TWENTY-SIXTH DAY - THURSDAY, FEBRUARY 25, 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 26).

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; Counts; Crabb; Craddick; Crownover; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; 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; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Sadler; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J. F.; Solomons; Staples; Swinford; Talton; 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 - Corte; Deshotel; Ritter; Solis, J.

Absent - Oliveira.

The invocation was offered by Steve Pepper, First Christian Church, Knox City, as follows:

Psalms 46:1 and 2 say, "This God is our mighty fortress, always ready to help in times of trouble. And so, we won't be afraid! Even though the earth trembles and the mountains tumble into the sea. We won't be afraid." Historically, a fortress was a place of protection in times of trouble.

If there was a safe place to be, the fortress was the safest.

Psalms 46:1 assures us that God is our mighty fortress. In our time of troubles we can run to him for safe council. Verse 10 says, "Quiet yourself and know that I am your God. And I will be exalted among the nations."

I've never had the pleasure of being on the house floor while you all are in session. But as I look across this room I see a picture in my mind of a very busy-sometimes noisy-and maybe even at times a troublesome day as you lead our great state. What better way can you begin a busy day like that, than to "Quiet yourself and get to know your God's fortress?" Would you join me in a moment of quietness with God this morning?

LEAVES OF ABSENCE GRANTED

The following member was granted leave of absence for today because of personal business:

Corte on motion of Green.

The following member was granted leave of absence for today to attend a funeral:

J. Solis on motion of Uresti.

The following members were granted leaves of absence for today because of important business:

Deshotel on motion of Maxey.

Ritter on motion of Lengefeld.

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).

CAPITOL PHYSICIAN

The speaker recognized Representative McClendon who presented Dr. Joseph Lopez of San Antonio as the "Doctor for the Day."

The house welcomed Dr. Lopez and thanked him for his participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians.

HR 100 - ADOPTED

(by Walker)

Representative Walker moved to suspend all necessary rules to take up and consider at this time HR 100.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 100, Recognizing Edward F. and Erma Dean Walker on the occasion of their 60th anniversary.

HR 100 was read and was adopted without objection.

On motion of Representatives West and Uher, the names of all the members of the house were added to HR 100 as signers thereof.

INTRODUCTION OF GUESTS

The speaker recognized Representative Walker, who introduced his parents, Edward F. and Erma Dean Walker.

(Gallego in the chair)

HCR 107 - ADOPTED

(by Homer)

Representative Homer moved to suspend all necessary rules to take up and consider at this time HCR 107.

The motion prevailed without objection.

The following resolution was laid before the house:

HCR 107, Recognizing February 25, 1999, as Paris-Lamar County Day at the Capitol.

HCR 107 was read and was adopted without objection.

LEAVE OF ABSENCE GRANTED

The following member was granted leave of absence for the remainder of today because of important business in the district:

Eiland on motion of Janek.

(Speaker in the chair)

HR 296 - ADOPTED

(by Staples)

Representative Staples moved to suspend all necessary rules to take up and consider at this time HR 296.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 296, Honoring Ray White of Palestine on his 80th birthday.

HR 296 was adopted without objection.

HCR 99 - ADOPTED

(by Gallego)

Representative Gallego moved to suspend all necessary rules to take up and consider at this time HCR 99.

The motion prevailed without objection.

The following resolution was laid before the house:

HCR 99, Honoring the Kickapoo Traditional Tribe of Texas.

HCR 99 was read and was adopted without objection.

On motion of Representative West, the names of all the members of the house were added to HCR 99 as signers thereof.

INTRODUCTION OF GUESTS

The speaker recognized Representative Gallego, who introduced representatives of the Kickapoo Traditional Tribe of Texas.

HCR 75 - ADOPTED

(by West)

Representative West moved to suspend all necessary rules to take up and consider at this time HCR 75.

The motion prevailed without objection.

The following resolution was laid before the house:

HCR 75, Honoring Sam A. Ballew on his retirement.

HCR 75 was adopted without objection.

