Tuesday, May 4, 1999 HOUSE JOURNAL - 64th Day (Cont'd.)

HOUSE JOURNAL

seventy-SIXTH legislature, REGULAR session

PROCEEDINGS

SIXTY-FOURTH DAY (CONTINUED) - TUESDAY, MAY 4, 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 205).

Present - Mr. Speaker; Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; 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; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; 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 - Crownover.

The invocation was offered by Jim Morris, former senate door keeper, Austin, as follows:

Our Heavenly Father, giver of all that we possess, we ask this morning that you grace us with your presence. As this day's session begins we pray it will be a day that when ended we will have lived and acted in a manner that gives satisfaction with ourselves.

Make this a day that will engage the energies and skills of each member to sort out the issues yet on the agenda and distinguish that which is wished for and that which is needed and required.

As the final days of this session approach we offer our gratitude for the steady leadership and for each member who these past months have shown the courage and the will to challenge, the knowledge to make change, and the wisdom and strength to lead. By their dedication may government in Texas be administered evenly and justly.

In your name we pray. Amen.

76th LEGISLATURE - REGULAR SESSION

LEAVE OF ABSENCE GRANTED

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

Crownover on motion of Hardcastle.

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).

BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER

Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, House List No. 41).

CAPITOL PHYSICIAN

The speaker presented Dr. Lisa L. Ehrlich of Houston as the "Doctor for the Day."

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

HR 823 - ADOPTED

(by Berman)

Representative Berman moved to suspend all necessary rules to take up and consider at this time HR 823.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 823, Recognizing May 4, 1999, as Texas Environmental Excellence Awards Day at the State Capitol and commending this year's recipients.

HR 823 was read and was adopted without objection.

SCR 69 - ADOPTED

(Brimer - House Sponsor)

Representative Brimer moved to suspend all necessary rules to take up and consider at this time SCR 69.

The motion prevailed without objection.

The following resolution was laid before the house:

SCR 69, Acknowledging the contribution of the 586 officers memorialized on the Texas Peace Officers' Memorial.

SCR 69 was adopted without objection.

HCR 257 - ADOPTED

(by Telford)

Representative Telford moved to suspend all necessary rules to take up and consider at this time HCR 257.

Tuesday, May 4, 1999 HOUSE JOURNAL - 64th Day (Cont'd.)

The motion prevailed without objection.

The following resolution was laid before the house:

HCR 257, Recognizing May 4, 1999, as Texarkana Day at the State Capitol.

(Brimer in the chair)

HCR 257 was read and was adopted without objection.

INTRODUCTION OF GUESTS

The chair recognized Representative Hunter, who introduced a distinguished group of Texas writers.

Representative Hunter read a proclamation by the governor declaring May "Texas Writers' Month" and presented Speaker Laney with an autographed commemorative poster.

HR 775 - ADOPTED

(by Kuempel, et al.)

Representative Kuempel moved to suspend all necessary rules to take up and consider at this time HR 775.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 775, Recognizing May as Tick-Borne Illness Awareness Month in the State of Texas.

HR 775 was read and was adopted without objection.

LEAVE OF ABSENCE GRANTED

The following member was granted leave of absence for the remainder of today and the remainder of the week because of illness:

P. Moreno on motion of Rangel.

HR 769 - ADOPTED

(by Morrison)

Representative Morrison moved to suspend all necessary rules to take up and consider at this time HR 769.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 769, Recognizing April 1999 as Wildflower Month in DeWitt County and DeWitt County as the Wildflower Capital of Texas.

HR 769 was read and was adopted without objection.

INTRODUCTION OF GUEST

The chair recognized Representative Morrison, who introduced Tiffany Ley.

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HR 784 - ADOPTED

(by Naishtat)

Representative Naishtat moved to suspend all necessary rules to take up and consider at this time HR 784.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 784, Recognizing May 1999 as Texas Community Action Month.

HR 784 was adopted without objection.

(Speaker pro tempore in the chair)

LOCAL, CONSENT, AND RESOLUTIONS CALENDAR

SECOND READING

The following bills were laid before the house, read second time, and passed to third reading, and the following resolutions were laid before the house on committee report and adopted (members registering votes are shown following the caption):

CSHB 323 (by F. Brown, et al.), A bill to be entitled An Act relating to the jurisdiction of municipal courts.

CSHB 494 (by Maxey and Alvarado), A bill to be entitled An Act relating to drug benefits available under certain health care programs administered by the Texas Department of Health.

HB 524 (by McReynolds), A bill to be entitled An Act relating to the application of the professional prosecutors law to the district attorney of the 1st Judicial District.

HB 550 (by Goolsby), A bill to be entitled An Act relating to the eligibility of certain persons to enter into a lottery contract or to purchase a lottery ticket or receive a lottery prize.

CSHB 707 (by Tillery), A bill to be entitled An Act relating to dismissal of an inspection certificate violation.

CSHB 770 (by Y. Davis), A bill to be entitled An Act relating to a municipality's request of assistance from a constable. (Allen and Hope recorded voting no)

CSHB 772 (by Y. Davis), A bill to be entitled An Act relating to fees charged by an independent school district for voluntary educational programs.

