EIGHTY-SECOND DAY (CONTINUED) - TUESDAY, MAY 25, 1999

The house met at 10 a.m. and was called to order by the speaker.

The roll of the house was called and a quorum was announced present (Record 461).

Present - Mr. Speaker; Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Counts; Crabb; Craddick; Crownover; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; 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, J.; Junell; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Absent, Excused - Corte; Jones, D.

The invocation was offered by Representative Allen.

HCR 298 - ADOPTED

(by Hochberg)

The following privileged resolution was laid before the house:

HCR 298

WHEREAS, HB 1491 has been adopted by the house of representatives and the senate; and

WHEREAS, The bill contains a technical error that should be corrected; now, therefore, be it

RESOLVED, That the enrolling clerk of the house of representatives be hereby instructed to correct HB 1491 by striking proposed Section 5.12(e), Medical Practice Act (Article 4495b, Vernon's Texas Civil Statutes), as added by Senate Floor Amendment No. 1, and substituting the following:

(e) A private medical school certified under Subsection (d) of this section must provide to the board a biennial report certifying that the school is in compliance with this section. If the board determines at any time that the

private medical school has failed to comply with this section, the board may suspend or revoke the school's certification.

HCR 298 was adopted without objection.

LEAVE OF ABSENCE GRANTED

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

Corte on motion of Hamric.

HR 1167 - ADOPTED

(by Counts)

Representative Counts moved to suspend all necessary rules to take up and consider at this time HR 1167.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 1167, Congratulating the Munday High School Mogulettes track team on winning the 1999 UIL Class 1A state championship.

HR 1167 was adopted without objection.

HCR 301 - ADOPTED

(by Craddick)

Representative Craddick moved to suspend all necessary rules to take up and consider at this time HCR 301.

The motion prevailed without objection.

The following resolution was laid before the house:

HCR 301, Congratulating Mrs. Helen Greathouse of Midland on her 90th birthday.

HCR 301 was adopted without objection.

HR 1104 - ADOPTED

(by Goolsby)

Representative Goolsby moved to suspend all necessary rules to take up and consider at this time HR 1104.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 1104, Congratulating Robert Kenneth Dittlinger on the occasion of his 51st birthday.

HR 1104 was adopted without objection.

On motion of Representative West, the names of all the members of the house were added to HR 1104 as signers thereof.

INTRODUCTION OF GUEST

The speaker recognized Representative Goolsby, who introduced Ken Dittlinger, house security officer.

HR 1091 - ADOPTED

(by Cuellar)

The following privileged resolution was laid before the house:

HR 1091

BE IT RESOLVED by the House of Representatives of the State of Texas, 76th Legislature, Regular Session, 1999, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on HB 713, relating to the establishment and operation of the Toward EXcellence, Access, & Success (TEXAS) grant program and the Teach for Texas Grant Program; consolidating and revising financial aid, grant, and scholarship programs; and providing for the education, certification, and recruitment of teachers and faculty instructors, to consider and take action on the following matters:

(1) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add additional text not included in either the house or senate version of the bill, in Section 1 of the bill, in added Sections 56.304 and 56.305, Education Code, to read as follows:

[Sec. 56.304]

(h) The coordinating board shall adopt rules to allow a person who is otherwise eligible to receive a TEXAS grant, in the event of a hardship or for other good cause shown, including a showing of a severe illness or other debilitating condition that may affect the person's academic performance or that the person is responsible for the care of a sick, injured, or needy person and that the person's provision of care may affect the person's academic performance, to receive a TEXAS grant while enrolled in a number of semester credit hours that is less than the number of semester credit hours required under Subsection (a)(5). The coordinating board may not allow a person to receive a TEXAS grant while enrolled in fewer than six semester credit hours.

[Sec. 56.305]

(g) The coordinating board shall adopt rules to allow a person who is otherwise eligible to receive a TEXAS grant, in the event of a hardship or for other good cause shown, including a showing of a severe illness or other debilitating condition that may affect the person's academic performance or that the person is responsible for the care of a sick, injured, or needy person and that the person's provision of care may affect the person's academic performance, to receive a TEXAS grant while enrolled in a number of semester credit hours that is less than the number of semester credit hours required under Subsection (a)(3). The coordinating board may not allow a person to receive a TEXAS grant while enrolled in fewer than six semester credit hours.

Explanation: This change is needed to allow the Texas Higher Education Coordinating Board to adopt rules to allow a student receiving a TEXAS grant to register for a reduced number of semester credit hours in the event of a hardship or for good cause shown.

(2) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add additional text not included in either the house or senate

version of the bill, in Section 1 of the bill, in added Section 56.305, Education Code, to read as follows:

(f) A person who is eligible to receive a TEXAS grant continues to remain eligible to receive the TEXAS grant if the person enrolls in or transfers to another eligible institution.

Explanation: This change is needed to allow a student receiving a TEXAS grant to enroll in or transfer to another institution other than the institution the student originally attended.

(3) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add additional text not included in either the house or senate version of the bill, in Section 1 of the bill, in added Section 56.307, Education Code, to read as follows:

(h) The total amount of grants that a student may receive in an academic year under this subchapter and under Section 61.221 may not exceed the maximum amount authorized under Section 61.227.

(i) A public institution of higher education may not:

(1) charge a person attending the institution who also receives a TEXAS grant an amount of tuition and required fees in excess of the amount of the TEXAS grant received by the person; or

(2) deny admission to or enrollment in the institution based on a person's eligibility to receive a TEXAS grant or a person's receipt of a TEXAS grant.

(j) An institution may use other available sources of financial aid, other than a loan or a Pell grant, to cover any difference in the amount of a TEXAS grant and the actual amount of tuition and required fees at the institution.

(k) The legislature in an appropriations act shall account for tuition and required fees received under this section in a way that does not increase the general revenue appropriations to that institution.

Explanation: This change is needed to set a maximum amount that certain students may receive under the TEXAS grant program, to restrict the amounts of tuition and fees an institution of higher education may receive from a TEXAS grant recipient, and from other sources, to clarify actions an institution may take with regard to TEXAS grant recipients, and to specify the effect of the grants on general revenue appropriations.

(4) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add additional text not included in either the house or senate version of the bill, in Section 1 of the bill, in added Subchapter M, Chapter 56, Education Code, to read as follows:

Sec. 56.311. LEGISLATIVE OVERSIGHT COMMITTEE. (a) The Legislative Oversight Committee on the TEXAS and Teach for Texas grant programs established by this subchapter is composed of six members as follows:

(1) three members of the senate appointed by the lieutenant governor; and

(2) three members of the house of representatives appointed by the speaker of the house of representatives.

