SEVENTIETH DAY (CONTINUED) - TUESDAY, MAY 11, 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 282).

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

Absent - Alvarado; Bailey; Capelo; Puente; Thompson.

The invocation was offered by Representative Edwards.

(Puente now present)

CAPITOL PHYSICIAN

The speaker recognized Representative Keffer who presented Dr. Robert Matthews of Eastland as the "Doctor for the Day."

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

(Capelo now present)

HR 234 - ADOPTED

(by Hunter)

Representative Hunter moved to suspend all necessary rules to take up and consider at this time HR 234.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 234, Honoring the women of West Texas Women on the Move for their visionary leadership in behalf of African-American women.

HR 234 was adopted without objection.

HR 768 - ADOPTED

(by Hunter)

Representative Hunter moved to suspend all necessary rules to take up and consider at this time HR 768.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 768, In memory of Frederich L. Gerlach of Abilene.

HR 768 was unanimously adopted by a rising vote.

HCR 272 - ADOPTED

(by Hinojosa)

Representative Hinojosa moved to suspend all necessary rules to take up and consider at this time HCR 272.

The motion prevailed without objection.

The following resolution was laid before the house:

HCR 272, Directing the South Texas Independent School District to establish an Advanced Technology and Engineering Center.

HCR 272 was adopted without objection.

HCR 267 - ADOPTED

(by Coleman)

Representative Edwards moved to suspend all necessary rules to take up and consider at this time HCR 267.

The motion prevailed without objection.

The following resolution was laid before the house:

HCR 267, Honoring the 25th season of the Houston Shakespeare Festival.

HCR 267 was adopted without objection.

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 59 (by Cuellar), A bill to be entitled An Act relating to making a voter information guide for judicial elections available to the public on the Internet. (Corte recorded voting no)

HB 287 (by Wise, Chavez, Dunnam, and Green), A bill to be entitled An Act relating to the prosecution of and punishment for an offense in which a controlled substance is used to facilitate the commission of the offense.

CSHB 306 (by Madden), A bill to be entitled An Act relating to certain practices and procedures involving polling places used for an election; providing a criminal penalty.

HB 435 (by B. Turner, Walker, Cook, Swinford, Culberson, et al.), A bill to be entitled An Act relating to the punishment for certain theft committed against elderly individuals.

CSSB 135 (Olivo - House Sponsor), in lieu of HB 572, A bill to be entitled An Act relating to the creation of a county court at law in Fort Bend County.

Representative Howard moved to lay HB 572 on the table subject to call.

The motion prevailed without objection.

CSHB 618 (by Dukes), A bill to be entitled An Act relating to written notice from superintendents to parents on whether teachers are appropriately certified by the state. (Corte recorded voting no)

CSHB 633 (by Maxey), A bill to be entitled An Act relating to the transfer of assistive technology devices for students with disabilities who leave certain school districts.

HB 658 (by Keel), A bill to be entitled An Act relating to the exclusion of certain criminal proceedings from the proceedings that may be referred to a criminal law magistrate in Travis County.

SB 843 (Hill - House Sponsor), in lieu of HB 767, A bill to be entitled An Act relating to the authority of certain municipalities to receive sales tax information.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative McCall, Representative Hill offered the following committee amendment to SB 843:

Amend SB 843 in Section 321.3022(a), Tax Code, as amended by the bill (Engrossed Version, page 1, line 8), by striking "not more than 100,000" and substituting "not more than 275,000".

Amendment No. 1 was adopted without objection.

Representative Hill moved to lay HB 767 on the table subject to call.

The motion prevailed without objection.

CSHB 847 (by Hilderbran), A bill to be entitled An Act relating to the creation, administration, powers, duties, operation, and financing of the Blanco-Pedernales Groundwater Conservation District.

Amendment No. 1

On behalf of Representative T. King, Representative Hilderbran offered the following amendment to CSHB 847:

Amend CSHB 847 on page 5, line 26, by striking "10" and substituting "one".

Amendment No. 1 was adopted without objection.

Amendment No. 2

On behalf of Representative T. King, Representative Hilderbran offered the following amendment to CSHB 847:

Amend CSHB 847 on page 5, after line 27, by adding a new SECTION 14 to the bill to read as follows and renumbering subsequent sections appropriately:

SECTION 14. WELL PERMITTING. Section 36.113, Water Code, applies only to wells in the district dug and put into production after the effective date of this Act.

Amendment No. 2 was adopted without objection.

Amendment No. 3

On behalf of Representative T. King, Representative Hilderbran offered the following amendment to CSHB 847:

Amend CSHB 847 by adding a new SECTION to the bill, appropriately numbered, to read as follows:

SECTION ____. EXEMPTION OF CERTAIN LAND FROM REGULATION. Land within the district that is outside a subdivision is exempt from regulation by the district if the land is appraised under Subchapter C or D, Chapter 23, Tax Code.

Amendment No. 3 was adopted without objection.