HR 297 - ADOPTED

(by Zbranek)

Representative Zbranek moved to suspend all necessary rules to take up and consider at this time HR 297.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 297, Congratulating Kirby Dulaney on attaining the rank of Eagle Scout.

HR 297 was adopted without objection.

HR 280 - ADOPTED

(by Elkins)

Representative Elkins moved to suspend all necessary rules to take up and consider at this time HR 280.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 280, Honoring Ashley Millet for her efforts to combat substance abuse.

HR 280 was read and was adopted without objection.

HR 232 - ADOPTED

(by Naishtat)

Representative Naishtat moved to suspend all necessary rules to take up and consider at this time HR 232.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 232, Granting permission for the South Central Texas District of Optimist International to use the house chamber on March 3, 1999.

HR 232 was adopted without objection.

HR 247 - ADOPTED

(by Morrison)

Representative Morrison moved to suspend all necessary rules to take up and consider at this time HR 247.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 247, Recognizing Representative Fred Brown on the occasion of his birthday.

HR 247 was read and was adopted without objection.

SCR 32 - ADOPTED

(Isett - House Sponsor)

Representative Isett moved to suspend all necessary rules to take up and consider at this time SCR 32.

The motion prevailed without objection.

The following resolution was laid before the house:

SCR 32, Recognizing James Calvin Pigg for his outstanding contributions to the betterment of Texas agriculture.

SCR 32 was adopted without objection.

PROVIDING FOR ADJOURNMENT

Representative Counts moved that, at the conclusion of the reading of bills and resolutions on first reading and referral to committees and a senate message, the house adjourn until 10 a.m. Monday, March 1, in memory of Rayberne Oliver of Rule, Texas, who died yesterday.

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.)

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. 2).

ADJOURNMENT

In accordance with a previous motion, the house, at 11:03 a.m., adjourned until 10 a.m. Monday, March 1.

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ADDENDUM

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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 1717 (by Hupp), Relating to the name of the Fox Crossing Water District.

To Natural Resources.

HB 1718 (by Dukes), Relating to the use of the compensation to victims of crime fund to pay the cost of providing certain victims' services and assistance.

To Criminal Jurisprudence.

HB 1719 (by Dukes), Relating to designating certain substances as Schedule I or Schedule III controlled substances under the Texas Controlled Substances Act.

To Public Health.

HB 1720 (by Edwards), Relating to the right to choose a specialist for the performance of certain health care services.

To Insurance.

HB 1721 (by Edwards), Relating to use of a drug formulary in certain health benefit plans.

To Insurance.

HB 1722 (by Counts), Relating to investment of money in the veterans' land fund.

To Pensions & Investments.

HB 1723 (by Lengefeld), Relating to consolidating the juvenile boards in Bosque, Comanche, and Hamilton counties.

To Juvenile Justice & Family Issues.

HB 1724 (by Janek), Relating to contracts for professional services in certain counties; providing a civil penalty.

To County Affairs.

HB 1725 (by Salinas), Relating to immunization requirements for children living near the border with the United Mexican States.

To Public Health.

HB 1726 (by Krusee), Relating to the issuance of bonds to finance or refinance certain facilities used by an open-enrollment charter school.

To Public Education.

HB 1727 (by Zbranek), Relating to a county's jurisdiction over solid waste disposal.

To Environmental Regulation.

HB 1728 (by Bosse), Relating to the authority of the commissioners court of a county to regulate the use of fireworks in a residential subdivision; providing a criminal penalty.

To State Affairs.

HB 1729 (by Danburg), Relating to telecommunications bills.

To State Affairs.

HB 1730 (by Danburg), Relating to the protection of telecommunications and electric services customers; providing penalties.

To State Affairs.

HB 1731 (by Allen), Relating to the right of victims of a sexual assault to the presence of a victim assistance coordinator, crime victim advocate, or other representative during certain medical examinations.

To Criminal Jurisprudence.

HB 1732 (by Crownover), Relating to testing of certain horses for equine infectious anemia; providing a criminal penalty.

To Agriculture & Livestock.

HB 1733 (by Luna), Relating to a continuing advisory panel to provide policy guidance concerning special education and related services.

To Public Education.

