Tuesday, February 2, 1999 HOUSE JOURNAL — 12th Day 193 HOUSE JOURNAL SEVENTY-SIXTH LEGISLATURE, REGULAR SESSION PROCEEDINGS

TWELFTH DAY — TUESDAY, FEBRUARY 2, 1999 The house met at 10 a.m. and was called to order by the speaker. The roll of the house was called and a quorum was announced present (Record 12). Present — Mr. Speaker; Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, D.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek. Absent, Excused — Crownover; Talton. Absent — Gallego. The invocation was offered by Father John Hughes, St. Louis Catholic Church, Winnie, as follows: We pray today for these representatives, those they represent, and especially the people of Chambers County, living in an unsteady and confusing world. Lord, show all of us that your ways give more life than the ways of the world and that following you is better than chasing after selfish goals. Help us to accept setbacks, not as a measure of their worth, but as a chance for a new start. Give us strength to hold our faith in you and to keep alive our joy in your creation. Lord our God, as we have come together this morning, we ask in your kindness to fill us with the knowledge of your will so that, pleasing you in all things, we may grow in every good work. May God be the source of all patience and encouragement, enable us to live in perfect harmony with one another in the spirit of Christ Jesus. With one heart and one voice may we glorify God, now and forever. Amen. 194 76th LEGISLATURE — REGULAR SESSION

LEAVES OF ABSENCE GRANTED The following members were granted leaves of absence for today because of important business: Talton on motion of J. Davis. Crownover on motion of Hardcastle. CAPITOL PHYSICIAN The speaker recognized Representative Hilderbran who presented Dr. Raymond H. Smith of Fredricksburg as the "Doctor for the Day." The house welcomed Dr. Smith and thanked him for his participation in the Physician of the Day Program sponsored by the Academy of Family Physicians. HR 18 - ADOPTED (by Clark) Representative Clark moved to suspend all necessary rules to take up and consider at this time HR 18. The motion prevailed without objection. The following resolution was laid before the house: HR 18, Congratulating the Gunter High School team for finishing first in the 1998 Texas BEST competition. HR 18 was read and was adopted without objection. HR 19 - ADOPTED (by Clark) Representative Clark moved to suspend all necessary rules to take up and consider at this time HR 19. The motion prevailed without objection. The following resolution was laid before the house: HR 19, Congratulating the team for finishing third in the 1998 Texas BEST competition. HR 19 was adopted without objection. HR 20 - ADOPTED (by Clark) Representative Clark moved to suspend all necessary rules to take up and consider at this time HR 20. The motion prevailed without objection. The following resolution was laid before the house: HR 20, Congratulating the Whitewright High School team for finishing second in the 1998 Texas BEST competition. HR 20 was adopted without objection. Tuesday, February 2, 1999 HOUSE JOURNAL — 12th Day 195

LEAVE OF ABSENCE GRANTED The following member was granted leave of absence for the remainder of today because of important business in the district: Shields on motion of Krusee. HCR 16 - ADOPTED (by Ramsay) Representative Ramsay moved to suspend all necessary rules to take up and consider at this time HCR 16. The motion prevailed without objection. The following resolution was laid before the house: HCR 16, Recognizing February 2, 1999, as Pittsburg Day at the Capitol. HCR 16 was read and was adopted without objection. HR 94 - ADOPTED (by Hilderbran) Representative Hilderbran moved to suspend all necessary rules to take up and consider at this time HR 94. The motion prevailed without objection. The following resolution was laid before the house: HR 94, Welcoming the Alzheimer's Association Coalition of Texas to the Capitol. HR 94 was read and was adopted without objection. HCR 53 HCR 53, honoring the Colorado River Municipal Water District for 50 years of service to West Texans, having been previously adopted, was read. HCR 45 - ADOPTED (by Zbranek) Representative Zbranek moved to suspend all necessary rules to take up and consider at this time HCR 45. The motion prevailed without objection. The following resolution was laid before the house: HCR 45, Recognizing February 2, 1999, as Chambers County Day at the Capitol. HCR 45 was read and was adopted without objection. INTRODUCTION OF GUESTS The speaker recognized Representative Zbranek, who introduced a delegation from Chambers County. 196 76th LEGISLATURE — REGULAR SESSION

