Saturday, May 8, 1999 HOUSE JOURNAL -69th Day

HOUSE JOURNAL

seventy-SIXTH legislature, REGULAR session

PROCEEDINGS

SIXTY-NINTH DAY - SATURDAY, MAY 8, 1999

The house met at 10:55 a.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 265)

Present - Mr. Speaker; Alexander; Allen; Alvarado; Averitt; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; 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; 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.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; 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 - Bailey; Giddings; Moreno, P.; Smithee

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.

76th LEGISLATURE - REGULAR SESSION

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):

HB 89

HB 116

SB 183

HB 656

HB 668

HB 792

HB 918

HB 961

HB 1032

HB 1078

HB 1176

HB 1211

HB 1248 (Chisum, Corte, Craddick, Heflin, and Swinford - no)

HB 1265

HB 1333

HB 1337

HB 1374

HB 1586

HB 1606

HB 1627

HB 1833

HB 1864

HB 2047

HB 2140

HB 2164

HB 2165

HB 2166

HB 2201

HB 2252

Saturday, May 8, 1999 HOUSE JOURNAL -69th Day

HB 2253

HB 2408

HB 2421

HB 2543

HB 2621

HB 2879

HB 2944

HB 3001

HB 3002

HB 3011

SB 712

SB 1388

HB 3120

HB 3191

HB 3300

SB 1857

HB 3425

HB 3433

HB 3449

HB 3551

HB 3632

HB 3736

HB 3775

HB 3809

HB 3815

HB 3821

HB 3832

HB 3847

HB 90

HB 1058

HB 1453

HB 1968

HB 2840

HB 3467

76th LEGISLATURE - REGULAR SESSION

HB 3549

HB 3806

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 266): 143 Yeas, 0 Nays, 2 Present, not voting (members registering votes and the results of the vote are shown following bill number).

Yeas - Alexander; Allen; Alvarado; Averitt; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; 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; 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.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Talton; Telford; Thompson; Tillery; 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; Giddings; Moreno, P.; Smithee.

Absent - Oliveira.

HB 509 (143-0-2)

SB 643 (143-0-2)

HB 928 (143-0-2)

HB 1223 (Chisum - no) (142-1-2)

HB 1224 (143-0-2)

SB 478 (143-0-2)

HB 1353 (143-0-2)

HB 1542 (143-0-2)

HB 1583 (143-0-2)

HB 1607 (143-0-2)

HB 1827 (143-0-2)

HB 1829 (143-0-2)

Saturday, May 8, 1999 HOUSE JOURNAL -69th Day

HB 2019 (143-0-2)

HB 2021 (143-0-2)

HB 2274 (143-0-2)

HB 2300 (143-0-2)

HB 2307 (143-0-2)

HB 2429 (143-0-2)

HB 2585 (143-0-2)

HB 2765 (143-0-2)

HB 2787 (143-0-2)

HB 2806 (143-0-2)

HB 2819 (143-0-2)

HB 3176 (143-0-2)

HB 3381 (143-0-2)

SB 1480 (143-0-2)

HB 3442 (Chisum - no) (142-1-2)

HB 3458 (143-0-2)

HB 3469 (Bonnen and Hope - no) (141-2-2)

HB 3704 (143-0-2)

HB 3738 (143-0-2)

HB 3746 (143-0-2)

HB 3762 (143-0-2)

HB 3816 (143-0-2)

HB 3835 (143-0-2)

HB 87 (Chisum, Christian, Craddick, Heflin, Keffer and Swinford - no) (137-6-2)

HB 652 (143-0-2)

HB 817 (143-0-2)

HB 2172 (143-0-2)

HB 2547 (143-0-2)

HB 2977 (143-0-2)

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.)

76th LEGISLATURE - REGULAR SESSION

HR 881 - ADOPTED

(by Capelo)

Representative Capelo moved to suspend all necessary rules to take up and consider at this time HR 881.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 881, Commemorating the Nueces County Community Services division for its celebration of National Older American Month.

HR 881 was adopted without objection.

PROVIDING FOR A LOCAL, CONSENT,

AND RESOLUTIONS CALENDAR

Representative Y. Davis moved to set a local, consent, and resolutions calendar for 10 a.m. Tuesday, May 11.

The motion prevailed without objection.

(Speaker in the chair)

POSTPONED BUSINESS

The following bills were laid before the house as postponed business:

SB 1153 ON SECOND READING

(Eiland - House Sponsor)

SB 1153, A bill to be entitled An Act relating to fraternal benefit societies.

SB 1153 was considered in lieu of CSHB 1089.

SB 1153 was read second time and was passed to third reading.

CSHB 1089 - LAID ON THE TABLE SUBJECT TO CALL

Representative Eiland moved to lay CSHB 1089 on the table subject to call.

The motion prevailed without objection.

MAJOR STATE CALENDAR

HOUSE BILLS

THIRD READING

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

HB 2896 ON THIRD READING

(by Coleman, Dunnam, Hodge, and McClendon)

HB 2896, A bill to be entitled An Act relating to the administration and operation of the state Medicaid program.

Amendment No. 1

Representative Coleman offered the following amendment to HB 2896:

Amend the second reading engrossment of HB 2896 as follows:

(1) Strike page 2, line 24, through page 4, line 9 and substitute the following:

Saturday, May 8, 1999 HOUSE JOURNAL -69th Day

(a) In providing health care services through Medicaid managed care to recipients in a health care service region, the commission shall contract with a [at least one ] managed care organization in that region that is licensed under the Texas Health Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance Code to provide health care in that region and that is:

(1) wholly owned and operated by a hospital district in that region;

(2) created by a nonprofit corporation that:

(A) has a contract, agreement, or other arrangement with a hospital district in that region or with a municipality in that region that owns a hospital licensed under Chapter 241, Health and Safety Code, and has an obligation to provide health care to indigent patients; and

(B) under the contract, agreement, or other arrangement, assumes the obligation to provide health care to indigent patients and leases, manages, or operates a hospital facility owned by the hospital district or municipality; or

(3) created by a nonprofit corporation that has a contract, agreement, or other arrangement with a hospital district in that region under which the nonprofit corporation acts as an agent of the district and assumes the district's obligation to arrange for services under the Medicaid expansion for children as authorized by Chapter 444, Acts of the 74th Legislature, Regular Session, 1995.