HB 779 (by Thompson), A bill to be entitled An Act relating to discharging certain misdemeanor fines and costs by performing community service.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Keel, Representative Thompson offered the following committee amendment to HB 779:

Tuesday, May 4, 1999 HOUSE JOURNAL - 64th Day (Cont'd.)

Amend HB 779 by a new Section 1 to read as follows and renumber the subsequent sections appropriately:

SECTION 1. Article 43.09(k), Code of Criminal Procedure, is amended to read as follows:

(k) A defendant is considered to have discharged $100 [$50 ] of fines or costs for each eight hours of community service performed under Subsection (f) of this article.

Amendment No. 1 was adopted without objection.

HB 780 (by Thompson), A bill to be entitled An Act relating to designation of a municipal court judge as a member of a county bail bond board.

CSHB 811 (by J. Jones), A bill to be entitled An Act relating to the services included in home health care services.

HB 865 (by Puente), A bill to be entitled An Act relating to the change of a driver's license or personal identification certificate number of a victim of domestic violence.

HB 998 (by Farrar), A bill to be entitled An Act relating to the prosecution of the offense of burglary.

HB 1032 was withdrawn.

CSHB 1097 (by Coleman), A bill to be entitled An Act relating to application requirements for participation in the Texas Health Insurance Risk Pool.

HB 1100 (by Tillery), A bill to be entitled An Act relating to contracts for enforcement of certain arrest warrants.

HB 1155 was withdrawn.

HB 1167 (by Thompson), A bill to be entitled An Act relating to an employee of a personal bond office administering oaths to or taking an acknowledgment or proof of a written instrument from personal bond applicants.

HB 1227 (by J. Jones), A bill to be entitled An Act relating to special license plates to support reading programs of public libraries.

HB 1248 was withdrawn.

SB 343 (Coleman, et al. - House Sponsors), in lieu of HB 1407, A bill to be entitled An Act relating to the creation of the self-sufficiency fund to develop job training for certain recipients of Temporary Assistance for Needy Families.

Representative McClendon moved to lay HB 1407 on the table subject to call.

The motion prevailed without objection.

CSHB 1436 (by Salinas), A bill to be entitled An Act relating to designating Farm-to-Market Road 1931 in Alice as Flournoy Road.

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CSHB 1471 (by Hilbert, et al.), A bill to be entitled An Act relating to requiring a small business impact statement for bills and resolutions.

CSHB 1571 (by Grusendorf), A bill to be entitled An Act relating to the name of a decedent on a grave marker.

CSHB 1573 (by Bailey), A bill to be entitled An Act relating to the provision of water and sewer service in the unincorporated area of a populous county; authorizing the issuance of county bonds.

HB 1616 (by Uher), A bill to be entitled An Act relating to the issuance of volunteer firefighter license plates.

SB 334 (J. Solis - House Sponsor), in lieu of HB 1640, A bill to be entitled An Act relating to unemployment compensation benefit eligibility of certain inmates.

Representative J. Solis moved to lay HB 1640 on the table subject to call.

The motion prevailed without objection.

CSHB 1663 (by Naishtat), A bill to be entitled An Act relating to the creation, modification, or closing of a guardianship of an incapacitated person.

HB 1757 (by S. Turner), A bill to be entitled An Act relating to procurement by local governments and state agencies of certain automated systems through certain nonprofit organizations.

HB 1851 (by Thompson), A bill to be entitled An Act relating to guardianships and management trusts for incapacitated persons.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Hartnett, Representative Thompson offered the following committee amendment to HB 1851:

Amend HB 1851 by striking Sections 5, 6, 7, 11, and 12 of the bill and by renumbering the remaining sections of the bill accordingly.

Amendment No. 1 was adopted without objection.

CSHB 1874 (by Hinojosa), A bill to be entitled An Act relating to the operation and administration of The University of Texas-Pan American.

HB 1896 (by Keel and Naishtat), A bill to be entitled An Act relating to the compensation of criminal law magistrates in Travis County.

HB 1912 (by Cuellar), A bill to be entitled An Act relating to unfunded state mandates on political subdivisions.

HB 1921 (by Chisum), A bill to be entitled An Act relating to the appointment of a bailiff for certain counties in the 84th Judicial District.

CSHB 1932 (by Maxey), A bill to be entitled An Act relating to the student union and student union fee at The University of Texas at Austin.

Tuesday, May 4, 1999 HOUSE JOURNAL - 64th Day (Cont'd.)

HB 1956 (by Danburg), A bill to be entitled An Act relating to the amendment or termination of restrictive covenants affecting real property in certain historic neighborhoods.

CSHB 2031 (by Kuempel), A bill to be entitled An Act relating to the process of notifying drivers of license suspension by mail.

HB 2037 (by Gray), A bill to be entitled An Act relating to late fees for the renewal of the licenses of home and community support services agencies.