HR 82 - ADOPTED (by Cuellar, et al.) Representative Cuellar moved to suspend all necessary rules to take up and consider at this time HR 82. The motion prevailed without objection. The following resolution was laid before the house: HR 82, Designating February 3, 1999, as United Way Day at the Capitol. HR 82 was read and was adopted without objection. HR 93 - ADOPTED (by Eiland) Representative Eiland moved to suspend all necessary rules to take up and consider at this time HR 93. The motion prevailed without objection. The following resolution was laid before the house: HR 93, Honoring the 40th wedding anniversary of Tom and Betty Hardin. HR 93 was read and was adopted without objection. (Gallego now present) HR 97 - ADOPTED (by Smithee) Representative Seaman moved to suspend all necessary rules to take up and consider at this time HR 97. The motion prevailed without objection. The following resolution was laid before the house: HR 97, Honoring Lyndon Anderson on his retirement from the Texas Department of Insurance. HR 97 was adopted without objection. On motion of Representative Smithee, the names of all the members of the house were added to HR 97 as signers thereof. HR 95 - ADOPTED (by Cuellar) Representative Cuellar moved to suspend all necessary rules to take up and consider at this time HR 95. The motion prevailed without objection. The following resolution was laid before the house: HR 95, In memory of Concepcion H. Farias. HR 95 was unanimously adopted by a rising vote. Tuesday, February 2, 1999 HOUSE JOURNAL — 12th Day 197

MESSAGE FROM THE SENATE A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 1). RULES SUSPENDED Representative Junell moved to suspend the 5-day posting rule to allow the Committee on Appropriations to consider HB 1. The motion prevailed without objection. PROVIDING FOR ADJOURNMENT Representative Kuempel moved that, at the conclusion of the reading of bills and resolutions on first reading and referral to committees, the house adjourn until 10 a.m. tomorrow. The motion prevailed without objection. BILLS AND JOINT RESOLUTIONS ON FIRST READING AND REFERRAL TO COMMITTEES RESOLUTIONS REFERRED TO COMMITTEES Bills and joint resolutions were at this time laid before the house, read first time, and referred to committees. Resolutions were at this time laid before the house and referred to committees. (See the addendum to the daily journal, Referred to Committees, List No. 1.) ADJOURNMENT In accordance with a previous motion, the house, at 11:14 a.m., adjourned until 10 a.m. tomorrow. ———————————————— ADDENDUM —————————————— REFERRED TO COMMITTEES The following bills and joint resolutions were today laid before the house, read first time, and referred to committees, and the following resolutions were today laid before the house and referred to committees. If indicated, the chair today corrected the referral of the following measures: List No. 1 HB 151 (by Naishtat), Relating to the punishment for a capital offense. To Criminal Jurisprudence. HB 152 (by Pickett, Dukes, and Swinford), Relating to the punishment for the offense of graffiti. To Criminal Jurisprudence. HB 153 (by Nixon), Relating to the expunction of certain information contained in records and files relating to an arrest. To Criminal Jurisprudence. 198 76th LEGISLATURE — REGULAR SESSION

HB 154 (by Naishtat), Relating to the representation of the state by the attorney general in certain cases involving nursing facilities. To Human Services. HB 155 (by Naishtat), Relating to the punishment for certain assaultive offenses involving domestic violence. To Criminal Jurisprudence. HB 156 (by Wolens), Relating to the application of the open meetings law to certain meetings at which a governmental body receives information from third persons, including government employees. To State Affairs. HB 157 (by Wise), Relating to the civil commitment of sexually violent predators. To Corrections. HB 158 (by Wise), Relating to recovery or possession of or access to certain children and to the offenses of interference with child custody, agreement to abduct from custody, and enticing a child. To Criminal Jurisprudence. HB 159 (by Wise), Relating to the reporting of child abuse. To Juvenile Justice & Family Issues. HB 160 (by Wise), Relating to the regulation of certain door-to-door sales or solicitations made by children. To Economic Development. HB 161 (by Wise), Relating to the tax appraisal of certain land owned or formerly owned by honorably discharged veterans or their spouses and designated for agricultural use. To Ways & Means. HB 162 (by Chisum), Relating to consent decrees, agreed judgments, and settlements of legal disputes involving the state. To State Affairs. HB 163 (by Chisum), Relating to the offense of possession of a controlled substance or dangerous drug in a correctional facility. To Criminal Jurisprudence. HB 164 (by Chisum), Relating to public statements on political issues by candidates for certain judicial offices. To Judicial Affairs. HB 165 (by Chisum), Relating to peace officers from adjoining states enforcing the law in a bordering municipality in this state. To Public Safety. HB 166 (by Chisum), Relating to credit in the Employees Retirement System of Texas for service as a peace officer. To Pensions & Investments. Tuesday, February 2, 1999 HOUSE JOURNAL — 12th Day 199