(e) In providing health care services through Medicaid managed care to recipients in a health care service region, with the exception of the Harris service area for the STAR Medicaid managed care program, as defined by the commission as of the initial implementation date for that service area, the commission shall also contract with a managed care organization in that region that holds a certificate of authority as a health maintenance organization under Section 5, Texas Health Maintenance Organization Act (Article 20A.05, Vernon's Texas Insurance Code), and that:

(1) is certified under Section 5.01 (a), Medical Practice Act (Article 4495b, Vernon's Texas Civil Statutes);

(2) is created by The University of Texas Medical Branch at Galveston; and

(3) has obtained a certificate of authority as a health maintenance organization to serve one or more counties in that region from the Texas Department of Insurance before September 2, 1999.

(2) On page 14, after line 27, insert the following:

(d) Subsection (b) applies only to a managed care organization with respect to Medicaid managed care pilot programs, Medicaid behavioral health pilot programs, and Medicaid Star + Plus pilot programs implemented in a health care service region after June 1, 1999.

Amendment No. 1 was adopted without objection.

Amendment No. 2

Representative Haggerty offered the following amendment to HB 2896:

Amend HB 2896 on third reading.

Sec 533.0056

Delete (a) The commission may not implement more than one state administered managed care model in a health care service region.

76th LEGISLATURE - REGULAR SESSION

Amendment No. 2 was adopted without objection.

A record vote was requested.

HB 2896, as amended, was passed by (Record 267): 142 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; 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; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; 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.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; 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; Wolens; Woolley; Yarbrough; Zbranek.

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

Absent, Excused - Bailey; Giddings; Moreno, P.; Smithee.

Absent - Howard; Oliveira; Wohlgemuth.

MAJOR STATE CALENDAR

SENATE BILLS

THIRD READING

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

SB 39 ON THIRD READING

(Naishtat, Gallego, and Dutton - House Sponsors)

SB 39, A bill to be entitled An Act relating to jury instructions and charges in capital cases.

SB 39 was passed.

SB 1308 ON THIRD READING

(Counts - House Sponsor)

SB 1308, A bill to be entitled An Act relating to approval of water quality management plans by the Texas Natural Resource Conservation Commission.

A record vote was requested.

SB 1308 was passed by (Record 268): 143 Yeas, 0 Nays, 1 Present, not voting.

Saturday, May 8, 1999 HOUSE JOURNAL -69th Day

Yeas - Alexander; Allen; Alvarado; Averitt; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; 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; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Grusendorf; 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.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; 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.

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

Absent, Excused - Bailey; Giddings; Moreno, P.; Smithee.

Absent - Gutierrez; Oliveira.

GENERAL STATE CALENDAR

HOUSE BILLS

THIRD READING

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

HB 954 ON THIRD READING

(by Uher and Bonnen)

HB 954, A bill to be entitled An Act relating to the requirement that a taxing unit proposing to increase the unit's tax rate hold a public hearing on the proposal.

Amendment No. 1

Representative Smith offered the following amendment to HB 954:

Amend HB 954 on third reading, (second reading engrossment) as follows:

(1) On page 4, line 1, following the words "Section 26.06" add and Section 26.065.

Amendment No. 1 was adopted without objection.

HB 954, as amended, was passed. (Berman, Denny, Keel, Shields, and Talton recorded voting no)

HB 2706 ON THIRD READING

(by Gallego)

HB 2706, A bill to be entitled An Act relating to eligibility for workers' compensation benefits for certain persons who provide volunteer services in a declared emergency.

76th LEGISLATURE - REGULAR SESSION

Amendment No. 1

Representative Gallego offered the following amendment to HB 2706:

Amend HB 2706 on third reading by striking Sections 2 and 3 of the bill and substituting the following:

SECTION 2. This Act takes effect immediately and applies only to a claim for workers' compensation benefits based on a compensable injury that occurs on or after that date. A claim based on a compensable injury that occurs before the effective date of this Act is governed by the law in effect on the date the injury occurred, and the former law is continued in effect for that purpose.

SECTION 3. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

Amendment No. 1 was adopted without objection.

A record vote was requested.

HB 2706, as amended, was passed by (Record 269): 123 Yeas, 19 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Coleman; Cook; Counts; Cuellar; Danburg; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Glaze; Goodman; Goolsby; Gray; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hawley; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hunter; Hupp; Janek; Jones, C.; Jones, D.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Marchant; Maxey; McCall; McClendon; McReynolds; Moreno, J.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Siebert; Smith; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Telford; Thompson; Tillery; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wolens; Woolley; Yarbrough; Zbranek.

Nays - Berman; Clark; Corte; Crabb; Craddick; Crownover; Culberson; Denny; Green; Hartnett; Heflin; Hope; Howard; Isett; Madden; Merritt; Seaman; Shields; Truitt.

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

Absent, Excused - Bailey; Giddings; Moreno, P.; Smithee.

Absent - Oliveira; Talton; Wohlgemuth.

STATEMENTS OF VOTE

I was shown voting yes on Record No. 269. I intended to vote no.

J. Davis

Saturday, May 8, 1999 HOUSE JOURNAL -69th Day

I was shown voting no on Record No. 269. I intended to vote yes.

Hope

I was shown voting yes on Record No. 269. I intended to vote no.

McCall

I was shown voting no on Record No. 269. I intended to vote yes.

Merritt

When Record No. 269 was taken, I was in the house but away from my desk. I would have voted no.

Talton

HB 747 ON THIRD READING

(by Gallego)

HB 747, A bill to be entitled An Act relating to certain evaluations made by the governing body of a hospital district, hospital authority, or public hospital.

A record vote was requested.

