Day84



	EIGHTY-FOURTH DAY - WEDNESDAY, MAY 26, 1999 The house met at 3:25 p.m. and was called to order by the speaker pro tempore. The roll of the house was called and a quorum was announced present (Record 475). 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; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; 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; Crownover; Garcia; Jones, D. MESSAGE FROM THE SENATE A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 3). LEAVES OF ABSENCE GRANTED On motion of Representative Y. Davis and by unanimous consent, all members who were granted leaves of absence on the previous legislative day were granted leaves for this legislative day. RULES SUSPENDED Representative Y. Davis moved to suspend all necessary rules in order to take up and consider at this time, on third reading and final passage, the bills on the local, consent, and resolutions calendar which were considered on the previous legislative day. The motion prevailed without objection.



	MOTION FOR ONE RECORD VOTE On motion of Representative Y. Davis and by unanimous consent, the house agreed to use the first record vote taken for all those bills on the local, consent, and resolutions calendar that require a record vote on third reading and final passage, with the understanding that a member may record an individual vote on any bill with the journal clerk. LOCAL, CONSENT, AND RESOLUTIONS CALENDAR THIRD READING The following bills which were considered on second reading on the previous legislative day on the local, consent, and resolutions calendar were laid before the house, read third time, and passed by a voice vote (members registering votes are shown following bill number): SB 24 SB 92 SB 105 SB 154 SB 155 SB 191 SB 223 SB 229 SB 329 SB 337 SB 399 SB 408 SB 421 SB 432 SB 469 SB 542 SB 570 SB 571 SB 581 SB 602 SB 607 SB 624 SB 673 SB 694



	SB 724 SB 762 SB 773 SB 788 SB 830 SB 867 SB 870 SB 881 SB 917 SB 932 (Chavez - no) SB 984 SB 1001 SB 1007 SB 1013 SB 1073 SB 1085 SB 1097 SB 1100 SB 1106 SB 1150 SB 1169 SB 1171 SB 1183 SB 1192 SB 1209 SB 1224 SB 1232 SB 1233 SB 1239 SB 1249 SB 1257 SB 1320 SB 1426



	SB 1427 SB 1428 SB 1429 SB 1435 SB 1464 SB 1507 SB 1553 SB 1577 SB 1670 SB 1724 SB 1726 SB 1741 SB 1751 SB 1766 SB 1816 SB 1832 SB 1833 SB 1840 SB 1841 SB 1901 SB 1906 SB 376 SB 874 SB 1436 SB 1703 SB 1775 SB 1824 SB 1127 ON THIRD READING (Brimer - House Sponsor) SB 1127, A bill to be entitled An Act relating to the purchase of goods and services by the state. Amendment No. 1 Representative Y. Davis offered the following amendment to SB 1127: Amend SB 1127 on 3rd reading by striking the text of the Solomons amendment no. 2 adopted on 2nd reading. Amendment No. 1 was adopted without objection.



	The following bills which were considered on second reading on the previous legislative day on the local, consent, and resolutions calendar were laid before the house, read third time, and passed by (Record 476): 144 Yeas, 0 Nays, 2 Present, not voting (members registering votes and the results of the vote are shown following bill number). Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; 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.; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek. Present, not voting - Mr. Speaker; Uher(C). Absent, Excused - Corte; Crownover; Garcia; Jones, D. SB 1127 (144-0-2) SB 74 (144-0-2) SB 104 (144-0-2) SB 132 (144-0-2) SB 153 (144-0-2) SB 214 (144-0-2) SB 272 (144-0-2) SB 338 (144-0-2) SB 383 (144-0-2) SB 391 (144-0-2) SB 416 (144-0-2) SB 463 (144-0-2) SB 476 (144-0-2) SB 484 (144-0-2) SB 510 (144-0-2)



	SB 576 (144-0-2) SB 609 (144-0-2) SB 657 (144-0-2) SB 751 (144-0-2) SB 777 (Isett - no) (143-1-2) SB 779 (144-0-2) SB 824 (144-0-2) SB 836 (144-0-2) SB 875 (144-0-2) SB 899 (144-0-2) SB 930 (144-0-2) SB 1026 (144-0-2) SB 1084 (144-0-2) SB 1088 (144-0-2) SB 1089 (144-0-2) SB 1091 (144-0-2) SB 1238 (144-0-2) SB 1511 (144-0-2) SB 1580 (144-0-2) SB 1595 (144-0-2) SB 1623 (144-0-2) SB 1651 (144-0-2) SB 1677 (144-0-2) SB 1846 (144-0-2) SB 1866 (144-0-2) SB 1896 (144-0-2) SB 611 (144-0-2) SB 760 (144-0-2) SB 995 (144-0-2) BILLS AND JOINT RESOLUTIONS ON FIRST READING AND REFERRAL TO COMMITTEES RESOLUTIONS REFERRED TO COMMITTEES Bills and joint resolutions were at this time laid before the house, read first time, and referred to committees. Resolutions were at this time laid before



	the house and referred to committees. (See the addendum to the daily journal, Referred to Committees, List No. 1.) (Speaker in the chair) HR 1212 - ADOPTED (by Junell) The following privileged resolution was laid before the house: HR 1212 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 SB 177, relating to codification of certain provisions in the General Appropriations Act that authorize, restrict, or prohibit expenditures by public entities, to consider and take action on the following matter: House Rule 13, Section 9(a)(4), is suspended to permit the committee to add a new section to the bill to read as follows: SECTION ____. Subchapter F, Chapter 2054, Government Code, is amended by adding Section 2054.1185 to read as follows: Sec. 2054.1185. DELAY OF TECHNOLOGY INITIATIVE. (a) A state agency may request permission from the Legislative Budget Board and the budget division of the governor's office to delay implementation of a technology initiative, including a major information resources project as defined by Section 2054.118, if the implementation would significantly interfere with the state agency's ability to prepare adequately for the millennium date change and its attendant problems. (b) A request for permission for a delay must be submitted in writing to the Legislative Budget Board and the budget division of the governor's office. Those entities may require the requesting state agency to provide any information the entities consider necessary for the proper evaluation of the request and may require the department or any other state agency to assist in evaluating the request. (c) If the Legislative Budget Board and the budget division of the governor's office determine that a state agency has provided sufficient evidence of a need for a delay in implementation of a technology initiative, the agency shall be notified in writing of the determination and shall be permitted to delay implementation for the time specified by the Legislative Budget Board and the budget division of the governor's office. Explanation: This addition is necessary to ensure computer compatibility with the millennium date change. HR 1212 was adopted without objection. (Ramsay in the chair) HR 1215 - ADOPTED (by Janek) The following privileged resolution was laid before the house:



	HR 1215 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 610, relating to health care providers under certain health benefit plans, to consider and take action on the following matter: 1. House Rule 13, Section 9(a)(1) is suspended to permit the committee to change the text of Section 18B(d), Texas Health Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance Code), in SECTION 1 of the bill, so that the subsection reads as follows: (d) If a prescription benefit claim is electronically adjudicated and electronically paid, and the health maintenance organization or its designated agent authorizes treatment, the claim must be paid not later than the 21st day after the treatment is authorized. Explanation: This change is necessary to clarify that the subsection applies to prescription benefit claims that are both electronically adjudicated and paid and that payment of the claims must be made not later than the 21st day after a specified date. 2. House Rule 13, Section 9(a)(1) is suspended to permit the committee to change the text of Section 3A(d), Article 3.70-3C, Insurance Code, as added by Chapter 1024, Acts of the 75th Legislature, Regular Session, 1997, in SECTION 2 of the bill, so that the subsection reads as follows: (d) If a prescription benefit claim is electronically adjudicated and electronically paid, and the preferred provider or its designated agent authorizes treatment, the claim must be paid not later than the 21st day after the treatment is authorized. Explanation: This change is necessary to clarify that the subsection applies to prescription benefit claims that are both electronically adjudicated and paid and that payment of the claims must be made not later than the 21st day after a specified date. HR 1215 was adopted without objection. HR 1216 - ADOPTED (by Pitts) Representative Pitts moved to suspend all necessary rules to take up and consider at this time HR 1216. The motion prevailed without objection. The following resolution was laid before the house: HR 1216, In memory of Steve Kelley of Waxahachie. HR 1216 was unanimously adopted by a rising vote. HCR 303 - ADOPTED (by Craddick) Representative Craddick moved to suspend all necessary rules to take up and consider at this time HCR 303.



	The motion prevailed without objection. The following resolution was laid before the house: HCR 303, Honoring Leland and Patsy Kelley on their 50th wedding anniversary. HCR 303 was adopted without objection. MAJOR STATE CALENDAR SENATE BILLS THIRD READING The following bills were laid before the house and read third time: SB 1130 ON THIRD READING (Greenberg and Telford - House Sponsors) SB 1130, A bill to be entitled An Act relating to programs and systems administered by the Employees Retirement System of Texas. SB 1130 was passed. SB 1130 - STATEMENT BY REPRESENTATIVE GREENBERG For the record I would like to clarify that this bill does not threaten the spirit of open records. While there is language in this bill to protect the confidentiality of individual medical records, ERS is still required to make numerous reports to various oversight entities based on aggregate information on cost containment efforts and claims experience. Greenberg SB 1911 ON THIRD READING (Walker and R. Lewis - House Sponsors) SB 1911, A bill to be entitled An Act relating to the creation, administration, powers, duties, operation, and financing of certain groundwater conservation districts. SB 1911 was passed. (Speaker in the chair) SB 955 ON THIRD READING (Greenberg - House Sponsor) SB 955, A bill to be entitled An Act relating to pre-reading instruction and the provision of scholarships, bonuses, wage supplementation, and student loan repayment assistance for certain professional child-care workers. SB 955 was passed. SB 731 ON THIRD READING (Goodman - House Sponsor) SB 731, A bill to be entitled An Act relating to structured settlements. Amendment No. 1 Representative Goodman offered the following amendment to SB 731:



	Amend SB 731, on third reading, by striking all below the enacting clause and substituting the following: SECTION 1. Title 6, Civil Practice and Remedies Code, is amended by adding Chapter 139 to read as follows: CHAPTER 139. PERSONAL INJURY TO CERTAIN PERSONS SUBCHAPTER A. GENERAL PROVISIONS Sec. 139.001. DEFINITIONS. In this chapter: (1) "Claimant" means a person described by Section 139.002 (1) or (2) who makes a claim to which this chapter applies. (2) "Incapacitated person" has the meaning assigned by Section 601, Texas Probate Code. Sec. 139.002. SCOPE OF CHAPTER. This chapter applies only to a suit on a claim for damages arising from personal injury: (1) to an incapacitated person; or (2) in which the personal injury has resulted in the substantial disablement of the injured person. [Sections 139.003-139.100 reserved for expansion] SUBCHAPTER B. STRUCTURED SETTLEMENT OFFER Sec. 139.101. WRITTEN OFFER REQUIRED. An offer of structured settlement made after a suit to which this chapter applies has been filed must be: (1) made in writing; and (2) presented to the attorney for the claimant. Sec. 139.102. PRESENTATION TO CLAIMANT. (a) As soon as practicable after receiving the offer under Section 139.101, but not later than any expiration date that may accompany the quotation that outlines the terms of the structured settlement offered, the attorney receiving the offer shall present the offer to the claimant or the claimant's personal representative. (b) To the extent reasonably necessary to permit the claimant or the claimant's personal representative to make an informed decision regarding the acceptance or rejection of a proposed structured settlement, the attorney shall advise the claimant or the claimant's personal representative with respect to: (1) the terms, conditions, and other attributes of the proposed structured settlement; and (2) the appropriateness of the structured settlement under the circumstances. SECTION 2. This Act takes effect September 1, 1999, and applies only to a suit filed on or after the effective date of this Act. A suit filed before the effective date of this Act is governed by the law as it existed immediately before that date and that law is continued in effect for this purpose. SECTION 3. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended. Amendment No. 1 was adopted without objection. SB 731, as amended, was passed.



	SB 669 ON THIRD READING (Dutton - House Sponsor) SB 669, A bill to be entitled An Act relating to certain contracting procedures for school districts and institutions of higher education. SB 669 was passed. SB 71 ON THIRD READING (Thompson - House Sponsor) SB 71, A bill to be entitled An Act relating to the creation of the Judicial Compensation Commission. Amendment No. 1 Representatives Shields and Clark offered the following amendment to SB 71: Amend SB 71 on third reading as follows: (1) In SECTION 1 of the bill, in added Section 35.102, Government Code (House Committee Report, page 4, line 8), between "legislature" and the period, insert "and the governor". (2) In SECTION 1 of the bill (House Committee Report, page 5, line 22, through page 6, line 7), strike added Section 35.103, Government Code. (3) Strike SECTION 2 and 5 of the bill (House Committee Report, page 6, lines 8-13 and lines 20-23). (4) Renumber the remaining SECTIONS of the bill accordingly. Amendment No. 1 failed of adoption. SB 71, as amended, was passed. SB 1731 ON THIRD READING (Hawley - House Sponsor) SB 1731, A bill to be entitled An Act relating to the period during which the School Land Board may reduce the royalty rate under certain oil and gas leases. SB 1731 was passed. SB 1468 ON THIRD READING (Smithee - House Sponsor) SB 1468, A bill to be entitled An Act relating to the regulation of physician joint negotiation. Representative Smithee moved to postpone consideration of SB 1468 until 4:45 p.m. today. The motion prevailed without objection. SB 441 ON THIRD READING (McCall, Goodman, Hartnett, Oliveira, and Cuellar - House Sponsors) SB 441, A bill to be entitled An Act relating to the application of the sales and use tax to certain services.



	Amendment No. 1 Representative Craddick offered the following amendment to SB 441: Amend SB 441 on third reading by amending the Oliveira amendment adopted on second reading as follows: (A) Strike Item (1) of the amendment (page 1, lines 2-3). (B) Strike Item (2) of the amendment (page 1, line 4 through page 2, line 12). (C) Strike Item (3) of the amendment (page 2, line 13) and substitute a new Item (3) to read as follows: (3) In SECTION 3 of the bill, in Section 151.01011 (b), Tax Code, strike "2003" and substitute "2004". (D) Strike Item (4) of the amendment (page 2, line 14). (E) Strike Item (5) of the amendment (page 2, lines 15-16). (F) Strike Item (7) of the amendment (page 6, lines 6-12) and substitute a new Item (7) to read as follows: (7) In existing SECTION 7 of the bill, strike Section 151.351, Tax Code (page 5, lines 5-20) and substitute a new Section 151.351, Tax Code, to read as follows: SECTION 7. Subchapter H, Chapter 151, Tax Code, is amended by adding Section 151.351 to read as follows: Sec. 151.351. INFORMATION SERVICES AND DATA PROCESSING SERVICES. (a) Information services and data processing services are exempted from the taxes imposed by this chapter as follows: (1) for services rendered on or after January 1, 2001, and before October 1, 2001, 20 percent of the value of the services is exempt; (2) for services rendered on or after October 1, 2001, and before October 1, 2002, 40 percent of the value of the services is exempt; and (3) for services rendered on or after October 1, 2002, and before October 1, 2003, 60 percent of the value of the services is exempt; and (4) for services rendered on or after October 1, 2003, and before October 1, 2004, 80 percent of the value of the services is exempt. (b) This section expires October 1, 2004. (G) Insert new Items (9) and (10) to the amendment (page 8, after line 1) to read as follows: (9) In existing SECTION 9 (b) of the bill (page 5, line 26), strike "2003" and substitute "2004". (10) In existing SECTION 10 of the bill, between "suspended" and the period (page 6, line 8), insert "and that this Act take effect and be in force according to its terms, and it is so enacted". (H) Correct all SECTION references and cross-references appropriately. 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, Senate List No. 32). SB 441 - (consideration continued) Amendment No. 1 was withdrawn.