CSHB 2049 (by Thompson), A bill to be entitled An Act relating to the right of a person entitled to coverage under certain health and accident insurance policies to select certain health care practitioners.

HB 2146 (by Allen), A bill to be entitled An Act relating to the application of the sales tax to certain items sold through coin-operated vending machines.

HB 2149 (by Bosse), A bill to be entitled An Act relating to the award of state highway improvement contracts.

CSHB 2175 (by Uher), A bill to be entitled An Act relating to the regulation of the practice of chiropractic.

SB 1236 (Uresti - House Sponsor), in lieu of HB 2179, A bill to be entitled An Act relating to regulation of a product that is a combination of a drug and a device.

Representative Uresti moved to lay HB 2179 on the table subject to call.

The motion prevailed without objection.

HB 2187 (by Hinojosa), A bill to be entitled An Act relating to required counseling for a person placed on community supervision following conviction of an offense involving family violence.

CSHB 2207 (by Olivo), A bill to be entitled An Act relating to parking of a commercial motor vehicle in a residential subdivision.

CSHB 2224 (by Solomons), A bill to be entitled An Act relating to requiring disclosure notices for the sale of real property governed by a property owners' association and requiring the filing of dedicatory instruments governing property owners' associations.

CSHB 2246 (by Homer), A bill to be entitled An Act relating to the responsibilities of the district attorney for the 8th Judicial District and the county attorney of Rains County. (Chisum recorded voting no)

CSHB 2260 (by Noriega), A bill to be entitled An Act relating to contracts for the replacement or repair of public school equipment or public school facilities.

HB 2275 (by Keel), A bill to be entitled An Act relating to the board of directors, boundaries, and financing of the Southwest Travis County Water District.

HB 2382 (by Coleman), A bill to be entitled An Act relating to the evaluation and approval of continuing education for physical therapists.

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HB 2388 was withdrawn.

CSHB 2409 (by T. King and Pickett), A bill to be entitled An Act relating to the issuance of a certificate of title for and the transfer of a motor vehicle that is not registered in this state.

HB 2452 was withdrawn.

SB 1114 (Yarbrough - House Sponsor), in lieu of HB 2457, A bill to be entitled An Act relating to certain promotional activities for certain alcoholic beverage permit holders and licensees.

Representative Yarbrough moved to lay HB 2457 on the table subject to call.

The motion prevailed without objection.

HB 2476 (by Wise), A bill to be entitled An Act relating to special Children's Trust Fund of Texas Council license plates.

HB 2536 (by Y. Davis), A bill to be entitled An Act relating to the salary of the county judge of Dallas County.

CSHB 2553 (by Hochberg), A bill to be entitled An Act relating to performance reviews of school districts by the comptroller.

HB 2561 (by Gray, Hawley, Luna, Zbranek, J. Davis, et al.), A bill to be entitled An Act relating to the implementation and financing of approved management plans for designated estuaries of national significance in the state.

Representative Gray moved to postpone consideration of HB 2561 until 10 a.m. Tuesday, May 11.

The motion prevailed without objection.

HB 2636 (by Gray), A bill to be entitled An Act relating to the assessment of certain fees on persons who perform radiologic procedures.

CSHB 2660 (by Swinford, et al.), A bill to be entitled An Act relating to state drought planning and preparation.

CSHB 2667 (by Capelo), A bill to be entitled An Act relating to the regulation of industrial hygienists; providing a civil penalty.

CSHB 2685 (by Coleman), A bill to be entitled An Act relating to the execution of credit agreements and issuance of anticipation notes by certain school districts.

SB 1684 (Hope, et al. - House Sponsors), in lieu of HB 2693, A bill to be entitled An Act relating to the operation of the East Montgomery County Improvement District.

Representative Hope moved to lay HB 2693 on the table subject to call.

The motion prevailed without objection.

CSHB 2717 (by Brimer), A bill to be entitled An Act relating to contracts involving the construction or repair of improvements to private or public real property.

Tuesday, May 4, 1999 HOUSE JOURNAL - 64th Day (Cont'd.)

CSHB 2725 (by Pickett and Hinojosa), A bill to be entitled An Act relating to the collection of costs in criminal cases.

Amendment No. 1

On behalf of Representative Gutierrez, Representative Pickett offered the following amendment to CSHB 2725:

Amend CSHB 2725 on page 1, line 18, by striking "collection" and substituting "addition".

Amendment No. 1 was adopted without objection.

HB 2735 (by Dukes), A bill to be entitled An Act relating to the authority of the General Services Commission to grant certain interests in certain real property owned by the state.

CSHB 2758 (by B. Turner), A bill to be entitled An Act relating to the application of the professional prosecutors law to the district attorney for the 33rd Judicial District.

HB 2760 (by J. Moreno), A bill to be entitled An Act relating to special license plates for certain persons retired from service in the merchant marine of the United States.

HB 2764 (by Solomons), A bill to be entitled An Act relating to the authority of a county to regulate automotive wrecking and salvage yards.