HB 747 was passed by (Record 270): 144 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; 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; 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.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; 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.

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

Absent, Excused - Bailey; Giddings; Moreno, P.; Smithee.

Absent - Oliveira.

HB 3603 ON THIRD READING

(by Thompson, J. Davis, Eiland, and Dukes)

HB 3603, A bill to be entitled An Act relating to the control of insurance fraud.

76th LEGISLATURE - REGULAR SESSION

Amendment No. 1

Representative Thompson offered the following amendment to HB 3603:

Amend SECTION 3 of HB 3603 on 3rd reading on page 3, line 5, by deleting the period and adding the following after the word "conveyed":

"either to the insurance fraud unit, an authorized governmental agency, other insurers, other persons or entities."

Amendment No. 1 was adopted without objection.

Amendment No. 2

Representative Thompson offered the following amendment to HB 3603:

Amend HB 3603 on 3rd reading as follows:

(1) Strike SECTION 2 of the bill and renumber accordingly

(2) On page 5 strike lines 3-16

Amendment No. 2 was adopted without objection.

Representative Thompson moved to reconsider the vote by which Amendment No. 1 was adopted.

The motion to reconsider prevailed.

Amendment No. 2 was withdrawn.

HB 3603, as amended, was passed. (Madden recorded voting no)

LEAVE OF ABSENCE GRANTED

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

Flores on motion of Gutierrez.

HB 1123 ON THIRD READING

(by Thompson)

HB 1123, A bill to be entitled An Act relating to the salaries of certain statutory county court judges.

Amendment No. 1

Representative Thompson offered the following amendment to HB 1123:

Amend HB 1123, second reading engrossment by striking page 1, line 6 through page 2, line 13 and inserting the following:

Section 1. Sections 25.0005 (a) and (e) are amended to read as follows:

(a) A statutory county court judge, other than a statutory county court judge who engages in the private practice of law or a judge in whose court fees and costs under Section 51.702 are not collected, shall be paid a total annual salary set by the commissioners court at an amount that is at least equal to the amount that is $1000 [$4000 ] less than the total annual salary received by a district judge in the county, on August 31, 1999. A district judge's or statutory county court judge's total annual salary includes contributions and supplements, paid by the state or a county, other than contributions received as compensation under Section 74.051.

Saturday, May 8, 1999 HOUSE JOURNAL -69th Day

(e) A county is not required to meet the salary requirements of Subsection (a) for a particular court if:

(1) not later than September 1 of the year in which the county initially begins collecting fees and costs under Section 51.702, the county increases the salary of each statutory county court judge in the county to an amount that is at least[:

(A ) $28,000 [$20,000 ] more than the salary the judge was entitled to on May 1 of the [that ] year[, if ] the county initially begins collecting fees and costs under Section 51.702 [before January 1, 1998, and is also at least $24,000 more than the salary the judge was entitled to on May 1, 1997; and

(B) $24,000 more than the salary the judge was entitled to on May 1 of that year if the county initially begins collecting fees and costs under Section 51.702 on or after January 1, 1998 ];

(2) the county pays at least the salary required by Subdivision (1);

(3) the county collects the fees and costs as provided by Section 51.702;

Amendment No. 1 was adopted without objection.

Amendment No. 2

On behalf of Representative Smithee, Representative Thompson offered the following amendment to HB 1123:

Amend HB 1123, Second Reading Engrossment, by striking SECTIONS 3 and 4 of the bill and renumbering the remaining SECTIONS of the bill accordingly.

Amendment No. 2 was adopted without objection.

HB 1123, as amended, was passed.

HB 921 ON THIRD READING

(by Ehrhardt, Naishtat, Hunter, and McCall)

HB 921, A bill to be entitled An Act relating to enrichment curriculum requirements.

HB 921 was passed. (Berman recorded voting no)

HB 2186 ON THIRD READING

(by Dutton)

HB 2186, A bill to be entitled An Act relating to summary judgments issued by a court.

HB 2186 was passed. (Berman recorded voting no)

HB 2124 ON THIRD READING

(by Cuellar)

HB 2124, A bill to be entitled An Act relating to protection of victims of family violence.

76th LEGISLATURE - REGULAR SESSION

Amendment No. 1

Representative Cuellar offered the following amendment to HB 2124:

Amend HB 2124, Second Reading Engrossment, as follows:

(1) Strike page 8, line 19, through page 9, line 24.

(2) On page 9, line 25, renumber SECTION 8 as SECTION 6.

(3) On page 10, strike line 7 through line 12.

(4) On page 10, line 13, renumber SECTION 10 as SECTION 7.

(5) On page 10, line 14, renumber SECTION 11 as SECTION 8.

Amendment No. 1 was adopted without objection.

Amendment No. 2

Representative Tillery offered the following amendment to HB 2124:

Amend HB 2124 by inserting the following new sections, appropriately numbered:

SECTION . Section 85.022, Family Code, is amended by adding Subsection (d) to read as follows:

(d) In a protective order, the court may suspend a license to carry a concealed handgun issued under Section 411.177, Government Code, that is held by a person found to have committed family violence.

SECTION ___ Section 85.042, Family Code, is amended by adding Subsection (e) to read as follows:

(e) The clerk of the court issuing an original or modified protective order under Section 85.022 that suspends a license to carry a concealed handgun shall send a copy of the order to the appropriate division of the Department of Public Safety at its Austin headquarters. On receipt of the order suspending the license, the department shall:

(1) record the suspension of the license in the records of the department;

(2) report the suspension to local law enforcement agencies, as appropriate; and

(3) demand surrender of the suspended license from the license holder.

SECTION 1. Article 17.292, Code of Criminal Procedure, is amended by amending Subsection (k) and adding Subsection (l) to read as follows:

(k) In the order for emergency protection, the magistrate may suspend a license to carry a concealed handgun issued under Section 411.177, Government Code, that is held by the defendant.

(l) In this article, "family," "family violence," and "household" have the meanings assigned by Chapter 71 [Section 71.01 ], Family Code.