HB 926 (by Garcia), A bill to be entitled An Act relating to the penalty for tampering with certain governmental records.

CSHB 937 (by Maxey), A bill to be entitled An Act relating to the operation of certain food programs administered by the Texas Department of Human Services. (Corte recorded voting no)

HB 947 (by Palmer), A bill to be entitled An Act relating to the criminal penalty for a violation of law relating to the regulation of fireworks.

(Thompson now present)

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Smith, Representative Palmer offered the following committee amendment to HB 947:

Amend HB 947 by adding the following appropriately numbered sections:

SECTION ____. Section 19, Article 5.43-4, Insurance Code, is amended to read as follows:

Sec. 19. PENALTIES. (a) A person commits an offense if the person knowingly or intentionally violates Section 17 of this article.

(b) [An offense under this section is a Class B misdemeanor.

[(c) ] Each day that a violation occurs or continues constitutes a separate offense.

(c) [(d) ] Venue under this section is in the county in which the offense is committed or in Travis County.

(d) [(e) ] If the commissioner determines that a violation of this article creates a threat to the public safety, the commissioner may bring suit in the district court of the county in which the person who committed the offense resides or has an office to enjoin the person from engaging in the prohibited activity. The commissioner is not required to give bond as a condition to the issuance of injunctive relief.

(e) [(f) ] The state fire marshal, a fire chief, a fire marshal, their deputies, or a police or peace officer may seize illegal fireworks as defined by this article. Fireworks seized in the enforcement of this article shall be kept in the custody of the seizing agent or the sheriff of the county in which the fireworks were seized. The owner of the seized fireworks may file an action contesting the seizure in a district court in the county in which the fireworks were seized. The court may, not later than the 30th day after the hearing on the seizure, authorize the return of part or all of the confiscated fireworks. The court shall order any fireworks not returned to be destroyed. If an action contesting the seizure is not filed by the 30th day after the seizure, the seizing agent or the sheriff shall destroy the fireworks.

(f) Except as provided by Subsections (g) and (h) of this section, an offense under this section is a Class B misdemeanor.

(g) Except as provided by Subsection (h) of this section, a violation of Section 17(f)(1), (2), (3), (4), or (5) of this article is a Class C misdemeanor.

(h) If it is shown at the trial of an offense described by Subsection (g) of this section that the act constituting the offense resulted in property damage of at least $200 or more or in bodily injury or death, the offense is a Class B misdemeanor.

SECTION ____. (a) The change in law made by this Act to Section 19, Article 5.43-4, Insurance Code, applies only to an offense committed on or after the effective date of this Act. For the purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before that date.

(b) An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose.

Amendment No. 1 was adopted without objection.

CSHB 955 (by Uher), A bill to be entitled An Act relating to providing parties with notice of the attorney of record representing the office of attorney general.

CSHB 969 (by Van de Putte), A bill to be entitled An Act relating to the definition under certain health benefit plans of treatment for craniofacial abnormalities of a child.

HB 1070 (by Merritt, Ellis, Berman, Noriega, Cook, et al.), A bill to be entitled An Act relating to parking privileges of a disabled veteran.

CSHB 1104 (by Dunnam and A. Reyna), A bill to be entitled An Act relating to parental involvement programs in public schools.

HB 1140 (by Thompson), A bill to be entitled An Act relating to notice to voter registrars concerning persons convicted of a felony.

CSHB 1271 (by Dutton), A bill to be entitled An Act relating to the enforcement of an order for the payment of attorney's fees in certain proceedings.

HB 1291 (by Brimer), A bill to be entitled An Act relating to the single certification of a water or sewer utility in an area incorporated or annexed by a municipality.

CSHB 1321 (by P. King, Green, and Morrison), A bill to be entitled An Act relating to the authority of a magistrate to impose certain reasonable conditions of bond and to revoke a bond for violation of one of those conditions.

HB 1428 (by Staples), A bill to be entitled An Act relating to the prosecution of and the punishment for the offense of unlawful restraint.

HB 1545 (by Danburg and Uresti), A bill to be entitled An Act relating to accessibility standards at polling places and precinct convention places for the elderly and persons with physical disabilities.

HB 1562 (by E. Reyna), A bill to be entitled An Act relating to matters that may be referred to a criminal law magistrate in Dallas County.

CSHB 1575 (by Maxey), A bill to be entitled An Act relating to double parking in a central business district.

CSHB 1628 (by Maxey), A bill to be entitled An Act relating to requiring a health insurer to provide certain information to governmental entities with which the insurer contracts.

CSHB 1666 (by Green), A bill to be entitled An Act relating to the operation of the Nixon Hospital District of Gonzales and Wilson Counties, Texas, and Gonzales Healthcare Systems.

HB 1743 (by Shields, et al.), A bill to be entitled An Act relating to the registration and the transfer of motor vehicles owned by certain persons on active duty in the armed forces of the United States.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Alexander, Representative Shields offered the following committee amendment to HB 1743:

HB 1743 line 6, page 2 is amended to read: "period of not more than 90 days after the date on which the person vehicle"

Amendment No. 1 was adopted without objection.