Amendment No. 1

Representative Solomons offered the following amendment to HB 2764:

Amend HB 2764 on page 1, line 8, by striking "business" and substituting "business other than a business classified as a salvage pool operator under Article 6687-1a, Revised Statutes,".

Amendment No. 1 was adopted without objection.

HB 2785 (by Dunnam), A bill to be entitled An Act relating to the effective date of a change in a boundary of certain political subdivisions for purposes of an election.

HB 2824 (by Gray), A bill to be entitled An Act relating to the subpoena authority of certain licensing agencies.

Amendment No. 1 (Committee Amendment No. 1)

Representative Gray offered the following committee amendment to HB 2824:

Amend HB 2824 as follows:

In SECTION 1, amend Section 50.0225, Human Resources Code, by adding Subsections (h) and (i) to read as follows:

(h) All information and materials subpoenaed or compiled by the board in connection with a complaint and investigation are confidential and not subject to disclosure under Section 552.001 et seq., Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the board or its employees

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or agents involved in discipline of the holder of a license or order of recognition except that this information may be disclosed to:

(1) persons involved with the board in a disciplinary action against the holder of a license or order of recognition;

(2) professional social work licensing or disciplinary boards in other jurisdictions;

(3) peer assistance programs approved by the board under Chapter 467, Health and Safety Code;

(4) law enforcement agencies; and

(5) persons engaged in bona fide research, if all individual-identifying information has been deleted.

(i) The filing of formal charges against a holder of a license or order of recognition, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions, including warnings and reprimands, by the board are not confidential and are subject to disclosure in accordance with Section 552.001 et seq., Government Code.

In SECTION 2, amend Sec. 8C, Article 4413(51), Vernon's Texas Civil Statutes, by adding Subsections (h) and (i) to read as follows:

(h) All information and materials subpoenaed or compiled by the council in connection with a complaint and investigation are confidential and not subject to disclosure under Section 552.001 et seq., Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the council or its employees or agents involved in the complaint and investigation, except that this information may be disclosed to:

(1) persons involved with the council in a complaint and investigation;

(2) professional sex offender treatment provider licensing or disciplinary boards in other jurisdictions;

(3) peer assistance programs approved by the board under Chapter 467, Health and Safety Code;

(4) law enforcement agencies; and

(5) persons engaged in bona fide research, if all individual-identifying information has been deleted.

(i) The filing of formal charges against a person under this chapter by the council, the nature of those charges, disciplinary proceedings of the council, and final disciplinary actions, including warnings and reprimands, by the council are not confidential and are subject to disclosure in accordance with Section 552.001 et seq., Government Code.

In SECTION 3, amend Section 11B, Article 4512c-1, Vernon's Texas Civil Statutes by adding Subsections (h) and (i) to read as follows:

(h) All information and materials subpoenaed or compiled by the board in connection with a complaint and investigation are confidential and not subject to disclosure under Section 552.001 et seq., Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the board or its employees or agents involved in discipline of the holder of a license except that this information may be disclosed to:

Tuesday, May 4, 1999 HOUSE JOURNAL - 64th Day (Cont'd.)

(1) persons involved with the board in a disciplinary action against the holder of a license;

(2) marriage and family therapist licensing or disciplinary boards in other jurisdictions;

(3) peer assistance programs approved by the board under Chapter 467, Health and Safety Code;

(4) law enforcement agencies; and

(5) persons engaged in bona fide research, if all individual-identifying information has been deleted.

(i) The filing of formal charges by the board against a holder of a license, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions, including warnings and reprimands, by the board are not confidential and are subject to disclosure in accordance with Section 552.001 et seq., Government Code.

In SECTION 4, amend Section 5B, Article 4512d, Vernon's Texas Civil Statutes by adding Subsections (h) and (i) to read as follows:

(h) All information and materials subpoenaed or compiled by the board in connection with a complaint and investigation are confidential and not subject to disclosure under Section 552.001 et seq., Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the board or its employees or agents involved in discipline of the holder of a license except that this information may be disclosed to:

(1) persons involved with the board in a disciplinary action against the holder of a license;

(2) athletic trainer licensing or disciplinary boards in other jurisdictions;

(3) peer assistance programs approved by the board under Chapter 467, Health and Safety Code;

(4) law enforcement agencies; and

(5) persons engaged in bona fide research, if all individual-identifying information has been deleted.

(i) The filing of formal charges by the board against a holder of a license, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions, including warnings and reprimands, by the board are not confidential and are subject to disclosure in accordance with Section 552.001 et seq., Government Code.

In SECTION 5, amend Section 16D, Article 4512g, Vernon's Texas Civil Statutes by adding Subsections (h) and (i) to read as follows:

(h) All information and materials subpoenaed or compiled by the board in connection with a complaint and investigation are confidential and not subject to disclosure under Section 552.001 et seq., Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the board or its employees or agents involved in discipline of the holder of a license except that this information may be disclosed to:

(1) persons involved with the board in a disciplinary action against the holder of a license;

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(2) professional counselor licensing or disciplinary boards in other jurisdictions;

(3) peer assistance programs approved by the board under Chapter 467, Health and Safety Code;

(4) law enforcement agencies; and

(5) persons engaged in bona fide research, if all individual-identifying information has been deleted.