SECTION ____. Chapter 17, Code of Criminal Procedure, is amended by adding Article 17.293 to read as follows:

Art. 17.293. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO OTHER PERSONS. The magistrate or the clerk of the magistrate's court issuing an order for emergency protection under Article 17.292 that suspends a license to carry a concealed handgun shall immediately send a copy of the order to the appropriate division of the Department of Public Safety at its Austin headquarters. On receipt of the order suspending the license, the department shall:

Saturday, May 8, 1999 HOUSE JOURNAL -69th Day

(1) record the suspension of the license in the records of the department;

(2) report the suspension to local law enforcement agencies, as appropriate; and

(3) demand surrender of the suspended license from the license holder.

SECTION ____. Section 411.180, Government Code, is amended by adding Subsection (i) to read as follows:

(i) This section does not apply to a suspension of a license under Section 85.022, Family Code, or Article 17.292, Code of Criminal Procedure.

SECTION ____. Sections 411.187(a) and (c), Government Code, are amended to read as follows:

(a) A license may be suspended under this section if the license holder:

(1) is charged with the commission of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code, or of a felony under an information or indictment;

(2) fails to display a license as required by Section 411.205;

(3) fails to notify the department of a change of address or name as required by Section 411.181;

(4) carries a concealed handgun under the authority of this subchapter of a different category than the license holder is licensed to carry; [or ]

(5) fails to return a previously issued license after a license is modified as required by Section 411.184(d);

(6) commits an act of family violence and is the subject of an active protective order rendered under Title 4, Family Code; or

(7) is arrested for an offense involving family violence or an offense under Section 42.072, Penal Code, and is the subject of an order for emergency protection issued under Article 17.292, Code of Criminal Procedure.

(c) A license may be suspended under this section:

(1) for 30 days, if the person's license is subject to suspension for a reason listed in Subsection (a)(3), (4), or (5), except as provided by Subdivision (3);

(2) for 90 days, if the person's license is subject to suspension for a reason listed in Subsection (a)(2), except as provided by Subdivision (3);

(3) for not less than one year and not more than three years if the person's license is subject to suspension for a reason listed in Subsection (a), other than the reason listed in Subsection (a)(1), and the person's license has been previously suspended for the same reason; [or ]

(4) until dismissal of the charges if the person's license is subject to suspension for the reason listed in Subsection (a)(1); or

(5) for the duration of or the period specified by:

(A) the protective order issued under Title 4, Family Code, if the person's license is subject to suspension for the reason listed in Subsection (a)(6); or

(B) the order for emergency protection issued under Article 17.292, Code of Criminal Procedure, if the person's license is subject to

76th LEGISLATURE - REGULAR SESSION

suspension for the reason listed in Subsection (a)(7).

SECTION _____. (a) In accordance with Section 311.031(c), Government Code, which gives effect to a substantive amendment enacted by the same legislature that codifies the amended statute, the text of Sections 411.187(a) and (c), Government Code, as set out in Section 6 of this Act, gives effect to changes made by Chapter 1261, Acts of the 75th Legislature, Regular Session, 1997.

(b) To the extent of any conflict, this Act prevails over another Act of the 76th Legislature, Regular Session, 1999, relating to nonsubstantive additions to and corrections in enacted codes.

Amendment No. 2 was adopted without objection.

HB 2124, as amended, was passed. (Burnam, Hupp, and Thompson recorded voting no)

HB 3838 ON THIRD READING

(by Goodman and Naishtat)

HB 3838, A bill to be entitled An Act relating to the protection of certain children.

HB 3838 was passed.

HB 714 ON THIRD READING

(by Naishtat, Coleman, et al.)

HB 714, A bill to be entitled An Act relating to the establishment of a newborn hearing screening, tracking, and intervention program.

HB 714 was passed.

HB 3446 ON THIRD READING

(by Swinford)

HB 3446, A bill to be entitled An Act relating to the regulation of the practice of veterinary medicine; imposing criminal, civil, and administrative penalties.

A record vote was requested.

HB 3446 was passed by (Record 271): 141 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Gallego; Garcia; George; 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;

Saturday, May 8, 1999 HOUSE JOURNAL -69th Day

McClendon; McReynolds; Merritt; Moreno, J.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; 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; Woolley; Yarbrough; Zbranek.

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

Absent, Excused - Bailey; Flores; Giddings; Moreno, P.; Smithee.

Absent - Berman; Oliveira; Wolens.

HB 2337 ON THIRD READING

(by Ehrhardt)

HB 2337, A bill to be entitled An Act relating to additional interest for default on a loan contract including simple interest.

HB 2337 was passed.

HB 2338 ON THIRD READING

(by Ehrhardt)

HB 2338, A bill to be entitled An Act relating to certain charges for administration of loans and loan applications.

HB 2338 was passed.

HB 2456 ON THIRD READING

(by Hartnett)

HB 2456, A bill to be entitled An Act relating to the statute of limitations for certain civil actions.

HB 2456 was passed.

HB 2482 ON THIRD READING

(by G. Lewis, et al.)

HB 2482, A bill to be entitled An Act relating to equal access to places of public accommodation.

HB 2482 was passed. (Janek recorded voting no)

HB 145 ON THIRD READING

(by Thompson and Hill)

HB 145, A bill to be entitled An Act relating to garnishment of wages for the enforcement of court-ordered spousal maintenance.

Amendment No. 1

Representative Thompson offered the following amendment to HB 145:

Amend HB 145 on page 2, line 16, by striking "1999." and substituting "1999, but only if the constitutional amendment proposed by the 76th Legislature, Regular Session, 1999, allowing garnishment of wages for spousal support, takes effect. If that amendment is not approved by the voters, this Act has no effect."

76th LEGISLATURE - REGULAR SESSION

Amendment No. 1 was adopted without objection.

HB 145, as amended, was passed. (Craddick, Hupp, Keel, and Uher recorded voting no)

HB 1544 ON THIRD READING

(by Haggerty)

HB 1544, A bill to be entitled An Act relating to registration of engineering firms and to the publication by the Texas Board of Professional Engineers of a roster of engineers and engineering firms.

