FIFTY-THIRD DAY - FRIDAY, APRIL 16, 1999

The house met at 12:30 p.m. and was called to order by the speaker pro tempore.

The roll of the house was called and a quorum was announced present (Record 94).

Present - Mr. Speaker; Alexander; Allen; Alvarado; Averitt; Berman; 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; 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; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Staples; Swinford; Telford; Thompson; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Absent, Excused - Bailey; Bonnen; Crownover; Deshotel; Pickett; Solomons; Talton; Tillery.

Absent - Oliveira.

LEAVES OF ABSENCE GRANTED

On motion of Representative Y. Davis and by unanimous consent, all members who were granted leaves of absence on the previous legislative day were granted leaves for this legislative day.

RULES SUSPENDED

Representative Y. Davis moved to suspend all necessary rules in order to take up and consider at this time, on third reading and final passage, the bills on the local, consent, and resolutions calendar which were considered on the previous legislative day.

The motion prevailed without objection.

MOTION FOR ONE RECORD VOTE

On motion of Representative Y. Davis and by unanimous consent, the house agreed to use the first record vote taken for all those bills on the local,

consent, and resolutions calendar that require a record vote on third reading and final passage, with the understanding that a member may record an individual vote on any bill with the journal clerk.

LOCAL, CONSENT, AND RESOLUTIONS CALENDAR

THIRD READING

The following bills which were considered on second reading on the previous legislative day on the local, consent, and resolutions calendar were laid before the house, read third time, and passed by a voice vote (members registering votes are shown following bill number):

SB 11

SB 189

SB 204

SB 211

SB 212

SB 234

SB 269

SB 356

SB 413

SB 414

SB 461

SB 813

SB 814

SB 815

SB 816

HB 110

HB 318

HB 362

HB 426

HB 496

HB 558

HB 625

HB 662

HB 919

HB 1024

HB 1074

HB 1124

HB 1207

HB 1322

HB 1588

HB 1592

HB 1654

HB 1661

HB 1677

HB 1764

HB 1961

HB 1975

HB 2108

HB 2109

SB 620

HB 2208

HB 2301

HB 2303

HB 2314

HB 2332

HB 2374

HB 2391

HB 2406

HB 2407

HB 2439

HB 2469

HB 2492

HB 2535

HB 2537

HB 2542

HB 2597

HB 2653

HB 2724

HB 2966

HB 3008

HB 3101

HB 3130

HB 3133

HB 3271

HB 3591

The following bills which were considered on second reading on the previous legislative day on the local, consent, and resolutions calendar were laid before the house, read third time, and passed by (Record 95): 136 Yeas, O Nays, 2 Present, not voting) (members registering votes and the results of the vote are shown following the bill number).

Yeas - Alexander; Allen; Alvarado; Averitt; Berman; 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; Dukes; Dunnam; Dutton; 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.; 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; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Staples; Swinford; Telford; Thompson; Truitt; Turner, B.; Turner, S.; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Present, not voting - Mr. Speaker; Uher(C).

Absent, Excused - Bailey; Bonnen; Crownover; Deshotel; Pickett; Solomons; Talton; Tillery.

Absent - Driver; Edwards; King, T.; Oliveira.

SB 18 (136-0-2)

SB 109 (136-0-2)

SB 112 (136-0-2)

SB 144 (136-0-2)

SB 276 (136-0-2)

SB 380 (136-0-2)

SB 392 (136-0-2)

SB 812 (136-0-2)

HB 81 (136-0-2)

HB 217 (136-0-2)

HB 243 (136-0-2)

HB 756 (136-0-2)

SB 404 (136-0-2)

HB 873 (136-0-2)

HB 1027 (136-0-2)

HB 1064 (136-0-2)

HB 1102 (136-0-2)

HB 1196 (136-0-2)

HB 1346 (136-0-2)

HB 1363 (136-0-2)

HB 1521 (136-0-2)

HB 1574 (136-0-2)

HB 1643 (136-0-2)

HB 1660 (136-0-2)

HB 1662 (136-0-2)

HB 1845 (136-0-2)

HB 1877 (136-0-2)

HB 1987 (136-0-2)

HB 2181 (136-0-2)

HB 2237 (136-0-2)

HB 2416 (136-0-2)

HB 2434 (136-0-2)

HB 2522 (136-0-2)

HB 2663 (136-0-2)

HB 2866 (F. Brown, Corte, Heflin, and Swinford - no) (132-4-2)

HB 2926 (136-0-2)

HB 2930 (136-0-2)

HB 2932 (136-0-2)

SB 141 (136-0-2)

HB 3122 (136-0-2)

HB 3232 (136-0-2)

HB 3256 (136-0-2)

HB 3319 (136-0-2)

HB 3330 (136-0-2)

HB 3412 (136-0-2)

HB 3476 (136-0-2)

HB 3554 (136-0-2)

HB 3790 (136-0-2)

(Speaker in the chair)

HR 640 - ADOPTED

(by B. Turner)

Representative B. Turner moved to suspend all necessary rules to take up and consider at this time HR 640.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 640, Commending Frank Price for his service to the Sheep and Goat Predator Management Board.