HB 1754 (by Hill), A bill to be entitled An Act relating to summoning prospective jurors to justice court.

HB 1769 (by C. Jones), A bill to be entitled An Act relating to a going out of business sale.

HB 1800 (by Eiland), A bill to be entitled An Act relating to the transfer by the General Land Office to the City of Texas City the state's interest in certain real property.

CSHB 1852 (by Thompson), A bill to be entitled An Act relating to the administration of decedents' estates.

Amendment No. 1

On behalf of Representative Gutierrez, Representative Hartnett offered the following amendment to CSHB 1852:

Amend HB 1852 by adding an appropriately numbered section to the bill to read as follows and by renumbering the existing sections of the bill accordingly:

SECTION ____. Section 10B, Texas Probate Code, is amended to read as follows:

Sec. 10B. COMMUNICATIONS OR RECORDS RELATING TO DECEDENT'S CONDITION BEFORE DEATH. Notwithstanding the Medical Practice Act (Article 4495b, Vernon's Texas Civil Statutes), a person who is a party to a will contest or a proceeding in which a party relies on the mental or testamentary capacity of a decedent before the decedent's death as part of the party's claim or defense is entitled to production of all communications or records relevant to the decedent's condition before the decedent's death. On receipt of a subpoena of communications or records under this section and proof of filing of the will contest or proceeding, by file-stamped [certified ] copy, the appropriate physician, hospital, medical facility, custodian of records, or other person in possession of the communications or records shall release the communications or records to the party requesting the records without further authorization.

Amendment No. 1 was adopted without objection.

HB 1906 (by West), A bill to be entitled An Act relating to special license plates benefiting parks, fisheries, and wildlife.

HB 1991 (by Dunnam), A bill to be entitled An Act relating to appeal of certain court orders and judgments relating to arbitration.

HB 2023 (by Carter), A bill to be entitled An Act relating to the authority of the Commission on Law Enforcement Officer Standards and Education to employ and commission peace officers.

Amendment No. 1

Representative Carter offered the following amendment to HB 2023:

Amend HB 2023 in SECTION 1 of the bill by striking added Section 415.016, Government Code, and adding a new SECTION 415.016 to read as follows:

Sec. 415.016. AUTHORITY TO COMMISSION INVESTIGATORS AS PEACE OFFICERS. The commission may commission certified peace officers as investigators employed by the commission for the limited purpose of assisting the commission in administering this chapter.

Amendment No. 1 was adopted without objection.

CSHB 2050 (by Thompson), A bill to be entitled An Act relating to the regulation of the practice of acupuncture.

CSHB 2051 (by Thompson), A bill to be entitled An Act relating to classes of business for small employer health benefit plans.

Amendment No. 1

On behalf of Representative Gutierrez, Representative Thompson offered the following amendment to CSHB 2051:

Amend CSHB 2051 on page 1, lines 11 and 12, by striking "the number of employees and dependents," and inserting "[the number of employees and dependents ]".

Amendment No. 1 was adopted without objection.

CSHB 2057 (by Yarbrough), A bill to be entitled An Act relating to the form for an application for an early voting ballot to be voted by mail.

Amendment No. 1

On behalf of Representative Carter, Representative Yarbrough offered the following amendment to CSHB 2057:

Amend CSHB 2057 by striking all below the enacting clause and substituting the following:

SECTION 1. Section 84.001, Election Code, is amended to read as follows:

Sec. 84.001. APPLICATION REQUIRED. (a) To be entitled to vote an early voting ballot by mail, a person who is eligible for early voting must make an application for an early voting ballot to be voted by mail as provided by this title.

(b) An application must be in writing and signed by the applicant.

(c) An applicant is not required to use an official application form.

(d) An applicant may not use an application form that is furnished to the applicant unless the application form is printed or stamped with the name and official title of the early voting clerk as addressee and the clerk's official mailing address.

(e) An applicant for a ballot to be voted by mail may apply for ballots for the main election and any resulting runoff election on the same application. The timeliness of the application for both elections is determined in relation to the main election. However, if the application is not timely for the main election, the timeliness of the application for the runoff election is determined in relation to that election.

(f) [(e) ] A person who has not made an application as provided by this title is not entitled to receive an early voting ballot to be voted by mail.

SECTION 2. This Act takes effect September 1, 1999.

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.

Amendment No. 1 was adopted without objection.

CSHB 2075 (by Hochberg), A bill to be entitled An Act relating to the public notice required to be provided by a school district before adopting a proposed budget and tax rate.

CSHB 2101 (by Pitts), A bill to be entitled An Act relating to compliance by financial institutions with requests relating to judgment debtors.

CSHB 2103 (by Pitts and West), A bill to be entitled An Act relating to state symbols and place designations adopted by the legislature.

