Thursday, March 15, 2001SENATE JOURNAL 753 THIRTY-SEVENTH DAY

THURSDAY, MARCH 15, 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, Wentworth, West, Whitmire, Zaffirini, Mr. President. The President announced that a quorum of the Senate was present. Chaplain Steve Best, Austin Police Department, Austin, offered the invocation as follows: God of all space and all time, we lift up in prayer this morning the Members, officers, and staff of the Senate of the State of Texas. Collectively and individually, we turn our thoughts to You, O God, and we open our hearts to Your spirit in a prayer for understanding and patience in the expression of ideas and opinions, for compassion and mercy in deliberation of social and economic issues, and for wisdom in decision making. In this quiet moment, may there come a sweetness of disposition that all may know that You are in this place. And from this holy interlude may there flow light and inspiration that will remain with each of us until evening time when You bring Your whispered benediction, "Well done, good and faithful servant." We pray this prayer in Your holy and gracious name. Shalom and 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. CO-AUTHOR OF SENATE BILL 89 On motion of Senator Nelson and by unanimous consent, Senator Shapiro will be shown as Co-author of SB 89. CO-AUTHOR OF SENATE BILL 465 On motion of Senator Shapleigh and by unanimous consent, Senator Lucio will be shown as Co-author of SB 465. CO-AUTHOR OF SENATE BILL 607 On motion of Senator Van de Putte and by unanimous consent, Senator West will be shown as Co-author of SB 607. 754 77th Legislature — Regular Session 37th Day

CO-AUTHOR OF SENATE BILL 797 On motion of Senator Wentworth and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 797. CO-AUTHORS OF SENATE BILL 866 On motion of Senator Nelson and by unanimous consent, Senators Bernsen and Ellis will be shown as Co-authors of SB 866. CO-AUTHOR OF SENATE BILL 1156 On motion of Senator Zaffirini and by unanimous consent, Senator Ogden will be shown as Co-author of SB 1156. CO-AUTHOR OF SENATE BILL 1216 On motion of Senator Madla and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 1216. CO-AUTHORS OF SENATE BILL 1456 On motion of Senator Lucio and by unanimous consent, Senators Moncrief and Shapleigh will be shown as Co-authors of SB 1456. CO-AUTHOR OF SENATE BILL 1541 On motion of Senator Duncan and by unanimous consent, Senator Brown will be shown as Co-author of SB 1541. CO-AUTHOR OF SENATE BILL 1704 On motion of Senator Wentworth and by unanimous consent, Senator Zaffirini will be shown as Co-author of SB 1704. CO-AUTHORS OF SENATE RESOLUTION 479 On motion of Senator Ellis and by unanimous consent, Senator Harris and President Ratliff will be shown as Co-authors of SR 479. PERMISSION TO INTRODUCE BILLS AND RESOLUTIONS Senator Truan moved to suspend Senate Rule 7.07(b) and Section 5, Article III of the Texas Constitution to permit the introduction of the following bills and resolution: SB 325, SB 1755, SB 1756, SB 1757, SB 1758, SB 1759, SB 1760, SJR 50. The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1. Present-not voting: Mr. President. SENATE BILLS AND RESOLUTION ON FIRST READING The following bills and resolution were introduced, read first time, and referred to the committees indicated: SB 325 by Sibley Relating to protection of water quality from certain animal feeding operations. To Committee on Natural Resources. Thursday, March 15, 2001SENATE JOURNAL 755

SB 1755 by Sibley Relating to circumstances under which a publisher or manufacturer of textbooks must maintain or arrange for a textbook depository in this state. To Committee on Education. SB 1756 by Sibley Relating to creating the Office of Rural Community Affairs. To Committee on State Affairs. SB 1757 by Carona Relating to a consumer assistance program for health benefit plan consumers. To Committee on Business and Commerce. SB 1758 by Zaffirini Relating to the boundaries of the Beeville Water Supply District. To Committee on Natural Resources. SB 1759 by Armbrister Relating to the issuance and sale of and security and payment for public securities. To Committee on Intergovernmental Relations. SB 1760 by Lucio, Barrientos, Ellis, Madla, Truan, Zaffirini Relating to the housing trust fund. To Committee on Intergovernmental Relations. SJR 50 by Lucio, Barrientos, Ellis, Madla, Truan, Zaffirini 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. HOUSE BILLS ON FIRST READING The following bills received from the House were read first time and referred to the committees indicated: HB 122 to Committee on Intergovernmental Relations. HB 360 to Committee on Jurisprudence. HB 459 to Committee on Education. HB 969 to Committee on Intergovernmental Relations. HB 1130 to Committee on Finance. PHYSICIAN OF THE DAY Senator Zaffirini was recognized and presented Dr. Leonides Cigarroa, Jr., of Laredo as the Physician of the Day. The Senate welcomed Dr. Cigarroa and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians. 756 77th Legislature — Regular Session 37th Day

MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas March 15, 2001 The Honorable President of the Senate Senate Chamber Austin, Texas Mr. President: I am directed by the House to inform the Senate that the House has taken the following action: THE HOUSE HAS PASSED THE FOLLOWING MEASURES: HB 120, Relating to student intercollegiate athletic fees at The University of Texas of the Permian Basin. HB 317, Relating to the location where the court of appeals for the Sixth Court of Appeals District transacts business. HB 444, Relating to the requirements for write-in candidates in a special election for city officers. HB 656, Relating to the statute of limitations for purposes of prosecuting certain felony sex offenses. HB 769, Relating to the fees imposed in certain child support cases. HB 782, Relating to the ability of a development corporation to receive funding from a municipality. HB 957, Relating to fees for food service establishment permits. 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 14, 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 JUSTICE OF THE SUPREME COURT OF TEXAS until the next General Election and until his successor shall be duly elected and qualified: Wallace B. Jefferson 103 Morgans Circle San Antonio, Texas 78216-8506 (to replace Alberto R. Gonzales of Austin who resigned) Thursday, March 15, 2001SENATE JOURNAL 757

TO BE MEMBERS OF THE TEXAS A&M UNIVERSITY BOARD OF REGENTS for terms to expire February 1, 2007: Phillip David Adams 20 Forest Drive College Station, Texas 77840 (to replace Robert H. Allen of Houston whose term expired) Lester Lowry Mays 500 Alameda Circle San Antonio, Texas 78212 (to replace Frederick D. McClure of Dallas whose term expired) Wendy Lee Gramm 1402 Post Oak Circle College Station, Texas 77840 (to replace Donald Powell of Amarillo whose term expired) Respectfully submitted, /s/Rick Perry Governor MESSAGE FROM THE ATTORNEY GENERAL The following Message from the Attorney General was read and was referred to the Committee on Nominations: OFFICE OF THE ATTORNEY GENERAL - STATE OF TEXAS JOHN CORNYN March 13, 2000 The Honorable Rick Perry Lt. Governor of Texas P.O. Box 12068 Austin, Texas 78711-2068 Dear Governor Perry: Pursuant to Natural Resources Code, Section 32.012, I am requesting the advice and consent of the Texas Senate regarding the reappointment of Mr. William (Bill) F. Warnick to the School Land Board. As always, thank you for your consideration in this matter and if any additional information is required, please do not hesitate to call me. Sincerely, /s/John Cornyn Attorney General of Texas

SENATE RESOLUTION 445 Senator Lindsay offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to honor the memory of Major Benjamin Franklin Bryant, an able and courageous forefather possessed of great leadership ability who helped Texas win its independence at the Battle of San Jacinto and succeed as a nation; and 758 77th Legislature — Regular Session 37th Day

WHEREAS, A native of Wilkes County, Georgia, Major Bryant was born March 15, 1800; he moved to Texas, along with his wife, Roxanna, and their children, in November, 1834, settling first in Shelby County and later relocating on the banks of Little River in western Milam County; and WHEREAS, When the war for Texas independence broke out, and Sam Houston called on all Texans to fight, Major Bryant took up arms and recruited 42 Sabine volunteers; on March 31, 1836, the group joined Sam Houston's main army at Groces Plantation on the Brazos River; and WHEREAS, For his service during the Battle of San Jacinto on April 21, 1836, as commander of the Seventh Company, Second Regiment of the Texian Volunteers under Colonel Sidney Sherman, Major Bryant received 640 acres from the Secretary of War of the Texas Republic on June 9, 1838; he later received another 640 acres for his service as a Texas Ranger and as an Indian Agent; and WHEREAS, After Texas gained its independence, Major Bryant continued to help lead the new nation; at the request of Sam Houston, he and his family moved to Milam County on the banks of the Little River and established a private fort known as Bryant Station; and WHEREAS, Major Bryant became a key figure in the dealings between Texas citizens and the Indians; while leading a company of settlers, he was wounded in a battle with Chief Jose Maria, an event which is now commemorated with an historical marker located on State Highway 6 near Marlin; Major Bryant later negotiated a treaty and smoked a peace pipe with Chief Maria; and WHEREAS, Major Bryant's contributions to Texas have also been honored on the memorial for San Jacinto Veterans of Sabine County, in Hemphill, Texas, on the San Jacinto Monument, and on Republic Hill in the Texas State Cemetery; and WHEREAS, This pioneer soldier and Texas Ranger passed away on March 24, 1857, and his wife, Roxanna, died years later on November 10, 1871; buried first at Bryant Station, Benjamin Franklin and Roxanna Bryant were reinterred in the State Cemetery at Austin in 1931, at which time Governor Pat Neff delivered a tribute speech in honor of these two eminent Texans; and WHEREAS, The descendants of Major Bryant have honored his memory by continuing to work for the betterment of Texas; Denton Bryant, the great-great-great-grandson of Major Benjamin Franklin Bryant, resides in Houston and currently serves as President of the San Jacinto Chapter 1 of the Sons of the Republic of Texas; and WHEREAS, Major Bryant's service as a frontiersman, Indian fighter, and peacemaker is well documented in Texas history, and our state owes much to this Texas patriot and the men and women of his era, who through their boldness, ambition, and strength, made Texas the great state it is today; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby honor the memory of Major Benjamin Franklin Bryant on his 201st birthday and extend a warm welcome to Denton Bryant, his family, the Sons of the Republic of Texas, the Daughters of the Republic of Texas, and the San Jacinto descendants on the occasion of their visit to the State Capitol; and, be it further RESOLVED, That a copy of this Resolution be prepared to celebrate the life of this true Texas hero. The resolution was read and was adopted by a viva voce vote. Thursday, March 15, 2001SENATE JOURNAL 759