	Amendment No. 2 Representative McCall offered the following amendment to SB 441: Amend SB 441 on third reading by amending the Oliveira amendment adopted on second reading by inserting new Items (9) - (11) to the amendment (page 8, after line 1) to read as follows: (9) Strike existing SECTION 8 of the bill (page 5, lines 21-22). (10) Strike existing SECTION 9(b) of the bill (page 5, lines 25-26) and reletter the subsequent subsection appropriately. (11) In existing SECTION 10 of the bill, between "suspended" and the period (page 6, line 8), insert "and that this Act take effect and be in force according to its terms, and it is so enacted". Amendment No. 2 was adopted without objection. Amendment No. 3 Representatives Thompson and Hilderbran offered the following amendment to SB 441: Amend SB 441 by adding the following appropriately numbered section to the bill and renumbering existing sections of the bill accordingly: SECTION ____. Section 151.302(c), Tax Code, is amended to read as follows: (c) Internal or external wrapping, packing, and packaging supplies used by a person in wrapping, packing, or packaging tangible personal property or in the performance of a service for the purpose of furthering the sale of the tangible personal property or the service may not be purchased by the person for resale. A person may purchase for resale a hanger or material for covering a cleaned garment that is transferred to the customer as an integral part of a laundry or dry cleaning service. Amendment No. 3 was adopted without objection. Amendment No. 4 Representative Hill offered the following amendment to SB 441: Amend SB 441 by adding an appropriately numbered SECTION to read as follows and renumbering subsequent SECTIONS accordingly: SECTION . Subchapter A, Chapter 111, Tax Code, is amended by adding Section 111.0023 to read as follows: Sec. 111.0023. ADOPTION OF RULE THAT IMPOSES ADDITIONAL TAX. The comptroller may not adopt a rule or practice that extends the application of a state tax to a new class of persons, property, transactions, or other items unless the extension is specifically authorized by the legislature or required by federal law. Amendment No. 4 was adopted without objection. Amendment No. 5 Representative B. Turner offered the following amendment to SB 441: Amend SB 441, on third reading, by inserting the following appropriately



	numbered SECTION to read as follows and renumbering subsequent SECTIONS accordingly: SECTION . Subchapter H, Chapter 151, Tax Code, is amended by adding Section 151.3185 to read as follows: Sec. 151.3185. TAXABLE ITEMS SOLD OR USED BY CERTAIN AGRICULTURAL PROCESSORS. (a) In this section: (1) "Agricultural processing" means an establishment primarily engaged in activities described in categories 2011-2099, 2221, 2231, or 3111-3199 of the 1987 Standard Industrial Classification Manual published by the federal Office of Management and Budget. (2) "Agricultural product" means an agricultural, horticultural, viticultural, or vegetable product, bees, honey, fish or other seafood, livestock, and poultry. (3) "Economically distressed county" means a county with above state average unemployment and below state average per capita income. (4) "Qualified agricultural processor" means an agricultural processor who engages in the activity of agricultural processing and meets the qualifications prescribed by Subsection (c). (5) "Rural county" means a county with a population of less than 50,000. (b) A taxable item purchased, leased, rented, stored, or used by the agricultural processing business of a qualified agricultural processor is exempted from the taxes imposed by this chapter. (c) An agricultural processor qualifies for the exemption provided by this section only if the processor: (1) establishes a new agricultural processing business in a rural county or economically distressed county or expands an existing agricultural processing business located in a rural county or economically distressed county; and (2) makes a capital investment of not less than: (A) $750,000 in establishing the business in the location described by Subdivision (1); or (B) $100,000 in expanding the business in the location described by Subdivision (1). (d) A qualified agricultural processor may claim the exemption provided by this section only until the second anniversary of the date on which the processor begins constructing or expanding a facility that is necessary or essential to the agricultural processing business described by Subsection (c) or enters into a lease for such a facility. (e) A corporation must apply to the comptroller for the exemption provided by this section. The burden of establishing entitlement to the exemption is on the agricultural processor. Amendment No. 5 was adopted without objection. A record vote was requested. SB 441, as amended, was passed by (Record 477): 140 Yeas, 0 Nays, 3 Present, not voting. Yeas - 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; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; George; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; 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; Telford; Thompson; Tillery; Truitt; Turner, B.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek. Present, not voting - Mr. Speaker(C); Hochberg; Talton. Absent, Excused - Corte; Crownover; Garcia; Jones, D. Absent - Ehrhardt; Giddings; Turner, S. STATEMENTS OF VOTE When Record No. 477 was taken, I would have voted yes. Ehrhardt I was shown present, not voting on Record No. 477. I intended to vote yes. Talton POSTPONED BUSINESS The following bills were laid before the house as postponed business: SB 1468 ON THIRD READING (Smithee - House Sponsor) SB 1468, A bill to be entitled An Act relating to the regulation of physician joint negotiation. SB 1468 was read third time earlier today and was postponed until this time. Amendment No. 1 Representatives Wohlgemuth and Giddings offered the following amendment to SB 1468: Amend SB 1468, on third reading, by amending Floor Amendment No. 1, adopted on second reading, by striking the text of the amendment and substituting the following: (1) In SECTION 1 of the bill, in added Article 29.10, Insurance Code, after the second sentence of that article (page 10, line 23, house committee report), insert the following: Physicians may not negotiate with the plan to exclude, limit, or otherwise



	restrict non-physician health care providers from participation in a health benefit plan based substantially on the fact the health care provider is not a licensed physician unless that restriction, exclusion, or limitation is otherwise permitted by law. Amendment No. 1 was adopted without objection. SB 1468, as amended, was passed. CONSTITUTIONAL AMENDMENTS CALENDAR SENATE JOINT RESOLUTIONS THIRD READING The following resolutions were laid before the house and read third time: SJR 10 ON THIRD READING (Thompson - House Sponsor) SJR 10, A joint resolution proposing a constitutional amendment relating to the creation of a judicial compensation commission. A record vote was requested. SJR 10 was adopted by (Record 478): 102 Yeas, 35 Nays, 4 Present, not voting. Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Bonnen; Bosse; Brimer; Burnam; Capelo; Carter; Chavez; Coleman; Cook; Counts; Crabb; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Farabee; Farrar; Flores; Gallego; Giddings; Glaze; Goodman; Gray; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Hilbert; Hinojosa; Hochberg; Hodge; Homer; Hunter; Janek; Jones, J.; Junell; King, T.; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Marchant; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Moreno, P.; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Pickett; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Siebert; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Thompson; Turner, S.; Uresti; Van de Putte; Walker; West; Wilson; Wise; Wohlgemuth; Wolens; Woolley. Nays - Berman; Brown, B.; Brown, F.; Chisum; Christian; Clark; Craddick; Delisi; Ellis; George; Goolsby; Heflin; Hilderbran; Hill; Hope; Hupp; Isett; Jones, C.; Keel; Keffer; King, P.; Krusee; Madden; Morrison; Mowery; Palmer; Seaman; Shields; Smith; Swinford; Talton; Telford; Truitt; Turner, B.; Williams. Present, not voting - Mr. Speaker(C); Pitts; Uher; Zbranek. Absent, Excused - Corte; Crownover; Garcia; Jones, D. Absent - Green; Howard; Maxey; Tillery; Yarbrough. STATEMENT OF VOTE When Record No. 478 was taken, my vote failed to register. I would have voted yes. Maxey



	GENERAL STATE CALENDAR SENATE BILLS THIRD READING The following bills were laid before the house and read third time: SB 1441 ON THIRD READING (Naishtat - House Sponsor) SB 1441, A bill to be entitled An Act relating to expanding the specialized telecommunications devices assistance program and contracts for special features of the telecommunications relay access service. SB 1441 was passed. SB 1288 ON THIRD READING (Cuellar - House Sponsor) SB 1288, A bill to be entitled An Act relating to the establishment and operation of a campus extension of The University of Texas Health Science Center at San Antonio. SB 1288 was passed. SB 666 ON THIRD READING (G. Lewis and Naishtat - House Sponsors) SB 666, A bill to be entitled An Act relating to exemptions from work or employment activity participation requirements for certain Temporary Assistance for Needy Families (TANF) recipients. SB 666 was passed. SB 766 ON THIRD READING (Allen - House Sponsor) SB 766, A bill to be entitled An Act relating to the issuance of certain permits for the emission of air contaminants. Amendment No. 1 Representative Zbranek offered the following amendment to SB 766: Amend SB 766 on third reading as follows: (1) In the recitation to Section 5 of the bill as amended on second reading by Floor Amendment No. 6 by Kuempel, strike "382.05185, 382.0519," and substitute "382.0519". (2) Strike Section 382.05185, Health and Safety Code, as added on second reading by Floor Amendment No. 6 by Kuempel. (3) Strike Section 9 of the bill, repealing Section 382.0518 (h), as added on second reading by Floor Amendment No. 6 by Kuempel. Amendment No. 1 was adopted without objection. Amendment No. 2 Representative Zbranek offered the following amendment to SB 766: Amend SB 766 on third reading as follows: (1) In SECTION 5 of the bill, in proposed Section 382.05195, Health and



	Safety Code (committee printing page 12, line 7), strike the heading for that section and substitute "STANDARD PERMIT FOR FACILITIES UNDER SECTION 382.0518 (g).'. (2) In Floor Amendment No. 8 adopted on second reading, at the end of proposed Subsection (g) of Section 382.05195, Health and Safety Code (page 1, between lines 24 and 25), add "The commission by rule shall provide for public notice and comment.". Amendment No. 2 was adopted without objection. SB 766, as amended, was passed. SB 528 ON THIRD READING (Giddings - House Sponsor) SB 528, A bill to be entitled An Act relating to the civil and criminal consequences of certain actions of a minor involving the acquisition, possession, or use of alcohol; providing penalties. Amendment No. 1 Representative Yarbrough offered the following amendment to SB 528: Amend SB 528 on third reading by amending the second reading Alvarado amendment to SB 528, as amended by the Brimer amendment, in proposed Section 106.16 (b) (5), Alcoholic Beverage Code, by striking "fraternal organization or a veterans organization, as defined by Section 32.11," and substituting "fraternal organization or veterans organization, as defined by Section 32.11, or on the premises of a labor organization as defined by Section 21.002, Labor Code,". Amendment No. 1 was adopted without objection. SB 528, as amended, was passed. SB 623 ON THIRD READING (Carter, Bailey, Burnam, Edwards, Ehrhardt, et al. - House Sponsors) SB 623, A bill to be entitled An Act relating to certain requirements applicable to the construction of affordable housing. (Garcia now present) SB 623 - STATEMENT OF LEGISLATIVE INTENT REPRESENTATIVE SEAMAN: Do the handicapped accessibility requirements of Senate Bill 623 as amended apply only to those homes financed through programs of the Texas Department of Housing and Community Affairs? REPRESENTATIVE CLARK: This amendment applies only to the homes financed through this particular bill. Right. SEAMAN: Do the handicapped accessibility requirements of Senate Bill 623 as amended apply to mortgage loans guaranteed by FHA? CLARK: No. Were talking only about this bill, applies to these homes, to this particular program.



	SEAMAN: Do the handicapped accessibility requirements contained in Senate Bill 623 as amended apply to mortgage loans guaranteed by the Veterans Administration? CLARK: No. SEAMAN: Do the handicapped accessibility requirements of Senate Bill 623 as amended pertain to any construction lending programs obtained outside the Texas Department of Housing and Community Affairs? CLARK: No. CLARK: Let me just add one thing, that's not to say that other requirements don't apply to those other loans. There is other federal law and state law that might apply. I'm only talking about this amendment. SEAMAN: This amendment, that's correct. Thank you sir. REMARKS ORDERED PRINTED Representative Seaman moved to print remarks by Representative Clark and Representative Seaman. The motion prevailed without objection. A record vote was requested. SB 623 was passed by (Record 479): 123 Yeas, 21 Nays, 1 Present, not voting. Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Bonnen; Bosse; Brimer; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Clark; Coleman; Cook; Counts; Craddick; Cuellar; Danburg; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; Giddings; Glaze; Goodman; Goolsby; Gray; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hawley; Hilbert; Hilderbran; Hinojosa; Hochberg; Hodge; Homer; Hope; Hunter; 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; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Sadler; Salinas; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Swinford; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wolens; Woolley; Yarbrough; Zbranek. Nays - Berman; Brown, B.; Christian; Crabb; Culberson; Denny; George; Green; Hartnett; Heflin; Howard; Hupp; Isett; Janek; Palmer; Ritter; Seaman; Staples; Talton; Uher; Wohlgemuth. Present, not voting - Mr. Speaker(C). Absent, Excused - Corte; Crownover; Jones, D. Absent - Delisi; Hill.



	STATEMENT OF VOTE When Record No. 479 was taken, I would have voted yes. Delisi SB 403 ON THIRD READING (Hinojosa - House Sponsor) SB 403, A bill to be entitled An Act relating to the liability of a criminal defendant and the defendant's sureties on a personal bond or a bail bond. Amendment No. 1 Representative Puente offered the following amendment to SB 403: Amend SB 403 by amending second reading Floor Amendment No. 1 (Puente Amendment) on line 8, after the words "after notifying" by striking the words "the principal or" and by adding the following after the words "principal's attorney": ", if the principal is represented by an attorney,". Amendment No. 1 was adopted without objection. SB 403, as amended, was passed. SB 434 ON THIRD READING (Yarbrough - House Sponsor) SB 434, A bill to be entitled An Act relating to the disclosure of certain information by a property owners' association. Amendment No. 1 Representative Staples offered the following amendment to SB 434: Amend SB 434 on third reading, in SECTION 1 of the bill, by striking Section 207.002, Property Code, as added by the bill and amended on second reading by the Hamric Amendment, and substitute the following: Sec. 207.002. APPLICABILITY. THis chapter applies to a subdivision with a property owner's association that is entitled to levy regular or special assessments. Amendment No. 1 was adopted. (Hamric recorded voting no) SB 434, as amended, was passed. (Hamric and Hochberg recorded voting no) SB 50 ON THIRD READING (Naishtat, A. Reyna, and Dukes - House Sponsors) SB 50, A bill to be entitled An Act relating to the application for, issuance of, and contents of a protective order. Amendment No. 1 Representative Puente offered the following amendment to SB 50: Amend SB 50 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly: SECTION . Section 82.002(a), Family Code, is amended to read as follows:



	(a) An application for a protective order to protect the applicant or any other member of the applicant's family or household may be filed by: (1) a [~~an adult~~ ] member of the family or household; or (2) any adult for the protection of a child. Amendment No. 1 was adopted without objection. SB 50, as amended, was passed. SB 1650 ON THIRD READING (Haggerty and Allen - House Sponsors) SB 1650, A bill to be entitled An Act relating to the public notice requirements applicable to persons who are subject to sex offender registration. SB 1650 was passed. SB 1884 ON THIRD READING (Smithee - House Sponsor) SB 1884, A bill to be entitled An Act relating to independent review of certain health insurance claims. SB 1884 was passed. SB 1678 ON THIRD READING (Naishtat - House Sponsor) SB 1678, A bill to be entitled An Act relating to the regulation of social workers and social work associates; providing civil and administrative penalties. SB 1678 was passed. SB 496 ON THIRD READING (Brimer - House Sponsor) SB 496, A bill to be entitled An Act relating to increasing the maximum size of an urban homestead to 10 acres, prescribing permissible uses of rural and urban homesteads, and permitting an existing lien upon part of a homestead to extend to another part of the homestead. SB 496 was passed. RESOLUTIONS CALENDAR The chair laid before the house the following resolutions on committee report: CSSCR 24 (Brimer - House Sponsor), Granting DalMac Construction Company, Inc., permission to sue the State and Texas A&M University. Amendment No. 1 Representative Brimer offered the following amendment to CSSCR 24: Amend CSSCR 24 as follows: (1) On Page 1, Line 9 of the resolution strike "amounts" and insert



	"breach of contract for such amounts as are," after the words "Administrative Hearings for." (2) On Page 2, Line 9 of the resolution strike the word "price." Amendment No. 1 was adopted without objection. CSSCR 24, as amended, was adopted. (Bosse in the chair) CSSCR 33 (Telford - House Sponsor), Granting Gibson Recycling, Inc., permission to sue that state and the Texas Natural Resource Conservation Commission. Amendment No. 1 Representative Telford offered the following amendment to CSSCR 33: Amend CSSCR 33 in the first resolving clause, between "waste tires" and the semi-colon, by inserting the following: provided that, before pursuing the contested case authorized by this resolution, Gibson Recycling, Inc., shall attempt to resolve the claim through third-party mediation and the Texas Natural Resources Conservation Commission is directed to make a good faith effort to resolve the claim through the mediation Amendment No. 1 was adopted without objection. CSSCR 33, as amended, was adopted. (Heflin recorded voting no) CSSCR 18 (Hilbert - House Sponsor), Granting Anderson Columbia Environmental, Inc., permission to sue the state and the Texas Natural Resource Conservation Commission. CSSCR 18 was adopted without objection. (Heflin recorded voting no) CSSCR 56 (R. Lewis - House Sponsor), Encouraging the Texas Natural Resource Conservation Commission to eliminate duplication between its Section 401 water quality certification program and the review conducted by the United States Army Corps of Engineers. CSSCR 56 was adopted without objection. SCR 72 (Glaze - House Sponsor), Granting Dean Lumber Company, Inc., permission to the state and the Texas Natural Resource Conservation Commission. SCR 72 was adopted without objection. (Heflin recorded voting no) MESSAGE FROM THE SENATE A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 4). SB 913 - REQUEST OF SENATE GRANTED CONFERENCE COMMITTEE APPOINTED On motion of Representative Oliveira, the house granted the request of the senate for the appointment of a conference committee on SB 913.



	The chair announced the appointment of the following conference committee, on the part of the house, on SB 913: Oliveira, chair, Flores, Cuellar, Chavez, and J. Solis. SB 1423 - REQUEST OF SENATE GRANTED CONFERENCE COMMITTEE APPOINTED On motion of Representative Noriega, the house granted the request of the senate for the appointment of a conference committee on SB 1423. The chair announced the appointment of the following conference committee, on the part of the house, on SB 1423: Noriega, chair, Naishtat, Christian, Maxey, and Truitt. SB 46 - REQUEST OF SENATE GRANTED CONFERENCE COMMITTEE APPOINTED On motion of Representative Hinojosa, the house granted the request of the senate for the appointment of a conference committee on SB 46. The chair announced the appointment of the following conference committee, on the part of the house, on SB 46: Hinojosa, chair, Goolsby, Keel, Smith, and Wise. SB 1525 - REQUEST OF SENATE GRANTED CONFERENCE COMMITTEE APPOINTED On motion of Representative Uher, the house granted the request of the senate for the appointment of a conference committee on SB 1525. The chair announced the appointment of the following conference committee, on the part of the house, on SB 1525: Uher, chair, Coleman, Hilderbran, McClendon, and Uresti. HB 1 - ADOPTION OF CONFERENCE COMMITTEE REPORT Representative Junell submitted the conference committee report on HB 1: Austin, Texas, May 24, 1999 Honorable Rick Perry President of the Senate Honorable Pete Laney Speaker of the House of Representatives Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 1 have met and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached. Ratliff Junell Truan West Moncrief Coleman Duncan Gallego Fraser Heflin On the part of the Senate On the part of the House



	HB 1, General Appropriations Bill. Representative Junell moved to adopt the conference committee report on HB 1. A record vote was requested. The motion prevailed by (Record 480): 142 Yeas, 1 Nay, 2 Present, not voting. Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; 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; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Telford; Thompson; Tillery; Truitt; Turner, B.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek. Nay - Shields. Present, not voting - Mr. Speaker; Bosse(C). Absent, Excused - Corte; Crownover; Jones, D. Absent - Talton; Turner, S. The chair stated that HB 1 was passed subject to the provisions of Article III, Section 49a, of the Texas Constitution. STATEMENTS OF VOTE I was shown voting no on Record No. 480 because I waited to verify inclusion of my amendment to budget. I intended to vote yes. Shields When Record No. 480 was taken, I would have voted yes. Talton SB 61 - ADOPTION OF CONFERENCE COMMITTEE REPORT Representative Clark submitted the conference committee report on SB 61. Representative Clark moved to adopt the conference committee report on SB 61. The motion prevailed without objection.