HB 2125 (by E. Reyna), A bill to be entitled An Act relating to creating the offense of stealing or receiving a stolen check or sight order.

HB 2130 (by Carter), A bill to be entitled An Act relating to disposition of out of county crimes.

HB 2151 (by Bosse), A bill to be entitled An Act relating to immunity from liability of a member of the board of directors of a public facility corporation.

Amendment No. 1 (Committee Amendment No. 1)

Representative Bosse offered the following committee amendment to HB 2151:

Amend HB 2151, SECTION 1, by striking new Subsection (g) of Section 3.028, and replacing it with a new (g) to read as follows:

(g) A member of a corporation's board of directors is granted the same immunity from liability as is granted under the laws of this state to a member of the governing body of the sponsor of the corporation if the director was acting in good faith and in the course and scope of the duties or functions within the corporation.

Amendment No. 1 was adopted without objection.

CSHB 2152 (by P. King, et al.), A bill to be entitled An Act relating to a partial lump-sum distribution on retirement from the Texas County and District Retirement System.

HB 2163 (by Farabee), A bill to be entitled An Act relating to the name of certain political committees.

HB 2188 (by Hinojosa), A bill to be entitled An Act relating to the procedure for accepting a plea of guilty or nolo contendere from certain misdemeanants.

HB 2234 (by Denny and B. Brown), A bill to be entitled An Act relating to the distance between certain pits that are part of quarrying operations and adjacent property.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative B. Turner, Representative Denny offered the following committee amendment to HB 2234:

Amend HB 2234 on page 1, Section 1, line 12, by striking the following language:

"1.5 times the vertical distance from the original ground surface to the top of the consolidated material, plus"

Amendment No. 1 was adopted without objection.

HB 2269 (by Hamric, Allen, Naishtat, Dukes, and B. Turner), A bill to be entitled An Act relating to the exemption from ad valorem taxation of property owned by certain charitable organizations performing certain functions.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Oliveira, Representative Hamric offered the following committee amendment to HB 2269:

Amend HB 2269 by striking page 5, line 24, through page 6, line 2, and substituting the following:

(20) providing housing on a cooperative basis to students of an institution of higher education if:

(A) the organization is exempt from federal income taxation under Section 501(a) of the Internal Revenue Code of 1986, and its subsequent amendments, by being listed as an exempt entity under Section 501(c)(3) of that code;

(B) membership in the organization is open to all students enrolled in the institution and is not limited to those chosen by current members of the organization;

(C) the organization is governed by its members; and

(D) the members of the organization share the responsibility for managing the housing.

Amendment No. 1 was adopted without objection.

SB 1196 (McCall - House Sponsor), in lieu of HB 2288, A bill to be entitled An Act relating to consent to the purchase or application for, and designation of owners or beneficiaries of, certain life insurance policies.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Olivo, Representative McCall offered the following committee amendment to SB 1196:

Amend SB 1196 by inserting a new SECTION 2 of the bill to read as follows (page 3, between lines 17 and 18, senate engrossment printing) and renumbering the subsequent SECTIONS of the bill appropriately:

SECTION 2. The purpose of this Act is to clarify existing law and practice as it relates to consent to the ownership of, or status as a beneficiary under, a life insurance policy. This Act is not intended to alter or modify the meaning of, or law relating to, former Section 4, Chapter 113, Acts of the 53rd Legislature, Regular Session, 1953 (Article 3.49-1, Vernon's Texas Insurance Code), as that section existed immediately before the effective date of this Act.

Amendment No. 1 was adopted without objection.

Representative McCall moved to lay HB 2288 on the table subject to call.

The motion prevailed without objection.

SB 940 (Green - House Sponsor), in lieu of CSHB 2302, A bill to be entitled An Act relating to student fees for bus services at Southwest Texas State University.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Rangel, Representative Green offered the following committee amendment to SB 940:

Amend SB 940 (Senate engrossment) in Section 2 of the bill, as follows:

(1) Immediately following the last sentence of the section (page 1, line 12), add the following:

Beginning with that semester, an increase in the fee imposed under Section 54.511, Education Code, takes effect only if the fee increase is approved by a vote of the students as required by Section 54.511(b), as amended by this Act.

Amendment No. 1 was adopted without objection.

Representative Green moved to lay CSHB 2302 on the table subject to call.

The motion prevailed without objection.

HB 2317 (by Hartnett), A bill to be entitled An Act relating to venue in an action concerning a trust.

HB 2344 (by Culberson), A bill to be entitled An Act relating to the transfer of funds to optional retirement programs for certain employees of public schools.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Greenberg, Representative Culberson offered the following committee amendment to HB 2344:

(Page 1, Line 10) Delete the word "third" and replace it with the word "fifth".

(Page 2, Line 5) Delete the word "third" and replace it with the word "fifth".

Amendment No. 1 was adopted without objection.

HB 2346 (by Culberson), A bill to be entitled An Act relating to periods of limitation for a felony involving leaving the scene of an accident.