GUESTS PRESENTED Senator Lindsay was recognized and introduced to the Senate family members of Major Benjamin F. Bryant: Denton Bryant and his wife, Jo Ann; Donna Bryant; Nancy Stowe and her husband, Ray; and Randy Billingsley and his wife, Connie. The Senate welcomed its guests. (Senator Truan in Chair) GUESTS PRESENTED Senator Haywood was recognized and introduced to the Senate his grandson Jeff Green, Jr., and his granddaughter Johna Green, accompanied by Mrs. Haywood. The Senate welcomed its guests. (President in Chair) (Senator Bernsen in Chair) SENATE RESOLUTION 456 Senator Armbrister offered the following resolution: WHEREAS, The Texas Senate is proud to recognize The , who have brought brilliant musical entertainment to Texas and to the world; and WHEREAS, The original idea for the Tornados came from , who brought the group into existence in 1989; members of the original group, besides Doug Sahm, were , , and Flaco Jimenez; they first played together at Slim's 303 Club, owned by Boz Scaggs, in San Francisco in December, 1989; and WHEREAS, As individuals who composed the band, each player had years of musical working experience: Doug Sahm, the musical genius who contributed his enthusiasm, knowledge of musical styles, and skill as a stellar guitar player; Augie Meyers, lifelong friend of Doug, who played guitar, accordion, and keyboards; Freddy Fender, vocalist and guitarist, who had already had two successful careers as a Hispanic pop star and a country pop star; and Flaco Jimenez, an outstanding conjunto accordionist who is still winning Grammy Awards; and WHEREAS, Individually, each member of the Tornados has had a successful career on his own; together, they made a unique sound composed of country and western two-steps, waltzes and polkas, romantic ballads, and Hispanic-flavored rock and roll; after signing a recording contract in 1990, the first record the group made, "The Texas Tornados", contained two songs which did extremely well on the charts; and WHEREAS, While stretching its musical boundaries, the group maintained a cohesive identity in its recordings and appearances; next, in 1991, they recorded "Zone of Our Own," which was met with great popular acclaim; the group then made a hit record roughly every two years; the last CD the group recorded was "Live from the Limo, Volume 1," and the group included Ernie Durawa, Speedy Sparks, Louie Ortega, Max Baca, and Oscar Tellez; and WHEREAS, Throughout the 1990s, The Texas Tornados performed many times in Europe; they appeared at places as far away as Australia, New Zealand, and Japan; the Tornados made appearances regularly at benefits, innumerable state fairs, the Houston Livestock Show and Rodeo, and in 1997, they were invited to perform at an inaugural ball for President Clinton; and 760 77th Legislature — Regular Session 37th Day