HR 640 was adopted without objection.

HR 641 - ADOPTED

(by B. Turner)

Representative B. Turner moved to suspend all necessary rules to take up and consider at this time HR 641.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 641, Commending Billy Roeder for his service to the Sheep and Goat Predator Management Board.

HR 641 was adopted without objection.

HR 643 - ADOPTED

(by B. Turner)

Representative B. Turner moved to suspend all necessary rules to take up and consider at this time HR 643.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 643, Commending W. Roy Jacoby for his service to the Sheep and Goat Predator Management Board.

HR 643 was adopted without objection.

HR 642 - ADOPTED

(by B. Turner)

Representative B. Turner moved to suspend all necessary rules to take up and consider at this time HR 642.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 642, In memory of Joseph "Joe" Chisum.

HR 642 was unanimously adopted by a rising vote.

HR 660 - ADOPTED

(by Flores)

Representative Flores moved to suspend all necessary rules to take up and consider at this time HR 660.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 660, Honoring Eagle Scout Trevor Hall.

HR 660 was adopted 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.)

HB 3830 - PERMISSION TO INTRODUCE

Representative McCall requested permission to introduce and have placed on first reading HB 3830.

A record vote was requested.

Permission to introduce was granted by (Record 96): 135 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Berman; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; George; Giddings; Glaze; Goodman; Goolsby; Gray; 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; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; Solis, J.; Solis, J. F.; Staples; Swinford; Telford; Thompson; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Bailey; Bonnen; Crownover; Deshotel; Pickett; Solomons; Talton; Tillery.

Absent - Corte; Garcia; Green; Oliveira; Smithee; Wilson.

HJR 95 - PERMISSION TO INTRODUCE

Representative Gray requested permission to introduce and have placed on first reading HJR 95.

A record vote was requested.

Permission to introduce was granted by (Record 97): 137 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Berman; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Counts; Crabb; Craddick; 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; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Staples; Swinford; Telford; Thompson; Truitt; Turner, B.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Bailey; Bonnen; Crownover; Deshotel; Pickett; Solomons; Talton; Tillery.

Absent - Corte; Oliveira; Turner, S.; Wilson.

GENERAL STATE CALENDAR

SENATE BILLS

THIRD READING

The following bills were laid before the house and read third time:

SB 166 ON THIRD READING

(Haggerty - House Sponsor)

SB 166, A bill to be entitled An Act relating to the meaning of a tenant turnover date in connection with requirements for security devices for residential rental property.

SB 166 was passed.

GENERAL STATE CALENDAR

HOUSE BILLS

THIRD READING

The following bills were laid before the house and read third time:

HB 1492 ON THIRD READING

(by Alexander)

HB 1492, A bill to be entitled An Act relating to the classification of a motor-driven cycle or moped and to a driver's license issued for the operation of certain motorcycles.

HB 1492 was passed.

HB 1778 ON THIRD READING

(by Giddings)

HB 1778, A bill to be entitled An Act relating to the medical review of health care provided under the workers' compensation insurance system.

HB 1778 was passed.

HB 1810 ON THIRD READING

(by Averitt)

HB 1810, A bill to be entitled An Act relating to the deposit and investment of funds by the comptroller of public accounts.

HB 1810 was passed.

HB 1869 ON THIRD READING

(by Pitts)

HB 1869, A bill to be entitled An Act relating to the annexation of territory to a public junior college district.

HB 1869 was passed.

HB 2059 ON THIRD READING

(by Uher)

HB 2059, A bill to be entitled An Act relating to the determination of the amount of child support for a child of certain disabled obligors.

HB 2059 was passed.

HB 2593 ON THIRD READING

(by Haggerty)

HB 2593, A bill to be entitled An Act relating to the prosecution of certain offenses related to taking an alcoholic beverage into a correctional facility.

HB 2593 was passed.

HB 1168 ON THIRD READING

(by Thompson)

HB 1168, A bill to be entitled An Act relating to security services in certain court buildings.

HB 1168 was passed. (Keel and E. Reyna recorded voting no)

HB 2110 ON THIRD READING

(by Bonnen, et al.)

HB 2110, A bill to be entitled An Act relating to the provision of insurance coverage for county officers and employees.

HB 2110 was passed.

HB 2511 ON THIRD READING

(by Giddings)

HB 2511, A bill to be entitled An Act relating to the reporting and transmission of certain information in connection with workers' compensation coverage.

HB 2511 was passed.

HB 1622 ON THIRD READING

(by Goodman, Naishtat, A. Reyna, and Zbranek)

HB 1622, A bill to be entitled An Act relating to the clarification of certain procedures in the Family Code.