(b) The committee shall:

(1) meet at least twice a year with the coordinating board; and

(2) receive information regarding rules relating to the TEXAS and Teach for Texas grant programs established by this subchapter that have been adopted by the coordinating board or proposed for adoption by the coordinating board.

(c) The committee may request reports and other information from the coordinating board relating to the operation of the TEXAS and Teach for Texas grant programs under this subchapter by the coordinating board.

(d) The committee shall review the specific recommendations for legislation related to this subchapter that are proposed by the coordinating board.

(e) The committee shall monitor the operation of the TEXAS and Teach for Texas grant programs established under this subchapter, with emphasis on the manner of the award of grants, the number of grants awarded, and the educational progress made by persons who have received grants under this subchapter.

(f) The committee shall file a report with the governor, lieutenant governor, and speaker of the house of representatives not later than December 31 of each even-numbered year.

(g) The report shall include identification of any problems in the TEXAS and Teach for Texas grant programs operated under this subchapter with recommended solutions for the coordinating board and for legislative action.

Explanation: This change is needed to create a legislative oversight committee to oversee the TEXAS and Teach for Texas grant programs.

(5) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add additional text not included in either the house or senate version of the bill, to read as follows:

SECTION 11. Sections 54.215 and . . . , Education Code, are repealed.

SECTION 15. A person receiving a scholarship or other financial assistance under Section 54.215 or 54.216, Education Code, or Subchapter G, Chapter 56, Education Code, on the effective date of this Act may continue to receive a scholarship or other financial assistance under Section 54.215 or 54.216 or under Subchapter G, Chapter 56, Education Code, as applicable to the person on the effective date, until the person is no longer eligible for the scholarship or other assistance under Section 54.215 or 54.216, Education Code, or Subchapter G, Chapter 56, Education Code, as the applicable section or subchapter exists on January 1, 1999. The costs of the scholarships or other financial assistance authorized under this section shall be covered by the TEXAS grant program established by Subchapter M, Chapter 56, Education Code, as added by this Act.

Explanation: This change is needed to abolish the student financial assistance program for certain National Guard/ROTC students and to allow existing National Guard/ROTC students to continue to receive assistance.

(6) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add additional text not included in either the house or senate version of the bill, to read as follows:

SECTION 17. (a) The Texas Higher Education Coordinating Board shall review and study the effect of the TEXAS grant program and the Teach for

Texas grant program established by Subchapter M, Chapter 56, Education Code, as added by this Act, on enrollments at institutions of higher education. The study shall determine whether there have been shifts in enrollments between universities and community colleges and whether those shifts were caused by the different grant amounts awarded to students at each institution. The report shall make recommendations for legislative changes to the methodology for calculating the amount of the grant awards, if needed.

(b) The Texas Higher Education Coordinating Board shall report its findings to the governor, the lieutenant governor, the speaker of the house of representatives, the presiding officer of each legislative committee with oversight responsibilities for higher education institutions, and the legislative oversight committee established under Subchapter M, Chapter 56, Education Code, as added by this Act, not later than December 1, 2000.

Explanation: This change is needed to allow the Texas Higher Education Coordinating Board to study and review the effects of the TEXAS grant program and the Teach for Texas grant program on enrollments at institutions of higher education.

HR 1091 was adopted without objection.

HR 1169 - ADOPTED

(by Cuellar)

Representative Cuellar moved to suspend all necessary rules to take up and consider at this time HR 1169.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 1169, Honoring Marc Trust for his award in the Letters About Literature contest.

HR 1169 was adopted without objection.

HR 1122 - ADOPTED

(by Pickett)

Representative Pickett moved to suspend all necessary rules to take up and consider at this time HR 1122.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 1122, Honoring Hector Anthony Garcia for his academic achievements.

HR 1122 was adopted without objection.

BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER

Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, House List No. 62).

(Edwards in the chair)

HR 1094 - ADOPTED

(by Junell)

The following privileged resolution was laid before the house:

HR 1094

BE IT RESOLVED by the House of Representatives of the State of Texas, 76th Legislature, Regular Session, 1999, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on HB 1945, relating to the creation of permanent funds for certain public health purposes conducted by institutions of higher education, to consider and take action on the following matters:

(1) House Rule 13, Section 9(a)(1), is suspended to permit the committee to amend text that is not in disagreement, in Section 3(b) of the bill, to read as follows:

(b) On the effective date of this Act, the comptroller shall transfer from the general revenue fund to the separate permanent endowment trust fund established by Subchapter B, Chapter 63, Education Code, as added by this Act, for each of the following institutions of higher education or components of an institution of higher education the following amounts:

. . . (12) the regional academic health center established under Section 74.611, Education Code - $20 million; and . . . .

Explanation: This change is necessary to increase the amount of the permanent endowment fund established by Subchapter B, Chapter 63, Education Code, as proposed by HB 1945, for the regional academic health center established under Section 74.611, Education Code, from $5 million to $20 million.

(2) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add text not included in either the house or senate version of the bill, in Section 3 of the bill, to read as follows:

(e) On the effective date of this Act, the comptroller shall transfer $1 million from the general revenue fund to the Texas Higher Education Coordinating Board to fund a contract with the Baylor University Medical Center in Dallas for the Institute of Metabolic Disease to study the relationship of maternal smoking and metabolic derangements to the impaired growth rate in low-weight infants, and for the Division of Prevention and Wellness to support an antitobacco task force. If the coordinating board enters into a contract under this subsection, the coordinating board shall enter into the contract in the same manner as a contract entered into under Section 61.092, Education Code, as amended by this Act.

Explanation: This change is necessary to allow the transfer of $1 million to the Texas Higher Education Coordinating Board to fund a contract with the Baylor University Medical Center in Dallas to study tobacco-related health issues and conduct related activities.

HR 1094 was adopted without objection.

(Speaker in the chair)

CAPITOL PHYSICIAN

The speaker recognized Representative F. Brown who presented Dr. Mary Helen Morrow and Dr. Garth Morgan, both of Bryan as the "Doctors for the Day."

The house welcomed Dr. Morrow and Dr. Morgan and thanked them for their participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians.

HR 1045 - ADOPTED

(by Bailey)

Representative Bailey moved to suspend all necessary rules to take up and consider at this time HR 1045.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 1045, In memory of Robert Nelson Beard of Houston.

HR 1045 was unanimously adopted by a rising vote.

HR 1046 - ADOPTED

(by Bailey)

Representative Bailey moved to suspend all necessary rules to take up and consider at this time HR 1046.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 1046, Commending Elvin Franklin, Jr., for his outstanding contributions to his profession and his community.

HR 1046 was adopted without objection.