HB 167 (by Chisum), Relating to granting limited state law enforcement authority to commissioned rangers of the National Park Service. To Public Safety. HB 168 (by Chisum), Relating to the responsibilities of certain county officials for selection of a jury source. To Judicial Affairs. HB 169 (by Chisum), Relating to a waiting period required for the divorce of certain persons on the grounds of insupportability. To Juvenile Justice & Family Issues. HB 170 (by Garcia), Relating to prohibiting an employer who does not provide workers' compensation insurance coverage from engaging in certain discrimination against an employee who sustains an employment-related injury. To Business & Industry. HB 171 (by Garcia), Relating to a school district's liability to the parent of a student who fails to perform satisfactorily on certain assessment instruments. To Public Education. HB 172 (by Garcia), Relating to the punishment for a capital offense. To Criminal Jurisprudence. HB 173 (by Garcia), Relating to requiring a person in the business of selling personal computers to provide certain software with each personal computer sold. To Business & Industry. HB 174 (by Chavez), Relating to a hotel-motel occupance tax exemption for those involved in the production of a motion picture, television program or musical or video recording. To Ways & Means. HB 176 (by Wise), Relating to the prosecution of and punishment for an offense in which a controlled substance is used to facilitate the commission of the offense. To Criminal Jurisprudence. HB 177 (by Cuellar), Relating to establishing a campus of the Texas State Technical College System in Laredo. To Higher Education. HB 178 (by Cuellar), Relating to tuition and fee exemptions for the children of certain classroom teachers or school librarians enrolled at a public institution of higher education. To Higher Education. HB 180 (by Longoria), Relating to an exception for certain employees from the application of the employment-at-will doctrine. To Economic Development. 200 76th LEGISLATURE — REGULAR SESSION

HB 181 (by Longoria), Relating to the time at which life begins. To State Affairs. HB 182 (by Longoria), Relating to counseling for parents of certain public school students who are at risk of dropping out of school; providing penalties. To Public Education. HB 183 (by Longoria), Relating to required instruction of public school students in basic values of the . To Public Education. HB 184 (by Longoria), Relating to a requirement that school districts open school buildings after school hours for recreational purposes and tutoring. To Public Education. HB 185 (by Longoria and Lewis, G), Relating to remedies for certain violations of the Texas Constitution. To Civil Practices. HB 186 (by Longoria), Relating to creating the offense of unlawful possession of certain firearms by a minor. To Criminal Jurisprudence. HB 187 (by Longoria), Relating to the disqualification of a judge in a criminal case. To Criminal Jurisprudence. HB 188 (by Longoria), Relating to eligibility for service retirement from the Judicial Retirement System of Texas Plan One or the Judicial Retirement System of Texas Plan Two. To Pensions & Investments. HB 189 (by Longoria), Relating to the number of drinks containing an alcoholic beverage that may be served to a person by the holder of an alcoholic beverage permit or license; providing criminal penalties. To Licensing & Administrative Procedures. HB 190 (by Longoria), Relating to a prohibition on certain restrictions imposed by insurers on the performance of professional health care services by health care practitioners. To Insurance. HB 191 (by Longoria and Berman), Relating to commissions for certain retired peace officers and the authority of those officers to carry certain weapons. To Public Safety. HB 192 (by Longoria), Relating to the licensing of certain persons as attorneys. To Judicial Affairs. HB 193 (by Longoria), Relating to the waiver of a trial by jury. To Criminal Jurisprudence. Tuesday, February 2, 1999 HOUSE JOURNAL — 12th Day 201