(i) The filing of formal charges by the board against a holder of a license, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions, including warnings and reprimands, by the board are not confidential and are subject to disclosure in accordance with Section 552.001 et seq., Government Code.

In SECTION 6, amend Sec. 16C, Article 4512h, Vernon's Texas Civil Statutes by adding Subsections (h) and (i) to read as follows:

(h) All information and materials subpoenaed or compiled by the board in connection with a complaint and investigation are confidential and not subject to disclosure under Section 552.001 et seq., Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the board or its employees or agents involved in discipline of the holder of a license except that this information may be disclosed to:

(1) persons involved with the board in a disciplinary action against the holder of a license;

(2) professional dietitian licensing or disciplinary boards in other jurisdictions;

(3) peer assistance programs approved by the board under Chapter 467, Health and Safety Code;

(4) law enforcement agencies; and

(5) persons engaged in bona fide research, if all individual-identifying information has been deleted.

(i) The filing of formal charges by the board against a holder of a license, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions, including warnings and reprimands, by the board are not confidential and are subject to disclosure in accordance with Section 552.001 et seq., Government Code.

In SECTION 8, amend Section 24A, Article 4512j, Vernon's Texas Civil Statutes, by adding Subsections (h) and (i) to read as follows:

(h) All information and materials subpoenaed or compiled by the board in connection with a complaint and investigation are confidential and not subject to disclosure under Section 552.001 et seq., Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the board or its employees or agents involved in discipline of the holder of a license except that this information may be disclosed to:

(1) persons involved with the board in a disciplinary action against the holder of a license;

(2) professional speech language pathologist and audiologist licensing or disciplinary boards in other jurisdictions;

Tuesday, May 4, 1999 HOUSE JOURNAL - 64th Day (Cont'd.)

(3) peer assistance programs approved by the board under Chapter 467, Health and Safety Code;

(4) law enforcement agencies; and

(5) persons engaged in bona fide research, if all individual-identifying information has been deleted.

(i) The filing of formal charges by the board against a holder of a license, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions, including warnings and reprimands, by the board are not confidential and are subject to disclosure in accordance with Section 552.001 et seq., Government Code.

In SECTION 9, amend Section 11B, Article 4512n, Vernon's Texas Civil Statutes, by adding Subsections (h) and (i) to read as follows:

(h) All information and materials subpoenaed or compiled by the board in connection with a complaint and investigation are confidential and not subject to disclosure under Section 552.001 et seq., Government Code, and not subject to disclosure, discovery, subpoena or other means of legal compulsion for their release to anyone other than the board or its agents or employees who are involved in discipline of the holder of a license except that this information may be disclosed to:

(1) persons involved with the board in a disciplinary action against the holder of a license;

(2) professional medical physics licensing or disciplinary boards in other jurisdictions;

(3) peer assistance programs approved by the board under Chapter 467, Health and Safety Code;

(4) law enforcement agencies; and

(5) persons engaged in bona fide research, if all individual-identifying information has been deleted.

(i) The filing of formal charges by the board against a holder of a license, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions, including warnings and reprimands, by the board are not confidential and are subject to disclosure in accordance with Section 552.001 et seq., Government Code.

In SECTION 10, amend Section 19A, Article 4529e, Revised Statutes, by adding Subsections (h) and (i) to read as follows:

(h) All information and materials subpoenaed or compiled by the board in connection with a complaint and investigation are confidential and not subject to disclosure under Section 552.001 et seq., Government Code, and not subject to disclosure, discovery, subpoena or other means of legal compulsion for their release to anyone other than the board or its agents or employees involved in discipline of the holder of a license except that this information may be disclosed to:

(1) persons involved with the board in a disciplinary action against the holder of a license;

(2) professional perfusionist licensing or disciplinary boards in other jurisdictions;

(3) peer assistance programs approved by the board under Chapter 467, Health and Safety Code;

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(4) law enforcement agencies; and

(5) persons engaged in bona fide research, if all individual-identifying information has been deleted.

(i) The filing of formal charges by the board against a holder of a license, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions, including warnings and reprimands, by the board are not confidential and are subject to disclosure in accordance with Section 552.001 et seq., Government Code.

In SECTION 12, amend Section 1.12C, Article 4566-1.01 et seq., Vernon's Texas Civil Statutes, by adding Subsections (h) and (i) to read as follows:

(h) All information and materials subpoenaed or compiled by the committee in connection with a complaint and investigation are confidential and not subject to disclosure under Section 552.001 et seq., Government Code, and not subject to disclosure, discovery, subpoena or other means of legal compulsion for their release to anyone other than the committee or its agents or employees who are involved in discipline of the holder of a license except that this information may be disclosed to:

(1) persons involved with the committee in a disciplinary action against the holder of a license;

(2) professional licensing or disciplinary boards for the fitting and dispensing of hearing instruments in other jurisdictions;

(3) peer assistance programs approved by the board under Chapter 467, Health and Safety Code;

(4) law enforcement agencies; and

(5) persons engaged in bona fide research, if all individual-identifying information has been deleted.

