FIFTY-FIRST DAY

TUESDAY, APRIL 15, 2003

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:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, VanideiPutte, Wentworth, West, Whitmire, Williams, Zaffirini. The President announced that a quorum of the Senate was present. The Reverend Ann E. Helmke, peaceCENTER, San Antonio, offered the invocation as follows: Creator of true peace, as we gather here in tenuous times we pray for those who work for peace, in homes, schools, streets, work, and places of faith; bless us with courage. For safe, healthy environments where children may grow, bless our endeavors. For leaders, here and around the world, to explore actions so that no lives are lost in war or any form of violence, bless our imaginations. For an economy that nurtures global, national, state, local, and personal relationships, bless our willingness. For those in the military, that they return home quickly and safely, bless all journeys. For people in lands experiencing direct conflicts, bless us with compassion. For local communities bridging gaps and seeking solutions of unity, bless hands and minds. And we pray for future generations, that they receive from us a legacy of life and respect for all. Bless us with vision, with clear minds, with the eagerness to act from our hearts. Bless us with hope, with peace, we pray, bless us today. Amen. Senator Whitmire moved that the reading of the Journal of the proceedings of yesterday be dispensed with and the Journal be approved as printed. The motion prevailed without objection. CO-AUTHOR OF SENATE BILL 156 On motion of Senator Nelson, Senator Lucio will be shown as Co-author of SBi156. 974 78th Legislature — Regular Session 51st Day

CO-AUTHOR OF SENATE BILL 176 On motion of Senator Nelson, Senator Hinojosa will be shown as Co-author of SBi176. CO-AUTHOR OF SENATE BILL 319 On motion of Senator Armbrister, Senator Lucio will be shown as Co-author of SBi319. CO-AUTHORS OF SENATE BILL 435 On motion of Senator Carona, Senators Ellis, Jackson, and Whitmire will be shown as Co-authors of SBi435. CO-AUTHOR OF SENATE BILL 1182 On motion of Senator Deuell, Senator Hinojosa will be shown as Co-author of SBi1182. CO-AUTHORS OF SENATE CONCURRENT RESOLUTION 7 On motion of Senator Shapleigh, Senators Lucio and VanideiPutte will be shown as Co-authors of SCRi7. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas April 15, 2003 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 601, Relating to the administration of a retirement system for officers and employees of certain municipalities. HB 1452, Relating to prohibiting a governmental entity from disclosing information relating to use of certain predator control devices. HB 2008, Relating to certain powers and duties of the Department of Agriculture and other entities engaged in agricultural activities. HCR 200, In memory of the crew of the space shuttle Columbia. Respectfully, /s/Robert Haney, Chief Clerk House of Representatives Tuesday, April 15, 2003 SENATE JOURNAL 975

BILL AND RESOLUTIONS SIGNED The President announced the signing of the following enrolled bill and resolutions in the presence of the Senate after the caption had been read:ii SBi868, HCRi104, HCRi118. PHYSICIAN OF THE DAY Senator Zaffirini was recognized and presented Dr.iRonald Munson of Mathis as the Physician of the Day. The Senate welcomed Dr.iMunson and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians. INTRODUCTION OF BILLS AND RESOLUTIONS POSTPONED The President announced that the introduction of bills and resolutions on first reading would be postponed until the end of today s’ session. SENATE CONCURRENT RESOLUTION 43 The President laid before the Senate the following resolution: WHEREAS, All citizens of the State of Texas were deeply saddened by the tragic loss of the National Aeronautics and Space Administration s’ Space Shuttle Columbia and her extraordinary crew during mission STS-107 when the shuttle broke up during reentry over the Texas sky on Februaryi1, 2003; and WHEREAS, The members of the Texas Legislature are proud of the contributions of the astronaut crew to science and engineering, to international cooperation, to human space exploration, and to the celebration of the human spirit; and WHEREAS, The STS-107 crew members, Commander Rick Husband, Pilot William C. McCool, Payload Commander Michael P. Anderson, Mission Specialist David M. Brown, Mission Specialist Kalpana Chawla, Mission Specialist Laurel B. Clark, and Payload Specialist Ilan Ramon, were respected and admired for their bravery, courage, and dedication to their mission and to the exploration of space; and WHEREAS, A key component of the NASA mission is "to inspire the next generation of explorers," and Columbia s’ brilliant, talented, and accomplished crew members will forever serve as role models to youth who aspire to pursue the noble cause of space exploration and scientific research; and WHEREAS, The National Aeronautics and Space Administration at Johnson Space Center and the Texas Legislature have long cooperated through the successful and productive joint sponsorship of education and technology programs designed to capitalize on the excitement of space exploration to encourage Texas students to study math, science, and engineering; now, therefore, be it 976 78th Legislature — Regular Session 51st Day

RESOLVED, That the 78th Legislature of the State of Texas hereby extol the numerous benefits of space flight to mankind and the importance of maintaining support for innovative programs that inspire future scientists and engineers to continue the legacy of Columbia and her crew, and hereby extend condolences to the crew families, the Johnson Space Center community, and the entire NASA family. JACKSON The resolution was read. On motion of Senator Jackson, the resolution was considered immediately and was adopted without objection. REPORT OF COMMITTEE ON NOMINATIONS Senator Lindsay submitted the following report from the Committee on Nominations: We, your Committee on Nominations, to which were referred the following appointments, have had same under consideration and report them back to the Senate with a recommendation that they be confirmed: Commissioner of Insurance:iiJose O. Montemayor, Travis County. Presiding Officer, Texas Funeral Service Commission:iiHarry M. Whittington, Travis County. Members, Texas Funeral Service Commission:iiMartha Greenlaw, Harris County; Janice B. Howard, Fort Bend County. Member, Correctional Managed Health Care Committee:iiJames Dale Griffin,iM.D., Dallas County. Members, Texas School for the Blind and Visually Impaired Board:iiJesus H. Bautista, El Paso County; Gene Iran Brooks, Ph.D., Williamson County; Donna Florence Vaden Clopton, Titus County; Otilio "Toby" Galindo, Tom Green County; Deborah Louder, Tom Green County; Frankie D. Swift, Nacogdoches County; Mary Sue Welch, Dallas County; Jamie Lou Wheeler, Tarrant County. Member, Texas Strategic Military Planning Commission:iiSamuel Loyd Neal,iJr., Nueces County. Members, Texas State Board of Acupuncture Examiners:iiSheng Ting "Sam" Chen, Travis County; Hoang Xiong Ho, Bexar County; Terry Glenn Rascoe, M.D., Bell County. Members, On-site Wastewater Treatment Research Council:iiTherese M. Baer,iP.E., Travis County; Barry D. Bedwell, Randall County; John R. Blount, Harris County; Sandra A. Cararas, Hidalgo County; Franz Kunkel Hiebert, Travis County; Kosse Kyle Maykus, Tarrant County; Charles Montel Rutledge, Brazos County; James W. "Jim" Spence, Travis County; Timothy N. Taylor, Nacogdoches County; Cynthia D. Williams, Ector County. Members, Texas Guaranteed Student Loan Corporation Board of Directors:iiTommy James Brooks, Fort Bend County; Ruben E. Esquivel, Dallas County; Morgan William Howard, Brazos County; Grace A. Shore, Gregg County. Tuesday, April 15, 2003 SENATE JOURNAL 977