HR 1096 - ADOPTED

(by Greenberg)

Representative Greenberg moved to suspend all necessary rules to take up and consider at this time HR 1096.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 1096, Honoring the birthdays of Matthew Alexander McManigle and Katherine Ann McManigle.

HR 1096 was adopted without objection.

HR 1098 - ADOPTED

(by Greenberg)

Representative Greenberg moved to suspend all necessary rules to take up and consider at this time HR 1098.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 1098, In memory of Pat Dobbs of Austin.

HR 1098 was unanimously adopted by a rising vote.

HR 1168 - NOTICE OF INTRODUCTION

Pursuant to the provisions of Rule 13, Section 9(f), of the House Rules, the speaker announced the introduction of HR 1168, suspending the limitations on the conferees for SJR 12.

(Speaker pro tempore in the chair)

LOCAL, CONSENT, AND RESOLUTIONS CALENDAR

SECOND READING

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

SB 15 (McCall - House Sponsor), A bill to be entitled An Act relating to the penalty for certain offenses concerning the sale of cigarettes.

SB 16 (McCall - House Sponsor), A bill to be entitled An Act relating to the participation of local law enforcement agencies in the enforcement of certain restrictions on the sale of tobacco products.

SB 17 (McCall - House Sponsor), A bill to be entitled An Act relating to certain hearings held with respect to conduct relating to the distribution or marketing of cigarettes or tobacco products.

SB 56 (Goodman - House Sponsor), A bill to be entitled An Act relating to abatement of common nuisances.

CSSB 73 (Hinojosa - House Sponsor), A bill to be entitled An Act relating to the establishment of a video teleconferencing pilot program to assist certain businesses in establishing international trade relationships.

SB 77 (Cuellar - House Sponsor), A bill to be entitled An Act relating to the making of international cooperation agreements by state agencies and political subdivisions; authorizing the issuance of bonds.

SB 81 (B. Turner - House Sponsor), A bill to be entitled An Act relating to qualifications for instructors of classroom driver education in driver education schools.

CSSB 100 (Hunter - House Sponsor), A bill to be entitled An Act relating to the design of a quarter dollar coin commemorating the State of Texas.

SB 133 (Bonnen - House Sponsor), A bill to be entitled An Act relating to the offense of retaining of lightning whelks caught in shrimp trawls.

SB 210 (Hinojosa - House Sponsor), A bill to be entitled An Act relating to directing certain higher education research programs to address environmental issues affecting the Texas-Mexico border region.

SB 247 (Hinojosa - House Sponsor), A bill to be entitled An Act relating to defense and pretrial information gathering standards for indigent people who are accused of crime.

CSSB 261 (Naishtat, et al. - House Sponsors), A bill to be entitled An Act relating to facilities and functions of facilities under the jurisdiction of the Texas Department of Mental Health and Mental Retardation.

SB 313 (Longoria - House Sponsor), A bill to be entitled An Act relating to the number of authorized defense projects within a defense readjustment zone.

SB 321 (Smithee - House Sponsor), A bill to be entitled An Act relating to collection of attorney's fees in certain contract actions.

SB 323 (Thompson - House Sponsor), A bill to be entitled An Act relating to the types of insurance covered by the program to assist persons in obtaining residential property insurance in underserved areas.

SB 332 (Cuellar - House Sponsor), A bill to be entitled An Act relating to authorizing institutions of higher education to impose a fee to support Washington, D.C., internships and abolishing the Texas-Washington, D.C., Intern Scholarship Program.

CSSB 335 (J. Solis - House Sponsor), A bill to be entitled An Act relating to a disqualification for receipt of unemployment compensation benefits for a benefit period in which the applicant for benefits works full-time.

CSSB 339 (Uresti - House Sponsor), A bill to be entitled An Act relating to the regulation of mass gatherings; imposing a penalty.

SB 340 (J. F. Solis - House Sponsor), A bill to be entitled An Act relating to the conveyance of property by a municipality to a municipally created development corporation.

CSSB 396 (Naishtat - House Sponsor), A bill to be entitled An Act relating to authorizing the conveyance of certain state property located in Howard and Tarrant counties.

SB 420 (J. Jones - House Sponsor), A bill to be entitled An Act relating to certain contracts for inmate labor and to criminal and administrative consequences for inmates who gain access to certain information while performing inmate labor.

SB 429 (Greenberg - House Sponsor), A bill to be entitled An Act relating to participation in, contributions to, and benefits and administration of retirement systems for police officers in certain municipalities.

SB 435 (Hartnett - House Sponsor), A bill to be entitled An Act relating to the deadline for the adoption of an optional exemption from ad valorem taxation on residence homesteads.

SB 436 (McReynolds - House Sponsor), A bill to be entitled An Act relating to a disclosure required in certain offers by mail to purchase mineral or royalty interests.

SB 440 (Capelo - House Sponsor), A bill to be entitled An Act relating to the review of the Texas Funeral Service Commission under the Texas Sunset Act.

LEAVE OF ABSENCE GRANTED

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

Hilbert on motion of Elkins.

SB 481 (McReynolds - House Sponsor), A bill to be entitled An Act relating to the purchase of library materials by certain institutions of higher education with constitutional funds.

SB 524 (Maxey - House Sponsor), A bill to be entitled An Act relating to certain disciplinary actions of the State Board of Dental Examiners and to public disclosure of such actions.

SB 526 (Counts - House Sponsor), A bill to be entitled An Act relating to providing tuition payment assistance to certain members of the state military forces attending public or private institutions of higher education.

SB 530 (Farrar - House Sponsor), A bill to be entitled An Act relating to the premium tax on certain life, health, and accident insurance policies.

SB 539 (Uher - House Sponsor), A bill to be entitled An Act relating to the transportation of certain persons requiring treatment for mental illness.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Gray, Representative Y. Davis offered the following committee amendment to SB 539:

Amend SB 539 on page 1, line 18 by inserting the following after the word "agency":

"not to exceed $50 if transporting within the same county, and not to exceed the reasonable cost of transportation if transporting between counties."

Amendment No. 1 was adopted without objection.

SB 556 (Hilderbran - House Sponsor), A bill to be entitled An Act relating to referrals to occupational therapists.

CSSB 562 (D. Jones - House Sponsor), A bill to be entitled An Act relating to student center fees charged at Texas Tech University.

SB 578 (Hinojosa - House Sponsor), A bill to be entitled An Act relating to the reporting of certain convictions to the Texas Department of Public Safety for the purposes of the suspension of the defendants' driver's licenses.

SB 579 (Hinojosa - House Sponsor), A bill to be entitled An Act relating to the collection of court costs in a forfeiture proceeding.