(i) The filing of formal charges by the committee against a holder of a license, the nature of those charges, disciplinary proceedings of the committee, and final disciplinary actions, including warnings and reprimands, by the committee are not confidential and are subject to disclosure in accordance with Section 552.001 et seq., Government Code.

In SECTION 14. amend Section 6A, Article 8920, Revised Statutes, by adding Subsections (h) and (i) to read as follows:

(h) All information and materials subpoenaed or compiled by the board in connection with a complaint and investigation are confidential and not subject to disclosure under Section 552.001 et seq., Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the board or its employees or agents involved in discipline of the holder of a license except that this information may be disclosed to:

(1) persons involved with the board in a disciplinary action against the holder of a license;

(2) professional orthotist or prosthetist disciplinary boards in other jurisdictions;

(3) peer assistance programs approved by the board under Chapter 467, Health and Safety Code;

(4) law enforcement agencies; and

Tuesday, May 4, 1999 HOUSE JOURNAL - 64th Day (Cont'd.)

(5) persons engaged in bona fide research, if all individual-identifying information has been deleted.

(i) The filing of formal charges by the board against a holder of a license, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions, including warnings and reprimands, by the board are not confidential and are subject to disclosure in accordance with Section 552.001 et seq., Government Code.

Add a new SECTION 15 to read as follows, and renumber existing SECTIONS 15 and 16 as SECTIONS 16 and 17:

SECTION 15. The Texas Hospital Licensing Law, Chapter 241, Health and Safety Code, is amended by amending Section 241.051 to read as follows:

Section 241.051. INSPECTIONS. (a) The department may make an inspection, survey, or investigation that it considers necessary. A representative of the department may enter the premises of a hospital at any reasonable time to make an inspection, a survey, or an investigation to assure compliance with or prevent a violation of this chapter, the rules adopted under this chapter, an order or special order of the commissioner of health, a special license provision, a court order granting injunctive relief, or other enforcement procedures. The department shall maintain the confidentiality of hospital records as applicable under state or federal law.

(b) The department or a representative of the department is entitled to access to all books, records, or other documents maintained by or on behalf of the hospital to the extent necessary to enforce this chapter, the rules adopted under this chapter, an order or special order of the commissioner of health, a special license provision, a court order granting injunctive relief, or other enforcement procedures.

(c) By applying for or holding a hospital license, the hospital consents to entry and inspection of the hospital by the department or a representative of the department in accordance with this chapter and the rules adopted under this chapter.

(d) All information and materials obtained by the department in connection with a complaint and investigation concerning a hospital are confidential and not subject to disclosure under Section 552.001 et seq., Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the department or its employees or agents involved in the disciplinary action except that this information may be disclosed to:

(1) persons involved with the department in the disciplinary action against the hospital;

(2) appropriate state or federal agencies that are authorized to inspect, survey, or investigate hospitals;

(3) law enforcement agencies; and

(4) persons engaged in bona fide research, if all individual-identifying and hospital-identifying information has been deleted.

(e) Final actions involving a civil or administrative penalty, or injunctive relief, against a hospital are not confidential and are subject to disclosure in accordance with Section 552.001 et seq., Government Code.

Amendment No. 1 was adopted without objection.

76th LEGISLATURE - REGULAR SESSION

CSHB 2842 (by Brimer), A bill to be entitled An Act relating to continued payment of salary by an employer as replacement for certain workers' compensation income benefits.

HB 2862 (by Uher), A bill to be entitled An Act relating to the appointment of election judges for county elections.

CSHB 2877 (by Maxey), A bill to be entitled An Act relating to the lease of certain facilities and the retirement options and health coverage of certain employees in connection with implementation of integrated enrollment services for health and human services programs.

CSHB 2898 (by Coleman), A bill to be entitled An Act relating to the execution of credit agreements and issuance of obligations by certain political subdivisions.

CSHB 2914 (by Pitts), A bill to be entitled An Act relating to notice of the drug testing policy followed by a convalescent or nursing home or a home and community support services agency.

CSHB 2992 (by J. Davis, Eiland, Gray, and Talton), A bill to be entitled An Act relating to the creation of a business technology outreach program at the University of Houston. (Chisum recorded voting no)

HB 3015 was withdrawn.

HB 3061 (by Hill), A bill to be entitled An Act relating to the issuance of permits for the operation of certain vehicles that exceed maximum size or weight limitations.

HB 3158 (by McClendon), A bill to be entitled An Act relating to terms of trustees of certain special-purpose school districts.

SB 1560 (Swinford - House Sponsor), in lieu of HB 3208, A bill to be entitled An Act relating to School Land Board meetings.

Representative Swinford moved to lay HB 3208 on the table subject to call.

The motion prevailed without objection.

CSHB 3209 (by J. Jones), A bill to be entitled An Act relating to the purposes for which money received by crime stoppers organizations may be used.