	HB 23 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Goolsby called up with senate amendments for consideration at this time, HB 23, A bill to be entitled An Act relating to liability for certain prohibited telephone communications. On motion of Representative Goolsby, the house concurred in the senate amendments to HB 23. Senate Committee Substitute CSHB 23, A bill to be entitled An Act relating to liability for certain prohibited telephone communications. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 35.47, Business & Commerce Code, is amended by amending Subsections (c) and (d) and adding Subsections (e), (f), and (g) to read as follows: (c) A person may not make or cause to be made a transmission for the purpose of a solicitation or sale to a facsimile recording device after 11 p.m. and before 7 a.m. (d) A person who makes or causes to be made a transmission to a facsimile recording device for the purpose of a solicitation or sale shall include in the document transmitted or on a cover page to the document a statement, in at least 12-point type, informing the recipient of a toll-free or local exchange accessible telephone number at which the recipient may notify the person not to send any further transmissions to one or more telephone numbers specified by the recipient. On receipt of notification from a recipient under this subsection, the person: (1) shall within 24 hours send the recipient a written acknowledgment of the recipient's notification; and (2) may not make or cause to be made a transmission to a number specified by the recipient, except for a single transmission to comply with Subdivision (1) of this subsection. (e) On complaint of a called person that Subsection (a), [or ] (b), (c), or (d) of this section has been violated, the county or district attorney of the county in which the person resides shall investigate the complaint and file charges if appropriate. A telephone company serving the caller or called person is not responsible for investigating a complaint or keeping records relating to this section. (f) [~~(d)~~ ] A person who violates Subsection (a), [or ] (b), (c), or (d) of this section commits an offense. An offense under this section is a Class C misdemeanor. (g) A person who receives a communication that violates 47 U.S.C. Section 227, a regulation adopted under that provision, or this section may bring an action against the person who originates the communication in a court of this state for an injunction, damages in the amount provided by this subsection, or both. A plaintiff prevailing in an action for damages under this subsection is entitled to the greater of $500 for each violation or the



	person's actual damages, except that the court may increase the amount of the award to not more than the greater of $1,500 for each violation or three times the person's actual damages if the court finds that the defendant: (1) committed the violation knowingly or intentionally; or (2) violated Subsection (c) of this section after the defendant received a notification under Subsection (d) of this section that prohibited transmissions to the telephone number to which the transmission in violation of Subsection (c) of this section was made. SECTION 2. The change in law made by this Act applies only to a communication made on or after the effective date of this Act. SECTION 3. This Act takes effect September 1, 1999. SECTION 4. 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. HB 160 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Wise called up with senate amendments for consideration at this time, HB 160, A bill to be entitled An Act relating to the regulation of certain sales or solicitations made by children; providing a penalty. On motion of Representative Wise, the house concurred in the senate amendments to HB 160. Senate Amendment No. 1 Amend HB 160 (Senate Committee report) as follows: (1) In SECTION 1 of the bill, in added Section 51.045, Subsection (a)(2)(A), Labor Code (Senate Committee Printing version, page 1, line 26), after "services" and before the semicolon, add ", in a setting other than a retail establishment". (2) In SECTION 1 of the bill, in added Section 51.045(c)(4), Labor Code (Senate Committee Printing version, page 1, line 48) strike "(A) a day when the child is not legally required to attend school; and" and substitute "(A) no later than 7 p.m. on a day when the child is legally required to attend school; and". (3) In SECTION 1 of the bill, in added Section 51.045(c)(4)(B), Labor Code (Senate Committee Printing version, page 1, line 50), after "7 p.m.", add "on all other days." HB 485 - HOUSE REFUSES TO CONCUR IN SENATE AMENDMENTS CONFERENCE COMMITTEE APPOINTED Representative Hill called up with senate amendments for consideration at this time, HB 485, A bill to be entitled An Act relating to the presumed validity of a municipal act or proceeding.



	Representative Hill moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 485. The motion prevailed without objection. The chair announced the appointment of the following conference committee, on the part of the house, on HB 485: Hill, chair, Clark, Hilbert, Carter, and Bailey. HB 508 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Wohlgemuth called up with senate amendments for consideration at this time, HB 508, A bill to be entitled An Act relating to certain interlocal contracts for the construction, improvement, or repair of streets and alleys in municipalities. On motion of Representative Wohlgemuth, the house concurred in the senate amendments to HB 508. Senate Committee Substitute CSHB 508, A bill to be entitled An Act relating to interlocal contracts for the construction, improvement, or repair of streets and alleys in municipalities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter C, Chapter 791, Government Code, is amended by adding Section 791.032 to read as follows: Sec. 791.032. CONSTRUCTION, IMPROVEMENT, AND REPAIR OF STREETS IN MUNICIPALITIES. With the approval of the governing body of a municipality, a local government may enter into an interlocal contract with the municipality to finance the construction, improvement, maintenance, or repair of streets or alleys in the municipality, including portions of the municipality's streets or alleys that are not an integral part of or a connecting link to other roads or highways. SECTION 2. Section 251.012(a), Transportation Code, is amended to read as follows: (a) With the approval of the governing body of a municipality, the commissioners court of a county may spend county money to finance the construction, improvement, maintenance, or repair of a street or alley in the county that is located in the municipality, including the provision of: (1) necessary roadbed preparation or material; (2) paving or other hard covering of the street or alley; [or ] (3) curbs, gutters, bridges, or drainage facilities; or (4) any construction, improvement, maintenance, or repair allowed under Section 791.032, Government Code, if the commissioners court finds that the county will receive benefits as a result of the work on the street or alley. SECTION 3. This Act takes effect September 1, 1999. SECTION 4. 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. HB 542 - HOUSE REFUSES TO CONCUR IN SENATE AMENDMENTS CONFERENCE COMMITTEE APPOINTED Representative Brimer called up with senate amendments for consideration at this time, HB 542, A bill to be entitled An Act relating to the board of directors of the Texas Workers' Compensation Insurance Fund. Representative Brimer moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 542. The motion prevailed without objection. The chair announced the appointment of the following conference committee, on the part of the house, on HB 542: Brimer, chair, Dukes, Giddings, Corte, and Woolley. HB 550 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Goolsby called up with senate amendments for consideration at this time, HB 550, A bill to be entitled An Act relating to the eligibility of certain persons to enter into a lottery contract or to purchase a lottery ticket or receive a lottery prize. On motion of Representative Goolsby, the house concurred in the senate amendments to HB 550. Senate Amendment No. 1 Amend HB 550 in SECTION 1 of the bill by striking added Subsection (b) of Section 466.103, Government Code (page 1, lines 19-21, Senate Committee Printing), and substituting the following: (b) Subsection (a) does not prohibit the executive director from awarding a contract for the purpose of conducting a promotional event to a person who would be denied a license as a sales agent under Section 466.155(a)(4)(C) but not under any other provision of Section 466.155. HB 577 - HOUSE REFUSES TO CONCUR IN SENATE AMENDMENTS CONFERENCE COMMITTEE APPOINTED Representative Giddings called up with senate amendments for consideration at this time, HB 577, A bill to be entitled An Act relating to the period for which a person arrested or held without a warrant in the prevention of family violence may be held after bond is posted.



	Representative Giddings moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 577. The motion prevailed without objection. The chair announced the appointment of the following conference committee, on the part of the house, on HB 577: Giddings, chair, Dutton, S. Turner, Hinojosa, and Dunnam. HB 662 - HOUSE REFUSES TO CONCUR IN SENATE AMENDMENTS CONFERENCE COMMITTEE APPOINTED Representative Hilderbran called up with senate amendments for consideration at this time, HB 662, A bill to be entitled An Act relating to the assessment of administrative fees for certain transactions relating to the collection of court costs. Representative Hilderbran moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 662. The motion prevailed without objection. The chair announced the appointment of the following conference committee, on the part of the house, on HB 662: Hilderbran, chair, Ramsay, Swinford, Farabee, and B. Brown. HB 673 - HOUSE REFUSES TO CONCUR IN SENATE AMENDMENTS Representative Carter called up with senate amendments for consideration at this time, HB 673, A bill to be entitled An Act relating to requiring the use of protective helmets for bicycle safety. Representative Carter moved that the house concur in the senate amendments to HB 673. Representative Walker offered a substitute motion that the house not concur and that a conference committee be requested to adjust the differences between the two houses on the bill. The substitute motion that the house not concur and that a conference committee be requested prevailed by (Record 481): 103 Yeas, 33 Nays, 2 Present, not voting. Yeas - Alexander; Allen; Berman; Bonnen; Brown, B.; Brown, F.; Chavez; Chisum; Christian; Clark; Cook; Counts; Craddick; Cuellar; Culberson; Davis, J.; Delisi; Denny; Dunnam; Dutton; Edwards; Eiland; Elkins; Ellis; Gallego; Garcia; George; Giddings; Glaze; Green; Grusendorf; Gutierrez; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; 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.; Madden; Marchant; McCall; McReynolds; Merritt; Moreno, P.; Morrison; Mowery; Nixon; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Rangel; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solomons; Staples; Swinford; Talton; Thompson; Tillery; Turner, B.; Uher; Uresti; Walker; West; Williams; Wilson; Wohlgemuth; Wolens; Woolley; Yarbrough. Nays - Alvarado; Bailey; Burnam; Capelo; Carter; Coleman; Crabb; Danburg; Davis, Y.; Deshotel; Ehrhardt; Farabee; Farrar; Goodman; Goolsby; Gray; Greenberg; Hamric; Hochberg; Longoria; Luna; Maxey; Moreno, J.; Naishtat; Najera; Noriega; Ramsay; Reyna, A.; Solis, J. F.; Truitt; Van de Putte; Wise; Zbranek. Present, not voting - Mr. Speaker; Bosse(C). Absent, Excused - Corte; Crownover; Jones, D. Absent - Averitt; Brimer; Driver; Dukes; Flores; Haggerty; McClendon; Telford; Turner, S. STATEMENT OF VOTE When Record No. 481 was taken, I was in the house but away from my desk. I would have voted yes. Telford HB 817 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative J. Jones called up with senate amendments for consideration at this time, HB 817, A bill to be entitled An Act relating to regulation of cemeteries. On motion of Representative J. Jones, the house concurred in the senate amendments to HB 817 by (Record 482): 136 Yeas, 4 Nays, 2 Present, not voting. Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Chavez; Chisum; Christian; Clark; Coleman; Cook; Counts; Crabb; Craddick; Cuellar; Culberson; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Farabee; Farrar; Flores; Gallego; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Gray; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hartnett; Hawley; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, J.; Junell; Keel; Keffer; King, P.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; 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; Wolens; Woolley; Yarbrough; Zbranek. Nays - Green; Heflin; Howard; Wohlgemuth. Present, not voting - Mr. Speaker; Bosse(C). Absent, Excused - Corte; Crownover; Jones, D. Absent - Carter; Danburg; Ellis; Hardcastle; King, T. STATEMENTS OF VOTE When Record No. 482 was taken, I was in the house but away from my desk. I would have voted yes. T. King I was shown voting yes on Record No. 482. I intended to vote no. Pitts Senate Amendment No. 1 (Senate Committee Amendment No. 1) Amend HB 817 by Jones as follows: At the end of Sec. 711.011(a) after "located." add a new sentence to read "The notice must contain a legal description of the land on which the unknown, abandoned cemetery was found and describe the approximate location of the cemetery and the evidence of the cemetery that was discovered." HB 836 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative T. King called up with senate amendments for consideration at this time, HB 836, A bill to be entitled An Act relating to access under the public information law to birth and death indexes. On motion of Representative T. King, the house concurred in the senate amendments to HB 836. Senate Committee Substitute CSHB 836, A bill to be entitled An Act relating to access under the public information law to birth and death indexes. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 552.115, Government Code, is amended to read as follows: Sec. 552.115. EXCEPTION: BIRTH AND DEATH RECORDS. (a) A birth or death record maintained by the bureau of vital statistics of the Texas Department of Health or a local registration official is excepted from the requirements of Section 552.021, except that: (1) a birth record is public information and available to the public on and after the 50th anniversary of the date of birth as shown on [~~which~~ ] the record [is ] filed with the bureau of vital statistics or local registration official; [~~and~~ ]



	(2) a death record is public information and available to the public on and after the 25th anniversary of the date of death as shown on [~~which~~ ] the record [is ] filed with the bureau of vital statistics or local registration official; (3) a general birth index or a general death index established or maintained by the bureau of vital statistics or a local registration official is public information and available to the public to the extent the index relates to a birth record or death record that is public information and available to the public under Subdivision (1) or (2); and (4) a summary birth index or a summary death index prepared or maintained by the bureau of vital statistics or a local registration official is public information and available to the public. (b) Notwithstanding Subsection (a), a general birth index or a summary birth index is not public information and is not available to the public if: (1) the fact of an adoption or paternity determination can be revealed by the index; or (2) the index contains specific identifying information relating to the parents of a child who is the subject of an adoption placement. SECTION 2. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted. HB 918 - HOUSE REFUSES TO CONCUR IN SENATE AMENDMENTS CONFERENCE COMMITTEE APPOINTED Representative A. Reyna called up with senate amendments for consideration at this time, HB 918, A bill to be entitled An Act relating to the copies prepared by a district or county clerk of certain court records. Representative A. Reyna moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 918. The motion prevailed without objection. The chair announced the appointment of the following conference committee, on the part of the house, on HB 918: A. Reyna, chair, Thompson, Hartnett, Capelo, and Deshotel. HB 962 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Isett called up with senate amendments for consideration at this time, HB 962, A bill to be entitled An Act relating to requiring voter approval for the lease or sale of a certain facility owned and operated by the Lubbock County Hospital District.



	On motion of Representative Isett, the house concurred in the senate amendments to HB 962. Senate Committee Substitute CSHB 962, A bill to be entitled An Act relating to the sale or lease of a certain facility owned and operated by the Lubbock County Hospital District; providing a penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 10, Chapter 484, Acts of the 60th Legislature, Regular Session, 1967, is amended to read as follows: Sec. 10. CUMULATIVE POWERS. Subject to Section 10A of this Act, the [~~The~~ ] board of managers, with the approval of the commissioners court, shall have the power: (a) To construct, condemn and purchase, purchase and acquire, lease, add to, maintain, operate, develop and regulate, sell, exchange and convey any and all lands, property, property rights, equipment, hospital facilities and systems for the maintenance of hospitals, buildings, structures, and any and all other facilities and services the hospital district may require or may have available to sell, lease or exchange; (b) To further effectuate such powers, the board of managers, with the approval of the commissioners court, may cooperate and contract with the United States government, the State of Texas, any municipality or other hospital district, or any department of those governing bodies, or with any privately owned or operated hospital, corporate or otherwise, which privately owned or operated hospital is situated in the hospital district; provided, in the opinion of the board of managers and of the commissioners court, such a contract is deemed expedient and advantageous to the hospital district under existing circumstances, and be for such fair and reasonable compensation and on such other terms and for such length of time as may be deemed to further and assist the hospital district in performing its duty to provide medical and hospital care to needy inhabitants of the county; (c) To provide office space, equipment, supplies, and services for the use of the county medical examiner's office for medical, hospital, and other non-criminal-investigation-related purposes. SECTION 2. Chapter 484, Acts of the 60th Legislature, Regular Session, 1967, is amended by adding Section 10A to read as follows: Sec. 10A. SALE OR LEASE OF CERTAIN FACILITY; ELECTION; DISCLOSURE. (a) In this section: (1) "Hospital official" means the following officers or employees, or their equivalent, of the teaching hospital described by Subsection (b) of this section: (A) the executive director; (B) the president; (C) the chief executive officer; (D) the chief operating officer; (E) the chief financial officer; (F) any vice president; and (G) any other officer.



	(2) "Substantial interest" has the meaning assigned by Section 171.002, Local Government Code. (b) The board of managers by resolution, and with the approval of the commissioners court, may order the sale or lease of a facility owned and operated by the hospital district as a teaching hospital that is located on the campus of Texas Tech University, contingent on certain disclosure requirements under this section and voter approval at an election called and held for that purpose. The resolution must include a finding by the board of managers that the sale or lease is in the best interests of the residents of the hospital district and that no hospital official will benefit financially from the sale or lease, other than from the continuation of a compensation package existing before the date of the sale or lease. As soon as possible after the board of managers adopts the resolution, the Commissioners Court of Lubbock County shall order an election on the question of selling or leasing the facility. (c) An election ordered under Subsection (b) of this section shall be held on the first authorized uniform election date prescribed by Subchapter A, Chapter 41, Election Code, that occurs after the 45th day after the date the election is ordered. (d) The ballot for the election shall be printed to permit voting for or against the proposition: "Approving the ______ (sale or lease, as appropriate) of _________ (insert the name of the facility)." (e) The chairman of the board of managers shall disclose, not later than the 30th day before the date of an election held under this section, the terms of the proposed sale or lease of a facility described by Subsection (b) of this section. The disclosure must include both oral and written agreements relating to the sale or lease. (f) A member of the board of managers or a hospital official shall disclose, not later than the 30th day before the date of an election held under this section, any financial interest that the person has in the sale or lease of a facility described by Subsection (b) of this section. For purposes of this subsection, a person has a financial interest in the sale or lease if the person: (1) has a substantial interest in a business entity involved in the sale or lease; (2) is related within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code, to a person who has a substantial interest in a business entity involved in the sale or lease; or (3) is a hospital official who will benefit financially from the sale or lease, other than from the continuation of a compensation package existing before the date of the sale or lease. (g) A person shall make a disclosure required under Subsection (e) or (f) of this section by filing the disclosure with the Commissioners Court of Lubbock County and the board of managers. A disclosure of information filed under this section is a public record. (h) A person required to make a disclosure under Subsection (f) of this section commits an offense if the person knowingly fails to make the disclosure within the period prescribed by that subsection. An offense under this subsection is a Class A misdemeanor.