CSSB 655 (Uresti - House Sponsor), A bill to be entitled An Act relating to the creation of a defense base development authority; validating certain acts of a defense base development corporation; granting the right to issue bonds.

SB 658 (R. Lewis and Counts - House Sponsors), A bill to be entitled An Act relating to the dates by which regional and state water plans must be adopted.

SB 686 (Goodman, P. King, and A. Reyna - House Sponsors), A bill to be entitled An Act relating to a child support lien.

SB 688 (Driver - House Sponsor), A bill to be entitled An Act relating to declaring a junked motor vehicle a nuisance.

CSSB 709 (Keffer - House Sponsor), A bill to be entitled An Act relating to development regulations for certain unincorporated areas located in the watershed of Lake Granbury and the Brazos River; providing a penalty.

SB 753 (Hunter - House Sponsor), A bill to be entitled An Act relating to the application of the open meetings law to certain nonprofit health maintenance organizations.

SB 754 (Wise - House Sponsor), A bill to be entitled An Act relating to the issuance of special license plates in honor of the citrus industry in Texas.

Amendment No. 1

On behalf of Representative Gutierrez, Representative Wise offered the following amendment to SB 754:

Amend SB 754, in SECTION 1 of the bill, in proposed Section 502.299, Transportation Code, as follows:

(1) In Subsection (b)(2) (Committee Printing, page 1, lines 14-15), strike "pays the annual fee established by the department under Subsection (c)" and substitute "pays an annual fee of $30".

(2) Strike Subsection (c) (Committee Printing, page 1, lines 18-22) and substitute:

"(c) Of each fee collected under this section, the department shall deposit $25 to the credit of an account in the general revenue fund that may be appropriated only to Texas A&M University at Kingsville to provide financial assistance to graduate students in the College of Agriculture and Human Sciences. The remainder of the fee may be used only by the department to defray the cost of administering this section."

Amendment No. 1 was adopted without objection.

SB 804 (Naishtat - House Sponsor), A bill to be entitled An Act relating to developing a standard format for protective orders.

SB 840 (Hinojosa - House Sponsor), A bill to be entitled An Act relating to the automatic expunction of certain arrest records.

Amendment No. 1

On behalf of Representative Gutierrez, Representative Hinojosa offered the following amendment to SB 840:

Amend SB 840 as follows:

(1) In SECTION 2 of the bill (House Committee Report, page 7, lines 1-16), strike amended Section 4(a), Article 55.02, Code of Criminal Procedure, and substitute the following:

Sec. 4. (a) If the state establishes that the person who is the subject of an expunction order [the petitioner ] is still subject to conviction for an offense arising out of the transaction for which the person [he ] was arrested because the statute of limitations has not run and there is reasonable cause to believe that the state may proceed against the person [him ] for the offense, the court may provide in its order that the law enforcement agency and the prosecuting attorney responsible for investigating the offense may retain any records and files that are necessary to the investigation. In the case of a person who is the subject of an expunction order on the basis of an acquittal, the court may provide in the expunction order that the law enforcement agency and the prosecuting attorney retain records and files if:

(1) the records and files are necessary to conduct a subsequent investigation and prosecution of a person other than the person who is the subject of the expunction order; or

(2) the state establishes that the records and files are necessary for use in:

(A) another criminal case or matter, including a prosecution, motion to adjudicate or revoke community supervision, parole revocation hearing, mandatory supervision revocation hearing, punishment hearing, or bond hearing; or

(B) a civil case or matter, including a civil suit or suit for possession of or access to a child.

(2) In SECTION 2 of the bill, in amended Section 4(b), Article 55.02, Code of Criminal Procedure (House Committee Report, page 7, lines 20-22), strike "there is a subsequent investigation and prosecution of a person other than the person who is the subject of the expunction order" and substitute "the court provides for the retention of records and files under Subsection (a)".

(3) In SECTION 2 of the bill, in amended Section 5(c), Article 55.02, Code of Criminal Procedure (House Committee Report, page 8, lines 18-20), strike "there is a subsequent investigation and prosecution of a person other than the person who is the subject of the expunction order" and substitute "the court provides for the retention of records and files under Section (4)(a)".

Amendment No. 1 was adopted without objection.

SB 844 (Hill - House Sponsor), A bill to be entitled An Act relating to the enforcement of weight limits for motor vehicles by weight enforcement officers.

Amendment No. 1 (Committee Amendment No. 1)

Representative Hill offered the following committee amendment to SB 844:

Amend SB 844 (senate engrossment) as follows:

(1) In SECTION 1 of the bill, strike Subdivision (4) (page 1, lines 12-13) and substitute the following:

(4) a municipal police officer in a municipality with a population of:

(A) 100,000 or more; or

(B) 74,000 or more in a county with a population of more than 1.5 million; or

(2) In SECTION 2 of the bill, strike Subdivision (1) (page 1, lines 22-24) and substitute the following:

(1) to enforce this subchapter in any area of this state other than in the territory of a municipality with a population of more than:

(A) 100,000; or

(B) 74,000 in a county with a population of more than 1.5 million; and

Amendment No. 1 was adopted without objection.

SB 848 (Averitt - House Sponsor), A bill to be entitled An Act relating to the use of a scholarship fund for fifth-year accounting students.

SB 858 (Gallego - House Sponsor), A bill to be entitled An Act relating to written notice to certain parents of a public school student's unsatisfactory performance.

SB 868 (Hochberg - House Sponsor), A bill to be entitled An Act relating to the treatment of the limitation on increases in the appraised value of a residence homestead in the determination of school district property values by the comptroller of public accounts.

SB 873 (Uher and Seaman - House Sponsors), A bill to be entitled An Act relating to the regulation of aquaculture.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative J. Davis, Representative Y. Davis offered the following committee amendment to SB 873:

Amend SB 873 as follows:

On page 13, line 4, add new SECTION 10 to the bill to read as follows:

SECTION 10. Subchapter B, Chapter 26, Water Code, is amended by adding Section 26.0292 to read as follows:

Sec. 26.0292. FEES CHARGED TO AQUACULTURE FACILITIES. (a) "Aquaculture facility" means a facility engaged in aquaculture as defined in Section 134.001, Agriculture Code.

(b) Notwithstanding Sections 26.0135 and 26.0291 of this code, the combined fees charged to an aquaculture facility under those sections may not total more than five thousand dollars in any year.

(c) The commission by rule shall provide that among aquaculture facilities, the fees charged under this section are reasonably assessed according to the pollutant load of the facility.

Amendment No. 1 was adopted without objection.