HB 1544 was passed.

HB 1700 ON THIRD READING

(by Danburg)

HB 1700, A bill to be entitled An Act relating to lifeline and tel-assistance telecommunications services.

HB 1700 was passed.

HB 2011 ON THIRD READING

(by Cuellar)

HB 2011, A bill to be entitled An Act relating to the administration of the Texas Academic Skills Program.

Amendment No. 1

Representative Cuellar offered the following amendment to HB 2011:

Amend HB 2011, Second Reading Engrossment, by striking SECTION 1 of the bill and renumbering the remaining SECTIONS of the bill accordingly.

Amendment No. 1 was adopted without objection.

HB 2011, as amended, was passed.

HB 2114 ON THIRD READING

(by Danburg)

HB 2114, A bill to be entitled An Act relating to the application of the open meetings law to a board or committee of a sports and community venue district.

HB 2114 was passed.

HB 703 ON THIRD READING

(by Wilson)

HB 703, A bill to be entitled An Act relating to the purchase and sale of lottery tickets; providing a penalty.

HB 703 was passed.

HB 804 ON THIRD READING

(by Gallego, Thompson, and Cuellar)

HB 804, A bill to be entitled An Act relating to salaries and fees for services of certain prosecutors.

Saturday, May 8, 1999 HOUSE JOURNAL -69th Day

Amendment No. 1

Representative Gallego offered the following amendment to HB 804:

Amend HB 804 in SECTION 1 of the bill by adding a new subsection (e) to Sec. 46.0031 to read as follows:

(e) A county attorney who does not have criminal prosecution duties or who has criminal prosecution duties only upon request of the district attorney is entitled to receive from the state supplemental salary compensation that is equal to one-half the amount the county attorney would be eligible for under the subsections (a) or (b) of this section. The remainder of the supplement shall be used for expenses of the county attorney's office.

Amendment No. 1 was adopted without objection.

HB 804, as amended, was passed.

HB 943 ON THIRD READING

(by Tillery and Wohlgemuth)

HB 943, A bill to be entitled An Act relating to regulation of the use of laser pointers; providing a criminal penalty.

HB 943 was passed.

HB 1387 ON THIRD READING

(by Van de Putte)

HB 1387, A bill to be entitled An Act relating to investigating certain deaths and performing autopsies on certain bodies.

HB 1387 was passed.

HB 1153 ON THIRD READING

(by Puente)

HB 1153, A bill to be entitled An Act relating to the placement of a child in a county detention facility as a condition of probation.

Amendment No. 1

Representative Puente offered the following amendment to HB 1153:

Amend HB 1153, Second Reading Engrossment, as follows:

(1) On page 1, lines 7-8, strike "OR CORRECTIONAL".

(2) On page 1, line 12, strike "or correctional".

(3) On page 1, line 19, strike "or correctional".

Amendment No. 1 was adopted without objection.

HB 1153, as amended, was passed.

HB 319 ON THIRD READING

(by Driver)

HB 319, A bill to be entitled An Act relating to the penalty for tampering with certain governmental records.

Amendment No. 1

Representative Garcia offered the following amendment to HB 319:

Amend HB 319 on Third Reading on page 2, line 8, by striking "was a license" and substituting "was a public school record or document or was a license".

76th LEGISLATURE - REGULAR SESSION

Representative Chisum raised a point of order against further consideration of Amendment No. 1 by Puente under Rule 11, Section 2 of the House Rules on the grounds that the amendment is not germane to the bill.

The point of order was withdrawn.

Amendment No. 1 was withdrawn.

HB 319 was passed.

HB 2236 ON THIRD READING

(by Gray)

HB 2236, A bill to be entitled An Act relating to contracts for Medicaid managed care.

A record vote was requested.

HB 2236 was passed by (Record 272): 139 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; 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; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Gallego; Garcia; George; 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; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; 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; Woolley; Yarbrough; Zbranek.

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

Absent, Excused - Bailey; Flores; Giddings; Moreno, P.; Smithee.

Absent - Corte; Marchant; Oliveira; Wohlgemuth; Wolens.

HB 1802 ON THIRD READING

(by Eiland)

HB 1802, A bill to be entitled An Act relating to an affirmative defense to certain gambling offenses committed on an ocean-going vessel.

HB 1802 was passed. (Heflin recorded voting no)

HB 374 ON THIRD READING

(by Culberson and Keel)

HB 374, A bill to be entitled An Act relating to the deferral or abatement of a suit to collect delinquent taxes on the homestead of an elderly person.

HB 374 was passed.

Saturday, May 8, 1999 HOUSE JOURNAL -69th Day

HB 2272 ON THIRD READING

(by Ritter)

HB 2272, A bill to be entitled An Act relating to advisory committees to the Parks and Wildlife Commission.

HB 2272 was passed.

HB 1822 ON THIRD READING

(by Yarbrough)

HB 1822, A bill to be entitled An Act relating to the regulation of air conditioning and refrigeration contractors; providing penalties.

HB 1822 was passed.

HB 2420 ON THIRD READING

(by Driver)

HB 2420, A bill to be entitled An Act relating to an advertisement sent to a facsimile machine.

HB 2420 was passed.

HB 1708 ON THIRD READING

(by Maxey and Danburg)

HB 1708, A bill to be entitled An Act relating to the maximum fee a tow truck may charge for a nonconsent tow; providing a penalty.

Amendment No. 1

On behalf of Representative Thompson, Representative Maxey offered the following amendment to HB 1708:

Amend HB 1708, second reading engrossment, as follows:

(1) In SECTION 1 of the bill, proposed Section 643.203(c), Transportation Code (page 2, line 2), strike "state licensed storage facility;" and substitute "vehicle storage facility operated by a person licensed under Article 6687-9a, Revised Statutes;"

(2) In SECTION 1 of the bill, page 2, line 6 through page 3, line 10, strike proposed Section 643.203(c) (3) (A), Transportation Code.