	(i) The Commissioners Court of Lubbock County shall cancel an election ordered under this section if a hospital official makes a disclosure of a financial interest in the sale or lease of a facility under Subsections (f) and (g) of this section at any time before the date of the election. (j) The board of managers may sell or lease the facility only if: (1) a hospital official has not made a disclosure under Subsections (f) and (g) of this section at any time before the date of the sale or lease; and (2) a majority of the votes cast at an election held under this section approves the sale or lease. (k) A disclosure under this section that is made after the date on which the sale or lease of the facility occurs does not invalidate the sale or lease. (l) If a majority of the votes cast at the election do not approve the sale or lease of the facility, another election to approve the sale or lease, as appropriate, may not be held before the first anniversary of the most recent election on the proposition. SECTION 3. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted. HB 1064 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Pickett called up with senate amendments for consideration at this time, HB 1064, A bill to be entitled An Act relating to the regulation of the sale and use of certain refrigerants. On motion of Representative Pickett, the house concurred in the senate amendments to HB 1064 by (Record 483): 143 Yeas, 0 Nays, 3 Present, not voting. Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; 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; Jones, C.; Jones, J.; Junell; Keel; Keffer; 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. Present, not voting - Mr. Speaker; Bosse(C); Janek. Absent, Excused - Corte; Crownover; Jones, D. Absent - King, P. STATEMENTS OF VOTE I was shown voting yes on Record No. 483. I intended to vote no. Howard When Record No. 483 was taken, I was in the house but away from my desk. I would have voted yes. P. King Senate Committee Substitute CSHB 1064, A bill to be entitled An Act relating to the regulation of the sale and use of certain refrigerants. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 6(a), Air Conditioning and Refrigeration Contractor License Law (Article 8861, Vernon's Texas Civil Statutes), is amended to read as follows: (a) Except as provided by Section 10 of this Act, this [~~This~~ ] Act does not apply to a person who: (1) performs air conditioning and refrigeration contracting in a building owned solely by the person [~~him~~ ] as the person's [~~his~~ ] home; (2) performs air conditioning or refrigeration maintenance work if (i) the person is a maintenance person [~~man~~ ] or maintenance engineer who is a regular bona fide employee of the property owner, the property lessee, or the management company managing the property where the maintenance work is being performed, (ii) the work is performed in connection with the business in which the person is employed, and (iii) the person and the person's employer referred to in (i) above do not engage in the occupation of air conditioning and refrigeration contracting for the general public; (3) performs air conditioning and refrigeration contracting and is regularly employed by a regulated electric or gas utility; (4) is licensed as a professional engineer under The Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil Statutes), performs work in connection with the business in which the person is employed, and does not engage in the practice of air conditioning and refrigeration contracting for the general public; (5) performs process cooling or heating work for an industrial operation such as a chemical plant, petrochemical plant, refinery, natural gas plant, or natural gas treating plant when employed by that operation; (6) performs air conditioning and refrigeration contracting on: (A) a portable or self-contained ductless air conditioning or refrigeration product that has a cooling capacity of three tons or less;



	(B) a portable or self-contained heating product that does not require the forced movement of air outside the heating unit; or (C) environmental air conditioning equipment that is intended for temporary use and is not fixed in place; or (7) performs air conditioning services only on a motor vehicle or MVAC-like appliance air conditioner [~~conditioning unit~~ ] or who employs a person who performs air conditioning services only on a motor vehicle or MVAC-like appliance air conditioner [~~conditioning unit~~ ]. For the purposes of this article, "MVAC-like appliance" has the meaning as that term is defined in 40 CFR Section 82.152. SECTION 2. Section 10(g), Air Conditioning and Refrigeration Contractor License Law (Article 8861, Vernon's Texas Civil Statutes), is amended to read as follows: (g) A purchaser may purchase refrigerants if that person's use is exempt under Section 6(a)(1), (3), (5), (6), or (7) of this Act if the person is authorized to do so under other state or federal law and is not required to provide to a seller evidence of the exemption. SECTION 3. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted. HB 1102 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Bonnen called up with senate amendments for consideration at this time, HB 1102, A bill to be entitled An Act relating to prohibiting discharge or release payments to certain inmates of the Texas Department of Criminal Justice. On motion of Representative Bonnen, the house concurred in the senate amendments to HB 1102. Senate Amendment No. 1 (Senate Amendment No. 1) Amend HB 1102 by adding the following language on Page 1, Line 10, following "facility" and before the period: or who is subject to a felony detainer and is released to the custody of another jurisdiction HB 1111 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Hope called up with senate amendments for consideration at this time, HB 1111, A bill to be entitled An Act relating to the dissolution of the Montgomery County Hospital District.



	On motion of Representative Hope, the house concurred in the senate amendments to HB 1111 by (Record 484): 144 Yeas, 0 Nays, 2 Present, not voting. Yeas - Alexander; Allen; Alvarado; Bailey; Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; 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. Present, not voting - Mr. Speaker; Bosse(C). Absent, Excused - Corte; Crownover; Jones, D. Absent - Averitt. Senate Amendment No. 1 (Senate Amendment No. 1) Amend HB 1111 as follows: (1) In SECTION 1 of the bill, in proposed Subsection (f), Section 23A, Chapter 258, Acts of the 65th Legislature, Regular Session, 1977 (House engrossment, page 2, lines 23-26), strike "The county should use all transferred assets in a manner that benefits residents of the county residing in territory formerly constituting the district." and substitute the following: The county shall use all transferred assets to: (1) pay the outstanding debts and obligations of the district relating to the assets at the time of the transfer; or (2) furnish medical and hospital care for the needy residents of the county. (2) In SECTION 1 of the bill, at the end of proposed Subsection (j), Section 23A, Chapter 258, Acts of the 65th Legislature, Regular Session, 1977 (House engrossment, page 3, between lines 23 and 24), insert "Montgomery County shall use unused district money received under this section to furnish medical and hospital care for the needy residents of the county." (3) In SECTION 1 of the bill, at the end of proposed Subsection (e), Section 23B, Chapter 258, Acts of the 65th Legislature, Regular Session, 1977 (House engrossment, page 5, line 10), insert the following: The county shall use all transferred assets to:



	(1) pay the outstanding debts and obligations of the district relating to the assets at the time of the transfer; or (2) furnish medical and hospital care for the needy residents of the county. HB 1140 - HOUSE REFUSES TO CONCUR IN SENATE AMENDMENTS CONFERENCE COMMITTEE APPOINTED Representative Thompson called up with senate amendments for consideration at this time, HB 1140, A bill to be entitled An Act relating to notice to voter registrars concerning persons convicted of a felony. Representative Thompson moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 1140. The motion prevailed without objection. The chair announced the appointment of the following conference committee, on the part of the house, on HB 1140: Thompson, chair, Garcia, Hinojosa, Uresti, and J. Solis. HB 1168 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Thompson called up with senate amendments for consideration at this time, HB 1168, A bill to be entitled An Act relating to security services in certain court buildings. On motion of Representative Thompson, the house concurred in the senate amendments to HB 1168. Senate Committee Substiitute CSHB 1168, A bill to be entitled An Act relating to security services in certain court buildings. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 291, Local Government Code, is amended by adding Section 291.010 to read as follows: Sec. 291.010. SECURITY SERVICES IDENTIFICATION CARD. (a) The commissioners court of a county with a population of 2.8 million or more by order may: (1) authorize the issuance of an identification card to individuals permitting entrance into a county building that houses a justice court, county court, county court at law, or district court without passing through the security services provided under Article 102.017, Code of Criminal Procedure; and (2) set a reasonable fee for the issuance of the identification card to individuals other than county employees. (b) The commissioners court shall adopt standards for issuing an



	identification card described by this section to ensure public safety and security. (c) This section does not authorize a person to possess a firearm, as that term is defined by Section 46.01, Penal Code, in a county building that houses a justice court, county court, county court at law, or district court. A person who possesses a firearm in any court described by this section or in any office used by the court without the court's written authorization or without complying with any written regulation of the court is subject to the penalties provided by Chapter 46, Penal Code. SECTION 2. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted. HB 1172 - HOUSE REFUSES TO CONCUR IN SENATE AMENDMENTS CONFERENCE COMMITTEE APPOINTED Representative Chisum called up with senate amendments for consideration at this time, HB 1172, A bill to be entitled An Act relating to the definition of low-level radioactive waste. Representative Chisum moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 1172. The motion prevailed without objection. The chair announced the appointment of the following conference committee, on the part of the house, on HB 1172: Chisum, chair, Allen, Palmer, Culberson, and Dukes. HB 1291 - HOUSE REFUSES TO CONCUR IN SENATE AMENDMENTS CONFERENCE COMMITTEE APPOINTED Representative Brimer called up with senate amendments for consideration at this time, HB 1291, 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. Representative Brimer moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 1291. The motion prevailed without objection. The chair announced the appointment of the following conference committee, on the part of the house, on HB 1291: Brimer, chair, Walker, Mowery, F. Brown, and Crabb.



	HB 1322 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative P. King called up with senate amendments for consideration at this time, HB 1322, A bill to be entitled An Act relating to a child support lien. On motion of Representative P. King, the house concurred in the senate amendments to HB 1322. Senate Committee Substitute CSHB 1322, A bill to be entitled An Act relating to a child support lien. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 157.315, Family Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows: (b) The county clerk may not charge the Title IV-D agency, a domestic relations office, [or ] a friend of the court, or any other party a fee for recording the notice [~~or for release~~ ] of a [~~the~~ ] lien. To qualify for this exemption, the lien notice must be styled "Notice of Child Support Lien." (c) The county clerk may not charge the Title IV-D agency, a domestic relations office, or a friend of the court a fee for recording the release of a lien [~~shall collect the fees for recording the notice and for the release of the lien from the obligor before filing the release~~ ]. The lien release must be styled "Release of Child Support Lien." SECTION 2. This Act takes effect September 1, 1999, and applies only to a child support lien notice or release of a child support lien filed on or after that date. A notice of a child support lien or a release of a child support lien filed before the effective date of this Act is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose. SECTION 3. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended. HB 1328 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Uher called up with senate amendments for consideration at this time, HB 1328, A bill to be entitled An Act relating to the regulation of the practice of professional land surveying. On motion of Representative Uher, the house concurred in the senate amendments to HB 1328 by (Record 485): 145 Yeas, 0 Nays, 2 Present, not voting. Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Counts; Crabb; Craddick; Cuellar;



	Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; 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. Present, not voting - Mr. Speaker; Bosse(C). Absent, Excused - Corte; Crownover; Jones, D. Senate Committee Substitute CSHB 1328, A bill to be entitled An Act relating to the regulation of the practice of professional land surveying. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 2(1), Professional Land Surveying Practices Act (Article 5282c, Vernon's Texas Civil Statutes), is amended to read as follows: (1) "Professional surveying" means the practice of land, boundary, or property surveying or other similar professional practices. The term includes any service or work the adequate performance of which involves the application of special knowledge of the principles of geodesy, mathematics, related applied and physical sciences, and relevant laws to the measurement or [~~and~~ ] location of sites, points, lines, angles, elevations, natural features, and existing man-made works in the air, on the surface of the earth, within underground workings, and on the beds of bodies of water for the purpose of determining areas and volumes for: (A) the location of real property boundaries; (B) the platting and layout of lands and subdivisions of land; or [~~and~~ ] (C) the preparation and perpetuation of maps, record plats, field note records, easements, and real property descriptions that represent those surveys. To the extent these services or types of creative work meet this definition, the term includes consultation, investigation, evaluation, analysis, planning, providing an expert surveying opinion or testimony, and mapping. SECTION 2. Section 9(a), Professional Land Surveying Practices Act (Article 5282c, Vernon's Texas Civil Statutes), is amended to read as follows: (a) The board shall have the authority and power to make and enforce all reasonable and necessary rules, regulations, and bylaws not inconsistent with the Texas Constitution, the laws of this state, and this Act for the performance of its duties in administering this Act and for the purpose of



	establishing standards of conduct and ethics for surveyors registered or licensed under this Act. The board by rule shall prescribe the minimum standards for professional surveying. The board by rule shall prescribe standards for compliance with Subchapter A, Chapter 2254, Government Code, but may not otherwise adopt rules restricting competitive bidding or advertising by a person regulated by the board except to prohibit false, misleading, or deceptive practices by the person. The board may not include in its rules to prohibit false, misleading, or deceptive practices by a person regulated by the board a rule that: (1) restricts the use of any medium for advertising; (2) restricts the person's personal appearance or use of the person's voice in an advertisement; (3) relates to the size or duration of an advertisement by the person; or (4) restricts the person's advertisement under a trade name. SECTION 3. Section 16(a), Professional Land Surveying Practices Act (Article 5282c, Vernon's Texas Civil Statutes), is amended to read as follows: (a) Each applicant seeking certification as a surveyor-in-training, registration as a registered professional land surveyor, or licensure as a licensed state land surveyor shall file an application in writing with the Texas Board of Professional Land Surveying. An application fee in an amount determined by the board[~~, not to exceed $100,~~ ] shall be submitted with the application. If the board determines that the applicant is qualified to take the appropriate section of the examination, it shall set and notify the applicant of the section of the examination that the applicant is approved to take and the time and place of the examination. The applicant may take the section of the examination that the applicant is approved to take on payment of an examination fee in an amount determined by the board[~~, not to exceed $100~~ ]. SECTION 4. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted. HB 1379 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Allen called up with senate amendments for consideration at this time, HB 1379, A bill to be entitled An Act relating to the information about an inmate of the Texas Department of Criminal Justice that is subject to public disclosure or excepted from public disclosure. On motion of Representative Allen, the house concurred in the senate amendments to HB 1379. Senate Committee Substitute CSHB 1379, A bill to be entitled An Act relating to the information about an inmate of the Texas Department of Criminal Justice that is subject to public disclosure or excepted from public disclosure.



	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter C, Chapter 552, Government Code, is amended by adding Section 552.131 to read as follows: Sec. 552.131. EXCEPTION: CERTAIN INFORMATION RELATING TO INMATE OF DEPARTMENT OF CRIMINAL JUSTICE. (a) Except as provided by Subsection (b) or by Section 552.029, information obtained or maintained by the Texas Department of Criminal Justice is excepted from the requirements of Section 552.021 if it is information about an inmate who is confined in a facility operated by or under a contract with the department. (b) Subsection (a) does not apply to: (1) statistical or other aggregated information relating to inmates confined in one or more facilities operated by or under a contract with the department; or (2) information about an inmate sentenced to death. (c) This section does not affect whether information is considered confidential or privileged under Section 508.313. (d) A release of information described by Subsection (a) to an eligible entity, as defined by Section 508.313(d), for a purpose related to law enforcement, prosecution, corrections, clemency, or treatment is not considered a release of information to the public for purposes of Section 552.007 and does not waive the right to assert in the future that the information is excepted from required disclosure under this section or other law. SECTION 2. Subchapter B, Chapter 552, Government Code, is amended by adding Section 552.029 to read as follows: Sec. 552.029. RIGHT OF ACCESS TO CERTAIN INFORMATION RELATING TO INMATE OF DEPARTMENT OF CRIMINAL JUSTICE. Notwithstanding Section 508.313 or 552.131, the following information about an inmate who is confined in a facility operated by or under a contract with the Texas Department of Criminal Justice is subject to required disclosure under Section 552.021: (1) the inmate's name, identification number, age, birthplace, physical description, or general state of health or the nature of an injury to or critical illness suffered by the inmate; (2) the inmate's assigned unit or the date on which the unit received the inmate, unless disclosure of the information would violate federal law relating to the confidentiality of substance abuse treatment; (3) the offense for which the inmate was convicted or the judgment and sentence for that offense; (4) the county and court in which the inmate was convicted; (5) the inmate's earliest or latest possible release dates; (6) the inmate's parole date or earliest possible parole date; (7) any prior confinement of the inmate by the Texas Department of Criminal Justice or its predecessor; or (8) basic information regarding the death of an inmate in custody, an incident involving the use of force, or an alleged crime involving the inmate. SECTION 3. Section 508.313, Government Code, is amended by adding Subsection (f) to read as follows:



	(f) This section does not apply to information that is subject to required public disclosure under Section 552.029. SECTION 4. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted. HB 1420 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Longoria called up with senate amendments for consideration at this time, HB 1420, A bill to be entitled An Act relating to complaints filed with the Texas State Board of Podiatric Medical Examiners. On motion of Representative Longoria, the house concurred in the senate amendments to HB 1420. Senate Amendment No. 1 (Senate Committee Amendment No. 1) Amend HB 1420 by striking Section 1 in its entirety and replacing it with the following: SECTION 1. Subsection (a), Article 4573, Revised Statutes, is amended to read as follows: (a) The Board shall maintain an information file about each complaint filed with the Board. If a written complaint is filed with the Board, the Board may provide a copy of the complaint to the license holder, unless providing a copy would jeopardize an investigation, and, at least quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint unless the notification would jeopardize an undercover investigation. HB 1444 - HOUSE REFUSES TO CONCUR IN SENATE AMENDMENTS CONFERENCE COMMITTEE APPOINTED Representative Delisi called up with senate amendments for consideration at this time, HB 1444, A bill to be entitled An Act relating to local public health services. Representative Delisi moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 1444. The motion prevailed without objection. The chair announced the appointment of the following conference committee, on the part of the house, on HB 1444: Delisi, chair, Gray, Coleman, Hilderbran, and Maxey.



	HB 1511 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Marchant called up with senate amendments for consideration at this time, HB 1511, A bill to be entitled An Act relating to the operation and regulation of pawnshops. On motion of Representative Marchant, the house concurred in the senate amendments to HB 1511. Senate Committee Substitute CSHB 1511, A bill to be entitled An Act relating to the operation and regulation of pawnshops. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 371.005, Finance Code, is amended to read as follows: Sec. 371.005. REGULATORY AUTHORITY. The legislature has exclusive authority regarding the operation of pawnshops, except for a matter delegated by this chapter to the commissioner. The commissioner has the authority to [~~under this chapter may~~ ] regulate only a business practice that requires a pawnshop license. SECTION 2. Section 371.006(c), Finance Code, is amended to read as follows: (c) A copy of a rule shall be mailed to each license holder, and the rule may not take effect before the 21st day after the earliest date on which all of the copies have been mailed. SECTION 3. Section 371.066(a), Finance Code, is amended to read as follows: (a) The commissioner may issue a temporary pawnshop license on receipt of an application: (1) to transfer a license from one person to another; or (2) for a license involving principals and owners that are substantially identical to those of a pawnshop in operation at the time of receipt of the application. SECTION 4. Sections 371.072(d) and (e), Finance Code, are amended to read as follows: (d) Subject to Subsection (b), a pawnbroker shall maintain for each pawnshop net assets, as that term was defined at the time the license was issued, that are used or readily available for use in the business of the pawnshop of at least the amount required on: (1) August 31, 1981, if the pawnbroker held a license on that date; or (2) June 20, 1987, if the pawnbroker held a license on that date but did not hold a license on August 31, 1981. (e) Subject to Subsection (d), net [~~Net~~ ] assets must be represented by a capital investment unencumbered by a lien or other encumbrance and subject to a claim by a general creditor.