Amendment No. 2 (Committee Amendment No. 2)

On behalf of Representative Kuempel, Representative Y. Davis offered the following committee amendment to SB 873:

Amend SB 873 in SECTION 2 of the bill, immediately after proposed Subsection (c), Section 134.013, Agriculture Code, by adding a new Subsection (d) to read as follows:

(d) In coordination with the department and the Parks and Wildlife Department, the Texas Natural Resource Conservation Commission shall establish guidelines relating to the report required by Subsection (b) that:

(1) give public notice as to what the reporting requirements include; and

(2) minimize duplication of reporting requirements and other requirements related to the application for a wastewater discharge permit.

Amendment No. 2 was adopted without objection.

Amendment No. 3 (Committee Amendment No. 3)

On behalf of Representative Homer, Representative Y. Davis offered the following committee amendment to SB 873:

Amend SB 873 in SECTION 6 of the bill by adding Subsections (g) and (h) to Section 134.031, Agriculture Code, as added by the bill, to read as follows:

(g) In developing the guidelines under Subsection (d) applicable to aquaculture facilities engaged in the production of shrimp in the coastal zone, the Parks and Wildlife Department, in consultation with the Texas Natural Resource Conservation Commission, shall consider the best management practices that the facilities developed under the direction of the Texas Natural Resource Conservation Commission.

(h) In the development of siting guidelines for aquaculture facilities engaged in the production of shrimp in the coastal zone, the best management practices developed by the facilities shall be considered.

Amendment No. 3 was adopted without objection.

Amendment No. 4 (Committee Amendment No. 4)

On behalf of Representative Hope, Representative Y. Davis offered the following committee amendment to SB 873:

Amend SB 873 in SECTION 2 of the bill, in amended Section 134.013, Agriculture Code, by striking Subsection (a)(2) as added by the bill and substituting the following:

(2) must provide the report described in Subsection (b) and is subject to the review described in Section 134.031(c) if the aquaculture facility applies for a site-specific discharge permit.

Amendment No. 4 was adopted without objection.

Amendment No. 5 (Committee Amendment No. 5)

On behalf of Representative Ellis, Representative Y. Davis offered the following committee amendment to SB 873:

Amend SB 873 in SECTION 7 of the bill, in amended Section 66.007, Parks and Wildlife Code, by striking Subsections (j) and (k) as added by the bill and substituting the following:

(j) Except as provided in Subsection (k), an operator of an aquaculture facility under quarantine condition may not discharge waste or another substance from the facility except with approval of the department and a

wastewater discharge authorization from the Texas Natural Resource Conservation Commission.

(k) Even if under quarantine condition, an aquaculture facility shall discharge wastewater or another substance as necessary to comply with an emergency plan that has been submitted to and approved by the department and incorporated into a wastewater discharge authorization issued by the Texas Natural Resource Conservation Commission.

Amendment No. 5 was adopted without objection.

(Seaman in the chair)

(Speaker pro tempore in the chair)

SB 896 (Carter - House Sponsor), A bill to be entitled An Act relating to municipal participation in contracted developer cost.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Clark, Representative Carter offered the following committee amendment to SB 896:

Amend SB 896, by Senator Brown as follows:

(1) On page 1, line 7, after "total" strike: "cost for public improvements necessitated by the developer".

(2) On page 1, line 7, after "total" insert: "contract price".

(3) On page 1, line 12, after "area" strike: "[contract price ]".

Amendment No. 1 was adopted without objection.

SB 901 (Smithee - House Sponsor), A bill to be entitled An Act relating to dividends payable to policyholders under certain group insurance programs.

SB 931 (Van de Putte, Rangel, Farabee, and Telford - House Sponsors), A bill to be entitled An Act relating to the support of graduate pharmacy education and resident pharmacists.

SB 939 was withdrawn.

SB 941 (Uher - House Sponsor), A bill to be entitled An Act relating to the authority of mental health professionals to form certain jointly owned entities.

CSSB 947 (Maxey - House Sponsor), A bill to be entitled An Act relating to the authority of the board of regents of The University of Texas System to increase the student union fee at The University of Texas at Austin and to the use of the student union fee. (Heflin recorded voting no)

SB 959 (J. Moreno - House Sponsor), A bill to be entitled An Act relating to the law relating to architectural barriers.

SB 959 was deferred until the end of the calendar.

CSSB 967 (Hilderbran, Naishtat, and Hill - House Sponsors), A bill to be entitled An Act relating to creating a registry for acts of misconduct for and criminal background checks on certain employees of certain health care facilities that are licensed or certified by or that contract with the state.

SB 983 (Uresti - House Sponsor), A bill to be entitled An Act relating to a branch office of a home health or personal assistance services agency.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Capelo, Representative Uresti offered the following committee amendment to SB 983:

Amend SB 983, lines 15 and 16 on page 1, by deleting the words "or allow the state to set its own driving distance requirements" after the word "agency"

Amendment No. 1 was adopted without objection.

SB 993 (Yarbrough - House Sponsor), A bill to be entitled An Act relating to the ability of children of disabled firemen and peace officers to use an exemption from tuition and fees charged by a public institution of higher education at successive institutions.

CSSB 996 (Coleman - House Sponsor), A bill to be entitled An Act relating to funeral expenses for children in foster care.

Amendment No. 1

On behalf of Representative McClendon, Representative Coleman offered the following amendment to CSSB 996:

Amend CSSB 996 House Committee Report page 1 line 2, line 6, line 8, line 12, line 13, line 15 and line 19, by replacing the word "funeral" with the word "burial".

Amend page 1, line 16 by inserting the following after the word "expenses":

not to exceed $2000 per child.

Amendment No. 1 was adopted without objection.

SB 997 (Tillery - House Sponsor), A bill to be entitled An Act relating to fees for certain veteran special license plates.

SB 1027 was withdrawn.

CSSB 1031 (Van de Putte - House Sponsor), A bill to be entitled An Act relating to weight standards for loaves of bread.

SB 1034 (Thompson - House Sponsor), A bill to be entitled An Act relating to the authority of a court of appeals to purchase or acquire liability insurance.

SB 1070 (R. Lewis - House Sponsor), A bill to be entitled An Act relating to the creation of an administrative penalty for certain violations relating to the production of oil and gas. (Heflin recorded voting no)

SB 1092 (Oliveira and J. Solis - House Sponsors), A bill to be entitled An Act relating to the creation of a development corporation for spaceport facilities; granting the power of eminent domain and the right to issue bonds.

SB 1099 (B. Turner - House Sponsor), A bill to be entitled An Act relating to excavation operations of employees of the Texas Department of Transportation.

SB 1131 (Capelo - House Sponsor), A bill to be entitled An Act relating to advanced practice nurses and physician assistants; providing penalties.