(3) Add a new SECTION to the bill, appropriately numbered, to read as follows, and renumber subsequent SECTIONS accordingly:

SECTION . Subchapter E, Chapter 684, Transportation Code, is amended by adding Section 684.0835 to read as follows:

Sec. 684.0835. RELEASE OF VEHICLE. (a) A vehicle storage facility shall release a vehicle removed in compliance with this chapter and stored at a vehicle storage facility to the owner of the vehicle or to the owner's representative if the owner or the owner's representative:

(1) pays all fees due against the vehicle;

(2) presents valid identification, which may include a driver's license issued by this state or another state, or identification issued by the United States that includes the person's photograph; and

(3) presents one of the following:

76th LEGISLATURE - REGULAR SESSION

(A) the certificate of title for the vehicle, if the person is shown as the owner of the vehicle on the certificate of title;

(B) the registration receipt for the vehicle and a registration renewal card issued by the Texas Department of Transportation, if the person is shown as the owner of the vehicle on the registration receipt;

(C) a notarized power of attorney authorizing the person to obtain possession of the vehicle, accompanied by the documents described by Subdivision (A) or (B), if the person is not shown as the owner of the vehicle on those documents;

(D) a court order authorizing the person to obtain possession of the vehicle;

(E) a notarized power of attorney and a certificate of title in the owner's name that shows the person's right to obtain possession of the vehicle;

(F) a notarized proof-of-loss claim of theft issued by an insurance company authorized to do business in this state that shows the person's right to obtain possession of the vehicle; or

(G) an affidavit of right of possession and control issued by the Texas Department of Transportation that shows the person's right to obtain possession of the vehicle.

(b) The Texas Department of Transportation shall issue an affidavit of right of possession for a vehicle to a person who applies and presents evidence sufficient to show to the department that the person is entitled to possession of the vehicle. The department shall approve the form of the affidavit. An affidavit of right of possession and control issued by the department under this section:

(1) may only be used by the person to whom the affidavit is issued or an immediate family member of the person; and

(2) may not be used as a repossession instrument.

Amendment No. 1 was adopted without objection.

HB 1708, as amended, was passed.

HB 2605 ON THIRD READING

(by Solomons)

HB 2605, A bill to be entitled An Act relating to providing a right of rescission for certain owners executing residential construction contracts for improvements on homestead property.

HB 2605 was passed.

HB 2145 ON THIRD READING

(by Allen and McClendon)

HB 2145, A bill to be entitled An Act relating to persons subject to sex offender registration requirements and to the conditions for supervised release of those persons.

HB 2145 was passed.

Saturday, May 8, 1999 HOUSE JOURNAL -69th Day

HB 564 ON THIRD READING

(by Oliveira)

HB 564, A bill to be entitled An Act relating to a border advocacy division of the governor's office.

HB 564 was passed.

HB 2155 ON THIRD READING

(by Yarbrough)

HB 2155, A bill to be entitled An Act relating to the creation and operation of the Texas State Board of Mechanical Industries and the regulation of plumbing and mechanical laws and programs by that board; providing penalties.

HB 2155 was passed.

HB 2598 ON THIRD READING

(by McReynolds)

HB 2598, A bill to be entitled An Act relating to review of projects funded by the Texas Department of Transportation for compliance with facility accessibility standards.

A record vote was requested.

HB 2598 was passed by (Record 273): 134 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Corte; Crabb; Craddick; Crownover; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dunnam; Dutton; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Gallego; Garcia; George; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Hunter; Hupp; Isett; Janek; Jones, D.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Madden; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; 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; Wolens; Woolley; Yarbrough; Zbranek.

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

Absent, Excused - Bailey; Flores; Giddings; Moreno, P.; Smithee.

Absent - Cook; Counts; Dukes; Edwards; Howard; Jones, C.; Luna; Marchant; Oliveira; Wohlgemuth.

76th LEGISLATURE - REGULAR SESSION

HB 617 ON THIRD READING

(by Ehrhardt and Madden)

HB 617, A bill to be entitled An Act relating to waiver applications by a public school campus or district.

HB 617 was passed.

HB 629 ON THIRD READING

(by Gallego and Walker)

HB 629, A bill to be entitled An Act relating to medical information provided by certain emergency medical services operators.

HB 629 was passed.

HB 1918 ON THIRD READING

(by Oliveira)

HB 1918, A bill to be entitled An Act relating to the development of a statewide multimodal transportation plan.

HB 1918 was passed.

HB 269 ON THIRD READING

(by Flores)

HB 269, A bill to be entitled An Act relating to jury service by public school employees.

HB 269 was passed.

GENERAL STATE CALENDAR

SENATE BILLS

THIRD READING

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

SB 565 ON THIRD READING

(Allen - House Sponsor)

SB 565, A bill to be entitled An Act relating to the creation of a sex offender compliance unit in the Texas Department of Public Safety.

SB 565 was passed.

SB 1607 ON THIRD READING

(Allen - House Sponsor)

SB 1607, A bill to be entitled An Act relating to the establishment of an infant care and parenting program in the Texas Youth Commission.

SB 1607 was passed.

SB 501 ON THIRD READING

(Oliveira, et al. - House Sponsors)

SB 501, A bill to be entitled An Act relating to a state agency's strategic plan for serving geographic regions of the state, including the border region.

Saturday, May 8, 1999 HOUSE JOURNAL -69th Day

Amendment No. 1

Representative Telford offered the following amendment to SB 501:

Amend SB 501 on third reading as follows:

(1) On page 2, strike lines 10-13 and substitute the following:

(8) identification of each geographic region of this state, including the Texas-Louisiana border region and the Texas-Mexico border region, served by the agency, and if appropriate the agency's means and strategies for serving each region; and

(2) On page 2, between lines 20 and 21 insert the following:

(2) "Texas-Louisiana border region" means the area consisting of the counties of Bowie, Camp, Cass, Delta, Franklin, Gregg, Harrison, Hopkins, Lamar, Marion, Morris, Panola, Red River, Rusk, Smith, Titus, Upshur, and Wood.