	SECTION 5. Section 371.153(a), Finance Code, is amended to read as follows: (a) A pawnbroker shall notify the commissioner before the pawnbroker [~~conducts or~~ ] allows another person to conduct at the pawnshop a business other than the business of a pawnbroker or the business of buying and selling goods. SECTION 6. Section 371.154(b), Finance Code, is amended to read as follows: (b) A pawnbroker shall secure [~~maintain~~ ] a bond: (1) in the amount, not to exceed $5,000, required by the commissioner; (2) in the form required by the commissioner; and (3) conditioned on compliance with this chapter and rules adopted under this chapter. SECTION 7. Section 371.155, Finance Code, is amended to read as follows: Sec. 371.155. PAWNSHOP SECURITY. [~~(a)~~ ] A pawnshop shall have: (1) one or more alarm systems sufficient to detect and signal unauthorized entry or the presence of an unauthorized person to provide for the security of pledged goods; and (2) a safe [~~of a type approved by the pawnbroker's insurance underwriter~~ ] to provide for the security of pledged jewelry. [~~(b) The commissioner may adopt rules related to the keeping of firearms used solely for the security of the pawnshop by the pawnbroker.~~ ] SECTION 8. Section 371.162, Finance Code, is amended to read as follows: Sec. 371.162. PRESENTATION OF TICKET; PRESUMPTION. Except as provided by Section 371.163(a), a [A ] person who presents proper identification and a pawn ticket to the pawnbroker is presumed to be entitled to redeem the pledged goods described by the pawn ticket. SECTION 9. Section 371.163(c), Finance Code, is amended to read as follows: (c) The pawnbroker shall record on the written statement: (1) [~~the identifying information required by Section 371.157(2);~~ [~~(2)~~ ] the date the statement is made; and (2) [~~(3)~~ ] the number of the pawn ticket lost, destroyed, or stolen. SECTION 10. Section 371.175(a), Finance Code, is amended to read as follows: (a) A pawnshop shall identify by a tag or similar means each item of goods located in the pawnshop that: (1) has a retail or sale value of more than $25 [~~$10~~ ]; and (2) can be tagged or similarly identified. SECTION 11. Section 371.176, Finance Code, is amended to read as follows: Sec. 371.176. TRANSACTIONS WITH MINORS OR PERSONS UNDER THE INFLUENCE OF ALCOHOL OR DRUGS PROHIBITED. A pawnbroker may not: (1) accept a pledge [~~enter a pawn transaction with~~ ] or purchase property from a person under 18 years of age; or



	(2) transact business with a person believed to be under the influence of alcohol or drugs. SECTION 12. Section 371.182, Finance Code, is amended to read as follows: Sec. 371.182. HOLD PERIOD. The commissioner may [~~shall~~ ] designate a reasonable hold period during which a pawnbroker may not sell or otherwise dispose of an item of goods acquired and offered for sale or other disposition by the pawnbroker. SECTION 13. Section 371.258(b), Finance Code, is amended to read as follows: (b) The commissioner may reinstate a suspended pawnshop license or pawnshop employee license or issue a new license to the person whose license or licenses have been revoked if no fact or condition exists that clearly would have justified refusal to issue the license originally. SECTION 14. Sections 371.184 and 371.185, Finance Code, are repealed. SECTION 15. (a) This Act takes effect September 1, 1999. (b) Any rules adopted by the commissioner relating to the use of an outdoor display or sign at a pawnshop or to the maintenance of pawnshop premises under Section 371.184 or 371.185, Finance Code, repealed by this Act, are void. SECTION 16. 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. HB 1542 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Keffer called up with senate amendments for consideration at this time, HB 1542, A bill to be entitled An Act relating to purchasing requirements for school districts and junior college districts. On motion of Representative Keffer, the house concurred in the senate amendments to HB 1542 by (Record 486): 144 Yeas, 0 Nays, 2 Present, not voting. Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Christian; Clark; Coleman; Cook; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, 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. Present, not voting - Mr. Speaker; Bosse(C). Absent, Excused - Corte; Crownover; Jones, D. Absent - Chisum. Senate Committee Substitute CSHB 1542, A bill to be entitled An Act relating to purchasing requirements for school districts and junior college districts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 130, Education Code, is amended by adding Section 130.010 to read as follows: Sec. 130.010. PURCHASING CONTRACTS. (a) The provisions of Subchapter B, Chapter 44, relating to the purchase of goods and services under contract by a school district apply to the purchase of goods and services under contract by a junior college district. (b) To the extent of any conflict, the provisions of Subchapter B, Chapter 44, prevail over any other law relating to the purchase of goods and services by a junior college district. SECTION 2. Subchapter B, Chapter 271, Local Government Code, is amended by adding Section 271.023 to read as follows: Sec. 271.023. CONFLICT OF LAWS. To the extent of any conflict, the provisions of Subchapter B, Chapter 44, Education Code, relating to the purchase of goods and services under contract by a school district prevail over this subchapter. SECTION 3. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted. HB 1571 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Grusendorf called up with senate amendments for consideration at this time, HB 1571, A bill to be entitled An Act relating to the name of a decedent on a grave marker. On motion of Representative Grusendorf, the house concurred in the senate amendments to HB 1571. Senate Committee Substitute CSHB 1571, A bill to be entitled An Act relating to the name of a decedent on a grave marker.



	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 711.002, Health and Safety Code, is amended by amending Subsections (g) and (j) and adding Subsection (k) to read as follows: (g) A person may provide written directions for the disposition, including cremation, of the person's remains in a will, a prepaid funeral contract, or a written instrument signed and acknowledged by such person. The directions may govern the inscription to be placed on a grave marker attached to any plot in which the decedent had the right of sepulture at the time of death and in which plot the decedent is subsequently interred. The directions may be modified or revoked only by a subsequent writing signed and acknowledged by such person. The person otherwise entitled to control the disposition of a decedent's remains under this section shall faithfully carry out the directions of the decedent to the extent that the decedent's estate or the person controlling the disposition are financially able to do so. (j) In the absence of evidence of a contrary intent, it is presumed that a married woman directs that her name, as it appears on the grave marker for the plot in which she is interred, include the same last name she used at the time of her death. (k) Any dispute among any of the persons listed in Subsection (a) concerning their right to control the disposition, including cremation, of a decedent's remains shall be resolved by a court of competent jurisdiction. A cemetery organization or funeral establishment shall not be liable for refusing to accept the decedent's remains, or to inter or otherwise dispose of the decedent's remains, until it receives a court order or other suitable confirmation that the dispute has been resolved or settled. SECTION 2. The change in law made by this Act applies only to a grave marker attached to a plot with respect to which a decedent interred in the plot died on or after January 1, 1998. SECTION 3. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted. HB 1607 - HOUSE REFUSES TO CONCUR IN SENATE AMENDMENTS CONFERENCE COMMITTEE APPOINTED Representative Thompson called up with senate amendments for consideration at this time, HB 1607, A bill to be entitled An Act relating to the assignment of a statutory probate court judge to hear a contested probate matter. Representative Thompson moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 1607. The motion prevailed without objection.



	The chair announced the appointment of the following conference committee, on the part of the house, on HB 1607: Thompson, chair, Hinojosa, Hartnett, Uresti, and J. Solis. HB 1654 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Maxey called up with senate amendments for consideration at this time, HB 1654, A bill to be entitled An Act relating to the regulation of private sewage facilities; providing a criminal penalty. On motion of Representative Maxey, the house concurred in the senate amendments to HB 1654. Senate Committee Substitute CSHB 1654, A bill to be entitled An Act relating to the regulation of private sewage facilities; providing a criminal penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 7.173, Water Code, is amended to read as follows: Sec. 7.173. VIOLATION RELATING TO SEWAGE DISPOSAL [~~NEAR INTERNATIONAL BORDER~~ ]. (a) A person commits an offense if the person violates a rule adopted by the commission under Chapter 366, Health and Safety Code, or an order or resolution adopted by an authorized agent under Subchapter C, Chapter 366, Health and Safety Code[~~, in a county that is contiguous to an international border~~ ]. (b) Except as provided by this subsection, an offense under this section is a Class C misdemeanor. If it is shown on the trial of the defendant that the defendant has been previously convicted of an offense under this section, the offense is punishable under Section 7.187(1)(A) or Section 7.187(2)(A) or both. SECTION 2. This Act takes effect September 1, 1999. SECTION 3. (a) The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. For 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. SECTION 4. 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. HB 1655 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Luna called up with senate amendments for consideration at this time,



	HB 1655, A bill to be entitled An Act relating to the rate and allocation of the hotel occupancy tax in certain municipalities. On motion of Representative Luna, the house concurred in the senate amendments to HB 1655 by (Record 487): 144 Yeas, 0 Nays, 2 Present, not voting. Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Cook; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, 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. Present, not voting - Mr. Speaker; Bosse(C). Absent, Excused - Corte; Crownover; Jones, D. Absent - Coleman. Senate Committee Substitute CSHB 1655, A bill to be entitled An Act relating to the rate and allocation of the hotel occupancy tax in certain municipalities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 351.003, Tax Code, is amended by adding Subsection (d) to read as follows: (d) The rate in a municipality that borders on the Gulf of Mexico and has a population of more than 250,000 may not exceed nine percent of the price paid for a room. SECTION 2. Subchapter B, Chapter 351, Tax Code, is amended by adding Section 351.107 to read as follows: Sec. 351.107. ALLOCATION OF REVENUE; CERTAIN LARGE COASTAL MUNICIPALITIES. (a) This section applies only to a municipality that borders on the Gulf of Mexico and has a population of more than 250,000. (b) A municipality to which this section applies shall separately account for all revenue derived from the application of the tax imposed by this chapter at a rate of more than seven percent of the cost of a room. (c) Subject to Subsection (e), revenue described by Subsection (b) may be used only for:



	(1) acquiring land for a municipally owned convention center; (2) constructing, improving, enlarging, equipping, repairing, operating, and maintaining a municipally owned convention center; and (3) paying bonds used to finance activities described by Subdivision (1) or (2). (d) For the purpose of the allocation of revenue under Section 351.103, revenue described by Subsection (b) is not counted. (e) Notwithstanding any other provision of this chapter, a municipality to which this section applies may use all or any portion of the revenue derived from the municipal hotel occupancy tax from hotels previously subject to a county hotel occupancy tax to clean and maintain public beaches in the municipality. (f) In this section: (1) "Clean and maintain" has the meaning assigned by Section 61.063, Natural Resources Code. (2) "Public beach" has the meaning assigned by Section 61.001, Natural Resources Code. SECTION 3. If on or after the effective date of this Act a municipality increases the rate of the tax authorized by Section 351.003(d), Tax Code, as added by this Act, the increased tax rate does not apply to the tax imposed on the use or possession of a room under a contract executed before the effective date of this Act that provides for the payment of the tax at the rate in effect when the contract was executed unless the contract is subject to change or modification by reason of the tax rate increase. The tax rate applicable to the use or possession of a room under the contract is the rate in effect when the contract was executed, and the law governing that rate is continued in effect for that purpose. SECTION 4. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted. HB 1703 - HOUSE REFUSES TO CONCUR IN SENATE AMENDMENTS CONFERENCE COMMITTEE APPOINTED Representative Gallego called up with senate amendments for consideration at this time, HB 1703, A bill to be entitled An Act relating to the application and enforcement of traffic regulations in certain private subdivisions. Representative Gallego moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 1703. The motion prevailed without objection. The chair announced the appointment of the following conference committee, on the part of the house, on HB 1703: Gallego, chair, Y. Davis, Hawley, Alexander, and Siebert.



	HB 1764 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Farabee called up with senate amendments for consideration at this time, HB 1764, A bill to be entitled An Act relating to coverage by a health benefit plan of reconstructive breast surgery after mastectomy. On motion of Representative Farabee, the house concurred in the senate amendments to HB 1764 by (Record 488): 143 Yeas, 0 Nays, 3 Present, not voting. Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; 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; 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; 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. Present, not voting - Mr. Speaker; Bosse(C); Hartnett. Absent, Excused - Corte; Crownover; Jones, D. Absent - Shields. Senate Committee Substitute CSHB 1764, A bill to be entitled An Act relating to coverage by a health benefit plan of reconstructive breast surgery after mastectomy. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 21.53D, Insurance Code, as added by Chapter 84, Acts of the 75th Legislature, Regular Session, 1997, is redesignated as Article 21.53I and amended to read as follows: Art. 21.53I [~~21.53D~~ ]. COVERAGE FOR RECONSTRUCTIVE SURGERY AFTER MASTECTOMY Sec. 1. DEFINITIONS. In this article: (1) "Health benefit plan" means a plan described by Section 2 of this article. (2) "Breast reconstruction" means reconstruction of a breast incident to mastectomy to restore or achieve breast symmetry. The term includes



	surgical reconstruction of a breast on which mastectomy surgery has been performed and surgical reconstruction of a breast on which mastectomy surgery has not been performed. (3) "Enrollee" means a person entitled to coverage under a health benefit plan. Sec. 2. SCOPE OF ARTICLE. (a) This article applies only to a health benefit plan that[: [~~(1)~~ ] provides benefits for medical or surgical expenses incurred as a result of a health condition, accident, or sickness, including[: [~~(A)~~ ] an individual, group, blanket, or franchise insurance policy or insurance agreement, a group hospital service contract, or an individual or group evidence of coverage or similar coverage document that is offered by: (1) [~~(i)~~ ] an insurance company; (2) [~~(ii)~~ ] a group hospital service corporation operating under Chapter 20 of this code; (3) [~~(iii)~~ ] a fraternal benefit society operating under Chapter 10 of this code; (4) [~~(iv)~~ ] a stipulated premium insurance company operating under Chapter 22 of this code; (5) a reciprocal exchange operating under Chapter 19 of this code; (6) [~~or (v)~~ ] a health maintenance organization operating under the Texas Health Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance Code); (7) a multiple employer welfare arrangement that holds a certificate of authority under Article 3.95-2 of this code; or (8) an approved nonprofit health corporation that holds a certificate of authority issued by the commissioner under Article 21.52F of this code [~~(B) to the extent permitted by the Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.), a health benefit plan that is offered by:~~ [~~(i) a multiple employer welfare arrangement as defined by Section 3, Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1002); or~~ [~~(ii) another analogous benefit arrangement; or~~ [(2) is offered by an approved nonprofit health corporation that is certified under Section 5.01(a), Medical Practice Act (Article 4495b, Vernon's Texas Civil Statutes), and that holds a certificate of authority issued by the commissioner under Article 21.52F of this code ]. (b) This article does not apply to: (1) a plan that provides coverage: (A) only for a specified disease or other limited benefit except for cancer; (B) only for accidental death or dismemberment; (C) only for wages or payments in lieu of wages for a period during which an employee is absent from work because of sickness or injury; (D) only [~~for specified accident, hospital indemnity, or other limited benefits health insurance policies;~~



	[~~(E)~~ ] for credit insurance; (E) [~~(F)~~ ] only for dental or vision care; (F) only for indemnity [~~(G)~~ ] for hospital confinement [~~indemnity coverage only~~ ]; or (G) [~~(H)~~ ] as a supplement to liability insurance; (2) [~~a small employer plan written under Chapter 26 of this code;~~ [~~(3)~~ ] a Medicare supplemental policy as defined by Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss), as amended; (3) [~~(4)~~ ] workers' compensation insurance coverage; (4) [~~(5)~~ ] medical payment insurance issued as part of a motor vehicle insurance policy; or (5) [~~(6)~~ ] a long-term care policy, including a nursing home fixed indemnity policy, unless the commissioner determines that the policy provides benefit coverage so comprehensive that the policy is a health benefit plan as described by Subsection (a) of this section. Sec. 3. COVERAGE REQUIRED. (a) A health benefit plan that provides coverage for mastectomy must provide coverage for: (1) reconstruction of the breast on which the mastectomy has been performed; (2) surgery and reconstruction of the other breast to achieve a symmetrical appearance; and (3) prostheses and treatment of physical complications, including lymphedemas, at all stages of mastectomy. (b) The coverage described by this section shall be provided in a manner determined to be appropriate in consultation with the attending physician and the enrollee. (c) The coverage described by this section may be subject to annual deductibles, copayments, and coinsurance that are consistent with annual deductibles, copayments, and coinsurance required for other benefits under the health benefit plan. (d) The benefits required by this subchapter may not be subject to dollar limitations other than the health benefit plan's lifetime maximum benefits [~~breast reconstruction. The coverage may be subject to the same deductible or copayment applicable to mastectomy~~ ]. Sec. 4. PROHIBITIONS [~~PROHIBITION~~ ]. (a) A health benefit plan may not: (1) offer a financial incentive for a patient to forgo breast reconstruction or to waive the coverage required by Section 3 of this article; (2) condition, limit, or deny the eligibility of an enrollee to enroll in the health benefit plan or to renew coverage under the terms of the plan solely for the purpose of avoiding the requirements of this article; or (3) reduce or limit the reimbursement or payment of, or otherwise penalize, an attending physician or provider or provide financial incentives or other benefits to an attending physician or provider to induce the physician or provider to provide care to an enrollee in a manner inconsistent with this article. (b) This section may not be construed to prevent a health benefit plan from negotiating with a physician or provider the level and type of



	reimbursement that physician or provider will receive for care provided in accordance with this article. Sec. 5. NOTICE. A health benefit plan that provides coverage under this article shall provide notice of the availability of that coverage to each enrollee in accordance with rules adopted by the commissioner. Sec. 6. SEVERABILITY. If any provision of this article or the application of this article to any person or circumstance is held invalid, the invalidity does not affect a provision or application of this article that can be given effect without the invalid provision or application, and to this end, the provisions of this article are declared to be severable. Sec. 7. RULES. The commissioner may adopt rules to implement this article and to meet the minimum requirements of federal law. SECTION 2. This Act applies to a health benefit plan in effect on the effective date of this Act or that is delivered, or issued for delivery, on or after the effective date of this Act. SECTION 3. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted. HB 1876 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Hinojosa called up with senate amendments for consideration at this time, HB 1876, A bill to be entitled An Act relating to theft of or tampering with multichannel video or information services; providing penalties. On motion of Representative Hinojosa, the house concurred in the senate amendments to HB 1876. Senate Amendment No. 1 Amend HB 1876 as follows: (1) In SECTION 2 of the bill, in amended Subsection (a), Section 31.13, Penal Code (Senate Committee Printing, page 3, line 6), between "with an intent to aid" and "an offense", insert "in the commission of". (2) In SECTION 3 of the bill, in proposed Subsection (a), Section 31.14, Penal Code (Senate Committee Printing, page 3, lines 26 and 27), strike the language between "intentionally or knowingly" and "a device" and substitute "sells or leases, with an intent to aid in the commission of an offense under Section 31.12,". (3) In SECTION 3 of the bill, in proposed Subsection (a), Section 31.14, Penal Code (Senate Committee Printing, page 3, lines 31-34), strike the language between "information services provider" and the period at the end of the subsection. (4) Strike SECTION 5 of the bill and renumber the existing SECTIONS of the bill accordingly.