HB 194 (by Longoria), Relating to fees collected in certain civil suits. To Civil Practices. HB 195 (by Longoria), Relating to benefits paid to survivors of certain public servants. To Appropriations. HB 196 (by Longoria), Relating to the requirement that certain juvenile offenders participate in youth boot camp programs. To Juvenile Justice & Family Issues. HB 197 (by Burnam), Relating to the minimum wage. To Economic Development. HB 198 (by Burnam), Relating to the consideration of certain matters in admissions to public institutions of higher education. To Higher Education. HB 199 (by Burnam), Relating to creating the offense of unlawful possession of certain firearms by a minor. To Criminal Jurisprudence. HB 200 (by Burnam), Relating to the prosecution of and the punishment for the offense of unlawful transfer of certain weapons. To Criminal Jurisprudence. HB 201 (by Burnam), Relating to the punishment for the offense of deadly conduct involving a firearm. To Criminal Jurisprudence. HB 202 (by Burnam), Relating to remedies for certain practices in the business of insuring motor vehicles against damage. To Insurance. HB 203 (by Burnam), Relating to cancellation of certain insurance policies. To Insurance. HB 204 (by Burnam), Relating to the election and terms of office of the board of directors of the Tarrant County Water Control and Improvement District No. 1. To Natural Resources. HB 205 (by Burnam), Relating to certain insurance investigations regarding burglary or robbery losses or death claims. To Insurance. HB 206 (by Wilson), Relating to a school attendance requirement for a driver's license applicant under 18 years of age. To Public Safety. HB 207 (by Wilson), Relating to certification of bail bondsmen by the Texas Department of Licensing and Regulation; providing a penalty. To Criminal Jurisprudence. 202 76th LEGISLATURE — REGULAR SESSION

HB 208 (by Cuellar), Relating to the establishment of a scholarship program to provide Texas high school students with scholarships to Texas institutions of higher education. To Higher Education. HB 210 (by Hochberg, Gutierrez, et al.), Relating to the standard of alcohol concentration used in defining the term "intoxicated" for the purposes of certain offenses involving intoxication. To Criminal Jurisprudence. HB 211 (by Hochberg), Relating to compliance by school districts and open-enrollment charter schools with public information decisions issued by the attorney general. To Public Education. HB 212 (by Hochberg), Relating to prohibiting jury-recommended community supervision for a defendant convicted of murder. To Criminal Jurisprudence. HB 213 (by Hochberg), Relating to certain claims for health care services. To Civil Practices. HB 214 (by Hochberg), Relating to presumptions in the prosecution of the offense of theft. To Criminal Jurisprudence. HB 215 (by Hochberg, et al.), Relating to the conditions of release on bond for a defendant charged with the offense of stalking. To Criminal Jurisprudence. HB 216 (by Hochberg), Relating to videotaping of a child by a school district employee. To Public Education. HB 217 (by Hochberg), Relating to excused absences from public school attendance for the purpose of observing religious holy days. To Public Education. HB 218 (by Gallego), Relating to regulating and reporting certain political contributions and certain political expenditures and to regulating certain political advertising; providing criminal penalties. To Elections. HB 220 (by Nixon), Relating to participation in University Interscholastic League sponsored activities. To Public Education. HB 221 (by Naishtat), Relating to the appointment of members to the Board of Law Examiners. To Judicial Affairs. HB 222 (by Naishtat), Relating to the murder of a juvenile probation officer, community supervision and corrections department officer, or parole officer as a capital offense. To Criminal Jurisprudence. Tuesday, February 2, 1999 HOUSE JOURNAL — 12th Day 203

HB 223 (by Naishtat), Relating to the renewal of certain initial probationary licenses granted for a nursing or convalescent home or related institution. To Human Services. HB 224 (by Naishtat), Relating to the creation and operation of a certification program for certain nurse aides; providing a penalty. To Human Services. HB 225 (by Naishtat), Relating to reports of certain conduct or conditions in nursing homes and related institutions. To Human Services. HB 226 (by West), Relating to personal finance education as a requirement for graduation from public high school. To Public Education. HB 227 (by West), Relating to abolishing the Texas Academic Skills Program. To Higher Education. HB 228 (by West), Relating to an abused child's removal from and return to certain households. To Juvenile Justice & Family Issues. HB 229 (by West), Relating to student union fees at The University of Texas of the Permian Basin. To Higher Education. HB 231 (by West), Relating to the elimination of the notation of a person's political party affiliation on a voter registration certificate. To Elections. HB 232 (by West), Relating to the penalties for certain intoxication offenses. To Criminal Jurisprudence. HB 233 (by West), Relating to the seal of a notary public. To Judicial Affairs. HB 234 (by Keel and Hinojosa), Relating to making certain affidavits required for the issuance of search warrants available for public inspection. To Criminal Jurisprudence. HB 235 (by Puente, et al.), Relating to creating the Office of Natural Resource Public Interest Counsel; creating a criminal penalty. To State Affairs. HB 236 (by Krusee), Relating to the composition of the board of directors of certain metropolitan rapid transit authorities. To Urban Affairs. HB 237 (by Krusee), Relating to anonymous complaints received by the Texas Education Agency. To Public Education. 204 76th LEGISLATURE — REGULAR SESSION