CSHB 2380 (by Burnam), A bill to be entitled An Act relating to ad valorem tax revenues collected by the assessor-collector of certain counties and to interest on those revenues.

CSHB 2394 (by Maxey), A bill to be entitled An Act relating to the regulation of the practice of optometry.

CSHB 2491 (by Yarbrough and Gray), A bill to be entitled An Act relating to the inspection of the premises of sexually oriented businesses for a violation of law.

CSHB 2495 (by Farabee, Maxey, and Edwards), A bill to be entitled An Act relating to the use of a prescription drug formulary by a group health benefit plan.

HB 2534 (by Thompson), A bill to be entitled An Act relating to the appointment of retired or former judges as visiting judges of certain courts.

HB 2554 (by C. Jones), A bill to be entitled An Act relating to special registration and license plates for members of the Air Forces Escape & Evasion Society.

CSHB 2557 (by Glaze), A bill to be entitled An Act relating to the application of the open meetings law and the open records law to certain entities eligible to receive funds under the federal community services block grant program.

CSHB 2616 (by Counts), A bill to be entitled An Act relating to the Garza County Health Care District.

HB 2655 (by Elkins), A bill to be entitled An Act relating to repossession of a motor vehicle for repair charges.

HB 2659 was withdrawn.

HB 2688 (by A. Reyna), A bill to be entitled An Act relating to a temporary order in a suit affecting the parent-child relationship.

CSHB 2759 (by Deshotel), A bill to be entitled An Act relating to the prostate cancer education program.

CSHB 2768 (by Pickett), A bill to be entitled An Act relating to the issuance of special license plates for passenger cars and light trucks owned by or used for the transportation of veterans with disabilities.

HB 2795 (by Naishtat), A bill to be entitled An Act relating to notice and hearing for the appointment of a guardian for incapacitated persons.

CSHB 2822 (by Deshotel), A bill to be entitled An Act relating to the fees charged by a county clerk for probate filings.

CSHB 2825 (by Isett and C. Jones), A bill to be entitled An Act relating to the definitions of various types of weapons for the purposes of criminal prosecutions and to a defense to prosecution for certain weapon offenses.

SB 1719 (Uher - House Sponsor), in lieu of HB 2863, A bill to be entitled An Act relating to the salary of a retired or former judge or justice assigned to a district court.

Representative Y. Davis moved to lay HB 2863 on the table subject to call.

The motion prevailed without objection.

CSHB 2868 (by Capelo), A bill to be entitled An Act relating to provision of certain information by a large employer health insurance carrier to an insured large employer.

HB 2870 (by Capelo and Goodman), A bill to be entitled An Act relating to the grounds for an appeal or a postconviction writ of habeas corpus brought by a child.

CSHB 2871 (by Capelo and Goodman), A bill to be entitled An Act relating to the funding and construction of post-adjudication facilities for certain children.

CSHB 2890 (by Bonnen), A bill to be entitled An Act relating to the report, delivery, and claims process for unclaimed property held by certain local governments.

CSHB 2892 (by Hartnett), A bill to be entitled An Act relating to the procedures for returning an absent patient to a facility for court-ordered treatment or care.

HB 2910 (by Naishtat), A bill to be entitled An Act relating to contracts for special features of the telecommunications relay access service.

CSHB 2915 (by Pitts), A bill to be entitled An Act relating to the powers and duties of the executive director of the workforce development division of the Texas Workforce Commission.

CSHB 2920 (by Pitts), A bill to be entitled An Act relating to the operation of a motorcycle on a public street or highway.

HB 2961 (by D. Jones), A bill to be entitled An Act relating to the board of hospital managers of the Lubbock County Hospital District.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Krusee, Representative D. Jones offered the following committee amendment to HB 2961:

1. Amend SECTION 1 of HB 2961 as follows:

(a) In page 1, line 16, insert "ex-officio" between "one" and "member".

(b) In page 1, line 17, insert the following after "members.":

"The ex-officio member appointed by the Texas Tech University board of regents shall have all powers of a member of the board, except that the member may not vote. The ex-officio member shall attend executive sessions of the board, shall have access to all documents reviewed or considered by the board or its staff, and shall have any and all other powers of a member of the board with the exception of voting."

Amendment No. 1 was adopted without objection.

HB 2971 (by Staples), A bill to be entitled An Act relating to the training required to be appointed as a county jailer.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Ramsay, Representative Staples offered the following committee amendment to HB 2971:

Amend HB 2971 as follows:

(1) On page 1, line 24, strike "and is not required to be licensed by the commission under Section 415.051".

(2) At the end of Subsection (d), add "Examinations under Section 415.056 and Psychological and Physical Examination under Section 415.057 shall apply."

Amendment No. 1 was adopted without objection.

HB 2977 was previously passed.

CSHB 2996 (by Culberson), A bill to be entitled An Act relating to use of certain devices to prevent operation of improperly parked vehicles.