Amendment No. 1

On behalf of Representative Thompson, Representative Goodman offered the following amendment to HB 1622:

Amend HB 1622, second reading engrossment printing, as follows:

(1) On page 5, strike lines 16 through 27 and substitute the following:

(1) each of the biological parents of the grandchild has:

(A) died;

(B) had the person's parental rights terminated; or

(C) [the grandparent is a parent of a person whose parental rights with the child have been terminated by court order or by death; or

(2) the grandparent is a parent of a person who has ] executed an affidavit of waiver of interest in child or an affidavit of relinquishment of parental rights under Chapter 161 and the affidavit designates an authorized agency, licensed child-placing agency, or person other than the child's stepparent as the managing conservator of the child; and

(2) [(3) the other biological parent has died, has executed an affidavit of waiver of interest in child or an affidavit of relinquishment of parental rights under Chapter 161, or has had that parent's parental rights terminated and ] the grandchild has been adopted, or is the subject of a pending suit for adoption, by a person other than the child's stepparent.

(2) On page 6, strike lines 1 through 3.

Amendment No. 1 was adopted without objection.

HB 1622, as amended, was passed.

HB 1985 ON THIRD READING

(by R. Lewis)

HB 1985, A bill to be entitled An Act relating to recovery of certain relocation costs by a gas utility.

HB 1985 was passed.

RULES SUSPENDED

Representative Van de Putte moved to suspend the 5-day posting rule to allow the Committee on Economic Development to consider HB 3431.

The motion prevailed without objection.

COMMITTEE MEETING ANNOUNCEMENTS

The following committee meetings were announced:

Environmental Regulation, on final adjournment today, Desk 98, for a formal meeting, to consider pending business.

Judicial Affairs, on final adjournment today, Desk 67, for a formal meeting, to consider pending bills.

Business and Industry, on final adjournment today, Desk 3, for a formal meeting.

ADJOURNMENT

Representative Uher moved that the house adjourn until 10 a.m. Monday, April 19.

The motion prevailed without objection.

The house accordingly, at 1:04 p.m., adjourned until 10 a.m. Monday, April 19.

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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

HCR 232 (by Uresti), Honoring the prisoners of war currently being held in Yugoslavia.

To Rules & Resolutions.

HJR 94 (by Janek), Proposing a constitutional amendment to authorize certain populous counties to exempt from ad valorem taxation all or part of certain personal property located in those counties.

To Ways & Means.

HR 647 (by Bosse), Welcoming the TX 963 Air Force Junior Reserve Officer Training Corps unit from C. E. King High School to the State Capitol on April 23, 1999.

To Rules & Resolutions.

HR 648 (by McClendon), In memory of Clifton O. Floyd of San Antonio.

To Rules & Resolutions.

HR 649 (by McClendon), Honoring San Antonio residents Oscar Vicks, Willie Mitchell, and the Reverend Ron Lister for the heroism they displayed during the October 1998 flood.

To Rules & Resolutions.

HR 650 (by Uher), Commemorating the 160th anniversary of Matagorda United Methodist Church.

To Rules & Resolutions.

HR 651 (by McReynolds), Honoring Woodrow W. "Woody" Allen.

To Rules & Resolutions.

HR 653 (by Olivo), Honoring the George Family Development Center.

To Rules & Resolutions.

HR 654 (by Van de Putte and Hunter), Honoring Vikki Carr.

To Rules & Resolutions.

HR 655 (by Williams, Counts), Honoring Larry McMurtry.

To Rules & Resolutions.

SB 332 to Higher Education.

SB 348 to Civil Practices.

SB 545 to Business & Industry.

SB 549 to State Affairs.

SB 553 to Urban Affairs.

SB 569 to Insurance.

SB 1026 to Public Education.

SB 1152 to State Affairs.

SB 1169 to Public Safety.

SB 1193 to County Affairs.

SB 1508 to Ways & Means.

SB 1576 to Corrections.

SB 1577 to Corrections.

SB 1610 to Insurance.

SB 1667 to Land & Resource Management.

SB 1775 to Licensing & Administrative Procedures.

SCR 17 to Rules & Resolutions.

SJR 2 to County Affairs.

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APPENDIX

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STANDING COMMITTEE REPORTS

Favorable reports have been filed by committees as follows:

April 15

Criminal Jurisprudence - HB 245, HB 540, HB 577, HB 656, HB 855, HB 1321, SB 116

Financial Institutions - HB 814, HB 2066, HB 2235, HB 3240

Judicial Affairs - HB 524, HB 572, HB 928, HB 1833, HB 2758, HB 3031, HB 3207, HB 3779, HJR 54, SCR 21

Juvenile Justice & Family Issues - HB 1884, HB 2441, HB 2442, HB 2594, HB 2671, HB 3093, HB 3423

Land & Resource Management - HB 3234

Natural Resources - HB 847, HB 3481, HB 3620

Public Education - HB 1642, HB 1733, HB 2021

State Recreational Resources - HB 1947, SB 133

Ways & Means - HB 3034, HB 3541, HB 3600

ENGROSSED

April 15 - HB 341, HB 512, HB 597, HB 681, HB 744, HB 806, HB 819, HB 844, HB 1138, HB 1376, HB 1411, HB 1572, HB 1779, HB 1879, HB 2025, HB 2719

ENROLLED

April 15 - HCR 38

SENT TO THE GOVERNOR

April 15 - HCR 207, HCR 230