	MESSAGE FROM THE SENATE A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 5). HB 1921 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Chisum called up with senate amendments for consideration at this time, HB 1921, A bill to be entitled An Act relating to the appointment of a bailiff for certain counties in the 84th Judicial District. On motion of Representative Chisum, the house concurred in the senate amendments to HB 1921 by (Record 489): 145 Yeas, 0 Nays, 2 Present, not voting. Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; 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. Present, not voting - Mr. Speaker; Bosse(C). Absent, Excused - Corte; Crownover; Jones, D. Senate Committee Substitute CSHB 1921, A bill to be entitled An Act relating to the appointment of a bailiff for certain counties in the 84th Judicial District. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 53.002, Government Code, is amended by adding Subsection (h) to read as follows: (h) The judge of the 84th District Court may appoint a bailiff to serve the court in Hansford and Hutchinson counties. SECTION 2. Section 53.009(k), Government Code, is amended to read as follows: (k) The bailiffs of the 12th, 84th, 258th, and 278th district courts are entitled to receive a salary set by the judge and approved by the



	commissioners court of each of the counties in which the bailiff is designated to serve, except that the amount of the salary paid the bailiff of the 84th District Court must be commensurate with the salary paid the bailiffs of other courts with similar duties. The salary shall be apportioned by the judge among the counties in which the bailiff is designated to serve. The judge shall give each commissioners court in the district written notification of the amount of compensation to be paid by the county. The salary is paid out of the general fund of each county. SECTION 3. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted. HB 1984 - HOUSE REFUSES TO CONCUR IN SENATE AMENDMENTS CONFERENCE COMMITTEE APPOINTED Representative Chisum called up with senate amendments for consideration at this time, HB 1984, A bill to be entitled An Act relating to the consolidation of emergency communication districts. Representative Chisum moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 1984. The motion prevailed without objection. The chair announced the appointment of the following conference committee, on the part of the house, on HB 1984: Bosse, chair, B. Turner, Carter, Keel, and Najera. HB 2124 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Cuellar called up with senate amendments for consideration at this time, HB 2124, A bill to be entitled An Act relating to protective orders and the protection of victims of family violence, including the creation of certain capital offenses. On motion of Representative Cuellar, the house concurred in the senate amendments to HB 2124. Senate Amendment No. 1 (Senate Committee Amendment No. 1) Amend HB 2124 as follows: On page 7, line 2 strike subsection (9). On page 8, line 8 strike subsection (F). On page 8, line 24 unstrike "imminent". On page 9, line 8 strike "a" and unstrike "an adult".



	HB 2394 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Maxey called up with senate amendments for consideration at this time, HB 2394, A bill to be entitled An Act relating to the regulation of the practice of optometry. On motion of Representative Maxey, the house concurred in the senate amendments to HB 2394. Senate Amendment No. 1 Amend HB 2394, Sec. 3.085 (2) as follows: In Sec. 3.085 (2) of the bill (page 2, line 10) strike "substantially" and after equivalent add "or superior". HB 2421 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Uresti called up with senate amendments for consideration at this time, HB 2421, A bill to be entitled An Act relating to the accrual of interest on delinquent child support. On motion of Representative Uresti, the house concurred in the senate amendments to HB 2421. Senate Committee Substitute CSHB 2421, A bill to be entitled An Act relating to the accrual of interest on delinquent child support. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 157.265(a), Family Code is amended to read as follows: Sec. 157.265. ACCRUAL OF INTEREST ON CHILD SUPPORT. (a) Interest accrues on the portion of delinquent child support that is greater than the amount of the monthly periodic support obligation at the rate of 12 percent simple interest per year from the date the support is delinquent until the date the support is paid or the arrearages are confirmed and reduced to money judgment. SECTION 2. Section 157.266(a), Family Code, is amended to read as follows: Sec. 157.266. DATE OF DELINQUENCY. (a) A child support payment is delinquent for the purpose of accrual of interest if the payment is not received before the 31st day after the payment date stated in the order by: (1) the local registry, [or ] Title IV-D registry, or state disbursement unit; or (2) the obligee or entity specified in the order, if payments are not made through a registry. SECTION 2. This Act takes effect January 1, 2000, and applies only to a child support payment that becomes due on or after that date. A child



	support payment that becomes due before the effective date of this Act is governed by the law in effect on the date the child support payment became due, and the former law is continued in effect for that purpose. SECTION 3. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended. HB 2434 - HOUSE REFUSES TO CONCUR IN SENATE AMENDMENTS CONFERENCE COMMITTEE APPOINTED Representative Uher called up with senate amendments for consideration at this time, HB 2434, A bill to be entitled An Act relating to insurance provided by or through certain development corporations created by certain political subdivisions. Representative Uher moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 2434. The motion prevailed without objection. The chair announced the appointment of the following conference committee, on the part of the house, on HB 2434: Uher, chair, Carter, Greenberg, Tillery, and Bonnen. HB 2441 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Goodman called up with senate amendments for consideration at this time, HB 2441, A bill to be entitled An Act relating to the requirement that parents participate in a parenting course and counseling in certain suits involving children. On motion of Representative Goodman, the house concurred in the senate amendments to HB 2441. Senate Amendment No. 1 (Senate Committee Amendment No. 1) Amend HB 2441 as follows: On page 4, insert a new section (l) between lines 14 and 15, to read as follows: (l) A person who has attended a course under this section may not be required to attend the course more than twice before the fifth anniversary of the date the person completes the course for the first time. Senate Amendment No. 2 (Senate Committee Amendment No. 2) Amend HB 2441 as follows: On page 4, line 14, insert a new sentence after the word "available." to read as follows:



	A party to a suit may not be required to pay more than $100 to attend a course ordered under this section. Senate Amendment No. 3 (Senate Committee Amendment No. 3) Amend HB 2441 as follows: On page 3, line 14, strike the word "~~offered~~ " and insert the word "completed" after the word "be". Senate Amendment No. 4 (Senate Committee Amendment No. 4) Amend HB 2441 as follows: 1. On page 2, line 19, insert the word "or" after the word "education;" 2. On page 2, line 22, strike "~~; or~~ " after the word "institution" 3. On page 2, line 22, insert the words "if the litigant so chooses." after the word "institution" 4. On page 2, beginning on line 23, strike subsection (3) in its entirety Senate Amendment No. 5 (Senate Committee Amendment No. 5) Amend HB 2441 as follows: On page 1, line 18, insert the words ", but not more than twelve hours," after the word "hours". HB 2510 - HOUSE REFUSES TO CONCUR IN SENATE AMENDMENTS CONFERENCE COMMITTEE APPOINTED Representative Dukes called up with senate amendments for consideration at this time, HB 2510, A bill to be entitled An Act relating to the administration and operation of the workers' compensation program of this state. Representative Dukes moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 2510. The motion prevailed without objection. The chair announced the appointment of the following conference committee, on the part of the house, on HB 2510: Dukes, chair, Brimer, George, Ritter, and Giddings. HB 2522 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Greenberg called up with senate amendments for consideration at this time, HB 2522, A bill to be entitled An Act relating to the administration of retirement systems for paid, partly paid, or volunteer firefighters. On motion of Representative Greenberg, the house concurred in the senate amendments to HB 2522. Senate Committee Substitute CSHB 2522, A bill to be entitled An Act relating to the administration of retirement systems for paid, partly paid, or volunteer firefighters.



	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 18(a), Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), is amended to read as follows: (a) A board of trustees established under this Act may receive, handle, control, manage, and disburse the fund for the retirement system, hear and determine all applications for retirement and claims for disability, either partial or total, and designate beneficiaries and participants as provided by this Act. The chairman and vice chairman of a board may swear witnesses for the purpose of taking testimony before the board on any matter related to the fund. A board may issue a subpoena addressed to a sheriff or constable to require the attendance of a witness or the production of books, records, or other documents that may be necessary and proper for the purposes of a proceeding before the board. SECTION 2. The Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas Civil Statutes) is amended by adding Section 18A to read as follows: Sec. 18A. ENFORCEMENT OF ACT. (a) If a board of trustees fails or refuses to comply with an applicable requirement of this Act, the fire fighters' pension commissioner may issue a subpoena addressed to a sheriff' or constable to require the production of books, records, or other documents that may be necessary to provide or determine compliance. (b) The attorney general shall represent the fire fighters' pension commissioner in the enforcement of this Act and may file an appropriate pleading or action in a district court in Travis County to enforce a subpoena or secure a writ of mandamus to compel compliance with this Act. SECTION 3. Section 25, Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), is amended to read as follows: Sec. 25. OTHER EXPENSES. (a) Except as provided by Subsection (b) [~~(c)~~ ] of this section, a board of trustees established under this Act may pay from assets of the fund all [~~the~~ ] costs reasonably and lawfully [~~of legal fees and medical fees~~ ] incurred by the retirement system and the costs of actual [~~and necessary~~ ] expenses incurred by board members in the performance of their duties on the board. A member of the board may not receive compensation for service on the board. (b) [Except as provided by Subsection (c) of this section, a board of trustees may make payments from the fund for expenses in addition to those described by Subsection (a) of this section, if the expenses are first approved by a majority of the participating members of the retirement system voting by secret ballot at an election at which at least 50 percent of the participating members vote. ] [~~(c)~~ ] The annual amount of payments from a fund under [~~Subsections (a) and (b) of~~ ] this section, excluding legal and medical fees, may not exceed: (1) 1 percent of the book value of the assets of the fund for the first $1 million in book value; and (2) 1/4 of 1 percent of the book value of the assets of the fund that exceeds $1 million. SECTION 4. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an



	imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted. HB 2526 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Cuellar called up with senate amendments for consideration at this time, HB 2526, A bill to be entitled An Act relating to the penalties for poaching. On motion of Representative Cuellar, the house concurred in the senate amendments to HB 2526. Senate Amendment No. 1 (Senate Committee Amendment No. 1) Amend HB 2526, Engrossed Version, on page 7, line 19, by striking "general revenue fund" and substituting "game, fish, and water safety account". Senate Amendment No. 2 (Senate Committee Amendment No. 2) Amend HB 2526, Engrossed Version, on page 1, line 17, by striking ", motor vehicle,". HB 2537 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Y. Davis called up with senate amendments for consideration at this time, HB 2537, A bill to be entitled An Act relating to warranty performance obligations applicable to certain motor vehicles. On motion of Representative Y. Davis, the house concurred in the senate amendments to HB 2537. Senate Committee Substitute CSHB 2537, A bill to be entitled An Act relating to warranty performance obligations applicable to certain motor vehicles. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 6.07(a), Texas Motor Vehicle Commission Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended to read as follows: (a) In addition to the other powers and duties provided for in this Act, the board [~~Commission~~ ] shall cause manufacturers, converters, and distributors to perform the obligations imposed by this section. In this section "owner" means a person who: (1) purchased a vehicle at retail from a licensee and is entitled to enforce the terms of a manufacturer's warranty with respect to the vehicle; (2) is a lessor or lessee, other than a sublessee, who purchased or leased the vehicle from a licensee; or (3) is the transferee or assignee of any of the persons described in



	Subdivisions (1) or (2) of this subsection if the transferee or assignee is a Texas resident and is entitled to enforce the terms of a manufacturer's warranty. [For purposes of this section, the term "owner" means a retail purchaser, lessor, lessee other than a sublessee, or the person so designated on the certificate of title to a motor vehicle issued by the Texas Department of Transportation, or an equivalent document issued by the duly authorized agency of any other state, or any person to whom such motor vehicle is legally transferred during the duration of a manufacturer's or distributor's express warranty applicable to such motor vehicle, and any other person entitled by the terms of the manufacturer's, converter's, or distributor's express warranty to enforce the obligations thereof. ] 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. HB 2539 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Y. Davis called up with senate amendments for consideration at this time, HB 2539, A bill to be entitled An Act relating to the issuance of temporary license plates for vehicle converters. On motion of Representative Y. Davis, the house concurred in the senate amendments to HB 2539. Senate Committee Substitute CSHB 2539, A bill to be entitled An Act relating to the issuance of license plates for vehicle converters. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter C, Chapter 503, Transportation Code, is amended by adding Section 503.0618 to read as follows: Sec. 503.0618. CONVERTER'S LICENSE PLATES. (a) In this section, "converter" means a person who holds a converter's license issued under the Texas Motor Vehicle Commission Code (Article 4413(36), Vernon's Texas Civil Statutes). (b) Instead of registering under Chapter 502 a vehicle that a converter operates or permits to be operated on a public street or highway, the converter may apply for, receive, and attach metal converter's license plates to the vehicle if it is the type of vehicle that the converter is engaged in the business of assembling or modifying. (c) The fee for a metal converter's license plate is $20. (d) The department shall prescribe the form of an application under this section. SECTION 2. Subchapter C, Chapter 503, Transportation Code, is amended by adding Section 503.0625 to read as follows:



	Sec. 503.0625. CONVERTER'S TEMPORARY CARDBOARD TAGS. (a) In this section, "converter" means a person who holds a converter's license issued under the Texas Motor Vehicle Commission Code (Article 4413(36), Vernon's Texas Civil Statutes). (b) A converter may issue a temporary cardboard tag for use on an unregistered vehicle by the converter or the converter's employees only to: (1) demonstrate or cause to be demonstrated to a prospective buyer who is an employee of a franchised motor vehicle dealer the vehicle; or (2) convey or cause to be conveyed the vehicle: (A) from one of the converter's places of business in this state to another of the converter's places of business in this state; (B) from the converter's place of business to a place the vehicle is to be assembled, repaired, reconditioned, modified, or serviced; (C) from the state line or a location in this state where the vehicle is unloaded to the converter's place of business; (D) from the converter's place of business to a place of business of a franchised motor vehicle dealer; or (E) to road test the vehicle. (c) Subsection (b)(1) does not prohibit a converter from permitting a prospective buyer who is an employee of a franchised motor vehicle dealer to operate a vehicle while the vehicle is being demonstrated. (d) A vehicle being conveyed while displaying a temporary tag issued under this section is exempt from the inspection requirements of Chapter 548. (e) The department may not issue a converter temporary cardboard tag or contract for the issuance of a converter temporary cardboard tag but shall prescribe the specifications, form, and color of a converter temporary cardboard tag. (f) A converter or employee of a converter may not use a temporary cardboard tag issued under this section as authorization to operate a vehicle for the converter's or the employee's personal use. SECTION 3. This Act takes effect September 1, 1999. SECTION 4. 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. HB 2572 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Junell called up with senate amendments for consideration at this time, HB 2572, A bill to be entitled An Act relating to the reservation of riparian rights associated with land sold by certain municipalities. On motion of Representative Junell, the house concurred in the senate amendments to HB 2572 by (Record 490): 145 Yeas, 0 Nays, 2 Present, not voting. Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum;



	Christian; Clark; Coleman; Cook; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; 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. Present, not voting - Mr. Speaker; Bosse(C). Absent, Excused - Corte; Crownover; Jones, D. Senate Amendment No. 1 (Senate Committee Amendment No. 1) Amend HB 2572 in SECTION 1 of the bill, in Section 272.001(h), Local Government Code, by striking the added sentence (page 1, lines 15-18, Engrossed version) and substituting the following: To protect the public health, safety, or welfare and to ensure an adequate municipal water supply, property sold by the municipality under this subsection is not eligible for and the owner is not entitled to the exemption provided by Section 11.142(a), Water Code. The instrument conveying property under this subsection must include a provision stating that the exemption does not apply to the conveyance. HB 2573 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Wolens called up with senate amendments for consideration at this time, HB 2573, A bill to be entitled An Act relating to tertiary medical care. On motion of Representative Wolens, the house concurred in the senate amendments to HB 2573. Senate Committee Substitute CSHB 2573, A bill to be entitled An Act relating to tertiary medical care. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle B, Title 2, Health and Safety Code, is amended by adding Chapter 46 to read as follows: CHAPTER 46. TERTIARY MEDICAL CARE Sec. 46.001. DEFINITIONS. In this chapter: (1) "Tertiary care facility" means a:



