, CSSB 201, CSSB 509, CSSB 782 STATE AFFAIRS — SB 154, SB 304, SB 694, SB 695, SB 777, CSSB 799, CSSB 587, CSSB 487 SENT TO GOVERNOR March 14, 2001 SB 286 Wednesday, March 14, 2001SENATE JOURNAL 743

In Memory of Dickie Ingram Senator Madla offered the following resolution: (Senate Resolution 458) WHEREAS, Those who work in and around the Capitol Complex are a close-knit community, and the untimely death of Dickie Ingram on December 22, 1999, at the age of 49, was keenly felt by all who came to know and respect this remarkable Texan; and WHEREAS, Mr. Ingram was born in Wellington on September 20, 1950, to John and June Ingram, the eldest of three sons; he attended Texas Tech University on a football scholarship, and earned his law degree from Baylor University Law School in 1974; and WHEREAS, Subsequently admitted to the State Bar of Texas, Mr. Ingram was a brilliant attorney and strategist; the general counsel for the Texas Municipal League for four years, he served as executive director of the Gulf Coast Conservation Association before teaming with Jack Gullahorn for several years in private practice and joining Akin, Gump, Strauss, Hauer & Feld in 1986; Mr. Ingram cofounded the Polan Ingram Advocacy Group in 1992, and throughout his career he was a familiar and welcome presence in the State Capitol, where he could often be seen deep in conversation sporting his trademark cigar; and WHEREAS, In addition, Mr. Ingram was an avid sportsman and a leading conservationist; a member of the Texas Cutter Horse Association and the Texas Cattle Raisers Association, he also loved to fish, and his efforts to protect and preserve the natural resources of this state brought him to the forefront of numerous legislative issues and earned him the "Perry Bass Award" from the Texas Parks and Wildlife Department in September 2000; and WHEREAS, He married the former Maya Garcia on November 30, 1990, and greatly enjoyed spending time with his wife and children, Andrea, Cristina, Brittany, Paige, and Barrett at the family's ranch in Lytton Springs; and WHEREAS, Though his time on this earth was far too short, Dickie Ingram lived life to the fullest, and he will be remembered with affection and admiration by those who treasured his friendship and counsel; now, therefore, be it RESOLVED, That the Senate of the 77th Texas Legislature hereby pay tribute to the life of Dickie Ingram and extend sincere sympathy to the members of his family: to his wife, Maya Ingram; to his children, Andrea, Cristina, Brittany, Paige, and Barrett Ingram; to his parents, John and June 744 77th Legislature — Regular Session 36th Day

Ingram; to his brothers, Tom and Harry Ingram; and to his other relatives and many friends; and, be it further RESOLVED, That an official copy of this resolution be prepared for his family and that when the Texas Senate adjourns this day, it do so in memory of Dickie Ingram. The resolution was read. On motion of Senator Truan and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof. On motion of Senator Madla and by unanimous consent, the resolution was adopted by a rising vote of the Senate. Senator Madla was recognized and introduced to the Senate family members of Dickie Ingram: his wife Maya, and his children Andrea, Cristina, and Brittany. The Senate welcomed its guests and extended its sympathy. On motion of Senator Truan and by unanimous consent, the following remarks regarding SR 458 were ordered reduced to writing and printed in the Senate Journal: Senator Madla: Thank you Mr. President. Members, as all of you know I very rarely bring resolutions, or get up and speak on resolutions, to the floor of the Senate. Today I have SR 458 in honor of the memory of Dickie Ingram who was a good friend to many of us. I first met Dickie sometime in 1975 when he was the general counsel for the Texas Municipal League. I came to value his friendship and to admire his great capacity to give of himself, not just to those individuals that he represented in the legislature but to his family and obviously his children. Dickie always had a twinkle in his eye, he had a ready smile, and a very strong handshake. There is no question that he is going to be missed by the members of his family—his wife Maya, the three children that are with us today, Andrea, Cristina, and Brittany—and, obviously, he will be missed by those of us whose lives he touched, for those of us who worked with him on a daily basis during the legislative session. So, Members, I am going to ask you to please adopt this resolution, SR 458. Senator Lucio: Thank you Mr. President. Members, I rise in support of this memorial resolution. I had the pleasure of knowing Dickie since the late 1980s when I first came into the Legislature in the House of Representatives. We worked on a lot of good issues for the people of Texas. I know that at times we look at "lobbyist" as being a negative word, or someone we shouldn't be associated with, but these men and women that do lobby bring to us a world of information that helps us make a decision that is good for the people that we represent in our great state. Dickie was a great guy to be around with. I did play a round of golf or two with him, and I did Wednesday, March 14, 2001SENATE JOURNAL 745