HB 238 (by Krusee), Relating to the annexation of certain areas by a municipality. To Land & Resource Management. HB 239 (by Krusee), Relating to the enforcement of certain municipal annexation provisions. To Land & Resource Management. HB 240 (by Krusee), Relating to the number of charters for open- enrollment charter schools the State Board of Education may grant. To Public Education. HB 241 (by Corte), Relating to the punishment and eligibility for parole of certain defendants convicted of sexual assault, aggravated sexual assault, or indecency with a child. To Criminal Jurisprudence. HB 242 (by Naishtat), Relating to the creation of the offense of discharging a firearm at a sport shooting range while intoxicated. To Criminal Jurisprudence. HB 243 (by West), Relating to designating peace officers to serve as notaries public. To Public Safety. HB 244 (by West), Relating to a requirement that inmates of the Texas Department of Criminal Justice participate in work and educational programs. To Corrections. HB 245 (by Gallego), Relating to procedures for determining whether a defendant sentenced to death is incompetent for purposes of execution. To Criminal Jurisprudence. HB 246 (by Denny), Relating to providing a criminal penalty for failure of a political party officer to perform required duties. To Elections. HB 247 (by Puente), Relating to the use of neighborhood associations in the enforcement of certain municipal health and safety ordinances. To Urban Affairs. HB 248 (by Puente), Relating to the requirement that a surety notify a principal of a bail bond or the principal's attorney of the surety's intention to surrender the principal. To Criminal Jurisprudence. HB 249 (by Puente), Relating to certain requirements imposed by certain insurers as a condition of settlement of a motor vehicle insurance claim. To Insurance. HB 250 (by Puente), Relating to the use of accomplice witness testimony in a criminal proceeding. To Criminal Jurisprudence. Tuesday, February 2, 1999 HOUSE JOURNAL — 12th Day 205

HB 251 (by Puente), Relating to a limitation on a juvenile's right to appeal after a plea or stipulation of evidence in juvenile court. To Juvenile Justice & Family Issues. HB 252 (by Luna), Relating to the creation of a judicial district composed of Nueces County. To Judicial Affairs. HB 255 (by Pitts), Relating to the disqualification of certain persons for unemployment compensation benefits because of a criminal conviction. To Economic Development. HB 256 (by Pitts), Relating to copayment information required on certain health coverage identification cards. To Insurance. HB 257 (by Pitts), Relating to requiring a disabled parking placard to contain a photograph of the person on whose behalf it was issued. To Transportation. HB 258 (by Maxey), Relating to election dates and certain election procedures. To Elections. HB 259 (by Maxey), Relating to the manner in which salaries are paid to certain educational aides employed by school districts. To Public Education. HB 260 (by Maxey), Relating to providing protection from retaliation for reporting a violation of certain laws by employees of water or sewer service systems. To Business & Industry. HB 261 (by Allen and Keel), Relating to the forfeiture of good conduct time of an inmate who files a frivolous or malicious lawsuit while confined in county jail awaiting transfer to the Texas Department of Criminal Justice. To Corrections. HB 262 (by Allen and Keel), Relating to the payment of fees and costs by an inmate who has filed a frivolous lawsuit. To Corrections. HB 263 (by Corte), Relating to punishment for the sale of an alcoholic beverage to a minor. To Licensing & Administrative Procedures. HB 264 (by Hochberg), Relating to a change of beneficiary by a retiree of the Employees Retirement System of Texas. To Pensions & Investments. HB 265 (by Hochberg), Relating to the authority with whom an application for a place on the primary election ballot for a legislative office is required to be filed. To Elections. 206 76th LEGISLATURE — REGULAR SESSION