HB 1734 (by Junell), Relating to retirement benefits payable for service as a district or criminal district attorney or a county attorney performing the duties of a district attorney.

To Pensions & Investments.

HB 1735 (by S. Turner), Relating to exempting certain entities that perform cooperative purchasing for local governments from competitive bidding requirements.

To County Affairs.

HB 1736 (by S. Turner), Relating to a child suspected of conduct that violates the penal law who is taken into possession in an emergency without a court order by the Department of Protective and Regulatory Services.

To Juvenile Justice & Family Issues.

HB 1737 (by S. Turner), Relating to the liability of certain persons providing facilities or other property to the Communities in Schools program.

To Civil Practices.

HB 1738 (by Wilson), Relating to human rights instruction in public school classes.

To Public Education.

HB 1739 (by Greenberg), Relating to membership, service credit, benefits, and administration of the statewide retirement system for emergency services personnel; providing an administrative penalty.

To Pensions & Investments.

HB 1740 (by Salinas), Relating to time-management improvement in public schools.

To Public Education.

HB 1741 (by Craddick), Relating to the expulsion of students for assault of teachers or other school employees.

To Public Education.

HB 1742 (by R. Lewis), Relating to the dates by which regional and state water plans must be adopted.

To Natural Resources.

HB 1743 (by Shields), Relating to the registration and the transfer of motor vehicles owned by certain persons on active duty in the armed forces of the United States.

To Transportation.

HB 1744 (by Noriega), Relating to additional equipment requirements for school buses.

To Transportation.

HB 1745 (by Flores and Cuellar), Relating to the computation of an effective tax rate for school finance purposes.

To Public Education.

HB 1746 (by Flores), Relating to state contracting with historically underutilized businesses.

To State Affairs.

HB 1747 (by Sadler), Relating to public school finance and to school district ad valorem tax rates.

To Public Education.

HB 1748 (by Van de Putte and Uresti), Relating to the long-range plan for the Texas Center for Infectious Disease and the provision of tuberculosis and other health care and laboratory services.

To Public Health.

HB 1749 (by Van de Putte), Relating to the dissemination of information in the juvenile justice information system.

To Juvenile Justice & Family Issues.

HB 1750 (by Van de Putte), Relating to certain mental health services provided under a health benefit plan.

To Insurance.

HB 1751 (by Van de Putte), Relating to health insurance coverage for medical foods.

To Insurance.

HB 1752 (by Coleman), Relating to the compensation of certain private investigators and witnesses who are retained by appointed counsel.

To Judicial Affairs.

HB 1753 (by Hope), Relating to the use of proceeds from criminal asset forfeiture to benefit certain nonprofit organizations providing victim-related services or assistance.

To Criminal Jurisprudence.

HB 1754 (by Hill), Relating to summoning prospective jurors to justice court.

To Judicial Affairs.

HB 1755 (by R. Lewis), Relating to the requirements for the creation of a political subdivision to supply water or sewer services, roadways, or drainage facilities in the extraterritorial jurisdiction of a municipality.

To Land & Resource Management.

HB 1756 (by Puente), Relating to the adoption of a county charter by Bexar County.

To County Affairs.

HB 1757 (by S. Turner), Relating to procurement by local governments and state agencies of certain automated systems through certain nonprofit organizations.

To State Affairs.

HB 1758 (by Allen), Relating to the creation of a sex offender compliance unit in the Texas Department of Public Safety.

To Public Safety.

HB 1759 (by Hupp), Relating to licensing, certification, and verification requirements for certain child-care facilities.

To Human Services.

HB 1760 (by Hill), Relating to the investment of debt service funds by school districts, junior college districts, and community college districts.

To Public Education.

HB 1761 (by Hill), Relating to the treatment of certain contracts for purposes of determining the rollback tax rate of a taxing unit.

To Ways & Means.

HB 1762 (by Hill), Relating to the issuance and sale of bonds and time warrants by school districts and the issuance of obligations and execution of credit agreements by certain school districts and junior college districts.

To Public Education.

HB 1763 (by Garcia), Relating to the prosecution and punishment of certain domestic violence offenses.