stand behind your Daddy when we played golf because he was a little wild. But he had a great heart and that is why I stand here before you, and I want you to know—and I'm addressing the children, his children here today—that you can be proud of the life that he had here on Earth. He showed a great deal of compassion and understanding, and he often spoke about his family, which was the most important thing in his life. Even though he's not with us anymore, we have some great memories, and I know you do too, that will help you carry your lives forward. I know that the short period of time that you knew your Daddy will help you become great citizens of our great state. So I join in this memorial resolution here today. Senator Duncan: Thank you Mr. President. Senator Madla, I, too, join in this resolution. Dickie Ingram was one of the first people I got to know when I came to the Legislature in 1993, but I felt like I knew him because he was a Texas Tech graduate and he was a football player there, an athlete, very successful at that, obviously very successful in law school, and was a successful lawyer in this community. Dickie was a good friend, and you know for some reason or another, and I don't know why, but this morning as I was driving in, I was thinking that we needed to do something to remember Dickie. Dickie was one of the people that, when you'd see him in the hall, was one of the guys you always wanted to talk to. He was a friendly face, somebody that always picked you up. I liked this resolution because I think it helps us celebrate the life of Dickie Ingram, because he was truly a life that brought a lot of life to this legislative process. Thank you for bringing this and remembering a great Texan. Senator Brown: Thank you Mr. President. I, too, would like to rise to support this memorial resolution of a long-time good friend. I came to the Legislature in 1981 and, as some of you may recall, I know that Senator Truan was here, that was the famous session when we discussed the issue of redfish and trout as a sports fishing issue, and Dickie Ingram was the main party in that effort. If you ever go to the coast of Texas and catch a redfish or a trout, you can thank Dickie Ingram for having worked as hard as he did to help establish that program. One of the things I think you all know, the children know, is that he did everything with a zeal. He enjoyed life, he enjoyed his family, he enjoyed his work, and he did it all with a real gusto. Anybody that ever worked with Dickie Ingram knew that he was an outstanding man, an honest man, true to his family, true to his state, and one that we know you're proud of, and all of us are proud of him. Senator Van de Putte: Thank you Mr. President, Members. Senator Madla, I want to thank you for bringing this resolution and I rise today to offer my support. What I'd like to do, though, is talk to the girls. You know you shared your Daddy with us, and what everybody has said here is absolutely true, but what you don't know is that what he did here was very important, and that he helped be a part of this decision making that we call public policy, and he did 746 77th Legislature — Regular Session 36th Day

it with great style. He did it and he made it fun. As much as he loved his work here, I want you to know that he loved you more. We knew that you were number one in his life. We are going to miss him because he did things and he said things that were funny, and we miss that, and we can never replace that. Please know that your Daddy was a great guy, and we enjoyed being with him, we enjoyed his laughs, we enjoyed the way he made things simple for us to understand sometimes on a very complicated issue, that he just brought it all down to what was really important. He was a great guy. We loved him, but please know that he loved you more. On motion of Senator Truan and by unanimous consent, the Senate policy which governs the release of videotapes of Senate proceedings was waived to grant the Senate permission to present the family of Dickie Ingram with a videotape of the presentation of SR 458.