(3) On page 2, line 21 strike "(2) "Border region" and substitute "(3) "Texas-Mexico border region".

Amendment No. 1 was adopted without objection.

SB 501, as amended, was passed.

SB 506 ON THIRD READING

(Goodman - House Sponsor)

SB 506, A bill to be entitled An Act relating to suits to recover damages resulting from construction defects; providing a civil penalty.

SB 506 was passed.

SB 839 ON THIRD READING

(Burnam - House Sponsor)

SB 839, A bill to be entitled An Act relating to security bars on residential dwellings.

SB 839 was passed.

SB 1276 ON THIRD READING

(Cuellar and Siebert - House Sponsors)

SB 1276, A bill to be entitled An Act relating to a misdemeanant's liability for the cost of confinement in a county jail.

Amendment No. 1

Representatives Solomons and Cuellar offered the following amendment to SB 1276:

Amend SB 1276 on 3rd Reading as follows:

(1) Strike the language added by item (1) of the Solomons 2nd Reading Amendment and substitute "at a rate of $25 a day".

(2) Strike the language added by item (2) of the Solomons 2nd Reading Amendment and substitute "daily rate of $25".

(3) Strike SECTION 4 (House Committee Printing, page 3, lines 20 and 21, and renumber existing SECTIONS accordingly.

76th LEGISLATURE - REGULAR SESSION

Amendment No. 1 was adopted without objection.

SB 1276, as amended, was passed. (G. Lewis recorded voting no)

SB 46 ON THIRD READING

(Hinojosa and Goolsby - House Sponsors)

SB 46, A bill to be entitled An Act relating to the creation of the offense of fraudulent use or possession of identifying information.

SB 46 was passed.

SB 1132 ON THIRD READING

(Capelo - House Sponsor)

SB 1132, A bill to be entitled An Act relating to due process requirements for renewal, modification, or revocation of medical staff membership and privileges.

A record vote was requested.

SB 1132 was passed by (Record 274): 135 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Gallego; Garcia; George; Glaze; Goodman; Goolsby; Gray; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hunter; Hupp; Isett; Janek; Jones, D.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McClendon; McReynolds; Merritt; Moreno, J.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; 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; Wolens; Woolley; Yarbrough; Zbranek.

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

Absent, Excused - Bailey; Flores; Giddings; Moreno, P.; Smithee.

Absent - Edwards; Green; Heflin; Hope; Howard; Jones, C.; McCall; Oliveira; Wohlgemuth.

SB 525 ON THIRD READING

(Uher - House Sponsor)

SB 525, A bill to be entitled An Act relating to compensation and benefits for members of the state military forces and their dependents.

SB 525 was passed.

Saturday, May 8, 1999 HOUSE JOURNAL -69th Day

HB 713 - HOUSE REFUSES TO CONCUR

IN SENATE AMENDMENTS

CONFERENCE COMMITTEE APPOINTED

Representative Cuellar called up with senate amendments for consideration at this time,

HB 713, A bill to be entitled An Act relating to the Texas Gateway to the Future Grant Program and the Teach for Texas Program; consolidating financial aid, grant, and scholarship programs; and providing for the education, certification, and recruitment of teachers.

Representative Cuellar moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 713.

The motion prevailed without objection.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 713: Cuellar, chair, Rangel, Junell, F. Brown, and J. Jones.

HB 869 - HOUSE REFUSES TO CONCUR

IN SENATE AMENDMENTS

CONFERENCE COMMITTEE APPOINTED

Representative Goodman called up with senate amendments for consideration at this time,

HB 869, A bill to be entitled An Act relating to authorizing the appointment of certain visiting associate judges.

Representative Goodman moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 869.

The motion prevailed without objection.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 869: Goodman, chair, Smith, G. Lewis, Truitt, and P. King.

HB 1174 - HOUSE CONCURS IN SENATE AMENDMENTS

TEXT OF SENATE AMENDMENTS

Representative Junell called up with senate amendments for consideration at this time,

HB 1174, A bill to be entitled An Act relating to preparation of an abstract of judgment in an action to establish a lien on real property.

On motion of Representative Junell, the house concurred in the senate amendments to HB 1174.

Senate Amendment No. 1 (Senate Committee Amendment No. 1)

1. Amend HB 1174 by striking SECTION 1 and replacing it with the following:

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SECTION 1. Section 52.002(a), Property Code, is amended to read as follows:

(a) The attorney [On application ] of a person in whose favor a judgment is rendered in a small claims court or a justice court may prepare an abstract of judgment or on application of that person or of that person's agent, attorney, or assignee, the judge or justice of the peace who rendered the judgment shall prepare and deliver to the applicant an abstract of the judgment.

HB 1254 - HOUSE CONCURS IN SENATE AMENDMENTS

TEXT OF SENATE AMENDMENTS

Representative Tillery called up with senate amendments for consideration at this time,

HB 1254, A bill to be entitled An Act relating to issuance of United States passports by district clerks.

On motion of Representative Tillery, the house concurred in the senate amendments to HB 1254 by (Record 275): 140 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Gallego; Garcia; George; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; 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.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Siebert; Smith; 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; Wolens; Woolley; Yarbrough; Zbranek.

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

Absent, Excused - Bailey; Flores; Giddings; Moreno, P.; Smithee.

Absent - Howard; Oliveira; Shields; Wohlgemuth.

Senate Committee Substitute

CSHB 1254, A bill to be entitled An Act relating to issuance of United States passports by district clerks.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 51, Government Code, is amended by adding Section 51.3031 to read as follows:

Sec. 51.3031. ISSUANCE OF UNITED STATES PASSPORTS. (a) A

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district clerk may perform all duties necessary to process an application for a United States passport, including taking passport photographs.

(b) To recover the costs of taking passport photographs, a district clerk may collect a reasonable fee in an amount set by the commissioners court of the county in which the district clerk's office is located.