HB 266 (by Siebert and Averitt), Relating to the availability of certain specialists under a health care plan offered by a health maintenance organization. To Insurance. HB 267 (by Wolens and Brimer), Relating to verification of the establishment of financial responsibility by owners and operators of motor vehicles, and imposing penalties on owners and operators of motor vehicles who fail to establish financial responsibility. To Insurance. HB 268 (by Flores), Relating to the reporting of public school class size. To Public Education. HB 269 (by Flores), Relating to jury service by public school employees. To Public Education. HB 270 (by Tillery), Relating to the creation of the offense of failing to report certain offenses committed against children. To Criminal Jurisprudence. HB 271 (by Hochberg, Naishtat, Danburg, Greenberg, and Thompson), Relating to the prosecution of and punishment for an offense motivated by bias or prejudice. To Criminal Jurisprudence. HB 272 (by West), Relating to consent for emergency care. To Public Health. HB 273 (by West), Relating to the transportation of certain persons receiving mental health services. To Public Health. HB 274 (by West), Relating to the prosecution of the offense of disorderly conduct involving unreasonable noise. To Criminal Jurisprudence. HB 275 (by West), Relating to restricting certain recreational amenities available to inmates imprisoned in the institutional division of the Texas Department of Criminal Justice. To Corrections. HB 276 (by Flores), Relating to the requirement that the Texas Water Development Board hold periodic meetings regarding economically distressed area projects. To Natural Resources. HB 277 (by Flores), Relating to a duty-free lunch for public school employees. To Public Education. HB 278 (by Wise), Relating to liability for loss caused by the use of controlled substances. To Civil Practices. Tuesday, February 2, 1999 HOUSE JOURNAL — 12th Day 207

HB 279 (by Wise), Relating to the newspaper publication of certain information regarding sex offenders. To Public Safety. HB 280 (by Wise), Relating to the admissibility of testimony in civil and criminal proceedings. To Criminal Jurisprudence. HB 281 (by Wise), Relating to leading questions in direct examination of a child. To Criminal Jurisprudence. HB 282 (by Wise), Relating to a limitation on interviewing or examining a child in a criminal case. To Criminal Jurisprudence. HB 283 (by Wise), Relating to including felony information on a driver's license. To Public Safety. HB 284 (by Wise), Relating to alternate methods of taking an examination for a driver's license. To Public Safety. HB 285 (by Wise), Relating to a requirement that school buses be equipped with mobile telephones. To Public Education. HB 286 (by Wise), Relating to the prosecution of and punishment for the offenses of kidnapping and aggravated kidnapping. To Criminal Jurisprudence. HB 287 (by Wise), Relating to the prosecution of and punishment for an offense in which a controlled substance is used to facilitate the commission of the offense. To Criminal Jurisprudence. HB 288 (by Wise), Relating to the prosecution of, the punishment for, and venue in the prosecution of the offenses of interference with child custody, agreement to abduct from custody, and enticing a child. To Criminal Jurisprudence. HB 289 (by Wise), Relating to certain rights in a criminal or juvenile justice proceeding afforded to a child victim. To Criminal Jurisprudence. HB 290 (by Wise), Relating to excluding the public from criminal trials and juvenile court hearings during the testimony of certain victims. To Criminal Jurisprudence. HB 291 (by Wise), Relating to instruction concerning child safety issues for public school students. To Public Education. 208 76th LEGISLATURE — REGULAR SESSION

HB 292 (by Wise), Relating to the prosecution and punishment of offenses related to prostitution. To Criminal Jurisprudence. HB 293 (by Wise), Relating to the statute of limitations for purposes of prosecutions of certain sexual offenses committed against children. To Criminal Jurisprudence. HB 294 (by Wise), Relating to notice by school districts concerning social security benefits. To Public Education. HB 295 (by Wise), Relating to the use of a portion of the proceeds of criminal asset forfeiture for programs designed to prevent juvenile drug abuse. To Criminal Jurisprudence. HB 296 (by Wise), Relating to grounds for special accreditation investigations of school districts. To Public Education. HB 297 (by Wise), Relating to the competency of an individual to testify in a criminal case. To Criminal Jurisprudence. HB 298 (by Wise), Relating to the use of visual aids in the prosecution of certain offenses committed against or witnessed by a child. To Criminal Jurisprudence. HB 299 (by Wise), Relating to the eligibility of certain defendants charged with or convicted of sexual offenses against children for release on community supervision. To Criminal Jurisprudence. HB 300 (by Wise), Relating to procedural requirements applicable to the release on parole of certain sex offenders. To Corrections. HCR 14 (by Ramsay), Designating March 23, 1999, as Mt. Pleasant/Titus County day at the State Capitol. To Rules & Resolutions. HCR 15 (by Ramsay), Recognizing March 2, 1999, as Franklin County Day at the Capitol. To Rules & Resolutions. HCR 21 (by Averitt), Congratulating Roy A. Roberts on the occasion of his retirement from the Brazos River Authority. To Rules & Resolutions. HCR 22 (by Craddick), Congratulating the Midland Lee High School Rebels for their Class 5A Division II high school football state championship. To Rules & Resolutions. HCR 25 (by Alexander), Honoring the Trinidad Trojans as the six-man high school football state champions. To Rules & Resolutions. Tuesday, February 2, 1999 HOUSE JOURNAL — 12th Day 209