Amendment No. 1 (Committee Amendment No. 1)

Representative Capelo offered the following committee amendment to SB 1131:

Amend SB 1131 by adding SECTIONS 6 and 7 that reads as follows and renumbering remaining SECTIONS accordingly:

SECTION 6. Section 8, Article 4514, Revised Statutes, is amended by adding subsection (c) to read as follows:

(c) An advanced practice nurse's signature attesting to the provision of a service the advanced practice nurse is legally authorized to provide shall satisfy any documentation requirement for that service established by a state agency.

SECTION 7. Section 12, Physician Assistant Licensing Act (Article 4495b-1, Vernon's Revised Texas Civil Statutes) is amended by adding subsection (d) to read as follows:

(d) A physician assistant's signature attesting to the provision of a service the physician assistant is legally authorized to provide shall satisfy any documentation requirement for that service established by a state agency.

Amendment No. 1 was adopted without objection.

CSSB 1133 (Lengefeld - House Sponsor), A bill to be entitled An Act relating to the procurement by a governmental entity of certain professional services.

SB 1157 (Hamric - House Sponsor), A bill to be entitled An Act relating to the reporting of certain convictions to the Department of Public Safety of the State of Texas.

SB 1176 (Van de Putte - House Sponsor), A bill to be entitled An Act relating to the issuance of special license plates in honor of the YMCA in Texas.

CSSB 1178 was withdrawn.

SB 1184 (R. Lewis - House Sponsor), A bill to be entitled An Act relating to the activities permitted under certain liquefied petroleum gas licenses.

(Edwards in the chair)

HR 1165 - ADOPTED

The chair moved to suspend all necessary rules to take up and consider at this time HR 1165.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 1165, Honoring Mary Elizabeth "Tipper" Gore.

HR 1165 was read and was adopted without objection.

INTRODUCTION OF GUEST

The chair introduced the Second Lady of the United States, Tipper Gore.

Mrs. Gore addressed the house briefly.

LOCAL, CONSENT, AND RESOLUTIONS CALENDAR

(consideration continued)

(Speaker pro tempore in the chair)

CSSB 1195 (Hamric - House Sponsor), A bill to be entitled An Act relating to retainage on certain highway contracts.

SB 1215 (Farrar and Hinojosa - House Sponsors), A bill to be entitled An Act relating to the release of confidential information obtained in connection with certain presentence investigations and postsentence reports.

SB 1261 (Rangel - House Sponsor), A bill to be entitled An Act relating to the appointment of faculty members to certain curriculum advisory committees of the Texas Higher Education Coordinating Board and to the development of field of study curricula by the board.

Amendment No. 1 (Committee Amendment No. 1)

Representative Rangel offered the following committee amendment to SB 1261:

Amend SB 1261, in SECTION 3 of the bill, in the first sentence of amended Section 61.823(a), Education Code (Engrossed Printing page 2, line 8), strike "may [shall ]" and substitute "shall"

Amendment No. 1 was adopted without objection.

SB 1294 (Maxey - House Sponsor), A bill to be entitled An Act relating to billing medical patients.

SB 1297 (R. Lewis - House Sponsor), A bill to be entitled An Act relating to registering pipeline operators with the Railroad Commission of Texas.

SB 1301 (R. Lewis - House Sponsor), A bill to be entitled An Act relating to water conservation measures required in a county during a declared drought disaster.

SB 1304 (Crownover - House Sponsor), A bill to be entitled An Act relating to the control of aflatoxin.

SB 1323 (Hilderbran - House Sponsor), A bill to be entitled An Act relating to requiring certain plats for the subdivision of land to include proof of groundwater supply.

SB 1363 (McReynolds - House Sponsor), A bill to be entitled An Act relating to the acquisition of library materials by a junior college district.

SB 1434 (Puente - House Sponsor), A bill to be entitled An Act relating to the retention or refund of certain money collected or received by a state agency.

SB 1443 (by Dukes), A bill to be entitled An Act relating to the application of municipal zoning authority to certain private property.

SB 1447 (Dukes - House Sponsor), A bill to be entitled An Act relating to the requirements for identifying former municipal landfills and notifying the owners of the overlaying property.

CSSB 1451 (Capelo - House Sponsor), A bill to be entitled An Act relating to the disposition of surplus and salvage property of certain institutions of higher education.

SB 1472 (Dutton - House Sponsor), A bill to be entitled An Act relating to the age at which a student may take the high school equivalency examination and the age of compulsory attendance in public school.

SB 1486 (Hinojosa - House Sponsor), A bill to be entitled An Act relating to an audit of the proceeds of criminal asset forfeitures.

SB 1508 was withdrawn.

SB 1520 (Elkins - House Sponsor), A bill to be entitled An Act relating to the authority of certain cities, counties, districts, authorities, agencies, and nonprofit corporations to enter into lease-leaseback transactions.

Amendment No. 1 (Committee Amendment No. 1)

Representative Elkins offered the following committee amendment to SB 1520:

Amend SB 1520 in SECTION 1 of the bill, in added Subdivision (8), Article 717q, Vernon's Texas Civil Statutes (Engrossed Printing, page 3, line 1), immediately following the last sentence, by adding the following:

A lease-leaseback agreement must be approved by a majority of the voters within the boundaries of the issuer if the agreement:

(A) involves a pledge of tax revenue; and

(B) is executed on or after September 1, 1999.

Amendment No. 1 was adopted without objection.

SB 1563 (Cuellar - House Sponsor), A bill to be entitled An Act relating to establishing customer service standards and performance measures for state agencies.

Amendment No. 1

On behalf of Representative Cook, Representative Cuellar offered the following amendment to SB 1563:

Amend SB 1563 as follows:

1. In SECTION 1 of the bill, in new Section 2113.002 (b), Government Code, (House Committee Report, page 1, line 17), between "groups" and "regarding", insert "or other appropriate methods approved by the Governor's Office of Budget and Planning and the Legislative Budget Board."

2. In SECTION 1 of the bill, in new Section 2113.002 (b), Government Code, (House Committee Report page 1, line 19), strike "must" and insert "shall be as specified by the Governor's Office of Budget and Planning and the Legislative Budget Board and may...

3. In SECTION 1 of the bill, in new Section 2113.006 (c), Government Code, (House Committee Report, page 4, line 1), between "Planning" and the ".", insert "and Legislative Budget Board".

4. In SECTION 1 of the bill, (House Committee Report, page 4, between lines 9 and 10), insert new subsection (d) to read as follows:

(d) Each agency that maintains a web site shall publish its Compact With Texans on that web site.