Members, Risk Management Board:iiRonald D. Beals, M.D., Smith County; Martha A. Rider, Harris County. Public Counsel for the Office of Public Insurance Counsel:iiRoderick A. "Rod" Bordelon, Jr., Travis County. Members, Texas State Board of Examiners of Dietitians:iiCarol Barnett Davis, Dallas County; Janet Suzanne Hall, Williamson County; Claudia L. Lisle, Randall County. NOTICE OF CONSIDERATION OF NOMINATIONS Senator Lindsay gave notice that he would tomorrow at the conclusion of morning call submit to the Senate for consideration nominations to agencies, boards, and commissions of the state. SENATE RESOLUTION 621 Senator Zaffirini offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to recognize the Mary Help of Christians School for its outstanding contributions to the education of the children of Laredo; and WHEREAS, Established in 1935 by the Salesian Sisters of Saint John Bosco, this prominent school has served the educational and spiritual needs of many students and families in South Texas for nearly 70 years; and WHEREAS, A pioneering group of Salesian Sisters from Mexico first established a presence in the San Antonio and Castroville area in 1935; that same year, the sisters found a permanent home for their order in the City of Laredo and opened a school on Houston Street; in 1963, the school moved to its present campus; recent renovations and expansions have ensured its ability to continue its tradition of academic excellence; and WHEREAS, The Mary Help of Christians School has been guided by Saint John Bosco s’ preventive system of education, which was based on reason, spiritual development, and loving kindness, and its mission is to teach the Gospel values of ministry, mission, and service in an atmosphere of academic excellence; and WHEREAS, Countless numbers of young people have benefited from the school s’ academic rigor, and they have become effective, productive, and exemplary citizens of Laredo and our state; and WHEREAS, The City of Laredo takes great pride in the history and the presence of this highly respected institution; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby commend Mary Help of Christians School for its unflagging commitment to educating the children of Laredo and for serving as a beacon of light in the community; and, be it further RESOLVED, That a copy of this Resolution be prepared for the school s’ students, families, administration, and staff as an expression of esteem from the Texas Senate. The resolution was again read. The resolution was previously adopted on Monday, April 14, 2003. 978 78th Legislature — Regular Session 51st Day

GUESTS PRESENTED Senator Zaffirini was recognized and introduced to the Senate a delegation from Mary Help of Christians School in Laredo:iiKrisina Zuniga, student council secretary; Sofia M. Cigarroa, student council religious affairs; and student council representatives Oscar Garza and Rebecca Barrera; accompanied by Sister Jane Sanchez and members of the seventh-grade class. The Senate welcomed its guests. GUESTS PRESENTED Senator Estes was recognized and introduced to the Senate fifth-grade students from The Episcopal School in Wichita Falls, accompanied by their teacher. The Senate welcomed its guests. GUEST PRESENTED The President introduced to the Senate Congressman Gene Green of Houston. The Senate welcomed its guest. SENATE RESOLUTION 392 Senator Nelson offered the following resolution: WHEREAS, The Texas Senate is proud to pay tribute to the men and women who have donated organs so that others might live and to the Texas Transplantation Society, which seeks to promote and facilitate transplantation within the State of Texas; and WHEREAS, The Texas Transplantation Society has invited transplant physicians, surgeons, nurses, organ recipients, living donors, and family members of donors to the State Capitol today to draw attention to the shortage of organ donors; and WHEREAS, More than 80,000 men, women, and children nationwide are currently awaiting transplants of life-saving organs, and the number increases daily; and WHEREAS, More than 5,200 men, women, and children in Texas are awaiting life-saving transplants; and WHEREAS, Nationally, more than 6,000 people died last year while waiting for a life-saving transplant, and 430 people died while waiting in Texas; and WHEREAS, United States Secretary of Health and Human Services Tommy G. Thompson has designated the month of April as Donate Life Month; and WHEREAS, The goal of the Donate Life campaign is to help raise public awareness of the critical need for organ, tissue, marrow, and blood donation; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby proclaim April as Donate Life Month in the State of Texas and April 15, 2003, as Transplant Day at the State Capitol and commend the Texas Transplantation Society and its supporters for their significant efforts to highlight this important health concern; and, be it further Tuesday, April 15, 2003 SENATE JOURNAL 979

RESOLVED, That a copy of this Resolution be prepared for the Texas Transplantation Society as an expression of high regard from the Texas Senate. The resolution was read and was adopted without objection. GUESTS PRESENTED Senator Nelson was recognized and introduced to the Senate Dr. Ernest Hodge, President, Texas Transplantation Society; Laurie Reece, Executive Director; and David Courtney, lung transplant patient from Plainview; accompanied by other representatives of the Texas Transplantation Society. The Senate welcomed its guests. SENATE RESOLUTION 615 Senator Hinojosa offered the following resolution: WHEREAS, The Academic Decathlon team from Alice High School participated in the Texas Academic Decathlon held February 28-March 1, 2003, and team members deserve special recognition for their commitment to academic achievement; and WHEREAS, The Academic Decathlon was created in 1968 to promote excellence in academics; students give speeches, are interviewed, write essays, and take tests in mathematics, social sciences, economics, language/literature, music, and art; each nine-member team is divided into Honors, Scholastic, and Varsity divisions, providing for a broad range of academic backgrounds; and WHEREAS, Competing in the medium school division, members of the Alice High School team include A. J. Gonzalez, Omar Fabian, Salman Ahmed, Roshni Patel, Gabriel Gonzalez, John Simon Garcia, Katherine "Kat" Vinson, Justin Davila, and Anita Garcia; and WHEREAS, The hard work and determination to excel demonstrated by all the members of the Alice High School Academic Decathlon team are truly commendable, and it is most fitting that we honor them at this time; now, therefore, be it RESOLVED, That the Senate of the 78th Texas Legislature hereby congratulate the members of the Alice High School Academic Decathlon team on participating in the 2003 Texas Academic Decathlon state competition and extend to them sincere best wishes for continued success and happiness; and, be it further RESOLVED, That an official copy of this resolution be prepared for the Alice High School Academic Decathlon team as an expression of high regard by the Texas Senate. The resolution was read. SENATE RESOLUTION 616 Senator Hinojosa offered the following resolution: WHEREAS, The Academic Decathlon team from Flour Bluff High School in Corpus Christi participated in the Texas Academic Decathlon held February 28-Marchi1, 2003, and team members deserve special recognition for their commitment to academic achievement; and 980 78th Legislature — Regular Session 51st Day