HCR 28 (by Keffer), In memory of the Honorable Lester Clark. To Rules & Resolutions. HCR 29 (by Keffer), Recognizing Judge Scott Bailey's retirement. To Rules & Resolutions. HCR 30 (by Keffer), Honoring Judge Don Cleveland on the occasion of his retirement. To Rules & Resolutions. HCR 35 (by Wolens), In memory of the Honorable Annette Strauss. To Rules & Resolutions. HCR 36 (by Hamric), Designating February 10, 1999, as "Paint the Capitol Day." To Rules & Resolutions. HCR 37 (by Telford), In memory of Norman Nagle Moser. To Rules & Resolutions. HCR 38 (by Eiland and Gray), Congratulating Walter G. Hall, Sr., on being named Galveston County's 1998 Citizen of the Year. To Rules & Resolutions. HCR 39 (by Wilson), In memory of Page Keeton. To Rules & Resolutions. HCR 41 (by Hochberg), Honoring Dr. Michael E. DeBakey for his pioneering medical inventions and surgical achievements. To Rules & Resolutions. HCR 47 (by Uher), In memory of former State Representative Renal Rosson. To Rules & Resolutions. HCR 48 (by Counts), Honoring the Colorado River Municipal Water District for 50 years of service to West Texans. To Rules & Resolutions. HCR 50 (by Janek), Honoring Dr. Carlos Hamilton, Jr. To Rules & Resolutions. HCR 51 (by Dutton), Honoring Dr. Jack Christie for his fine work for the State Board of Education. To Rules & Resolutions. HCR 52 (by Sadler), Recognizing February 9-10, 1999, as Rusk County Days at the State Capitol. To Rules & Resolutions. HR 7 (by Hodge), Recognizing the Dallas County Dental Society Foundation's efforts for National Children's Dental Health Month. To Rules & Resolutions. HR 8 (by Uher), Recognizing February 23, 1999, as Matagorda County Day at the State Capitol To Rules & Resolutions. 210 76th LEGISLATURE — REGULAR SESSION

HR 9 (by Uher), In memory of Christopher Ray Smith. To Rules & Resolutions. HR 10 (by Uher), In memory of Sue Annette Rodriguez Hensley. To Rules & Resolutions. HR 11 (by Denny), Recognizing February 23, 1999, as Denton County Day at the State Capitol. To Rules & Resolutions. HR 12 (by Wise), Honoring Carmen Villarreal on being named the Texas Business Education Association Secondary Teacher of the Year. To Rules & Resolutions. HR 13 (by Keel), Congratulating Ricky Williams of The University of Texas at Austin on his athletic achievements. To Rules & Resolutions. HR 14 (by Wise), Congratulating Joseph F. Hicks on being chosen as the 1998 Texas Business Person of the Year by Texas Business Education Association. To Rules & Resolutions. HR 15 (by Seaman), Recognizing February 17, 1999, as Aransas County Day at the State Capitol. To Rules & Resolutions. HR 17 (by Hunter), Congratulating the Honorable Doyle Willis on his 90th birthday. To Rules & Resolutions. HR 21 (by Alexander), In memory of J. O. Williams. To Rules & Resolutions. HR 24 (by Delisi), Commending the Children's Miracle Network Champions. To Rules & Resolutions. HR 27 (by Hochberg), In memory of Litrelle Templeton Levy. To Rules & Resolutions. HR 28 (by Counts), In memory of Hugh Boren, Jr. To Rules & Resolutions. HR 29 (by Counts), In memory of Jim M. Heidenheimer. To Rules & Resolutions. HR 30 (by Counts), Honoring Officer Wayne Wright of the Big Spring Police Department for his exemplary act of heroism. To Rules & Resolutions. HR 32 (by Pickett), Honoring Jetta Roberts, Vernon Haverstick, and Sally Johnson for their work as members of the Silver-Haired Legislature. To Rules & Resolutions. HR 35 (by Telford), In memory of the Honorable Herbert Line. To Rules & Resolutions. Tuesday, February 2, 1999 HOUSE JOURNAL — 12th Day 211