WHEREAS, Always in demand for live performances, the group spent many months each year touring; after the untimely death of Doug Sahm, in November, 1999, The Texas Tornados disbanded; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby pay tribute to the artistic excellence of The Texas Tornados and wish the remaining members success in all their endeavors; and, be it further RESOLVED, That a copy of this Resolution be prepared for them as an expression of the highest regard of the Texas Senate. The resolution was read and was adopted by a viva voce vote. GUESTS PRESENTED Senator Armbrister was recognized and introduced to the Senate Augie Meyers, Ernie Durawa, Speedy Sparks, Louie Ortega, and Max Baca, all of the Texas Tornados. The Senate welcomed its guests. GUESTS PRESENTED Senator Cain, on behalf of President Ratliff, was recognized and introduced to the Senate a delegation of citizens from the City of Mount Vernon. The Senate welcomed its guests. SENATE RESOLUTION 448 Senator Moncrief offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to recognize the achievements of the School of Public Health at The University of North Texas Health Science Center; and WHEREAS, The University of North Texas Health Science Center submitted its proposal to the Texas Higher Education Coordinating Board for a third school within the center in 1998; that same year, the university received accreditation from the Council of Education for Public Health for the Master of Public Health Program; and WHEREAS, In 1999, the 76th Legislature of the State of Texas funded and granted approval to establish the first School of Public Health to serve the North Texas area; and WHEREAS, The University of North Texas Health Science Center's Master of Public Health Program quickly became successful, and soon after it was established, it was commended by the community for the high-quality education it provides; by the year 2000, the Master of Public Health Program was rated 19th in the nation by U. S. News and World Report; and WHEREAS, Student enrollment in the Master of Public Health Program has exceeded all expectations, and The University of North Texas Health Science Center deserves credit for an excellent program designed to meet the growing need for public health education in the Fort Worth/Dallas Metroplex; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby commend The University of North Texas Health Science Center and its School of Public Health and express appreciation to the university's board of regents, professors, and administrators for their valuable contributions to the people of Texas and higher education; and, be it further RESOLVED, That a copy of this Resolution be prepared for the university and its School of Public Health as an expression of high regard from the Texas Senate. The resolution was read and was adopted by a viva voce vote. Thursday, March 15, 2001SENATE JOURNAL 761

GUESTS PRESENTED Senator Moncrief was recognized and introduced to the Senate a delegation of students from the School of Public Health at The University of North Texas Health Science Center. The Senate welcomed its guests. GUESTS PRESENTED Senator Staples was recognized and introduced to the Senate Carol Paés, an exchange student from Brazil, and her hosts Mr. and Mrs. Chambers of Palestine. The Senate welcomed its guests. GUESTS PRESENTED Senator Van de Putte was recognized and introduced to the Senate Kevin Hoecke and Ambra Landeros, students from Northwest Vista College in San Antonio. The Senate welcomed its guests. SENATE RESOLUTION 463 Senator Barrientos offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to recognize Jacques Etcheber on the grand occasion of his 72nd birthday on March 17, 2001; and WHEREAS, Born March 17, 1929, to Dominique Etcheber and Etiennette Etcheber, Jacques is a French citizen who is in Austin visiting his niece, Michele Kronberg; and WHEREAS, A true child of the French Senate, Mr. Etcheber lived in Senate Housing for 17 years while his father served as military attache to the French Senate in Paris; and WHEREAS, Jacques Etcheber was 15 years old when the American troops liberated Paris in 1944; he then worked with the American military for a year and a half, and as an adult, Mr. Etcheber carved a successful career as an executive at Renault Auto Company; and WHEREAS, An exemplary and distinguished gentleman, Jacques Etcheber is a well-known leader in his community and is beloved and respected by his family and friends; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby extend congratulations to Jacques Etcheber on the joyous occasion of his 72nd birthday and recognize him as an Honorary Texan with all attendant rights and privileges thereof; and, be it further RESOLVED, That a copy of this Resolution be prepared for him as an expression of esteem from the Texas Senate. The resolution was again read. The resolution was previously adopted on Wednesday, March 14, 2001. GUESTS PRESENTED Senator Barrientos was recognized and introduced to the Senate Jacques Etcheber and his niece Michele Kronberg, accompanied by and her husband Harvey. The Senate welcomed its guests. 762 77th Legislature — Regular Session 37th Day

CONCLUSION OF MORNING CALL The Presiding Officer, Senator Bernsen in Chair, at 11:34 a.m. announced the conclusion of morning call. (President in Chair) COMMITTEE SUBSTITUTE SENATE BILL 866 ON SECOND READING On motion of Senator Nelson 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 866, Relating to the creation of a Texas Privacy Act to address the ways in which the information practices of state and local governmental entities affect personal privacy. The bill was read second time. Senator Nelson offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 866 in SECTION 1 of the bill, in added Subchapter A, Chapter 559, Government Code, by inserting the following new Section 559.004 into Subchapter A and renumbering existing Section 559.004 as Section 559.005 (senate committee printing, between page 1, line 64 and page 2, line 1): Sec. 559.004. APPLICABILITY. This chapter does not apply to information held by or for a court other than a commissioners court. The amendment was read and was adopted by a viva voce vote. Senator Nelson offered the following amendment to the bill: Floor Amendment No. 2 Amend CSSB 866 in SECTION 1 of the bill, in added Section 559.051, Government Code, by inserting the following new Subsections (c) and (d) into Section 559.051 and relettering existing Subsections (c), (d), (e), and (f) of Section 559.051 accordingly (senate committee printing, page 2, between lines 28 and 29): (c) The requestor of the information or the state or local governmental entity may request the attorney general to authorize the disclosure of information described by Subsection (a). (d) A state or local governmental entity is not required to request a decision of the attorney general under Subchapter G, Chapter 552, before refusing to disclose a social security number, bank account number, credit card account number, other financial account number, computer password, or computer network location or identity in response to a request made under Chapter 552. The state or local governmental entity shall inform the requestor that the requested information is being withheld under this section and that the requestor is entitled to request the attorney general to authorize the disclosure. The amendment was read and was adopted by a viva voce vote. Senator Brown offered the following amendment to the bill: Floor Amendment No. 3 Amend CSSB 866, by adding the following appropriately numbered sections to the bill and renumbering subsequent sections accordingly: Thursday, March 15, 2001SENATE JOURNAL 763