WHEREAS, The Academic Decathlon was created in 1968 to promote excellence in academics; students give speeches, are interviewed, write essays, and take tests in mathematics, social sciences, economics, language/literature, music, and art; each nine-member team is divided into Honors, Scholastic, and Varsity divisions, providing for a broad range of academic backgrounds; and WHEREAS, Competing in the medium school division, members of the Flour Bluff High School team include Keith Brown, John Garza, Sarah Ellis, Aaron Green, Jamie Alexander, Clark Needham, J.iD. Bullard, Bartholomew Taylor, and Michael Gazin; and WHEREAS, The hard work and determination to excel demonstrated by all the members of the Flour Bluff High School Academic Decathlon team are truly commendable, and it is most fitting that we honor them at this time; now, therefore, beiit RESOLVED, That the Senate of the 78th Texas Legislature hereby congratulate the members of the Flour Bluff High School Academic Decathlon team on participating in the 2003 Texas Academic Decathlon state competition and extend to them sincere best wishes for continued success and happiness; and, be it further RESOLVED, That an official copy of this resolution be prepared for the Flour Bluff High School Academic Decathlon team as an expression of high regard by the Texas Senate. The resolution was read. SENATE RESOLUTION 617 Senator Hinojosa offered the following resolution: WHEREAS, The Academic Decathlon team from Richard King High School in Corpus Christi participated in the Texas Academic Decathlon held February 28-Marchi1, 2003, and team members deserve special recognition for their commitment to academic achievement; and WHEREAS, The Academic Decathlon was created in 1968 to promote excellence in academics; students give speeches, are interviewed, write essays, and take tests in mathematics, social sciences, economics, language/literature, music, and art; each nine-member team is divided into Honors, Scholastic, and Varsity divisions, providing for a broad range of academic backgrounds; and WHEREAS, Competing in the large school division, members of the Richard King High School team include Paul Benavides, Alexander Calloway, Albert "Scotty" Ellis, John Flores, Sara Garcia, Shari Harrison, Maritza Lozev, John Rosenkild, and William "Wes" Scogin; and WHEREAS, The hard work and determination to excel demonstrated by all the members of the Richard King High School Academic Decathlon team are truly commendable, and it is most fitting that we honor them at this time; now, therefore, beiit RESOLVED, That the Senate of the 78th Texas Legislature hereby congratulate the members of the Richard King High School Academic Decathlon team on participating in the 2003 Texas Academic Decathlon state competition and extend to them sincere best wishes for continued success and happiness; and, be it further Tuesday, April 15, 2003 SENATE JOURNAL 981

RESOLVED, That an official copy of this resolution be prepared for the Richard King High School Academic Decathlon team as an expression of high regard by the Texas Senate. The resolution was read. SENATE RESOLUTION 622 Senator Hinojosa offered the following resolution: WHEREAS, The Academic Decathlon team from Mary Carroll High School in Corpus Christi participated in the Texas Academic Decathlon held February 28-Marchi1, 2003, and team members deserve special recognition for their commitment to academic achievement; and WHEREAS, The Academic Decathlon was created in 1968 to promote excellence in academics; students give speeches, are interviewed, write essays, and take tests in mathematics, social sciences, economics, language/literature, music, and art; each nine-member team is divided into Honors, Scholastic, and Varsity divisions, providing for a broad range of academic backgrounds; and WHEREAS, Competing in the large school division, members of the Mary Carroll High School team include Amanda Bosquez, Kirstine Carter, Nicholas Cox, Emily Jasek, Niels Joaquin, Robin Melson, Megan Palacios, Julia Stryker, and Holly White; and WHEREAS, The hard work and determination to excel demonstrated by all the members of the Mary Carroll High School Academic Decathlon team are truly commendable, and it is most fitting that we honor them at this time; now, therefore, beiit RESOLVED, That the Senate of the 78th Texas Legislature hereby congratulate the members of the Mary Carroll High School Academic Decathlon team on participating in the 2003 Texas Academic Decathlon state competition and extend to them sincere best wishes for continued success and happiness; and, be it further RESOLVED, That an official copy of this resolution be prepared for the Mary Carroll High School Academic Decathlon team as an expression of high regard by the Texas Senate. The resolution was read. On motion of Senator Hinojosa, SR 615, SR 616, SR 617, and SR 622 were adopted without objection. CONCLUSION OF MORNING CALL The President at 11:36 a.m. announced the conclusion of morning call. 982 78th Legislature — Regular Session 51st Day

SENATE JOINT RESOLUTION 45 ON SECOND READING Senator Madla moved to suspend the regular order of business to take up for consideration SJRi45 at this time on its second reading: SJR 45, Proposing a constitutional amendment to repeal the authority of the legislature to provide for the creation of rural fire prevention districts. The motion prevailed by a viva voce vote. The resolution was read second time and was passed to engrossment by a viva voce vote. SENATE JOINT RESOLUTION 45 ON THIRD READING Senator Madla moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SJRi45 be placed on its third reading and final passage. The motion prevailed by the following vote:iiYeasi29, Naysi2. Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini. Nays:iiRatliff, Wentworth. The resolution was read third time and was passed by the following vote:iiYeasi31, Naysi0. COMMITTEEiiSUBSTITUTE SENATE BILL 1021 ON SECOND READING Senator Madla moved to suspend the regular order of business to take up for consideration CSSBi1021 at this time on its second reading: CSSB 1021, Relating to emergency services districts and the conversion of all rural fire prevention districts to emergency services districts. The motion prevailed by a viva voce vote. The bill was read second time and was passed to engrossment by a viva voce vote. COMMITTEEiiSUBSTITUTE SENATE BILL 1021 ON THIRD READING Senator Madla moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi1021 be placed on its third reading and final passage. Tuesday, April 15, 2003 SENATE JOURNAL 983

The motion prevailed by the following vote:iiYeasi29, Naysi2. Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini. Nays:iiRatliff, Wentworth. The bill was read third time and was passed by a viva voce vote. PERMISSION TO INTRODUCE BILLS Senator Whitmire moved to suspend Senate Rule 7.07(b) and Section 5, ArticleiIII, of the Texas Constitution to permit the introduction of the following bills:iiSB 6, SB 17, SB 19. The motion prevailed by the following vote:iiYeasi31, Naysi0. SENATE CONCURRENT RESOLUTION 44 The President laid before the Senate the following resolution: WHEREAS, Section 17, Article III, Texas Constitution, provides that neither house of the legislature may adjourn for more than three days without the consent of the other house; now, therefore, be it RESOLVED by the 78th Legislature, That each house grant the other permission to adjourn for more than three days during the period beginning on Wednesday, Aprili16, 2003, and ending on Tuesday, Aprili22, 2003. WHITMIRE The resolution was read. On motion of Senator Whitmire, the resolution was considered immediately and was adopted without objection. SENATE CONCURRENT RESOLUTION 42 The President laid before the Senate the following resolution: WHEREAS, Friday, April 18, 2003, is Good Friday, a holy day of great meaning throughout the world; and WHEREAS, Churches of various denominations will hold religious services in observance of that day; and WHEREAS, It is proper and desirable that state employees be afforded the opportunity to participate in the religious services and observances of their faith on this occasion; now, therefore, be it RESOLVED by the 78th Legislature of the State of Texas, That all state departments and agencies be closed for a half day, emergency services excepted, beginning at noon on Friday, Aprili18, 2003. BARRIENTOS The resolution was read. On motion of Senator Barrientos, the resolution was considered immediately and was adopted without objection. 984 78th Legislature — Regular Session 51st Day