CSHB 2997 (by Culberson), A bill to be entitled An Act relating to the recognition of certain symbols of the State of Texas and to the designation of various recognition days.

CSHB 3114 (by Uresti), A bill to be entitled An Act relating to authorizing counties to permit certain veterans to park free of charge in county parking facilities.

CSHB 3173 (by Hartnett), A bill to be entitled An Act relating to the duty of an officer to deposit certain money in the county treasury.

CSHB 3204 (by Danburg), A bill to be entitled An Act relating to the election of members of the board of trustees of certain independent school districts.

HB 3230 (by Capelo), A bill to be entitled An Act relating to the selection of alternate jurors to serve during the term of a grand jury.

CSHB 3239 (by Denny), A bill to be entitled An Act relating to parental access to school board meetings.

HB 3257 (by Homer), A bill to be entitled An Act relating to allowing certain political subdivisions to change the date of the general election for officers.

CSHB 3281 (by Maxey and Chisum), A bill to be entitled An Act relating to the authority of a state agency to report to a regulated entity on violations of certain environmental or health and safety laws in order to help prevent future violations.

HB 3342 (by Naishtat), A bill to be entitled An Act relating to the eligibility of certain persons to hold a driver's license.

CSHB 3343 (by Naishtat), A bill to be entitled An Act relating to receiverships for certain missing persons.

CSHB 3355 (by Staples), A bill to be entitled An Act relating to the responsibility for transporting certain juvenile offenders.

SB 1446 (Maxey, Krusee, Dukes, Greenberg, and Naishtat - House Sponsors), in lieu of HB 3419, A bill to be entitled An Act relating to authorizing the General Services Commission to convey certain state-owned property to the City of Austin.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Krusee, Representative Maxey offered the following committee amendment to SB 1446:

Amend SB 1446, as engrossed, page 1, line 5 as follows:

Sec. 1. (a) The General Services Commission, subject to the approval of the Legislative Budget Board and Office of the Governor, may convey, on behalf of the state, the state's interest in the real property described by Subsection (e) of this section to the City of Austin.

Amendment No. 1 was adopted without objection.

Representative Maxey moved to lay HB 3419 on the table subject to call.

The motion prevailed without objection.

CSHB 3431 (by Delisi, Junell, and Luna), A bill to be entitled An Act relating to the Council on Workforce and Economic Competitiveness.

CSHB 3450 (by Hilderbran and Naishtat), A bill to be entitled An Act relating to the collection of civil penalties assessed against a convalescent or nursing home or related institution.

CSHB 3451 (by Hilderbran and Naishtat), A bill to be entitled An Act relating to arbitration to resolve certain matters relating to nursing homes and related institutions.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Goodman, Representative Hilderbran offered the following committee amendment to HB 3451:

Amend HB 3451, as filed, as follows:

On page 2, line 4 strike SECTION 4 of the bill and substitute a new SECTION 4, to read as follows: "SECTION 4. Section 242.094, Health and Safety Code, is amended by adding Subsection (f) to read as follows:

(f) A court having jurisdiction of a judicial review of the matter may not order arbitration, whether on motion of any party or on the court's own motion, to resolve the legal issues of a dispute involving the:

(1) appointment of a trustee under this section; or

(2) conduct with respect to which the appointment of trustee is sought."

Amendment No. 1 was adopted without objection.

HB 3452 (by Hilderbran), A bill to be entitled An Act relating to binding arbitration to resolve certain disputes involving certain residential and custodial facilities licensed by the Texas Department of Human Services.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Nixon, Representative Hilderbran offered the following committee amendment to HB 3452:

Amend HB 3452, as filed, as follows:

On page 1, at the end of line 22, add: "If a civil penalty is requested after the initial filing of a Section 242.094 lawsuit through the filing of an amended or supplemental pleading, an affected institution must elect arbitration not later than the 10th day after the date on which the amended or supplemental pleading is served on the affected institution or its counsel."

Amendment No. 1

Amendment No. 2 (Committee Amendment No. 2)

On behalf of Representative Nixon, Representative Hilderbran offered the following committee amendment to HB 3452:

Amend HB 3452, as filed, as follows:

On page 2, line 4, strike subsection (d) and substitute a new subsection (d) to read as follows:

(d) Arbitration may not be used to resolve a dispute related to an affected institution that has had an award levied against it in the previous five years.

Amendment No. 2 was adopted without objection.

HB 3467 was previously passed.

CSHB 3480 (by Greenberg and Seaman), A bill to be entitled An Act relating to the membership of a local workforce development board.

HB 3584 (by Flores and Wise), A bill to be entitled An Act relating to dependent coverage under certain group health benefit plans. (Corte and Swinford recorded voting no)

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Wise, Representative Flores offered the following committee amendment to HB 3584:

Amend HB 3584:

On page 3, line 18 Sec. 3.(1) insert "a dependent of the enrollee and is [younger than 25 years of age; ]".

Representative Flores moved to table Amendment No. 1.