HR 37 (by Counts), In memory of Roberta Lee Williams High. To Rules & Resolutions. HR 38 (by Counts), In memory of G. A. Parks, Jr. To Rules & Resolutions. HR 40 (by R. Lewis), In memory of Velma Marjorie Dreyfus Jeter. To Rules & Resolutions. HR 45 (by Counts), Honoring the accomplishments of the Reverend Miller Robinson. To Rules & Resolutions. HR 47 (by Pitts), Honoring the memory of George W. Barnard. To Rules & Resolutions. HR 48 (by Pitts), In memory of William Arthur Biehler. To Rules & Resolutions. HR 50 (by Hilbert, et al.), Commemorating the 25th anniversary of the North Harris Montgomery County Community College District. To Rules & Resolutions. HR 54 (by Dukes), Congratulating Eve Miller on her winning entry in the 1998 District 50 Holiday Artwork Display Competition. To Rules & Resolutions. HR 55 (by Dukes), Congratulating Adianez Martinez on her winning entry in the 1998 District 50 Holiday Artwork Display Competition. To Rules & Resolutions. HR 56 (by Dukes), Congratulating Jasmine Rogers on her winning entry in the 1998 District 50 Holiday Artwork Display Competition. To Rules & Resolutions. HR 59 (by Hochberg), Honoring Joe Samuels. To Rules & Resolutions. HR 62 (by Tillery), Honoring James L. Leaks, Sr., for his service to the Jo Ann Karr Crime Watch Group and the city of Dallas. To Rules & Resolutions. HR 63 (by Jones, C.), Recognizing the Caldwell High School girls team for winning the Class 3A state championship. To Rules & Resolutions. HR 64 (by Uher), Honoring the memory of John Coble "Red" Richards. To Rules & Resolutions. HR 65 (by Uher), Congratulating Julius and Pauline Kalina of Bay City on their wedding anniversary. To Rules & Resolutions. HR 66 (by Hinojosa), Recognizing February 10, 1999, as Edinburg Day at the State Capitol. To Rules & Resolutions. 212 76th LEGISLATURE — REGULAR SESSION

HR 67 (by Alexander), Congratulating Nelda Neal on her dedicated service to the city of Corsicana. To Rules & Resolutions. HR 68 (by Eiland), In memory of Dr. Don W. Micks. To Rules & Resolutions. HR 69 (by Eiland and Gray), In memory of the Honorable Hugh Gibson. To Rules & Resolutions. HR 70 (by R. Lewis), In memory of Albert "Cowboy" Adams, Jr. To Rules & Resolutions. HR 73 (by Solis, J.), Commemorating the Rio Grande Marine Institute for their work with at-risk youth. To Rules & Resolutions. HR 74 (by Solis, J.), Honoring the members of the San Benito Lions' Club for their efforts to help the hurricane victims of Guanaja. To Rules & Resolutions. HR 75 (by Solis, J.), Commending the Honorable Darrell Hester for public service. To Rules & Resolutions. HR 76 (by West), In memory of John Newton Hensley. To Rules & Resolutions. HR 77 (by West), In memory of Marilue Adair Steakley. To Rules & Resolutions. HR 78 (by Brown, Fred), Commemorating the 50th anniversary of the Texas Transportation Institute. To Rules & Resolutions. HR 80 (by Farabee), Honoring Brad and Toie Martin for rescuing five people from a burning house. To Rules & Resolutions. HR 86 (by Salinas), Congratulating Judge Ricardo H. Garcia on his retirement. To Rules & Resolutions. MESSAGES FROM THE SENATE The following messages from the senate were today received by the house: Message No. 1 MESSAGE FROM THE SENATE SENATE CHAMBER Austin, Texas Tuesday, February 2, 1999 Tuesday, February 2, 1999 HOUSE JOURNAL — 12th Day 213

The Honorable Speaker of the House House Chamber Austin, Texas Mr. Speaker: I am directed by the Senate to inform the House that the Senate has taken the following action: THE SENATE HAS PASSED THE FOLLOWING MEASURES: HCR 53 Counts SPONSOR: Fraser Honoring the Colorado River Municipal Water District for 50 years of service to West Texans. Respectfully, Betty King Secretary of the Senate