SENATE RESOLUTION 596 Senator Williams offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to recognize the Texas Chemical Council and the Association of Chemical Industry of Texas and to proclaim April 15 as Chemicals Day 2003; and WHEREAS, Chemicals Day 2003 is being sponsored by both organizations and is being held at the Austin Club; there will be a luncheon on the Capitol grounds, and industry representatives will spend the day familiarizing Texas legislators with topics affecting the chemical industry and providing them information about its positive impact on the state s’ economy; and WHEREAS, The Texas Chemical Council is a statewide trade association of chemical manufacturing facilities in the state; 88 member companies produce vital products and provide employment for approximately 85,000 Texans at more than 200 separate locations across the state; their combined economic activity supports approximately 450,000 jobs in the state; and WHEREAS, Organized in 1953, the Texas Chemical Council was the nation s’ first state trade association to represent the industry s’ common interests at the state level; over time, the council has expanded to represent the industry in health and safety issues, environmental protection, and energy policy; and WHEREAS, The Association of Chemical Industry of Texas, founded in 1983, represents a host of chemical companies, including basic chemical manufacturers, formulators, contractors, consultants, and suppliers; more than 400 companies and 2,000 individuals belong to the association; and WHEREAS, The chemical industry has ably served the needs of Texans and moved the state toward a bright and healthy economic future; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 78th Legislature, hereby welcome the chemical industry delegation to the State Capitol and extend best wishes for a successful occasion; and, be it further RESOLVED, That a copy of this Resolution be prepared for the representatives of this vital industry as an expression of esteem from the Texas Senate. The resolution was read and was adopted without objection. COMMITTEEiiSUBSTITUTE SENATE BILL 251 ON SECOND READING Senator Lucio moved to suspend the regular order of business to take up for consideration CSSBi251 at this time on its second reading: CSSB 251, Relating to a school district policy concerning the use of school counselors ’work time. The motion prevailed by a viva voce vote. The bill was read second time and was passed to engrossment by a viva voce vote. Tuesday, April 15, 2003 SENATE JOURNAL 985

COMMITTEEiiSUBSTITUTE SENATE BILL 251 ON THIRD READING Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi251 be placed on its third reading and final passage. The motion prevailed by the following vote:iiYeasi28, Naysi3. Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, VanideiPutte, West, Whitmire, Williams, Zaffirini. Nays:iiRatliff, Staples, Wentworth. The bill was read third time and was passed by the following vote:iiYeasi30, Naysi1. Nays:iiStaples. SENATE BILL 1394 ON SECOND READING Senator Shapiro moved to suspend the regular order of business to take up for consideration SBi1394 at this time on its second reading: SB 1394, Relating to employment contract requirements for certain public school principals. The motion prevailed by a viva voce vote. The bill was read second time and was passed to engrossment by a viva voce vote. SENATE BILL 1394 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 SBi1394 be placed on its third reading and final passage. The motion prevailed by the following vote:iiYeasi29, Naysi2. Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini. Nays:iiRatliff, Wentworth. The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0. 986 78th Legislature — Regular Session 51st Day

COMMITTEEiiSUBSTITUTE SENATE BILL 541 ON SECOND READING Senator Williams moved to suspend the regular order of business to take up for consideration CSSBi541 at this time on its second reading: CSSB 541, Relating to authorizing insurers and health maintenance organizations to issue plans that do not include state-mandated health benefits. The motion prevailed by a viva voce vote. RECORD OF VOTES Senators Barrientos and Zaffirini asked to be recorded as voting "Nay" on the suspension of the regular order of business. The bill was read second time and was passed to engrossment by a viva voce vote. RECORD OF VOTES Senators Barrientos and Zaffirini asked to be recorded as voting "Nay" on the passage of CSSBi541 to engrossment. COMMITTEEiiSUBSTITUTE SENATE BILL 541 ON THIRD READING Senator Williams moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi541 be placed on its third reading and final passage. The motion prevailed by the following vote:iiYeasi26, Naysi4. Yeas:iiArmbrister, Averitt, Bivins, Brimer, Carona, Deuell, Duncan, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams. Nays:iiBarrientos, Ratliff, Wentworth, Zaffirini. Absent:iiEllis. The bill was read third time and was passed by a viva voce vote. RECORD OF VOTES Senators Barrientos and Zaffirini asked to be recorded as voting "Nay" on the final passage of CSSBi541. COMMITTEE iiSUBSTITUTE SENATE BILL 7 ON THIRD READING Senator Wentworth moved to suspend the regular order of business to take up for consideration CSSBi7 at this time on its third reading and final passage: CSSB 7, Relating to the recognition of a same-sex marriage or a civil union. The motion prevailed by a viva voce vote. Tuesday, April 15, 2003 SENATE JOURNAL 987

RECORD OF VOTES Senators Barrientos, Hinojosa, and VanideiPutte asked to be recorded as voting "Nay" on the suspension of the regular order of business. The bill was read third time. Senator Barrientos offered the following amendment to the bill: Floor Amendment No. 1 on Third Reading Amend CSSB 7 on page 1, following line 34, by adding a new Subsection (d) to read as follows: "(d)iiNo marriage license may be granted in Texas if either party to the license has been convicted twice under Penal Code Sec.i22.01 or 25.07." The floor amendment was read and failed of adoption by a viva voce vote. Senator Barrientos offered the following amendment to the bill: Floor Amendment No. 2 on Third Reading Amend CSSB 7 on page 1, following line 34, to add a new Sectioni3 to read as follows and renumber subsequent sections: "SECTIONi3.iiThe State Bar of Texas is authorized and instructed to conduct a study which shall detail the recognized rights afforded to married persons of the opposite sex which are not provided to or recognized for married persons of the same sex. Results of this study shall be delivered to every legislator on or before Decemberi31, 2004." The floor amendment was read. POINT OF ORDER Senator Harris raised a point of order that Floor Amendment No.i2 was not germane to the body of the bill. POINT OF ORDER WITHDRAWN On motion of Senator Harris, the point of order was withdrawn. Question recurring on the adoption of Floor Amendment No.i2, the amendment failed of adoption by the following vote:iiYeasi11, Naysi19. Yeas:iiBarrientos, Ellis, Gallegos, Hinojosa, Lucio, Madla, Shapleigh, VanideiPutte, West, Whitmire, Zaffirini. Nays:iiArmbrister, Averitt, Bivins, Brimer, Carona, Deuell, Duncan, Estes, Fraser, Harris, Janek, Lindsay, Nelson, Ogden, Ratliff, Shapiro, Staples, Wentworth, Williams. Absent:iiJackson. 988 78th Legislature — Regular Session 51st Day