SECTION . (a) Section 521.044(f), Transportation Code, as added by Section 18, Chapter 1189, Acts of the 76th Legislature, Regular Session, is reenacted to read as follows: (f) This section does not authorize the department to require an applicant for a driver's license to provide the applicant's social security number unless the provision of the social security number is required under federal law. (b) Section 521.142(g), Transportation Code, as added by Section 22, Chapter 1189, Acts of the 76th Legislature, Regular Session, 1999, is reenacted to read as follows: (g) The department may not require an applicant to provide the applicant's social security number unless the provision of the social security number is required under federal law. SECTION . (a) Section 521.044(f), Transportation Code, as added by Section 77, Chapter 556, Acts of the 76th Legislature, Regular Session, is repealed. (b) Section 521.142(g), Transportation Code, as added by Section 78, Chapter 556, Acts of the 76th Legislature, Regular Session, 1999, is repealed. The amendment was read and was adopted by a viva voce vote. On motion of Senator Nelson and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSB 866 as amended was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 866 ON THIRD READING Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 866 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 1, Present-not voting 1. Yeas: 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. Nays: Wentworth. Present-not voting: Mr. President. The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1. Present-not voting: Mr. President. COMMITTEE SUBSTITUTE SENATE BILL 251 ON SECOND READING On motion of Senator Harris 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: 764 77th Legislature — Regular Session 37th Day

CSSB 251, Relating to the forfeiture of proceeds and certain property to a county law enforcement agency under criminal asset forfeiture laws. The bill was read second time. Senator Ogden offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 251 as follows: On page 1, line 37 insert the following between "vehicle" and "or": "other than a standard patrol car". The amendment was read. On motion of Senator Ogden and by unanimous consent, Floor Amendment No. 1 was withdrawn. Senator Ogden offered the following amendment to the bill: Floor Amendment No. 2 Amend CSSB 251 as follows: On page 2, line 3, between "vehicle" and "or", insert ", excluding standard patrol vehicles,". On page 2, line 5, between "," and "with", insert "unless waived by the commissioners court,". The amendment was read and was adopted by a viva voce vote. On motion of Senator Harris and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSB 251 as amended was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 251 ON THIRD READING Senator Harris moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 251 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 1, Present-not voting 1. Yeas: 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. Nays: Wentworth. Present-not voting: Mr. President. The bill was read third time and was passed by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 4 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: Thursday, March 15, 2001SENATE JOURNAL 765

CSSB 4, Relating to the administration and use of the Texas Mobility Fund and the issuance of obligations for financing the construction, reconstruction, acquisition, and expansion of state highways and other mobility projects. The bill was read second time and was passed to engrossment by a viva voce vote. RECORD OF VOTE Senator Fraser asked to be recorded as voting "Nay" on the passage of CSSB 4 to engrossment. COMMITTEE SUBSTITUTE SENATE BILL 4 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 4 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 1, Present-not voting 1. Yeas: 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. Nays: Wentworth. Present-not voting: Mr. President. The bill was read third time and was passed by a viva voce vote. RECORD OF VOTE Senator Fraser asked to be recorded as voting "Nay" on the final passage of CSSB 4. COMMITTEE SUBSTITUTE SENATE JOINT RESOLUTION 16 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: CSSJR 16, Proposing a constitutional amendment creating the Texas Mobility Fund and authorizing the issuance of obligations for financing the construction, reconstruction, acquisition, and expansion of state highways and other mobility projects. The resolution was read second time and was passed to engrossment by a viva voce vote. RECORD OF VOTE Senator Fraser asked to be recorded as voting "Nay" on the passage of CSSJR 16 to engrossment. 766 77th Legislature — Regular Session 37th Day