To Criminal Jurisprudence.

HB 1764 (by Farabee), Relating to coverage for reconstructive breast surgery after mastectomy.

To Insurance.

HB 1765 (by Maxey), Relating to the use of alternate methods of voting to elect the members of the governing body of certain home-rule municipalities.

To Urban Affairs.

HB 1766 (by G. Lewis), Relating to the appraisal of certain property conveyed in trust to a county bail bond board.

To Criminal Jurisprudence.

HCR 105 (by Van de Putte), In memory of Dr. Saul Severino Trevino.

To Rules & Resolutions.

HR 273 (by B. Brown), Honoring Steve Robertson for his recognition as Kaufman's Citizen of the Year.

To Rules & Resolutions.

HR 274 (by B. Brown), Recognizing March 9 and 10, 1999, as Hunt County Days at the Capitol.

To Rules & Resolutions.

HR 275 (by B. Brown), Recognizing March 15, 1999, as Kaufman County Day at the Capitol.

To Rules & Resolutions.

HR 276 (by B. Brown), Honoring the Honorable Bill Thomas and Mitzi Thomas on being named Greenville's Worthy Citizens of the Year for 1998.

To Rules & Resolutions.

HR 284 (by B. Turner), Declaring March 1-7, 1999, Rural Health Care Week in Texas.

To Rules & Resolutions.

HR 285 (by Madden), Congratulating Judge John A. Roller, Jr. on his retirement as Collin County Justice of the Peace.

To Rules & Resolutions.

HR 286 (by Counts), Honoring Wayne Hagood of Sweetwater.

To Rules & Resolutions.

HR 287 (by Hope), In memory of Donna McVeigh.

To Rules & Resolutions.

HR 288 (by Delisi), Commemorating the 80th birthday of Dr. Wayne Baden.

To Rules & Resolutions.

HR 289 (by Delisi), Recognizing the Texas Public Health Association for its 76 years of service to the State of Texas.

To Rules & Resolutions.

HR 290 (by F. Brown), Honoring the Texas A&M University football team and Head Coach R. C. Slocum for winning their first Big 12 Conference championship.

To Rules & Resolutions.

SB 19 to Human Services.

SB 211 to Civil Practices.

SB 472 to Appropriations.

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

Thursday, February 25, 1999

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 30 Keffer SPONSOR: Sibley

Honoring Judge Don Cleveland on the occasion of his retirement.

HCR 76 West SPONSOR: Bivins

Recognizing the 65th anniversary of the Odessa Chamber of Commerce.

HCR 79 Telford SPONSOR: Ratliff

Recognizing February 24, 1999, as Cass County Day at the State Capitol.

HCR 92 West SPONSOR: Bivins

Designating February 23, 1999, as Midland/Odessa Legislative Day at the Capitol.

HCR 97 Swinford SPONSOR: Bivins

Designating February 23, 1999, as Panhandle Day at the Capitol.

HCR 98 Gallego SPONSOR: Madla

In memory of Sarah Elisabeth Worley of Denton.

HCR 103 Dunnam SPONSOR: Sibley

Recognizing the 150th anniversary of the city of Waco.

SB 382 Duncan

Relating to the requirements for state agency orders adopting rules and substantial compliance with rulemaking requirements.

SB 472 Ratliff

Relating to making emergency appropriations.

Respectfully,

Betty King

Secretary of the Senate

Message No. 2

MESSAGE FROM THE SENATE

SENATE CHAMBER

Austin, Texas

Thursday, February 25, 1999 - 2

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 60 Counts SPONSOR: Duncan

Encouraging state government and business leaders to support and attend the Texas Prayer Breakfast.

Respectfully,

Betty King

Secretary of the Senate

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APPENDIX

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STANDING COMMITTEE REPORTS

Favorable reports have been filed by committees as follows:

February 24

Energy Resources - HB 590, HCR 59

Juvenile Justice & Family Issues - HB 251, HB 869, HB 870, HB 1268, HB 1322, HB 1323

ENROLLED

February 24 - HCR 87

SENT TO THE GOVERNOR

February 24 - HCR 87