Senator Barrientos offered the following amendment to the bill: Floor Amendment No. 3 on Third Reading Amend CSSB 7 on page 1, following line 34 to add a new Subsectioni(d) to read as follows: "(d)iiThe state may extradite or serve process upon a person for spousal support, alimony, or criminal nonsupport if the support order arises from a marriage between two persons of the same gender." The floor amendment was read and failed of adoption by the following vote:iiYeasi9, Naysi22. Yeas:iiBarrientos, Ellis, Gallegos, Hinojosa, Shapleigh, VanideiPutte, West, Whitmire, Zaffirini. Nays:iiArmbrister, Averitt, Bivins, Brimer, Carona, Deuell, Duncan, Estes, Fraser, Harris, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Ratliff, Shapiro, Staples, Wentworth, Williams. Floor Amendment No.i4 on Third Reading was not offered. Senator VanideiPutte offered the following amendment to the bill: Floor Amendment No. 5 on Third Reading Amend CSSB 7 on page 1, following line 34, to add a new Subsectioni(d) to read as follows: "(d)iiA person whose gender identity has been reassigned and recognized by a state court shall be issued a marriage license to a person of the opposite sex." The floor amendment was read and failed of adoption by a viva voce vote. CSSB 7 was finally passed by a viva voce vote. RECORD OF VOTES Senators Barrientos, Ellis, Gallegos, Hinojosa, Shapleigh, VanideiPutte, West, Whitmire, and Zaffirini asked to be recorded as voting "Nay" on the final passage of CSSBi7. GUEST PRESENTED The President introduced to the Senate Ray Hutchison, husband of United States Senator Kay Bailey Hutchison. The Senate welcomed its guest. COMMITTEEiiSUBSTITUTE SENATE BILL 1057 ON SECOND READING Senator Duncan moved to suspend the regular order of business to take up for consideration CSSBi1057 at this time on its second reading: CSSB 1057, Relating to the determination of incompetency in criminal and juvenile justice cases. The motion prevailed by a viva voce vote. The bill was read second time and was passed to engrossment by a viva voce vote. Tuesday, April 15, 2003 SENATE JOURNAL 989

COMMITTEEiiSUBSTITUTE SENATE BILL 1057 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 CSSBi1057 be placed on its third reading and final passage. The motion prevailed by the following vote:iiYeasi27, Naysi4. Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, Whitmire, Williams. Nays:iiRatliff, Wentworth, West, Zaffirini. The bill was read third time and was passed by a viva voce vote. COMMITTEEiiSUBSTITUTE SENATE BILL 1224 ON SECOND READING Senator Ellis moved to suspend the regular order of business to take up for consideration CSSBi1224 at this time on its second reading: CSSB 1224, Relating to representation of applicants for writs of habeas corpus in cases involving the death penalty. The motion prevailed by a viva voce vote. RECORD OF VOTE Senator Nelson asked to be recorded as voting "Nay" on the suspension of the regular order of business. The bill was read second time. Senator Ellis offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 1224 by striking all below the enacting clause and substituting the following: SECTIONi1.iiSections 2(a), (c), and (d), Article 11.071, Code of Criminal Procedure, are amended to read as follows: (a)iiAn applicant shall be represented by competent counsel unless the applicant has elected to proceed pro se and the convicting trial court finds, after a hearing on the record, that the applicant s’ election is intelligent and voluntary. An attorney appointed or employed as counsel under this section shall provide competent representation during the course of proceedings under this article and shall perform all duties required of counsel under this article. (c)iiAt the earliest practical time, but in no event later than 30 days, after the convicting court makes the findings required under Subsections (a) and (b), the convicting court shall appoint competent counsel from the list of qualified attorneys maintained under Subsection (d), unless the applicant elects to proceed pro se or is represented by retained counsel. The convicting court may also appoint an attorney to assist an attorney appointed as lead counsel in the case. On appointing counsel under 990 78th Legislature — Regular Session 51st Day this section, the convicting court shall immediately notify the court of criminal appeals of the appointment, including in the notice a copy of the judgment and the name, address, and telephone number of the appointed counsel. (d)(1)iiThe Task Force on Indigent Defense [court of criminal appeals] shall adopt standards [rules] for the appointment of attorneys as counsel under this section, compile and maintain a list of attorneys qualified for appointment, and make the list available to convicting courts [and the convicting court may appoint an attorney as counsel under this section only if the appointment is approved by the court of criminal appeals in any manner provided by those rules]. (2)iiIn adopting the standards required by Subdivision (1), the Task Force on Indigent Defense shall establish minimums for: (A)iiyears of practice; (B)iiproficiency and commitment to providing quality representation to defendants or applicants seeking relief in death penalty cases; (C)iiexperience in trial, appellate, or habeas corpus proceedings for offenses punished as capital felonies; (D)iiparticipation in continuing legal education courses or other training relating to criminal defense or habeas corpus proceedings in capital cases; and (E)iipermissible history relating to: (i)iiprevious instances of having been found to have rendered ineffective assistance of counsel during the trial or appeal of any felony case; and (ii)iidisciplinary proceedings before the State Bar of Texas or an equivalent body in another state. (3)iiThe Task Force on Indigent Defense shall adopt a procedure that permits placing on the list of qualified attorneys an attorney who does not meet all requirements of this subsection, but only if the task force determines that the attorney possesses background, knowledge, or experience that would enable the attorney to properly represent an applicant, with due consideration to the seriousness of the possible punishment and the unique and complex nature of the litigation. (4)iiThe convicting court may not appoint an attorney as counsel under this section if the attorney represented the applicant at trial or on direct appeal, unless: (A)iithe applicant and the attorney request the appointment on the record; and (B)iithe court finds good cause to make the appointment. SECTIONi2.iiSection 2A, Article 11.071, Code of Criminal Procedure, is amended by adding Subsection (d) to read as follows: (d)(1)iiPayment may not be made under Subsection (c) until a statement itemizing the services performed is submitted to the convicting court and the convicting court approves the payment. If the convicting court disapproves the amount requested for payment, the convicting court shall enter a finding in writing stating the amount of payment that the court approves and the reason for approving a different amount than the amount requested. If a convicting court approves a payment or disapproves a payment and the attorney does not within three days of notice of the disapproval file an appeal of the disapproval under Subdivision (2), the Tuesday, April 15, 2003 SENATE JOURNAL 991 commissioners court of the county shall pay the amount approved by the convicting court. Payment must be made under this subdivision not later than the 45th day after the date the convicting court approves an amount. (2)iiThe attorney may appeal the disapproval by filing a motion with the presiding judge of the administrative region in which the convicting court is located or may invoke the procedures of a fee dispute committee established by a local bar association and recognized by the State Bar of Texas. If a motion is filed under this subdivision with the presiding judge of an administrative judicial region, the judge shall review the disapproval of payment and determine, with or without a hearing, the appropriate amount of payment. The presiding judge shall approve an amount that the judge determines is proper. The commissioners court of the county served by the convicting court shall pay to the attorney the amount determined to be proper by the presiding judge or fee dispute committee. The payment must be made not later than the 45th day after the later of: (A)iithe date on which the itemized statement is submitted to the convicting court; or (B)iithe date on which the presiding judge or fee dispute committee approves a payment amount. SECTIONi3.iiSection 3(b), Article 11.071, Code of Criminal Procedure, is amended to read as follows: (b)iiNot later than the 30th day before the date the application for a writ of habeas corpus is filed with the convicting court, counsel may file with the convicting court an ex parte, verified, and confidential request for prepayment of expenses, including expert fees, to investigate and present potential habeas corpus claims. The court shall authorize the prepayment of expenses on finding that the expenses are reasonably necessary for the investigation of a potentially meritorious habeas corpus claim that could entitle the applicant to relief. [The request for expenses must state: [(1)iithe claims of the application to be investigated; [(2)iispecific facts that suggest that a claim of possible merit may exist; and [(3)iian itemized list of anticipated expenses for each claim.] SECTIONi4.iiSection 5, Article 11.071, Code of Criminal Procedure, is amended by amending Subsection (a) and adding Subsection (g) to read as follows: (a)iiIf a subsequent application for a writ of habeas corpus is filed after filing an initial application, a court may not consider the merits of or grant relief based on the subsequent application unless the application contains sufficient specific facts establishing that: (1)iithe current claims and issues have not been and could not have been presented previously in a timely initial application or in a previously considered application filed under this article or Article 11.07 because the factual or legal basis for the claim was unavailable on the date the applicant filed the previous application; (2)iiby a preponderance of the evidence, but for a violation of the United States Constitution no rational juror could have found the applicant guilty beyond a reasonable doubt; [or] (3)iiby clear and convincing evidence, but for a violation of the United States Constitution no rational juror would have answered in the state s’ favor one or more of the special issues that were submitted to the jury in the applicant s’ trial under Article 37.071 or 37.0711; or 992 78th Legislature — Regular Session 51st Day