COMMITTEE SUBSTITUTE SENATE JOINT RESOLUTION 16 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 CSSJR 16 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 2, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini. Nays: Fraser, Wentworth. Present-not voting: Mr. President. The bill was read third time and was passed by the following vote: Yeas 29, Nays 1, Present-not voting 1. Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, Wentworth, West, Whitmire, Zaffirini. Nays: Fraser. Present-not voting: Mr. President. SENATE BILL 492 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: SB 492, Relating to load and weight limits on certain bridges. The bill was read second time. Senator Ogden offered the following amendment to the bill: Floor Amendment No. 1 Amend SB 492 (Committee Printing) as follows: On page 1, line 36, between "destination" and the period add the following: "The holder of a permit shall notify the office of the county judge or the office of the sheriff within 24 hours prior to any operation of a vehicle on a bridge if the gross weight of the vehicle and load or the axles and wheel loads are greater than the limits established by the county" The amendment was read and was adopted by a viva voce vote. On motion of Senator Duncan and by unanimous consent, the caption was amended to conform to the body of the bill as amended. SB 492 as amended was passed to engrossment by a viva voce vote. Thursday, March 15, 2001SENATE JOURNAL 767

SENATE BILL 492 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 SB 492 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 1, Present-not voting 1. Yeas: 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. Nays: Wentworth. Present-not voting: Mr. President. The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1. Present-not voting: Mr. President. COMMITTEE SUBSTITUTE SENATE BILL 607 ON SECOND READING On motion of Senator Van de Putte 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 607, Relating to the creation of a municipal development corporation to provide educational and job training; authorizing the imposition of certain local taxes; providing an administrative penalty. The bill was read second time and was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 607 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 CSSB 607 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 1, Present-not voting 1. Yeas: 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. Nays: Wentworth. Present-not voting: Mr. President. 768 77th Legislature — Regular Session 37th Day

The bill was read third time and was passed by the following vote: Yeas 30, Nays 0, Present-not voting 1. Present-not voting: Mr. President. COMMITTEE SUBSTITUTE SENATE BILL 89 ON SECOND READING On motion of Senator Nelson 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 89, Relating to the creation of the offense of possessing an alcoholic beverage in a motor vehicle and to the civil and criminal consequences of operating a motor vehicle while intoxicated. The bill was read second time and was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 89 ON THIRD READING Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 89 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 1, Present-not voting 1. Yeas: 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. Nays: Wentworth. Present-not voting: Mr. President. The bill was read third time and was passed by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 410 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 410, Relating to state agency information resources technology projects. The bill was read second time. Senator Armbrister offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 410, between SECTION 1 and SECTION 2 of the bill (Senate committee printing, page 1, between lines 16 and 17), by inserting the following SECTION of the bill and renumbering the subsequent SECTIONS of the bill appropriately: Thursday, March 15, 2001SENATE JOURNAL 769

SECTION 2. Subchapter C, Chapter 2054, Government Code, is amended by adding Section 2054.0535 to read as follows: Sec. 2054.0535. NONCOMPLIANCE WITH CHAPTER. (a) On determining that a state agency is not in compliance with a requirement of this chapter, the director of the Legislative Budget Board, in cooperation with the department and as soon as is practicable, shall deliver written notice of the noncompliance to the agency's executive director or other chief administrative officer, the members of the agency's governing board, the comptroller, the governor, the lieutenant governor, the speaker of the house of representatives, and the members of the Legislative Budget Board. (b) The director of the Legislative Budget Board, in cooperation with the department, may issue a certificate of noncompliance to a state agency if, after receipt of notice under Subsection (a), the agency fails to comply with a requirement of this chapter within the period determined by the director. (c) On equestr of the director of the Legislative Budget Board following issuance of a certificate of noncompliance to a state agency, the comptroller shall allow the agency to access the agency's appropriations that relate to information resources, including information resources technologies and projects, only with prior approval of the Legislative Budget Board. The amendment was read and was adopted by a viva voce vote. On motion of Senator Duncan and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSB 410 as amended was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 410 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 410 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 1, Present-not voting 1. Yeas: 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. Nays: Wentworth. Present-not voting: Mr. President. The bill was read third time and was passed by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 522 ON SECOND READING On motion of Senator Armbrister 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: 770 77th Legislature — Regular Session 37th Day

CSSB 522, Relating to participation and credit in, contributions to, and benefits and administration of the Texas Municipal Retirement System. The bill was read second time and was passed to engrossment by a viva voce vote. COMMITTEE SUBSTITUTE SENATE BILL 522 ON THIRD READING Senator Armbrister moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 522 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 1, Present-not voting 1. Yeas: 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. Nays: Wentworth. Present-not voting: Mr. President. The bill was read third time and was passed by a viva voce vote. SENATE BILL 268 ON SECOND READING On motion of Senator Ogden 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 268, Relating to the penalty for certain speeding offenses. The bill was read second time. Senator Ogden offered the following amendment to the bill: Floor Amendment No. 1 Amend SB 268 as follows: 1. On page 1, lines 12 and 13, strike "EXCEEDING SPEED LIMIT BY 25 MILES PER HOUR OR MORE" and add the following: "DRIVING 95 MILES PER HOUR OR MORE". 2. On lines 14 and 15, between "subtitle by" and "shall be", strike "exceeding an applicable maximum speed limit by 25 miles per hour or more", and add the following: "driving at a speed of 95 miles per hour or more". The amendment was read and was adopted by a viva voce vote. On motion of Ogden and by unanimous consent, the caption was amended to conform to the body of the bill as amended. SB 268 as amended was passed to engrossment by a viva voce vote. Thursday, March 15, 2001SENATE JOURNAL 771