(c) A district clerk, after collecting a fee under Subsection (b), shall pay the fee to the county treasurer, or to an official who discharges the duties of the county treasurer, for deposit in the general fund of the county.

SECTION 2. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

HB 1373 - HOUSE CONCURS IN SENATE AMENDMENTS

TEXT OF SENATE AMENDMENTS

Representative Williams called up with senate amendments for consideration at this time,

HB 1373, A bill to be entitled An Act relating to allocation of principal and income in certain trusts.

On motion of Representative Williams, the house concurred in the senate amendments to HB 1373.

Senate Amendment No. 1 (Senate Committee Amendment No. 1)

Amend HB 1373 in SECTION 1 of the bill, Section 113.1021, Property Code on page 1, line 6, by striking "CERTAIN" and substituting "CHARITABLE".

HB 2719 - HOUSE CONCURS IN SENATE AMENDMENTS

TEXT OF SENATE AMENDMENTS

Representative Swinford called up with senate amendments for consideration at this time,

HB 2719, A bill to be entitled An Act relating to the promotion of Texas agricultural products; providing a penalty.

On motion of Representative Swinford, the house concurred in the senate amendments to HB 2719.

Senate Amendment No. 1

Amend HB 2719, adding an appropriately numbered SECTION to read as follows:

"SECTION __. This Act takes effect only if a specific appropriation for the implementation of this Act is provided in HB 1 (General Appropriations Act), Acts of the 76th Legislature, Regular Session, 1999. If no specific appropriation is provided in HB 1, the General Appropriations Act, this Act has no effect."

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RULES SUSPENDED

Representative Sadler moved to suspend the 5-day posting rule to allow the Committee on Public Education, Subcommittee on SB 103, to consider pending business and SB 103.

The motion prevailed without objection.

Representative Carter moved to suspend the 5-day posting rule to allow the Committee on Urban Affairs to consider SB 553, SB 623, SB 867, SB 1268, SB 1287, SB 1606, and SB 1703.

The motion prevailed without objection.

COMMITTEE MEETING ANNOUNCEMENTS

The following committee meetings were announced:

Judicial Affairs, on adjournment today, Desk 67, for a formal meeting, to consider HB 3854.

Local and Consent Calendars, on adjournment today, 2W.25.

Public Education, Subcommittee on SB 103, on adjournment today, Desk 102, to consider pending business (SB 103).

HB 2482 - VOTE RECORDED

I request to be recorded as voting no on HB 2482.

Nixon

STATEMENT OF VOTE

I was shown voting yes on HB 921 (Record No. 262). I intended to vote no.

Hawley

ADJOURNMENT

Representatives Chavez and J. F. Solis moved that the house adjourn until 1:00 p.m. Monday, May 10 in memory of Texas folklorist Americo Paredes.

The motion prevailed without objection.

The house accordingly, at 12:40 p.m., adjourned until 1:00 p.m. Monday, May 10.

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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:

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List No. 1

HB 3854 (by Thompson), Relating to the assignment and docketing of cases filed in Harris County statutory probate courts.

To Judicial Affairs.

SB 29 to Corrections.

SB 266 to Public Education.

SB 349 to Transportation.

SB 629 to Civil Practices.

SB 791 to Transportation.

SB 931 to Higher Education.

SB 1027 to Higher Education.

SB 1144 to Pensions & Investments.

SB 1220 to Transportation.

SB 1224 to Public Safety.

SB 1356 to Higher Education.

SB 1380 to Public Education.

SB 1511 to County Affairs.

SB 1539 to Urban Affairs.

SB 1591 to Public Health.

SB 1650 to Corrections.

SB 1665 to Natural Resources.

SB 1823 to Transportation.

SB 1828 to Human Services.

SB 1872 to Transportation.

SB 1877 to Natural Resources.

SCR 77 to Rules & Resolutions.

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APPENDIX

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STANDING COMMITTEE REPORTS

Favorable reports have been filed by committees as follows:

May 7

Appropriations - SB 1354

Civil Practices - HB 1888, HB 2399, HCR 106, HCR 120, HCR 127, SB 1204, SCR 24, SCR 33

Corrections - SB 365

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County Affairs - HB 3845, SB 338, SB 1628

Elections - HB 3206, SB 35

Higher Education - HB 3284, SB 940, SB 1183, SB 1261, SB 1651

House Administration - HB 1925, SCR 37

Human Services - SB 369, SB 374, SB 1441

Insurance - HB 476, HB 643

Judicial Affairs - HB 3650, HJR 87, SB 1388, SB 1719, SJR 9

Juvenile Justice & Family Issues - SB 368

Land & Resource Management - SB 1175

Licensing & Administrative Procedures - HB 106, SB 551, SB 603, SB 616

Pensions & Investments - HB 1236, HB 3178, SB 761, SB 805, SB 1664

Public Education - HB 3396

Public Health - HB 1646, HB 2293, HB 3302, SB 1086, SB 1260, SB 1685

State Affairs - HB 5, HB 1777, HCR 111, SB 77, SB 549, SB 583, SB 640, SB 747, SB 753, SB 1382

Urban Affairs - HB 3375, SB 264

Ways & Means - HB 1218, HB 1447, HB 1934, HJR 39, HJR 81, SB 853, SB 1166, SB 1254, SB 1359, SB 1434, SB 1641, SB 1642

ENGROSSED

May 7 - HB 143, HB 209, HB 211, HB 551, HB 731, HB 820, HB 900, HB 1444, HB 1516, HB 1860, HB 1910, HB 2371, HB 2372, HB 2909, HB 3042, HB 3059, HB 3079, HB 3132, HB 3215, HB 3516, HB 3517, HB 3582, HB 3596, HJR 16, HJR 62

ENROLLED

May 7 - HB 573, HB 1209, HB 1987

SENT TO THE GOVERNOR

May 7 - HB 221, HB 431, HB 573, HB 624, HB 870, HB 873, HB 963, HB 1138, HB 1401, HB 1643, HB 1987, HCR 115, HCR 183, HCR 185, HCR 188, HCR 194