(4)iiby clear and convincing evidence: (A)iithe applicant was represented by incompetent counsel during the initial application; (B)iias a direct result of the incompetence, a meritorious claim or issue raised in the current application was not raised in the initial application; and (C)iithe claim or issue alleges sufficient facts that, if proven in the convicting court, could entitle the applicant to relief. (g)iiA subsequent application for a writ of habeas corpus asserting specific facts establishing justifications described by Subsection (a)(4), returnable to the court of criminal appeals, must be filed in the convicting court not later than the 60th day after the date on which the federal court of appeals denies the applicant relief. The court of criminal appeals shall dismiss as an abuse of writ an application filed later than the 60th day after the denial of relief. SECTIONi5.iiSection 6, Article 11.071, Code of Criminal Procedure, is amended by adding Subsection (b-1) to read as follows: (b-1)iiIf the convicting court receives notice that the requirements of Section 5(a) for consideration of a subsequent application have been met, the convicting court shall appoint counsel and provide for the compensation for time previously spent and reimbursement of expenses previously incurred in the same manner as is provided by Sections 2A and 3, regardless of whether the subsequent application is ultimately dismissed. SECTIONi6.iiSection 71.060(c), Government Code, is amended to read as follows: (c)iiAny qualification standards adopted by the Task Force on Indigent Defense under Subsection (a) that relate to the appointment of counsel in a death penalty case must be consistent with the standards specified under Section 2, Article 11.071, or Article 26.052(d), Code of Criminal Procedure, as appropriate. An attorney who is identified by the task force as not satisfying performance or qualification standards adopted by the task force under Subsection (a) may not accept an appointment in a capital case. SECTIONi7.iiSection 4A(f), Article 11.071, Code of Criminal Procedure, is repealed. SECTIONi8.iiThe Task Force on Indigent Defense shall adopt standards and create and maintain an attorney appointment list as required by Section 2, Article 11.071, Code of Criminal Procedure, as amended by this Act, not later than January 1, 2004. SECTIONi9.iiA convicting court that appoints counsel under Section 2, Article 11.071, Code of Criminal Procedure, on or after January 1, 2004, shall appoint the counsel in conformity with this Act. Counsel appointed under Section 2, Article 11.071, before January 1, 2004, must be appointed in conformity with Section 2, Article 11.071, as that section existed when the appointment was made, and the former law is continued in effect for that purpose. SECTIONi10.iiThis Act takes effect September 1, 2003. The floor amendment was read and was adopted by a viva voce vote. RECORD OF VOTE Senator Nelson asked to be recorded as voting "Nay" on the adoption of Floor Amendment No. 1. Tuesday, April 15, 2003 SENATE JOURNAL 993

On motion of Senator Ellis and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSB 1224 as amended was passed to engrossment by a viva voce vote. RECORD OF VOTE Senator Nelson asked to be recorded as voting "Nay" on the passage of CSSBi1224 to engrossment. SENATE BILL 266 ON SECOND READING Senator Lucio moved to suspend the regular order of business to take up for consideration SBi266 at this time on its second reading: SB 266, Relating to the continuation and functions of the Board of Law Examiners. The motion prevailed by a viva voce vote. The bill was read second time. Senator Van de Putte offered the following amendment to the bill: Floor Amendment No. 1 Amend SB 266 as follows: (1)iiIn SECTION 9 of the bill (committee printing, page 4, line 69), strike "Section 82.0272" and substitute "Sections 82.0272 and 82.029". (2)iiIn SECTION 9 of the bill (committee printing, page 5, between lines 7 and 8), insert the following: Sec.i82.029.iiREPORT ON APPLICANTS WHO FAIL EXAMINATION. (a) The Board of Law Examiners shall compile a report indicating the number of applicants who fail the July 2003 bar examination. The data shall be aggregated by ethnicity and race. The report shall also include the board s’ recommendation on how the board might attempt to reduce the number of applicants who fail the bar examination. The board shall deliver the report to the legislature not later than Decemberi31, 2003. (b)iiThis section expires January 1, 2004. The floor amendment was read. Senator Gallegos offered the following amendment to the amendment: Floor Amendment No. 2 Amend Floor Amendment No. 1 to SB 266 by inserting between "by" and "ethnicity" on line 10 by inserting the word "gender," and renumber other lines as appropriately. The amendment to the amendment was adopted by a viva voce vote. 994 78th Legislature — Regular Session 51st Day