	(A) primary teaching hospital of a medical school; (B) level I trauma center; (C) level II trauma center; or (D) level III trauma center. (2) "Tertiary medical services" includes, but is not limited to, services provided by state-designated trauma centers, burn center treatment, neonatology Level III unit services, pediatric surgery, trauma surgery, neurosurgery, cardiothoracic and vascular surgery, organ transplant, services provided for a life threatening dermatologic illness, services provided to a person with a high risk pregnancy or cancer, and radiation oncology. (3) "Stabilization services" means services provided by a tertiary care facility or a level IV designated trauma center that are necessary to assure, within reasonable medical probability, that no material deterioration of a patient's medical condition is likely to result from or occur during the transfer of the patient to a tertiary care facility. (4) "Unreimbursed tertiary medical services" means tertiary care medical services for which a tertiary care facility has not received full payment from any public or private source. (5) "Unreimbursed stabilization services" means stabilization services for which a tertiary care facility or level IV designated trauma facility has not received full payment from any public or private source. Sec. 46.002. RULES. (a) The board may adopt rules to implement a system that encourages hospitals to provide tertiary medical services and stabilization services. (b) The rules must address: (1) coordination of tertiary medical services and stabilization services among health care facilities in the delivery area; (2) pre-hospital care management guidelines for triage, transfer, and transportation of patients and periodic evaluation of tertiary care facilities' and level IV trauma facilities' compliance with the guidelines and the trauma facility rules, as appropriate; (3) requirements for data collection, including patient outcomes; (4) assurances that tertiary care facilities will not refuse to accept the transfer of a patient solely because of the person's inability to pay for services or because of the person's age, sex, race, religion, or national origin; and (5) enforcement of the rules. Sec. 46.003. TERTIARY CARE ACCOUNT. (a) The tertiary care account is an account in the state treasury. Money in the account may be appropriated only to the department for the purposes of this chapter. (b) The account is composed of money appropriated to the account and any other funds required to be put in the account. (c) The department may seek and accept gifts, grants, and donations from any public or private entity on behalf of the account. (d) Section 403.095, Government Code, does not apply to the account. (e) For each fiscal year, five percent of the total amount in the account shall be held in reserve and may be used only for reimbursement of unpaid tertiary medical services and stabilization services provided as a result of



	extraordinary emergencies occurring during that year. Of the amount remaining, not more than five percent may be used for the costs of administering the account. (f) Except as provided by subsection (e), the account shall be allocated for payment to tertiary care facilities and level IV trauma centers for unreimbursed tertiary medical services and stabilization services, as provided for in Section 46.005 and 46.006. Sec. 46.004. COLLECTION OF INFORMATION. (a) Each tertiary care facility or level IV trauma facility that seeks payment under this chapter shall submit to the department, in the manner and at the time required by the department, information that relates to the unreimbursed tertiary medical services or stabilization services provided to persons who reside outside the service area of the county, public hospital, or hospital district that is responsible for indigent health care under Chapter 61 in the area in which the tertiary care facility or level IV trauma facility is located. (b) The board shall adopt rules governing the collection of the information under Subsection (a). Sec. 46.005. CERTIFICATION TO COMPTROLLER OF UNREIMBURSED TERTIARY MEDICAL SERVICES. (a) The department shall certify to the comptroller for each tertiary care facility the cost of unreimbursed tertiary medical services provided to persons who reside outside the service area of the county, public hospital, or hospital district that is responsible for indigent health care under Chapter 61 in the area in which the tertiary care facility is located. (b) In each fiscal year the department shall use at least 86 percent of the appropriated money in the tertiary care account to compensate tertiary care facilities for unreimbursed tertiary medical services. (c) Each year the department shall make, for a facility that operated as a tertiary care facility during the previous year, an initial certification to the comptroller under Subsection (a) in an amount that equals 80 percent of the amount certified under this section for the facility in the previous year. The department shall make a subsequent certification of the cost of additional unreimbursed tertiary medical services provided by the facility on receipt from the facility of the information required to be submitted under Section 46.004. (d) Except as provided by Subsection (e), each year the comptroller shall pay a tertiary care facility the certified amount determined under Subsection (a) from the funds specified under Section 46.003(f). (e) If in any year the total cost of unreimbursed tertiary medical services certified under Subsection (a) for all tertiary care facilities exceeds the amount available for payment to the facilities under Section 46.003(f), the department shall allocate the amount available under Section 46.003(f) to each facility based on the percentages computed by dividing the cost of the facility's unreimbursed services by the total cost of all facilities' unreimbursed services. The comptroller shall pay each tertiary care facility based on the allocation made under this Subsection. (f) For purposes of this section and Section 46.007, the cost of each service provided by a tertiary care facility is the average amount payable under Medicare reimbursement policies for that service.



	Sec. 46.006. CERTIFICATION TO COMPTROLLER OF UNREIMBURSED STABILIZATION SERVICES. (a) The department shall certify to the comptroller for each tertiary care facility or level IV trauma facility the cost of unreimbursed stabilization services provided to persons who reside outside the service area of the county, public hospital, or hospital district that is responsible for indigent health care under Chapter 61 in the area in which the tertiary care facility or level IV trauma facility is located. (b) In each fiscal year the department shall use no more than four percent of the appropriated money in the tertiary care account to compensate tertiary care facilities and level IV trauma facilities for unreimbursed stabilization services. (c) Each year the department shall make, for a facility that operated as a tertiary care facility or level IV trauma facility during the previous year, an initial certification to the comptroller under Subsection (a) in an amount that equals 80 percent of the amount certified under this section for the facility in the previous year. The department shall make a subsequent certification of the cost of additional unreimbursed stabilization services provided by the facility on receipt from the facility of the information required to be submitted under Section 46.004. (d) Except as provided by Subsection (e), each year the comptroller shall pay a tertiary care facility or level IV trauma facility the certified amount determined under Subsection (a) from the funds specified under Section 46.003(f). (e) If in any year the total cost of unreimbursed stabilization services certified under Subsection (a) for all tertiary care facilities or level IV trauma facilities exceeds the amount available for payment to the facilities under Section 46.003(f), the department shall allocate the amount available under Section 46.003(f) to each facility based on the percentages computed by dividing the cost of the facility's unreimbursed stabilization services by the total cost of all facilities' unreimbursed stabilization services. The comptroller shall pay each tertiary care facility or level IV trauma facility based on the allocation made under this Subsection. (f) For purposes of this section and Section 46.007, the cost of each service provided by a tertiary care facility or level IV trauma facility is the average amount payable under Medicare reimbursement policies for that service. Sec. 46.007. CERTIFICATION OF EMERGENCIES. (a) For purposes of reimbursing extraordinary emergencies under this chapter, the department shall certify an extraordinary emergency: (1) if the governor issues an executive order or a proclamation under Chapter 418, Government Code; (2) if a disaster is declared by the president of the United States under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Section 5121 et seq.); or (3) for another similar disaster the department finds has resulted in an extraordinary cost to a tertiary care facility or level IV trauma facility. (b) If an extraordinary emergency is certified under Subsection (a), the department shall certify to the comptroller the amount of unreimbursed tertiary



	medical services or stabilization services or transportation services incurred by a tertiary care facility or level IV trauma facility, as appropriate, during the emergency. (c) Except as provided by Subsection (d), each year the comptroller shall pay a tertiary care facility or level IV trauma facility the certified amount determined under Subsection (b) from the funds specified under Section 46.003(e). (d) If in any year the total cost of unreimbursed tertiary medical services or stabilization services certified under Subsection (b) for all facilities exceeds the amount available for payment to the facilities under Section 46.003(e), the department shall allocate the amount available under Section 46.003(e) to each facility based on the percentages computed by dividing the cost of the facility's or provider unreimbursed services by the total cost of all facilities' unreimbursed services. The comptroller shall pay each tertiary care facility or level IV trauma facility based on the allocation made under this Subsection. SECTION 2. This Act takes effect September 1, 1999. SECTION 3. This Act takes effect only if a specific appropriation for the implementation of this Act is provided in H.B. No. 1 (General Appropriations Act), Acts of the 76th Legislature, Regular Session, 1999. If no specific appropriation is provided in H.B. No. 1, the General Appropriations Act, this Act has no effect. SECTION 4. 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. HB 2620 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Ramsay called up with senate amendments for consideration at this time, HB 2620, A bill to be entitled An Act relating to authorizing counties to prohibit or restrict outdoor burning; providing a criminal penalty. On motion of Representative Ramsay, the house concurred in the senate amendments to HB 2620. Senate Amendment No. 1 (Senate Committee Amendment No. 1) Amend HB 2620 Section 1 by adding Section 240.906(f)(3) to read Section 240.906(f) This Section does not apply to . . . (3) harvesting of agriculture crops. HB 2748 - HOUSE REFUSES TO CONCUR IN SENATE AMENDMENTS CONFERENCE COMMITTEE APPOINTED Representative Smithee called up with senate amendments for consideration at this time,



	HB 2748, A bill to be entitled An Act relating to coverage for certain care for children provided through a health maintenance organization. Representative Smithee moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 2748. The motion prevailed without objection. The chair announced the appointment of the following conference committee, on the part of the house, on HB 2748: Smithee, chair, Eiland, Seaman, G. Lewis, and Olivo. HB 2760 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative J. Moreno called up with senate amendments for consideration at this time, HB 2760, A bill to be entitled An Act relating to special license plates for certain persons retired from service in the merchant marine of the United States. On motion of Representative J. Moreno, the house concurred in the senate amendments to HB 2760. Senate Committee Substitute CSHB 2760, A bill to be entitled An Act relating to special license plates for persons retired from service in the merchant marine of the United States. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter F, Chapter 502, Transportation Code, is amended by adding Section 502.2585 to read as follows: Sec. 502.2585. PERSONS RETIRED FROM SERVICE IN MERCHANT MARINE OF THE UNITED STATES. (a) The department shall issue specially designed license plates for passenger cars and light trucks owned by persons retired from service in the merchant marine of the United States. (b) License plates issued under this section must include the words "merchant marine." (c) The department shall issue license plates under this section to a person who: (1) applies to the department on a form prescribed by the department; (2) pays an annual fee of $10 in addition to the fee prescribed by Section 502.161 and, if personalized prestige license plates are issued, in addition to the fee prescribed by Section 502.251; and (3) submits proof that the person is eligible under this section. (d) The department shall send 50 cents of each fee collected under this section to the county treasurer of the county in which the applicant resides. The county treasurer shall credit money received under this section to the general fund of the county to pay the costs of administering this section. (e) A person may be issued only one set of license plates under this section.



	(f) If the owner of a vehicle registered under this section disposes of the vehicle during the registration year, the owner shall return the special license plates to the department. The owner may then apply for issuance of those plates to another vehicle. 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. HB 2787 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Eiland called up with senate amendments for consideration at this time, HB 2787, A bill to be entitled An Act relating to the consideration of the location of a bidder's principal place of business in the award of contracts by certain local governments. On motion of Representative Eiland, the house concurred in the senate amendments to HB 2787. Senate Committee Substitute CSHB 2787, A bill to be entitled An Act relating to the consideration of the location of a bidder's principal place of business in the award of contracts by certain local governments. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter Z, Chapter 271, Local Government Code, is amended by adding Section 271.905 to read as follows: Sec. 271.905. CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS. (a) In this section, "local government" means a municipality with a population of 100,000 or less, a county with a population of 300,000 or less, or another political subdivision authorized under this title to purchase real property or personal property that is not affixed to real property. The term does not include a school district. (b) In purchasing under this title any real property or personal property that is not affixed to real property, if a local government receives one or more bids from a bidder whose principal place of business is in the local government and whose bid is within three percent of the lowest bid price received by the local government from a bidder who is not a resident of the local government, the local government may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the local government if the governing body of the local government determines, in writing, that the local bidder offers the local government the best combination of contract price and additional economic development opportunities for the local government created by the contract award, including the employment of residents of the local government and increased tax revenues to the local government.



	(c) This section does not prohibit a local government from rejecting all bids. SECTION 2. This Act applies only to a contract that is awarded on or after the effective date of this Act. SECTION 3. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted. HB 2815 - HOUSE REFUSES TO CONCUR IN SENATE AMENDMENTS CONFERENCE COMMITTEE APPOINTED Representative Junell called up with senate amendments for consideration at this time, HB 2815, A bill to be entitled An Act relating to the petroleum storage tank program; providing a penalty. Representative Junell moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 2815. The motion prevailed without objection. The chair announced the appointment of the following conference committee, on the part of the house, on HB 2815: Junell, chair, Counts, T. King, Cook, and Swinford. HB 2835 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative S. Turner called up with senate amendments for consideration at this time, HB 2835, A bill to be entitled An Act relating to information that certain state agencies must post on the Internet. On motion of Representative S. Turner, the house concurred in the senate amendments to HB 2835. Senate Amendment No. 1 (Senate Committee Amendment No. 1) Amend HB 2835 as follows: Between "exceeding" and "that" (HOUSE ENGROSSMENT, page 2, line 3), delete "$15,000" and insert "$100,000" in its place. Senate Amendment No. 2 (Senate Committee Amendment No. 2) Amend HB 2835 as follows: Between "agency" and "that" (HOUSE ENGROSSMENT, page 1, line 8) insert ", other than an institution of higher education,"



	HB 2842 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Brimer called up with senate amendments for consideration at this time, HB 2842, A bill to be entitled An Act relating to continued payment of salary by an employer as replacement for certain workers' compensation income benefits. On motion of Representative Brimer, the house concurred in the senate amendments to HB 2842. Senate Committee Substitute CSHB 2842, A bill to be entitled An Act relating to continued payment of salary by an employer as replacement for certain workers' compensation income benefits. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Section 408.003, Labor Code, is amended to read as follows: Sec. 408.003. REIMBURSABLE EMPLOYER PAYMENTS; SALARY CONTINUATION; OFFSET AGAINST INCOME BENEFITS; LIMITS. SECTION 2. Section 408.003, Labor Code, is amended by adding Subsections (f), (g), and (h) to read as follows: (f) Salary continuation payments made by an employer for an employee's disability resulting from a compensable injury shall be considered payment of income benefits for the purpose of determining the accrual date of any subsequent income benefits under this subtitle. (g) If an employer is subject to a contractual obligation with an employee or group of employees, such as a collective bargaining agreement or a written agreement or policy, under which the employer is required to make salary continuation payments, the employer is not eligible for reimbursement under this section for those payments. (h) Payments made as salary continuation or salary supplementation do not affect the exclusive remedy provisions of Section 408.001. SECTION 3. Subchapter F, Chapter 408, Labor Code, is amended by adding Section 408.105 to read as follows: Sec. 408.105. SALARY CONTINUATION IN LIEU OF TEMPORARY INCOME BENEFITS. (a) In lieu of payment of temporary income benefits under this subchapter, an employer may continue to pay the salary of an employee who sustains a compensable injury under a contractual obligation between the employer and employee, such as a collective bargaining agreement, written agreement, or policy. (b) Salary continuation may include wage supplementation if: (1) employer reimbursement is not sought from the carrier as provided by Section 408.127; and (2) the supplementation does not affect the employee's eligibility for any future income benefits. SECTION 4. This Act takes effect September 1, 1999, and applies only to a claim for workers' compensation benefits based on a compensable injury



	that occurs on or after that date. A claim based on a compensable injury that occurs before that date is governed by the law in effect on the date that the compensable injury occurred, and the former law is continued in effect for that purpose. SECTION 5. 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. HB 2873 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Maxey called up with senate amendments for consideration at this time, HB 2873, A bill to be entitled An Act relating to the operation of certain Medicaid waiver programs for children with disabilities or special health care needs. On motion of Representative Maxey, the house concurred in the senate amendments to HB 2873 by (Record 491): 144 Yeas, 0 Nays, 2 Present, not voting. Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Grusendorf; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, 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. Present, not voting - Mr. Speaker; Bosse(C). Absent, Excused - Corte; Crownover; Jones, D. Absent - Gutierrez. Senate Amendment No. 1 (Senate Committee Amendment No. 1) Amend HB 2873 as follows: (1) In SECTION 1 of the bill, in proposed Section 32.052(e), Human Resources Code (House engrossment, page 2, line 26), strike "department" and substitute "Health and Human Services Commission".



	(2) In SECTION 1 of the bill, in proposed Section 32.052(e), Human Resources Code (House engrossment, page 2, line 27), strike "to the department". (3) In SECTION 1 of the bill, in proposed Section 32.052(e), Human Resources Code (House engrossment, page 3, line 1), between "section" and the period, insert "to the commission and each appropriate agency providing those services". HB 2879 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Chavez called up with senate amendments for consideration at this time, HB 2879, A bill to be entitled An Act relating to creating an offense for transporting an individual under certain circumstances. On motion of Representative Chavez, the house concurred in the senate amendments to HB 2879. Senate Amendment No. 1 (Senate Committee Amendment No. 1) Amend HB 2879 as follows: In SECTION 1, amend Chapter 20, Penal Code (House Engrossed Version, on page 1, line 13) between "injury" and ".", insert "or death" HB 2894 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Heflin called up with senate amendments for consideration at this time, HB 2894, A bill to be entitled An Act relating to the creation of the Midtown Management District; providing authority to impose a tax and issue bonds. On motion of Representative Heflin, the house concurred in the senate amendments to HB 2894. Senate Committee Substitute CSHB 2894, A bill to be entitled An Act relating to the creation of the Midtown Management District; providing authority to impose a tax and issue bonds. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 376, Local Government Code, is amended by adding Subchapter H to read as follows: SUBCHAPTER H. MIDTOWN MANAGEMENT DISTRICT Sec. 376.301. CREATION OF DISTRICT. (a) The Midtown Management District is created as a special district under Section 59, Article XVI, Texas Constitution. (b) The board by resolution may change the district's name. (c) The creation of the district is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this subchapter.