CSHB 3216 (by McCall), A bill to be entitled An Act relating to the standardization of credentialing of physicians. (Chisum recorded voting no)

CSHB 3217 (by McCall), A bill to be entitled An Act relating to the regulation of the practice of medicine.

Representative McCall moved to postpone consideration of CSHB 3217 until 10 a.m. Monday, May 10.

The motion prevailed without objection.

CSHB 3224 (by Capelo), A bill to be entitled An Act relating to the issuance of public securities by or on behalf of the state and political subdivisions.

Tuesday, May 4, 1999 HOUSE JOURNAL - 64th Day (Cont'd.)

HB 3236 (by Najera), A bill to be entitled An Act relating to the use of the term "college" by certain educational institutions.

Representative Najera moved to postpone consideration of HB 3236 until 10 a.m. Tuesday, May 11.

The motion prevailed without objection.

CSHB 3265 (by Uher), A bill to be entitled An Act relating to the duties of a justice of the peace with respect to inquests on dead bodies.

HB 3276 (by Averitt), A bill to be entitled An Act relating to the application of the Texas Non-Profit Corporation Act to charitable trustees.

Amendment No. 1

On behalf of Representative Cook, Representative Averitt offered the following amendment to HB 3276:

Amend HB 3276 SECTION 1.B. by striking the words "in this state" after the words "state charter" and before the word "An" and substituting the following language: "as defined in Section 1.002 (9) of the Texas Trust Company Act."

Amendment No. 1 was adopted without objection.

CSHB 3285 (by Van de Putte), A bill to be entitled An Act relating to covenants not to compete by physicians.

HB 3334 was withdrawn.

HB 3418 (by Gallego), A bill to be entitled An Act relating to the administration of teleconferencing technology within the judiciary.

HB 3421 (by Y. Davis), A bill to be entitled An Act relating to the appraisal of certain motor vehicles for ad valorem tax purposes.

HB 3422 was withdrawn.

HB 3427 (by Najera), A bill to be entitled An Act relating to home ownership counseling for displaced workers.

Representative Najera moved to postpone consideration of HB 3427 until 10 a.m. Tuesday, May 11.

The motion prevailed without objection.

HB 3445 (by Keel), A bill to be entitled An Act relating to authorizing certain counties to provide emergency communication service in the unincorporated area of the county.

CSHB 3456 (by Hinojosa), A bill to be entitled An Act relating to the power of a bondsman to execute bail bonds.

CSHB 3527 (by Coleman), A bill to be entitled An Act relating to certain advance directives for medical treatment; providing administrative penalties.

Representative Y. Davis moved to postpone consideration of CSHB 3527 until 10 a.m. Monday, May 10.

76th LEGISLATURE - REGULAR SESSION

The motion prevailed without objection.

HB 3539 (by Hochberg), A bill to be entitled An Act relating to criminal history searches required to be performed by state agencies.

HB 3547 (by Yarbrough), A bill to be entitled An Act relating to elevators, escalators, and related equipment.

CSHB 3571 (by Haggerty), A bill to be entitled An Act relating to student fees at The University of Texas at El Paso.

Representative Haggerty moved to postpone consideration of CSHB 3571 until 10 a.m. Monday, May 10.

The motion prevailed without objection.

SB 1627 (Chisum - House Sponsor), in lieu of HB 3595, A bill to be entitled An Act relating to the Castro County, Hansford County, and Ochiltree County hospital districts; authorizing the issuance of bonds and the imposition of taxes.

Representative G. Lewis moved to lay HB 3595 on the table subject to call.

The motion prevailed without objection.

CSHB 3598 (by McClendon), A bill to be entitled An Act relating to requiring notice regarding the location of establishments serving alcoholic beverages, sexually oriented businesses, and correctional or rehabilitation facilities.

CSHB 3620 (by R. Lewis), A bill to be entitled An Act relating to the exchange and conveyance of lands by certain navigation districts.

CSHB 3624 (by Swinford), A bill to be entitled An Act relating to the persons for whom local governments may pay tort claims.

HB 3635 (by Naishtat), A bill to be entitled An Act relating to the Probate Court No. 1 of Travis County.

HB 3685 (by Flores), A bill to be entitled An Act relating to the appeal of a drivers license suspension, cancellation or revocation.

Consideration of HB 3685 was deferred until the end of the calendar.

HB 3740 (by Greenberg), A bill to be entitled An Act relating to the location of administrative hearings conducted by the State Office of Administrative Hearings on behalf of the Department of Protective and Regulatory Services.

CSHB 3741 (by Greenberg), A bill to be entitled An Act relating to regulation by the Department of Protective and Regulatory Services of certain child-care facilities, family homes, and child-placing agencies.

CSHB 3757 (by Giddings), A bill to be entitled An Act relating to approved drug and alcohol driving awareness programs.

Tuesday, May 4, 1999 HOUSE JOURNAL - 64th Day (Cont'd.)