Question recurring on the adoption of Floor Amendment No.i1 as amended, the amendment as amended was adopted by a viva voce vote. RECORD OF VOTE Senator Fraser asked to be recorded as voting "Nay" on the adoption of Floor Amendment No.i1 as amended. On motion of Senator Lucio and by unanimous consent, the caption was amended to conform to the body of the bill as amended. SB 266 as amended was passed to engrossment by a viva voce vote. SENATE BILL 266 ON THIRD READING Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi266 be placed on its third reading and final passage. The motion prevailed by the following vote:iiYeasi29, Naysi2. Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini. Nays:iiRatliff, Wentworth. The bill was read third time and was passed by a viva voce vote. COMMITTEEiiSUBSTITUTE SENATE BILL 1430 ON SECOND READING Senator Averitt moved to suspend the regular order of business to take up for consideration CSSBi1430 at this time on its second reading: CSSB 1430, Relating to additional interest for default on certain secondary mortgage loans. The motion prevailed by a viva voce vote. RECORD OF VOTES Senators Hinojosa and Shapleigh asked to be recorded as voting "Nay" on the suspension of the regular order of business. The bill was read second time and was passed to engrossment by a viva voce vote. RECORD OF VOTES Senators Hinojosa and Shapleigh asked to be recorded as voting "Nay" on the passage of CSSB 1430 to engrossment. COMMITTEEiiSUBSTITUTE SENATE BILL 1430 ON THIRD READING Senator Averitt moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi1430 be placed on its third reading and final passage. Tuesday, April 15, 2003 SENATE JOURNAL 995

The motion prevailed by the following vote:iiYeasi27, Naysi4. Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini. Nays:iiHinojosa, Ratliff, Shapleigh, Wentworth. The bill was read third time and was passed by the following vote:iiYeasi29, Naysi2. Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Ratliff, Shapiro, Staples, VanideiPutte, Wentworth, West, Whitmire, Williams, Zaffirini. Nays:iiHinojosa, Shapleigh. COMMITTEEiiSUBSTITUTE SENATE BILL 894 ON SECOND READING Senator Bivins moved to suspend the regular order of business to take up for consideration CSSBi894 at this time on its second reading: CSSB 894, Relating to the reporting and auditing requirements relating to school dropouts and to the use of compensatory education funds. The motion prevailed by a viva voce vote. RECORD OF VOTE Senator Shapleigh asked to be recorded as voting "Nay" on the suspension of the regular order of business. The bill was read second time. Senator Barrientos offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 894 as follows: On page 3, line 23, between the words commissioner and require, change the word "may" to shall. The floor amendment was read and failed of adoption by the following vote:iiYeasi8, Naysi20. Yeas:iiBarrientos, Ellis, Gallegos, Hinojosa, Lucio, Madla, Shapleigh, Zaffirini. Nays:iiArmbrister, Averitt, Bivins, Brimer, Carona, Deuell, Duncan, Estes, Fraser, Harris, Jackson, Janek, Lindsay, Nelson, Ogden, Ratliff, Shapiro, Staples, Wentworth, Williams. Absent:iiVanideiPutte, West, Whitmire. CSSB 894 was passed to engrossment by a viva voce vote. 996 78th Legislature — Regular Session 51st Day

RECORD OF VOTES Senators Barrientos and Shapleigh asked to be recorded as voting "Nay" on the passage of CSSBi894 to engrossment. COMMITTEEiiSUBSTITUTE SENATE BILL 894 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 CSSBi894 be placed on its third reading and final passage. The motion prevailed by the following vote:iiYeasi27, Naysi4. Yeas:iiArmbrister, Averitt, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini. Nays:iiBarrientos, Ratliff, Shapleigh, Wentworth. The bill was read third time and was passed by a viva voce vote. RECORD OF VOTES Senators Barrientos and Shapleigh asked to be recorded as voting "Nay" on the final passage of CSSBi894. COMMITTEEiiSUBSTITUTE SENATE BILL 644 ON SECOND READING Senator Wentworth moved to suspend the regular order of business to take up for consideration CSSBi644 at this time on its second reading: CSSB 644, Relating to prohibiting a governmental entity from disclosing personal information of certain persons who hold a private pesticide applicator license and of their clients. The motion prevailed by a viva voce vote. The bill was read second time. Senator Wentworth offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSBi644 by striking SECTION 2 of the bill and substituting: SECTIONi2.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect Septemberi1, 2003. The floor amendment was read and was adopted by a viva voce vote. On motion of Senator Wentworth and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSB 644 as amended was passed to engrossment by a viva voce vote. Tuesday, April 15, 2003 SENATE JOURNAL 997

SENATE BILL 1280 ON SECOND READING Senator Fraser moved to suspend the regular order of business to take up for consideration SBi1280 at this time on its second reading: SB 1280, Relating to the regulation of certain successors of electric cooperatives. The motion prevailed by a viva voce vote. The bill was read second time and was passed to engrossment by a viva voce vote. SENATE BILL 1280 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 SBi1280 be placed on its third reading and final passage. The motion prevailed by the following vote:iiYeasi29, Naysi2. Yeas:iiArmbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Shapiro, Shapleigh, Staples, VanideiPutte, West, Whitmire, Williams, Zaffirini. Nays:iiRatliff, Wentworth. The bill was read third time and was passed by a viva voce vote. COMMITTEEiiSUBSTITUTE SENATE BILL 1017 ON SECOND READING Senator Wentworth moved to suspend the regular order of business to take up for consideration CSSBi1017 at this time on its second reading: CSSB 1017, Relating to the ability of a county to sue and be sued. The motion prevailed by a viva voce vote. The bill was read second time. Senator Wentworth offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 1017 in SECTIONi2 of the bill (committee printing pagei1, linei25), between "defended" and "on", by striking "in any court". The floor amendment was read and was adopted by a viva voce vote. Senator Wentworth offered the following amendment to the bill: Floor Amendment No. 2 Amend CSSB 1017 as follows: (1)iiIn SECTION 2 of the bill, in added Sectioni262.007, Local Government Code, immediately following the period after the section heading (committee printing, pagei1, linei23), insert "(a)". 998 78th Legislature — Regular Session 51st Day