The motion to table prevailed.

HB 3590 (by Keel), A bill to be entitled An Act relating to an exception for peace officers from private security consultant registration requirements.

HB 3604 (by Uresti), A bill to be entitled An Act relating to the imposition of sanctions by a court on a person who signs a pleading or motion.

CSHB 3606 (by Salinas and Uresti), A bill to be entitled An Act relating to licensing requirements for alternative education programs that provide chemical dependency treatment services.

CSHB 3616 (by Hilbert), A bill to be entitled An Act relating to amending a petition for judicial review of certain ad valorem tax determinations.

HB 3630 (by Naishtat), A bill to be entitled An Act relating to guardianships for incapacitated persons.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Hartnett, Representative Naishtat offered the following committee amendment to HB 3630:

Amend HB 3630 on page 1, line 12, by striking "proposed wards" and substituting "proposed wards who are indigent".

Amendment No. 1 was adopted without objection.

CSHB 3641 (by B. Turner), A bill to be entitled An Act relating to the suspension, revocation, cancellation, and certain other actions in connection with a license to operate a motor vehicle on a highway in this state.

CSHB 3642 (by B. Turner), A bill to be entitled An Act relating to certain administrative procedures of the Teacher Retirement System of Texas.

CSHB 3660 (by Maxey and Keel), A bill to be entitled An Act relating to service credit under the Teacher Retirement System of Texas for certain work experience of certified career and technology education teachers.

CSHB 3744 (by Greenberg), A bill to be entitled An Act relating to the issuance of special license plates in honor of the 100th football season of Stephen F. Austin High School in Austin.

CSHB 3773 (by Greenberg), A bill to be entitled An Act relating to credit in and benefits and administration of retirement systems for police officers in certain municipalities.

HB 3794 (by Zbranek), A bill to be entitled An Act relating to the authority of certain counties to impose a county hotel occupancy tax throughout the county.

HB 3803 (by Smithee), A bill to be entitled An Act relating to the appointment of a bailiff for the County Court at Law of Randall County.

CSHB 3804 (by Crownover), A bill to be entitled An Act relating to the Lake Cities Municipal Utility Authority; granting the power of eminent domain; authorizing an ad valorem tax; and granting the authority to issue bonds.

CSHB 3805 (by Gallego), A bill to be entitled An Act relating to the creation of the Middle Pecos Groundwater Conservation District.

CSHB 3808 (by Hilderbran), A bill to be entitled An Act relating to the creation, administration, powers, duties, operation, and financing of the Bergesland Groundwater Conservation District.

CSHB 3813 (by Kuempel), A bill to be entitled An Act relating to the creation of the Southeast Trinity Groundwater Conservation District.

HB 3824 (by J. Solis), A bill to be entitled An Act relating to the Laguna Madre Water District.

HB 3825 (by Counts), A bill to be entitled An Act relating to the jurisdiction of the County Court of King County.

HB 3826 (by Counts), A bill to be entitled An Act relating to the jurisdiction of the County Court of Baylor County.

HB 3827 (by Counts), A bill to be entitled An Act relating to the jurisdiction of the County Court of Cottle County.

HB 3828 (by Counts), A bill to be entitled An Act relating to the jurisdiction of the County Court of Knox County.

CSHB 3844 (by Junell), A bill to be entitled An Act relating to the creation, administration, powers, duties, operation, and financing of the Lone Wolf Groundwater Conservation District.

CSHB 3846 (by R. Lewis), A bill to be entitled An Act relating to the composition of the board of directors of the Sabine River Authority of Texas.

CSHB 3848 (by Flores), A bill to be entitled An Act relating to the creation, administration, powers, duties, operation, and financing of the Red Sands Groundwater Conservation District in Hidalgo County.

HB 3850 (by Uher), A bill to be entitled An Act relating to the creation of the Coastal Plains Groundwater Conservation District and the authorization of the district to impose an ad valorem tax.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Walker, Representative Y. Davis offered the following committee amendment to HB 3850:

Amend HB 3850 as follows:

(1) On page 2, line 9, delete subsection (b) in its entirety.

(2) On page 5, line 18, delete "fifth" and substitute "second"

Amendment No. 1 was adopted without objection.

HCR 12 (by Averitt), Designating the city of Marlin as the Official Hot Mineral Water City of Texas.

CSHCR 124 (by Seaman, Luna, and Capelo), Designating the Asian Cultures Museum & Educational Center the Official State Museum of Asian Cultures.

RULES SUSPENDED

On motion of Representative Y. Davis and by unanimous consent, the following bills were added to the Local, Consent, and Resolutions Calendar for today.

CSHB 628 (by Hope, et al.), A bill to be entitled An Act relating to the creation of the offense of failing to stop or report the aggravated sexual assault of a child.

CSHB 643 (by Flores), A bill to be entitled An Act relating to reporting of certain information by an insurer to a credit reporting bureau.