SENATE BILL 268 ON THIRD READING Senator Ogden moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 268 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 1, Present-not voting 1. Yeas: 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. Nays: Wentworth. Present-not voting: Mr. President. The bill was read third time and was passed by a viva voce vote. GUEST PRESENTED The President introduced to the Senate Bexar County Judge Cyndi Taylor Krier of San Antonio. The Senate welcomed Judge Krier. COMMITTEE SUBSTITUTE SENATE BILL 431 ON SECOND READING On motion of Senator Carona 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 431, Relating to a specialty insurance agent license for certain persons who rent real property for residential use. The bill was read second time. Senator Carona offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 431 in SECTION 2 of the bill, after Section 6(e), Article 21.09, Insurance Code (committee printing, page 2, line 12), by inserting the following after the period and before "[RULES": (f) The disclaimer required under Subsection (e) of this section must be printed in bold-faced type. The amendment was read and was adopted by a viva voce vote. Senator Van de Putte offered the following amendment to the bill: Floor Amendment No. 2 Amend CSSB 431, committee report printing, in SECTION 2 of the bill, as follows: (1) in Section 6(e), Article 21.09, Insurance Code (committee printing, page 2, line 10), by striking "and". 772 77th Legislature — Regular Session 37th Day

(2) in Section 6(e), Article 21.09, Insurance Code (committee report printing, page 2, line 12), insert the following between "coverage" and the period: (5) the insurance coverage may be canceled at the option of the consumer, with the consumer receiving any refund to which the consumer is entitled; and (6) the cost of any insurance coverage offered by the license holder under this section will be added to the rent due under the lease agreement The amendment was read and was adopted by a viva voce vote. On motion of Senator Carona and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSB 431 as amended was passed to engrossment by the following vote: Yeas 21, Nays 6, Present-not voting 2. Yeas: Armbrister, Barrientos, Bivins, Brown, Cain, Carona, Ellis, Fraser, Gallegos, Harris, Lindsay, Lucio, Madla, Moncrief, Ogden, Shapiro, Sibley, Van de Putte, Wentworth, Whitmire, Zaffirini. Nays: Duncan, Haywood, Jackson, Nelson, Staples, Truan. Present-not voting: West, Mr. President. Absent: Bernsen, Shapleigh. RESOLUTIONS OF RECOGNITION The following resolutions were adopted by the Senate: Memorial Resolutions SR 475 by Van de Putte, In memory of Elvira Elizondo of San Antonio. SR 480 by Moncrief, In memory of the life of Thomas R. Windham of Fort Worth. SR 483 by Armbrister, In memory of Zac Lentz of Victoria. SR 484 by Truan, In memory of Dr. James E. McClellan, Jr., of Corpus Christi. Congratulatory Resolutions SR 473 by Bernsen, Congratulating the Reverend Randy G. Vaughn. SR 474 by Duncan, Congratulating David J. Schmidly, Ph.D., of Lubbock. SR 477 by Sibley, Commending employees of Owens-Brockway. SR 478 by West, Congratulating Ola J. Reagan of Dallas. SR 481 by Moncrief, Congratulating Harriet Griffin of Fort Worth. SR 482 by Moncrief, Congratulating Dolores Donner of Fort Worth. ADJOURNMENT On motion of Senator Truan, the Senate at 12:45 p.m. adjourned, in memory of Doug Sahm and C. H. "Pokey" Matthies, Jr., of Seguin, until 1:00 p.m. Monday, March 19, 2001. Thursday, March 15, 2001SENATE JOURNAL 773

APPENDIX

COMMITTEE REPORTS The following committee reports were received by the Senate: March 15, 2001 INTERGOVERNMENTAL RELATIONS — SB 396 (Amended), CSSB 510 BUSINESS AND COMMERCE — SB 141, SB 496, SB 697, SB 711, SB 994, CSSB 707, CSSB 992, CSSB 1323 NATURAL RESOURCES — SB 685, SB 936, SB 1015, SB 938 (Amended), CSSB 884, CSSB 1071 BUSINESS AND COMMERCE — SCR 5, SCR 9, SB 225, SB 508, CSSB 272 VETERAN AFFAIRS AND MILITARY INSTALLATIONS — CSSB 803, SB 911, SB 950, SB 1089, SB 1140, SB 1165 BUSINESS AND COMMERCE — CSSB 224, CSSB 554, CSSB 11 EDUCATION — SB 575, SB 989, SB 1014 774 77th Legislature — Regular Session 37th Day