Amendment No. 1

On behalf of Representative Cook, Representative Giddings offered the following amendment to CSHB 3757:

Amend CSHB 3757, on page 2, between lines 4 and 5, by inserting the following:

(d) The board may establish fees in connection with drug and alcohol driving awareness programs in lieu of the fees established under Section 13 of this Act. The fees established under this subsection shall be in amounts reasonable and necessary to implement and administer this Act in connection with drug and alcohol driving awareness programs.

Amendment No. 1 was adopted without objection.

CSHB 3776 (by Luna, Seaman, and Capelo), A bill to be entitled An Act relating to the use of certain funds by the Nueces County Hospital District.

CSHB 3798 (by Seaman), A bill to be entitled An Act relating to the creation of the Texana Groundwater Conservation District.

HB 3812 (by Morrison), A bill to be entitled An Act relating to the creation, administration, powers, duties, operation, and financing of the Victoria County Groundwater Conservation District.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Counts, Representative Morrison offered the following committee amendment to HB 3812:

Amend HB 3812 as follows:

(1) On page 1, line 3, strike "Victoria County" and substitute Crossroads.

(2) On page 1, line 7, strike "Victoria County" and substitute Crossroads.

(3) On page 1, line 13, strike "Victoria County" and substitute Crossroads.

(4) On page 3, line 9, strike "Victoria County" and substitute Crossroads.

(5) On page 3, line 25, strike "fourth" and substitute second.

Amendment No. 1 was adopted without objection.

HB 3814 (by Counts), A bill to be entitled An Act relating to the creation of the Salt Fork Water Quality District; authorizing the issuance of bonds.

HB 3817 (by Kuempel), A bill to be entitled An Act relating to the boundaries, confirmation election, administration, powers, duties, operation, and financing of the Guadalupe County Groundwater Conservation District.

HB 3818 (by Kuempel), A bill to be entitled An Act relating to the terms of the trustees of the Canyon Regional Water Authority.

HB 3823 (by Zbranek), A bill to be entitled An Act relating to appointment of commissioners of the Chambers-Liberty Counties Navigation District.

HB 3685 was on the calendar and deferred until this time.

HB 3685 (by Flores), A bill to be entitled An Act relating to the appeal of a drivers license suspension, cancellation or revocation. (Keel recorded voting no)

76th LEGISLATURE - REGULAR SESSION

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).

RULES SUSPENDED

Representative Carter moved to suspend the 5-day posting rule to allow the Committee on Urban Affairs to consider HB 2481, CSHB 3373, HB 3375, HB 3376, SB 264, and SB 1783.

The motion prevailed without objection.

COMMITTEE MEETING ANNOUNCEMENT

The following committee meeting was announced:

Urban Affairs, on adjournment today, Desk 46, for a formal meeting.

ADJOURNMENT

Representative Carter moved that the house adjourn until 12:45 p.m. today.

The motion prevailed without objection.

The house accordingly, at 12:24 p.m., adjourned until 12:45 p.m. today.

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ADDENDUM

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SIGNED BY THE SPEAKER

The following bills and resolutions were today signed in the presence of the house by the speaker:

House List No. 41

HB 957, HB 1433, HB 2110, HB 2450

MESSAGES FROM THE SENATE

The following messages from the senate were today received by the house:

Message No. 1

MESSAGE FROM THE SENATE

SENATE CHAMBER

Austin, Texas

Tuesday, May 4, 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:

Tuesday, May 4, 1999 HOUSE JOURNAL - 64th Day (Cont'd.)

THE SENATE HAS PASSED THE FOLLOWING MEASURES:

SB 154 Lindsay

Relating to the modification of restrictive covenants applicable to certain real property.

SB 432 Ratliff

Relating to the designation of an initial or a renewal registration period by the owner of a motor vehicle or a trailer.

SB 497 Shapleigh

Relating to the application of the preexisting condition provisions of certain health benefit plans.

SB 918 Wentworth

Relating to municipalities eligible to create certain development corporations.

SB 976 Brown, J. E. "Buster"

Relating to the creation of a business technology outreach program at the University of Houston.

SB 1030 Madla

Relating to the use of a prescription drug formulary by a group health benefit plan.

SB 1444 Barrientos

Relating to noise abatement measures on certain highways in this state.

SB 1804 Barrientos

Relating to the calculation of a tax rollback rate.

SB 1860 Sibley

Relating to the validity of certain devises or bequests.

Respectfully,

Betty King

Secretary of the Senate

Message No. 2

MESSAGE FROM THE SENATE

SENATE CHAMBER

Austin, Texas

Tuesday, May 4, 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:

76th LEGISLATURE - REGULAR SESSION

THE SENATE HAS PASSED THE FOLLOWING MEASURES:

HB 2008 Walker SPONSOR: Fraser

Relating to the approval of contracts entered into by the Texas Department of Transportation for the development of aeronautics.

HCR 180 Farabee SPONSOR: Haywood

Congratulating the Dallas Cowboys and the city of Wichita Falls on the success of the team's training camp.

HCR 192 Farabee SPONSOR: Haywood

Designating April 14, 1999, as Wichita Falls Day at the State Capitol.

Respectfully,

Betty King

Secretary of the Senate