CSHB 1563 (by Bosse), A bill to be entitled An Act relating to prohibiting the recording of a plat or replat of a subdivision of real property if ad valorem taxes are delinquent.

HB 1798 (by P. King, Morrison, et al.), A bill to be entitled An Act relating to the prosecution of theft of services provided at certain service establishments.

CSHB 1925 (by Carter), A bill to be entitled An Act relating to the display of the Flag of the State of Texas at the capitol building.

HB 1934 (by G. Lewis), A bill to be entitled An Act relating to tax increment financing.

CSHB 2162 (by Naishtat), A bill to be entitled An Act relating to the process for preparing a development plan before certain state-owned real property is offered for sale or lease.

CSHB 2276 (by Madden and Pitts), A bill to be entitled An Act relating to the period for filing an application for a place on the general primary election ballot in 2000 and to related dates and deadlines.

SB 1154 (Williams, Coleman, Woolley, et al. - House Sponsors), in lieu of CSHB 2761, A bill to be entitled An Act relating to the establishment of regional development agreements between certain municipalities and special districts.

Representative Williams moved to lay HB 2761 on the table subject to call.

The motion prevailed without objection.

CSHB 2937 (by B. Turner), A bill to be entitled An Act relating to the duties of the district attorney for the 35th Judicial District.

CSHB 3178 (by G. Lewis), A bill to be entitled An Act relating to coverage for certain health benefits under the Texas State College and University Employees Uniform Insurance Benefits Act.

CSHB 3284 (by Van de Putte), A bill to be entitled An Act relating to the establishment and use of a women's athletic development fund and a study of women's athletic development practices at institutions of higher education. (Swinford recorded voting no)

CSHB 3351 (by B. Turner), A bill to be entitled An Act relating to providing a county notice of the issuance of a permit to transport a manufactured house.

CSHB 3437 (by Isett), A bill to be entitled An Act relating to certain records and fees involving abandoned property.

HB 3650 (by Hartnett), A bill to be entitled An Act relating to reimbursement of expenses of jurors; increasing and reallocating reimbursement.

CSHB 3833 (by Corte), A bill to be entitled An Act relating to the creation, administration, powers, duties, operation, and financing of the Trinity Glen Rose Groundwater Conservation District.

CSHB 3845 (by Zbranek), A bill to be entitled An Act relating to the creation of the Southeast Texas Agricultural Development District; granting the right to issue bonds.

HB 3849 (by Swinford), A bill to be entitled An Act relating to the name and powers of, and the validation of certain acts of, the North Plains Ground Water Conservation District No. Two.

HB 3854 (by Thompson), A bill to be entitled An Act relating to the assignment and docketing of cases filed in Harris County statutory probate courts.

HCR 111 (by Noriega), naming the state building at 5425 Polk Avenue in Houston the Elias Ramirez Building.

SB 1154 - STATEMENT OF LEGISLATIVE INTENT

SB 1154 provides specific legislative authorization for interlocal governmental agreements to defer annexation and it limits the authority of certain municipalities to annex property described in such an agreement.

Some limitations on the ability of a home-rule municipality to contract away or limit its fundamental powers for the benefit of private parties currently exist. However, the promotion of interlocal governmental efficiency and cooperation has been a longstanding goal of the legislature. The Interlocal Cooperation Act and the Stategic Partnership Agreement Act were enacted by the legislature in furtherance of this goal. Agreements between local governments which provide for the effective and cost-efficient delivery of local governmental services are and should be distinguishable from agreements limiting local government authority in order to confer special privileges of benefits on private parties. Proper interlocal governmental agreements have gained a growing acceptance in our courts, and this bill would further authorize, promote, and encourage such agreements.

If it is finally determined that a regional development agreement is invalid or unenforceable on the basis that it improperly limits the governmental authority of a party, SB 1154 exercises the power of the legislature to limit the home rule power of annexation under certain limited circumstances so as to provide a safety net for parties entering into or relying upon regional development agreements.

Williams

Coleman

(Capelo in the chair)

INTRODUCTION OF GUEST

The chair recognized Representative Noriega, who introduced Ann Mulholland Collum.

HR 857, honoring Ann Mulholland Collum for her many years of service to Texas education, having been previously adopted, was read.

HR 890 - ADOPTED

(by J. Moreno)

Representative J. Moreno moved to suspend all necessary rules to take up and consider at this time HR 890.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 890, Celebrating the birth of Hanna Ray Homer.

HR 890 was read and was adopted without objection.

On motion of Representative Van de Putte, the names of all the members of the house were added to HR 890 as signers thereof.

INTRODUCTION OF GUESTS

The chair recognized Representative J. Moreno, who introduced Representative Homer, his wife Jennifer, and their daughter, Hanna Ray Homer.

(Speaker pro tempore in the chair)

ADJOURNMENT

Representative Alexander moved that the house adjourn until 12 noon.

The motion prevailed without objection.

The house accordingly, at 11:58 a.m., adjourned until 12 noon.