In Memory of Doug Sahm Senator Van de Putte offered the following resolution: (Senate Resolution 345) WHEREAS, The family, friends, and many fans of Doug Sahm were greatly saddened by the passing of this esteemed Texas musician on November 18, 1999, at the age of 58; and WHEREAS, Exploring numerous musical genres with a sound uniquely his own, Mr. Sahm earned recognition as a talented player of the steel guitar, mandolin, and fiddle, and his artistic genius and noteworthy contributions made him a Texas icon; and WHEREAS, At the age of five, Mr. Sahm made his debut singing "Teardrops in My Heart" on a San Antonio radio station, and six years later he was a featured performer on the radio program Louisiana Hayride, appearing alongside such country greats as Hank Williams and Faron Young; Mr. Sahm declined an offer to appear regularly at the Grand Ol' Opry so he could complete junior high school, but he continued to play in local venues and released numerous singles of his own; and WHEREAS, Mr. Sahm formed the internationally renowned during the 1960s; the group released the hit track "She's About a Mover" and earned the admiration of both fans and fellow performers, sharing the stage with such acclaimed singers as and Jerry Garcia; and WHEREAS, He continued to garner praise after forming the Texas Tornados, a group that produced six superb albums and won a Grammy Award; in 1999, he founded a record label, Tornado Records, and produced his own material as well as albums for other area musicians; and WHEREAS, A true Texas music legend who received international respect and adoration for his many talents, Mr. Sahm will undoubtedly live on in the music he made and in the hearts of the many people he so deeply touched; now, therefore, be it RESOLVED, That the Senate of the 77th Texas Legislature hereby pay tribute to the life of Doug Sahm and extend sincere sympathy to his family, friends, and fans; 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 Doug Sahm. The resolution was again read. On motion of Senator Bivins and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof. Thursday, March 15, 2001SENATE JOURNAL 775

The resolution was previously adopted on Monday, February 26, 2001. Senator Van de Putte was recognized and introduced to the Senate the children of Doug Sahm: Shawn, Dawn, and Shandon. The Senate welcomed its guests and extended its sympathy. 776 77th Legislature — Regular Session 37th Day

In Memory of C. H. "Pokey" Matthies, Jr. Senator Zaffirini offered the following resolution: (Senate Resolution 439) WHEREAS, The Senate of the State of Texas joins the citizens of Seguin in mourning the loss of C. H. "Pokey" Matthies Jr., who died January 2, 2000, at the age of 67; and WHEREAS, Born February 12, 1932, to the late C. H. Matthies Sr. and Mary Fleming Matthies, Pokey Matthies was a native of Seguin and a member of a pioneering Seguin family; he grew up to become an exemplary and distinguished gentleman and a highly respected leader in the Seguin community; and WHEREAS, At the time of his death, he was the Seguin mayor pro tempore and was serving his first full term as a member of the Seguin City Council; he was first elected to the position of District 7 councilman in 1996; and WHEREAS, Mr. Matthies was a member of the Seguin Rotary Club, the Seguin Elks Lodge, and the American Legion 245; he was president-elect of the Texas Elks State Association and chairman of the San Geronimo Cemetery Association; and WHEREAS, Mr. Matthies was a beloved public servant who was dedicated to his work on behalf of Seguin and its citizens; he was also a devout Christian and a member of the First United Methodist Church; and WHEREAS, Pokey Matthies lived his life to the fullest and was a devoted husband, father and grandfather, and he leaves behind memories that will be treasured forever by his family and many friends; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 77th Legislature, hereby extend sincere condolences to the bereaved family of C. H. Matthies Jr.: his wife, Betty Ann Matthies; his sons, C. Henry Matthies III and Wesley Herrmann Matthies; his daughter, Elizabeth Matthies Kappel; his mother, Mary Fleming Matthies; his sisters, Joe Adele Schmidt and Ann Miller; his brothers, C. F. "Skippy" Matthies and Zan Matthies; and his two granddaughters; and, be it further RESOLVED, That a copy of this Resolution be prepared for the members of his family as an expression of deepest sympathy from the Texas Senate, and that when the Senate adjourns this day, it do so in memory of C. H. Matthies Jr. The resolution was again read. Thursday, March 15, 2001SENATE JOURNAL 777

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. The resolution was previously adopted on Monday, March 12, 2001. Senator Zaffirini was recognized and introduced to the Senate family members of C. H. "Pokey" Matthies, Jr.: his widow, Betty Ann Matthies; his sons, Henry and Wes Matthies; his daughter, Elizabeth Kappel; and his granddaughters, Amanda and Sarah Kappel. The Senate welcomed its guests and extended its sympathy.