5. In SECTION 1 of the bill (House Committee Report, page between lines 9 and 10), insert the following new Section 2113.007:

Sec. 2113.007. RULEMAKING AUTHORITY. (a) The Governor's Office of Budget and Planning may adopt rules to implement this Chapter.

(b) In developing the rules the Office shall consult with and consider the comments of the Legislative Budget Board.

6. In SECTION 2 (b) of the bill, (House Committee Report, page 4 line 17), between "a" and "report" insert "two volume".

7. In SECTION 2 (c) of the bill, (House Committee Report, page 4, lines 21-25)strike subdivisions (1) and (2) and substitute the following:

"(1) a compilation of each agency's customer service performance standards; and

(2) an analysis of agencies' customer service performance standards and recommendations for improving customer service and customer service standards by state agencies."

Amendment No. 1 was adopted without objection.

SB 1576 (Allen - House Sponsor), A bill to be entitled An Act relating to notifying local law enforcement officials of the release of certain gang members from the institutional division of the Texas Department of Criminal Justice. (G. Lewis recorded voting no)

SB 1579 (Hinojosa - House Sponsor), A bill to be entitled An Act relating to the creation of the offense of soliciting membership in a criminal street gang. (G. Lewis recorded voting no)

Amendment No. 1

On behalf of Representative Gutierrez, Representative Hinojosa offered the following amendment to SB 1579:

Amend SB 1579 (House Committee Printing) as follows:

(1) In added Section 71.022 (a), Penal Code, (page 1, lines 11 and 12), strike "which constitutes an offense under this code or other law" and substitute "which constitutes an offense punishable as a Class A misdemeanor or a felony".

(2) In added Section 71.022 (b), Penal Code, (page 1, lines 13 and 14), strike "a Class A misdemeanor or felony offense" and substitute "an offense".

Amendment No. 1 was adopted without objection.

SB 1586 (Hilderbran, Naishtat, and Maxey - House Sponsors), A bill to be entitled An Act relating to the establishment of a program in which vouchers are used for payment of certain services provided to persons with disabilities.

CSSB 1588 (Maxey - House Sponsor), A bill to be entitled An Act relating to fraud control procedures for the Medicaid managed care program.

SB 1589 (Maxey - House Sponsor), A bill to be entitled An Act relating to fraudulent claims for medical or health care benefits submitted under certain state programs.

SB 1606 was withdrawn.

SB 1610 (Flores - House Sponsor), A bill to be entitled An Act relating to insurance credit for the use of compressed air foam technology in fire-fighting equipment.

SB 1613 (Chavez - House Sponsor), A bill to be entitled An Act relating to requiring the Texas Commission on the Arts to develop a five-year program to promote the development of the arts in certain counties.

SB 1628 (P. King - House Sponsor), A bill to be entitled An Act relating to the operation of the Muenster Hospital District.

SB 1641 (T. King - House Sponsor), A bill to be entitled An Act relating to the appraisal of property for ad valorem tax purposes.

SB 1656 (Eiland - House Sponsor), A bill to be entitled An Act relating to creating a recognition day on February 19 in honor of Texas joining the Union.

SB 1657 (Smithee - House Sponsor), A bill to be entitled An Act relating to the compensation of an officer, trustee, or director of a domestic insurance company.

SB 1676 (Deshotel - House Sponsor), A bill to be entitled An Act relating to the ingredients used in the production of alcoholic beverages.

SB 1730 (Hinojosa - House Sponsor), A bill to be entitled An Act relating to contracts between commissioners courts and private vendors for certain corrections facilities.

SB 1742 (Pitts - House Sponsor), A bill to be entitled An Act relating to certain proceedings in a foreclosure action.

SB 1747 (Gray - House Sponsor), A bill to be entitled An Act relating to the funding of the Seaborne Conservation Corps or a similar program at Texas A&M University at Galveston.

SB 1780 (J. Solis - House Sponsor), A bill to be entitled An Act relating to the creation of the high priority program fund to support vocational and technical education.

CSSB 1784 (J. Moreno - House Sponsor), A bill to be entitled An Act relating to school district use of community-based dropout recovery education programs to provide alternative education programs for certain students.

SB 1789 (Keel - House Sponsor), A bill to be entitled An Act relating to the duties and authority of the Crime Stoppers Advisory Council; providing a criminal penalty.

Amendment No. 1

On behalf of Representative Cook, Representative Keel offered the following amendment to SB 1789:

Amend SB 1789 (House Committee printing) as follows:

Amend Sec. 414.002 (c) as follows:

(c) The term of office of a member is four [two ] years.

Add a new SECTION 2 as follows:

SECTION 2. At their first meeting after this Act takes effect, the members of the advisory council shall draw for three terms expiring September 1, 2000 and two terms expiring September 1, 2001.

Renumber subsequent section.

Amendment No. 1 was adopted without objection.

CSSB 1804 (Greenberg - House Sponsor), A bill to be entitled An Act relating to the calculation of the rollback tax rate of a taxing unit in certain circumstances.

SB 1807 (Williams - House Sponsor), A bill to be entitled An Act relating to the administration, powers, including taxing powers, operations, and financing of the Town Center Improvement District of Montgomery County, Texas.

SB 1807 - STATEMENT OF LEGISLATIVE INTENT

REPRESENTATIVE CHRISTIAN: Mr. Williams, does SB 1807 apply to the Texas highway system?

REPRESENTATIVE WILLIAMS: This bill does not apply to the our state highway system, Mr. Christian.

CHRISTIAN: Thank you, Mr. Williams.

REMARKS ORDERED PRINTED

Representative Christian moved to print remarks by Representative Williams and Representative Christian.

The motion prevailed without objection.

SB 1819 (Puente House Sponsor), A bill to be entitled An Act relating to the identification of technical education programs that are needed to maintain and improve the state's economic and technological competitiveness.

SB 1822 (B. Turner House Sponsor), A bill to be entitled An Act relating to the creation, administration, powers, duties, operations, and financing of Horseshoe Bay Water Control and Improvement District No. 1, Horseshoe Bay Water Control and Improvement District No. 2, and Horseshoe Bay Water Control and Improvement District No. 3; granting authority for taxation and bonds and the power of eminent domain.

SB 1853 (Rangel House Sponsor), A bill to be entitled An Act relating to reports on the degree, certificate, or other enrollment status of public junior college students.

SB 1855 (Zbranek House Sponsor), A bill to be entitled An Act relating to the creation, administration, powers, duties, functions, operations, and financing of the Tarkington Special Utility District; granting the power of eminent domain and the authority to issue bonds; authorizing a tax.