(2)iiIn SECTION 2 of the bill, at the end of added Sectioni262.007, Local Government Code (committee printing, pagei1, between lines 29 and 30), insert the following: (b)iiThis section does not waive a defense or a limitation on damages available to a party to a contract, other than a defense or limitation on damages based on sovereign immunity. The floor amendment was read and was adopted by a viva voce vote. On motion of Senator Wentworth and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSBi1017 as amended was passed to engrossment by a viva voce vote. SENATE RULE 11.13 SUSPENDED (Consideration of Bills in Committees) On motion of Senator Ratliff and by unanimous consent, Senate Rule 11.13 was suspended to grant all committees permission to meet while the Senate is meeting today. NOTICE GIVEN FOR LOCAL AND UNCONTESTED CALENDAR Senator Harris 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 tomorrow, upon completion of the daily session, and that all bills and resolutions would be considered on second and third reading in the order in which they were listed. SENATE RULES SUSPENDED (Posting Rules) On motion of Senator Brimer and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Intergovernmental Relations might meet and consider SB 1784 tomorrow. SENATE RULES SUSPENDED (Posting Rules) On motion of Senator Armbrister and by unanimous consent, Senate Rulei11.10(a) and Senate Rulei11.18(a) were suspended in order that the Committee on Natural Resources might meet and consider SBi1405 from the Subcommittee on Agriculture today. MOTION TO ADJOURN On motion of Senator Whitmire and by unanimous consent, the Senate at 2:49ip.m. agreed to adjourn, upon completion of the introduction of bills and resolutions on first reading, until 10:00ia.m. tomorrow. Tuesday, April 15, 2003 SENATE JOURNAL 999

SENATE BILLS ON FIRST READING The following bills were introduced, read first time, and referred to the committees indicated: SB 6 by Van de Putte Relating to extending the time to claim a lottery prize for certain military personnel. To Committee on Veteran Affairs and Military Installations. SB 17 by Jackson Relating to the income and cost methods of appraisal of real property for ad valorem tax purposes. To Committee on Finance. SB 18 by Jackson Relating to the creation and authority of the Baybrook Management District; providing authority to impose taxes and issue bonds.ii(Local Bill) To Committee on Intergovernmental Relations. SB 19 by Ratliff Relating to audit and other related functions of the State Auditor and of certain other state entities. To Committee on Government Organization. HOUSE BILLS ON FIRST READING The following bills received from the House were read first time and referred to the committees indicated: HB 103 to Committee on Criminal Justice. HB 174 to Committee on Veteran Affairs and Military Installations. HB 263 to Committee on Health and Human Services. HB 284 to Committee on Criminal Justice. HB 500 to Committee on State Affairs. HB 545 to Committee on Veteran Affairs and Military Installations. HB 558 to Committee on Education. HB 564 to Committee on Veteran Affairs and Military Installations. HB 591 to Committee on Veteran Affairs and Military Installations. HB 627 to Committee on Infrastructure Development and Security. HB 641 to Committee on Natural Resources. HB 727 to Committee on Health and Human Services. HB 728 to Committee on Health and Human Services. HB 802 to Committee on Business and Commerce. HB 845 to Committee on State Affairs. HB 861 to Committee on Health and Human Services. HB 882 to Committee on Education. HB 904 to Committee on Business and Commerce. HB 928 to Committee on State Affairs. HB 948 to Committee on State Affairs. HB 1046 to Committee on Natural Resources. HB 1049 to Committee on Infrastructure Development and Security. 1000 78th Legislature — Regular Session 51st Day

HB 1056 to Committee on Business and Commerce. HB 1174 to Committee on State Affairs. HB 1226 to Committee on Education. HB 1234 to Committee on Intergovernmental Relations. HB 1237 to Committee on Infrastructure Development and Security. HB 1264 to Committee on Business and Commerce. HB 1274 to Committee on State Affairs. HB 1322 to Committee on Health and Human Services. HB 1401 to Committee on Government Organization. HB 1454 to Committee on Intergovernmental Relations. HB 1508 to Committee on Business and Commerce. HB 1517 to Committee on State Affairs. HB 1522 to Committee on Veteran Affairs and Military Installations. HB 1528 to Committee on Infrastructure Development and Security. HB 1531 to Committee on Business and Commerce. HB 1564 to Committee on Education. HB 1566 to Subcommittee on Higher Education. HB 1597 to Committee on State Affairs. HB 1625 to Committee on Business and Commerce. HB 1696 to Committee on State Affairs. HB 1716 to Committee on Jurisprudence. HB 1754 to Committee on Business and Commerce. HB 1767 to Committee on Intergovernmental Relations. HB 1784 to Committee on Infrastructure Development and Security. HB 1831 to Committee on Infrastructure Development and Security. HB 1832 to Committee on Intergovernmental Relations. HB 1836 to Committee on Natural Resources. HB 1858 to Committee on Natural Resources. HB 1890 to Committee on Education. HB 1949 to Committee on Education. HB 1975 to Committee on State Affairs. HB 1984 to Committee on State Affairs. HB 2012 to Committee on Natural Resources. HB 2021 to Committee on Natural Resources. HB 2061 to Committee on Education. HB 2064 to Committee on State Affairs. HB 2071 to Committee on Criminal Justice. HB 2091 to Committee on Infrastructure Development and Security. HB 2092 to Committee on Infrastructure Development and Security. HB 2093 to Committee on State Affairs. HB 2116 to Committee on Infrastructure Development and Security. HB 2152 to Committee on State Affairs. HB 2153 to Committee on State Affairs. HB 2300 to Committee on Natural Resources. HB 2382 to Committee on Natural Resources. Tuesday, April 15, 2003 SENATE JOURNAL 1001

RESOLUTIONS OF RECOGNITION The following resolutions were adopted by the Senate: Memorial Resolutions SR 626 by Ellis, In memory of Herbert William McKinney. HCR 200 (Jackson), In memory of the crew of the space shuttle Columbia. Congratulatory Resolutions SR 625 by Ogden, Commending Ernie W. Laurence, Sr., of Hutto for his educational leadership. SR 627 by Barrientos, Congratulating Michael and Michelle Ingersoll on the birth of their son, Matthew Ryan Ingersoll. (Senator Averitt in Chair) ADJOURNMENT Pursuant to a previously adopted motion, the Senate at 2:54ip.m. adjourned until 10:00ia.m. tomorrow.

AAAPPENDIXAA

COMMITTEE REPORTS The following committee reports were received by the Secretary of the Senate in the order listed: April 15, 2003 ADMINISTRATIONi—iHB 970 INTERNATIONAL RELATIONS AND TRADEi—iSCR 7, CSSB 309 GOVERNMENT ORGANIZATIONi—iSB 919, SB 1694, SBi1892, CSSBi280, CSSBi281, CSSBi283, CSSBi285, CSSBi1418, CSSBi1449, CSSBi1701 JURISPRUDENCEi—iHB 462, SJR 33, SB 794, SB 1165, SB 1889 INFRASTRUCTURE DEVELOPMENT AND SECURITYi—iSBi409, SBi1184, SBi1876 EDUCATIONi—iCSSB 396, CSSB 699