Amendment No. 1

On behalf of Representative McClendon, Representative Zbranek offered the following amendment to SB 1855:

Amend SB 1855 by striking all above the enacting clause (House Committee Report, page 1, lines 14) and substituting "relating to the creation, administration, powers, duties, functions, operations, and financing of the Tarkington Special Utility District.".

Amendment No. 1 was adopted without objection.

SB 1870 (Hardcastle House Sponsor), A bill to be entitled An Act relating to the duty of the Stamford Hospital District to provide for the payment of debts and obligations prior to its dissolution.

SCR 6 (Glaze House Sponsor), requesting the governor, lieutenant governor, and speaker of the house to establish a Blue Ribbon Task Force to study the uninsured issue. (Heflin recorded voting no)

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Tillery, Representative Glaze offered the following committee amendment to SCR 6:

Amend SCR 6, on page 2, between lines 19 and 20, to read as follows:

"RESOLVED, that the Blue Ribbon Task Force is directed to perform targeted studies of the unique problems faced by Texans lacking health coverage that also suffer from asthma, cardiovascular disease, smoking related illnesses or diabetes; review demographic trends of data, as specific as possible, relating to the uninsured population; examine other states' programs, laws and systems to address the lack of affordable health coverage; evaluate existing programs in Texas that address the uninsured and indigent health care needs, including government, public, and private initiatives; and develop a marketbased improvement plan, including financing tools and models, to ensure that Texans have access to affordable health care coverage; and be it further"

Amendment No. 1 was adopted without objection.

SCR 7 (Hilderbran and Uresti House Sponsors), memorializing Congress to provide lifetime healthcare for military retirees over the age of 65.

SCR 21 (Thompson House Sponsor), directing the Office of Court Administration to report to the Legislature on costs of filing multiparty lawsuits.

SCR 34 (Uher House Sponsor), supporting the Texas Lone Star Chapter of the Korean War Veterans Association in their efforts to clarify that the Korean War was a war, not a conflict.

SCR 37 (D. Jones House Sponsor), creating a special committee to designate two Poets Laureate for the State of Texas to serve a term of one year.

SCR 38 (Haggerty and Chavez House Sponsors), showing the Legislature's support for the renewal of the McGregor Range Military Land Withdrawal (P.L. 99606).

SCR 52 (Wohlgemuth House Sponsor), designating Clifton, Texas, as the Norwegian Capital of Texas.

SCR 68 (Counts House Sponsor), creating a interim study committee to coordinate emergency efforts during floods and other natural disasters.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative R. Lewis, Representative Cook offered the following committee amendment to SCR 68:

Amend SCR 68 as follows:

On page 2, line 7, strike the word "and" and insert ", and the Texas Department of Transportation" after the word "Office"

On page 2, line 14, after the word "the" insert "Texas Department of Transportation,"

On page 2, line 17, strike "Texas Natural Resource Conservation Commission" and substitute "Division of Emergency Management"

Amendment No. 1 was adopted without objection.

ADDENDUM TO LOCAL, CONSENT,

AND RESOLUTIONS CALENDAR

Pursuant to House Rule 6, Section 13, the house granted unanimous consent on May 24 for the following bills to be added to the calendar:

SB 230 (Crabb House Sponsor), A bill to be entitled An Act relating to a uniform written jury summons.

SB 1180 (G. Lewis and Hinojosa House Sponsors), A bill to be entitled An Act relating to certain duties of county bail bond boards.

SB 1477 (Hilbert House Sponsor), A bill to be entitled An Act relating to requiring certified food managers in certain counties.

Amendment No. 1 (Committee Amendment No. 1)

Representative Hilderbran offered the following committee amendment to SB 1477:

Amend SB 1477 in SECTION 1 of the bill, in amended Section 437.0123(a), Health and Safety Code (senate engrossment page 1, lines 11 and 12), by striking "the operating hours" and substituting "each day of operation".

Amendment No. 1 was adopted without objection.

SB 959 (J. Moreno House Sponsor), A bill to be entitled An Act relating to the law relating to architectural barriers.

SB 959 was on the calendar earlier today and was deferred until this time.

SB 959 was read second time and was passed to third reading.

SB 939 OBJECTIONS WITHDRAWN

Objections were withdrawn to SB 939 which was previously withdrawn from the local, consent, and resolutions calendar.

SB 939 (Goolsby House Sponsor), A bill to be entitled An Act relating to the safe use and regulation of fireworks.

SB 939 was read second time and was passed to third reading. (Heflin, Hupp, Shields, and Talton recorded voting no)

SB 230 VOTE RECONSIDERED

Representative Crabb moved to reconsider the vote by which SB 230 was passed to third reading.

The motion to reconsider prevailed.

SB 230 ON SECOND READING

(Crabb House Sponsor)

SB 230, A bill to be entitled An Act relating to a uniform written jury summons.

Amendment No. 1

On behalf of Representatives Garcia and Gutierrez, Representative Crabb offered the following amendment to SB 230:

Amend SB 230 in SECTION 1 of the bill (House Committee Printing, page 1, lines 910) by striking Section 62.0131(b), Government Code, as added by the bill and substituting the following:

(b) The model must include:

(1) the exemptions and restrictions governing jury service under Subchapter B; and

(2) the information under Chapter 122, Civil Practice and Remedies Code, relating to the duties of an employer with regard to an employee who is summoned for jury service.

Amendment No. 1 was adopted without objection.

SB 230, as amended, was passed to third reading.

HR 1172 ADOPTED

(by Chavez)

Representative Chavez moved to suspend all necessary rules to take up and consider at this time HR 1172.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 1172, Honoring and welcoming members of El Paso's Sageland Elementary School's Girl Power! group.

HR 1172 was read and was adopted without objection.

COMMITTEE MEETING ANNOUNCEMENTS

The following committee meetings were announced:

State Affairs, on adjournment today, Desk 71, for a formal meeting.

Rules and Resolutions, on adjournment today, Desk 133, for a formal meeting, to consider the calendar.

ADJOURNMENT

Representative Wolens moved that the house adjourn until 1:45 p.m. today.

The motion prevailed without objection.

The house accordingly, at 1:21 p.m., adjourned until 1:45 p.m. today.

----------------

ADDENDUM

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SIGNED BY THE SPEAKER

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

House List No. 62

HB 617, HB 820, HB 855, HB 937, HB 1016, HB 1018, HB 1151, HB 1418, HB 1428, HB 1475, HB 1494, HB 1628, HB 1678, HB 1687, HB 1869, HB 1987, HB 2070, HB 2165, HB 2187, HB 2255, HB 2609, HB 2653, HB 2877, HB 2909, HB 3130, HB 3467, HB 3504, HB 3623