	Sec. 376.302. DECLARATION OF INTENT. (a) The creation of the district is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, arts, entertainment, economic development, safety, and the public welfare in the municipality's midtown area. (b) The creation of the district and this legislation are not to be interpreted to relieve the county or the municipality from providing the level of services, as of the effective date of this subchapter, to the area in the district or to release the county or the municipality from the obligations each entity has to provide services to that area. The district is created to supplement and not supplant the municipal or county services provided in the area in the district. (c) By creating the district and in authorizing the municipality, county, and other political subdivisions to contract with the district, the legislature has established a program to accomplish the public purposes set out in Section 52-a, Article III, Texas Constitution. Sec. 376.303. DEFINITIONS. In this subchapter: (1) "Board" means the board of directors of the district. (2) "County" means Harris County. (3) "District" means the Midtown Management District. (4) "Municipality" means the City of Houston. (5) "Utility" means a person that provides to the public gas, electricity, telephone, sewage, or water service. Sec. 376.304. BOUNDARIES. The district includes all the territory contained within the following described area: Being all of the following described property in the Obedience Smith Survey, Abstract No. 696, and the James S. Holman Survey No. 323, City of Houston, Harris County, Texas and being more particularly described as follows: BEGINNING at the intersection of the westerly line of Bagby Street with the southerly line of McGowen Avenue; THENCE in a southwesterly direction along the westerly line of Bagby Street to its intersection with the southerly line of Tuam Street; THENCE in a southeasterly direction along the southerly line of Tuam Avenue to its intersection with the westerly line of Brazos Street; THENCE in a southwesterly direction along the westerly line of Brazos Street to its intersection with the northerly line of Elgin Avenue; THENCE in a southeasterly direction along the northerly line of Elgin Avenue to its intersection with the easterly line of Brazos Street which is also the easterly line of Spur 527, a segment of the Southwest Freeway; THENCE in a southerly direction along the easterly line of said Spur 527 to its intersection with the easterly line of Milam Street; THENCE in a southwesterly direction along the easterly line of Milam Street to its intersection with the easterly line of said Spur 527; THENCE in a southerly and southwesterly direction along said Spur 527 to its intersection with northerly line of US 59 south; THENCE easterly along the northerly line of said US 59 South to its intersections with the southeasterly line of Austin Street;



	THENCE northeasterly along the southeasterly line of Austin Street to its intersection with the northeasterly line of Eagle Avenue; THENCE northwesterly along northeasterly line of Eagle Avenue to the southeasterly line of San Jacinto Street; THENCE northeasterly along the southeasterly line of San Jacinto Street to the southeasterly line of Alabama Avenue; THENCE in a southeasterly direction along the southerly line of Alabama Avenue to its intersection with the easterly line of La Branch Street; THENCE in a northeasterly direction along the easterly direction along the easterly line of La Branch Street to its intersection with the southerly line of Winbern Avenue; THENCE in a southeasterly direction along the southerly line of Winbern Avenue to its intersection with the easterly line of Crawford Street; THENCE in a northeasterly direction along the easterly line of Crawford Street to its intersection with the southerly line of Stuart Avenue; THENCE in a southeasterly direction along the southerly line of Stuart Avenue to the intersection with the Easterly line of Hamilton Street which is adjacent to US Highway 59/State Highway 288; THENCE in a northeasterly and northerly direction along the easterly line of Hamilton Street and westerly line of said US Highway 59/State Highway 288 to its intersection with the northerly line of West Gray Avenue; THENCE in a northwesterly direction along the northerly line of West Gray Avenue to its intersection with the easterly line of Smith Street; THENCE in a northeasterly direction along the easterly line of Smith Street to its intersection with the southerly line of Interstate Highway No. 45; THENCE in a northwesterly and northerly direction along the southerly line of said Interstate Highway No. 45 to its intersection with the north line of Cleveland Street; THENCE in a westerly direction along the northerly line of Cleveland Street to its intersection with the westerly line of Arthur Street; THENCE in a southerly direction along the westerly line of Arthur Street to the southerly dead end thereof; THENCE in a southeasterly direction at right angles to the northwesterly line of Baldwin Street to its intersection with said line; THENCE in a southwesterly direction along the northwesterly line of Baldwin Street to its intersection with the southerly line of West Gray Avenue; THENCE in a northwesterly and westerly direction along the southerly line of West Gray Avenue to its intersection with the north line of Webster Avenue; THENCE in a southeasterly direction along the northerly line of Webster Avenue to its intersection with an easterly projection of the north line of West Webster Avenue; THENCE westerly along the northerly line of West Webster Avenue to the westerly line of Bailey Street; THENCE southerly along the westerly line of Bailey Street and a southerly projection thereof to its intersection with the southerly line of McGowen Avenue;



	THENCE southeasterly along the southerly of McGowen Avenue to its intersection with the westerly line of Bagby Street, which is the place of beginning of the tract herein described. There is excepted from the boundaries of the district the following tract: BEGINNING at the intersection of the center line of Pierce Avenue and Bagby Street; THENCE in a northeasterly direction with a center line of Bagby Street to the westerly right-of-way of Interstate Highway 45; THENCE south and southeasterly along the right-of-way of Interstate Highway 45 to its intersection with the center line of Pierce Avenue; THENCE westerly along the center line of Pierce Avenue to the intersection with the center line of Bagby Street the point and place of beginning; SAVE AND EXCEPT all tracts or parcels of land, rights-of-way, facilities, and improvements owned by a utility. Sec. 376.305. FINDINGS RELATING TO BOUNDARIES. The boundaries and field notes of the district form a closure. If a mistake is made in the field notes or in copying the field notes in the legislative process, it does not affect the district's: (1) organization, existence, or validity; (2) right to issue any type of bond for the purposes for which the district is created or to pay the principal of and interest on a bond; (3) right to impose or collect an assessment; or (4) legality or operation. Sec. 376.306. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) All the land and other property included in the district will be benefited by the improvements and services to be provided by the district under powers conferred by Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this subchapter, and the district is created to serve a public use and benefit. (b) The creation of the district is in the public interest and is essential to: (1) further the public purposes of the development and diversification of the economy of the state; and (2) eliminate unemployment and underemployment and develop or expand transportation and commerce. (c) The district will: (1) promote the health, safety, and general welfare of residents, employers, employees, visitors, consumers in the district, and the general public; (2) provide needed funding for the municipality's midtown area to preserve, maintain, and enhance the economic health and vitality of the area as a community and business center; and (3) further promote the health, safety, welfare, and enjoyment of the public by providing pedestrian ways and by landscaping and developing certain areas in the district, which are necessary for the restoration, preservation, and enhancement of scenic and aesthetic beauty. (d) Pedestrian ways along or across a street, whether at grade or above



	or below the surface, and street lighting, street landscaping, and street art objects are parts of and necessary components of a street and are considered to be a street or road improvement. (e) The district will not act as the agent or instrumentality of any private interest even though many private interests will be benefited by the district, as will the general public. Sec. 376.307. APPLICATION OF OTHER LAW. Except as otherwise provided by this subchapter: (1) Chapter 375 applies to the district, its governing body, and its employees; and (2) the district has rights and powers of a district created under Chapter 375. Sec. 376.308. LIBERAL CONSTRUCTION OF SUBCHAPTER. This subchapter shall be liberally construed in conformity with the findings and purposes stated in this subchapter. Sec. 376.309. BOARD OF DIRECTORS IN GENERAL. (a) The district is governed by a board of 17 directors who serve staggered terms of four years, with eight directors' terms expiring June 1 of an odd-numbered year and nine directors' terms expiring June 1 of the following odd-numbered year. (b) A director shall receive compensation as provided by Section 49.060, Water Code. Sec. 376.310. APPOINTMENT OF DIRECTORS. (a) The mayor and members of the governing body of the municipality shall appoint directors from persons recommended by the board. A person is appointed if a majority of the members and the mayor vote to appoint that person. (b) A person may not be appointed to the board if the appointment of that person would result in less than two-thirds of the directors residing in the municipality. (c) District directors are public officials entitled to governmental immunity for their official actions. Sec. 376.311. EX OFFICIO BOARD MEMBERS. (a) The following persons shall serve as a nonvoting ex officio director: (1) the director of the following departments of the municipality: (A) parks and recreation; (B) planning and development; (C) public works; and (D) civic center; (2) the municipality's chief of police; (3) the county's general manager of the Metropolitan Transit Authority; and (4) the presidents of any institutions of higher learning located in the district. (b) If a department described by Subsection (a) is consolidated, renamed, or changed, the board may appoint a director of the consolidated, renamed, or changed department as a nonvoting ex officio board member. If a department described by Subsection (a) is abolished, the board may appoint a representative of another department of the municipality that performs duties comparable to those performed by the abolished department.



	(c) The board may appoint the presiding officer of a nonprofit corporation that is actively involved in activities in the municipality's midtown area to serve as a nonvoting ex officio director. Sec. 376.312. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT. (a) Except as provided in this section: (1) a director may participate in all board votes and decisions; and (2) Chapter 171 governs conflict of interests for board members. (b) Section 171.004 does not apply to the district. A director who has a substantial interest in a business or charitable entity that will receive a pecuniary benefit from a board action shall file a one-time affidavit declaring the interest. An additional affidavit is not required if the director's interest changes. After the affidavit is filed with the board secretary, the director may participate in a discussion or vote on that action if: (1) a majority of the directors have a similar interest in the same entity; or (2) all other similar business or charitable entities in the district will receive a similar pecuniary benefit. (c) A director who is also an officer or employee of a public entity may not participate in the discussion of or vote on a matter regarding a contract with that same public entity. (d) For purposes of this section, a director has a substantial interest in a charitable entity in the same manner that a person would have a substantial interest in a business entity under Section 171.002. Sec. 376.313. ADDITIONAL POWERS OF DISTRICT. (a) The district may exercise the powers given to a corporation created under Section 4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes). (b) The district may exercise the powers given to a housing finance corporation created under Chapter 394 to provide housing or residential development projects in the district. (c) The district may impose an ad valorem tax, assessment, or impact fee in accordance with Chapter 375 on all property in the district, including industrial, commercial, or residential property, to finance an improvement this subchapter authorizes the district to construct or acquire or a service this subchapter authorizes the district to provide. Sec. 376.314. AGREEMENTS: GENERAL; DONATIONS, INTERLOCAL AGREEMENTS, AND LAW ENFORCEMENT SERVICES. (a) The district may make an agreement with or accept a donation, grant, or loan from any person. (b) The implementation of a project is a governmental function or service for the purposes of Chapter 791, Government Code. (c) To protect the public interest, the district may contract with the municipality or the county for the municipality or county to provide law enforcement services in the district for a fee. Sec. 376.315. NONPROFIT CORPORATION. (a) The board by resolution may authorize the creation of a nonprofit corporation to assist and act on behalf of the district in implementing a project or providing a service authorized by this subchapter.



	(b) The board shall appoint the board of directors of a nonprofit corporation created under this section. The board of directors of the nonprofit corporation shall serve in the same manner, term, and conditions as a board of directors of a local government corporation created under Chapter 431, Transportation Code. (c) A nonprofit corporation created under this section has the powers of and is considered for purposes of this subchapter to be a local government corporation created under Chapter 431, Transportation Code. (d) A nonprofit corporation created under this section may implement any project and provide any service authorized by this subchapter. Sec. 376.316. ANNEXATION. The district may: (1) annex territory as provided by Subchapter C, Chapter 375; and (2) annex territory located inside the boundaries of a reinvestment zone created by the municipality under Chapter 311, Tax Code, if the governing body of the municipality consents to the annexation. Sec. 376.317. PETITION REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS. The board may not finance a service or improvement project under this subchapter unless a written petition requesting the improvement or service has been filed with the board. The petition must be signed by: (1) the owners of a majority of the assessed value of real property in the district as determined by the most recent certified county property tax rolls; or (2) at least 25 persons who own land in the district, if there are more than 25 persons who own property in the district as determined by the most recent certified county property tax rolls. Sec. 376.318. ELECTIONS. (a) In addition to the elections the district must hold under Subchapter L, Chapter 375, the district shall hold an election in the manner provided by that subchapter to obtain voter approval before the district imposes a maintenance tax or issues bonds payable from ad valorem taxes or assessments. (b) The board may include more than one purpose in a single proposition at an election. Sec. 376.319. MAINTENANCE TAX. (a) If authorized at an election held in accordance with Section 376.318, the district may impose and collect an annual ad valorem tax on taxable property in the district for the maintenance and operation of the district and the improvements constructed or acquired by the district or for the provision of services. (b) The board shall determine the tax rate. Sec. 376.320. ASSESSMENTS. (a) The board may impose and collect an assessment for any purpose authorized by this subchapter. (b) Assessments, including assessments resulting from an addition to or correction of the assessment roll by the district, reassessments, penalties and interest on an assessment or reassessment, expenses of collection, and reasonable attorney's fees incurred by the district: (1) are a first and prior lien against the property assessed; (2) are superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes; and



	(3) are the personal liability of and charge against the owners of the property even if the owners are not named in the assessment proceedings. (c) The lien is effective from the date of the resolution of the board imposing the assessment until the assessment is paid. The board may enforce the lien in the same manner that the board may enforce an ad valorem tax lien against real property. Sec. 376.321. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT. Section 375.161 does not apply to the district. Sec. 376.322. UTILITIES. The district may not impose an assessment or impact fee on a utility's property. Sec. 376.323. MUNICIPAL APPROVAL. (a) Except as provided by Subsection (b), the district must obtain approval from the municipality's governing body of: (1) the issuance of bonds for an improvement project; and (2) the plans and specifications of an improvement project financed by the bonds. (b) If the district obtains approval from the municipality's governing body of a capital improvements budget for a period not to exceed five years, the district may finance the capital improvements and issue bonds specified in the budget without further approval from the municipality. (c) The district must obtain approval from the municipality's governing body of the plans and specifications of any district improvement project related to the use of land owned by the municipality, an easement granted by the municipality, or a right-of-way of a street, road, or highway. (d) Except as provided by Section 375.263, a municipality is not obligated to pay any bonds, notes, or other obligations of the district. Sec. 376.324. DISBURSEMENTS OR TRANSFERS OF FUNDS. The board by resolution shall establish the number of directors' signatures and the procedure required for a disbursement or transfer of the district's money. Sec. 376.325. COMPETITIVE BIDDING LIMIT. Section 375.221 does not apply to the district unless the contract is for more than $25,000. Sec. 376.326. EXCEPTION FOR DISSOLUTION OF DISTRICT WITH OUTSTANDING DEBTS. (a) The board may vote to dissolve a district that has debt. If the vote is in favor of dissolution, the district shall remain in existence solely for the limited purpose of discharging its debts. The dissolution is effective when all debts have been discharged. (b) Section 375.264 does not apply to the district. SECTION 2. The legislature finds that: (1) proper and legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished by the constitution and laws of this state, including the governor, who has submitted the notice and Act to the Texas Natural Resource Conservation Commission; (2) the Texas Natural Resource Conservation Commission has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time;



	(3) the general law relating to consent by political subdivisions to the creation of districts with conservation, reclamation, and road powers and the inclusion of land in those districts has been complied with; and (4) all requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act have been fulfilled and accomplished. SECTION 3. Notwithstanding Section 376.310, Local Governmental Code, as added by this Act: (1) the initial board of directors of the Midtown Management District consists of: Pos. No. Name of Board Member 1. Gregory Phillips 2. Andy Bynam 3. Blanchard Hollins 4. Suewan Johnson 5. John Gonzales 6. Doug Williams 7. Tran Tian 8. Al Luna 9. Angela Lange 10. John Kirksey 11. Kathy Perry 12. Dan Nip 13. Allen Crosswell 14. Steve Hefner 15. Jim Lang 16. Frank Liu 17. Grant Martin; and (2) of the initial board members, the members appointed for positions 1 through 9 serve until June 1, 2003, and the members appointed for positions 10 through 17 serve until June 1, 2001. SECTION 4. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted. HB 2977 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Hamric called up with senate amendments for consideration at this time, HB 2977, A bill to be entitled An Act relating to the authority of the Texas Natural Resource Conservation Commission to certify that the discharge of a pollutant will not cause a violation of certain water quality standards under the Federal Water Pollution Control Act. On motion of Representative Hamric, the house concurred in the senate amendments to HB 2977.



	Senate Amendment No. 1 (Senate Committee Amendment No. 1) Amend HB 2977 (House Engrossment) as follows: (1) In SECTION 26.0231 of the bill strike subsection (c) (page 5, lines 23 to 25) and substitute the following: "(c) With respect to the activities described in Section 26.131, Water Code, the Railroad Commission of Texas may exercise the powers reserved to the state under the Federal Water Pollution Control Act (33 U.S.C. Section 1341), as amended." (2) In SECTION 26.0231 of the bill after "mitigation" and before the "." insert "in compliance with state water quality standards" (3) In SECTION 26.0231 of the bill, page 6, strike lines 2 through 9. HB 3079 - HOUSE REFUSES TO CONCUR IN SENATE AMENDMENTS CONFERENCE COMMITTEE APPOINTED Representative Kuempel called up with senate amendments for consideration at this time, HB 3079, A bill to be entitled An Act relating to the development and financing of a statewide aquatic vegetation management plan. Representative Kuempel moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3079. The motion prevailed without objection. The chair announced the appointment of the following conference committee, on the part of the house, on HB 3079: Kuempel, chair, Elkins, Merritt, Homer, and Hope. HB 3084 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Junell called up with senate amendments for consideration at this time, HB 3084, A bill to be entitled An Act relating to the creation and re-creation of funds and accounts in the state treasury, the dedication and rededication of revenue, and the exemption of unappropriated money from use for general governmental purposes. On motion of Representative Junell, the house concurred in the senate amendments to HB 3084 by (Record 492): 144 Yeas, 0 Nays, 2 Present, not voting. Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; 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; 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. Present, not voting - Mr. Speaker; Bosse(C). Absent, Excused - Corte; Crownover; Jones, D. Absent - Ramsay. Senate Amendment No. 1 Amend HB 3084 by striking all below the enacting clause and substituting the following: SECTION 1. DEFINITION. In this Act, "state agency" means an office, institution, or other agency that is in the executive branch of state government, has authority that is not limited to a geographical portion of the state, and was created by the constitution or a statute of this state, but does not include an institution of higher education as defined by Section 61.003, Education Code. SECTION 2. ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS. Except as otherwise specifically provided by this Act, all funds and accounts created or re-created in the state treasury by an Act of the 76th Legislature, Regular Session, 1999, that becomes law, and all dedications or rededications of revenue in the state treasury or otherwise collected by a state agency for a particular purpose by an Act of the 76th Legislature, Regular Session, 1999, that becomes law, are abolished on the later of August 30, 1999, or the date the Act creating or re-creating the fund or account or dedicating or rededicating revenue takes effect. SECTION 3. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND ACCOUNTS. Section 2 of this Act does not apply to statutory dedications, funds, and accounts that were enacted before the 76th Legislature convened to comply with requirements of state constitutional or federal law, to dedications, funds, or accounts that remained exempt from former Section 403.094(h), Government Code, at the time dedications, accounts, and funds were abolished under that provision, to increases in fees or in other revenue dedicated as described by this section, or to increases in fees or in other revenue required to be deposited in a fund or account described by this section. SECTION 4. ACCOUNTS IN GENERAL REVENUE FUND. Effective August 30, 1999, the following accounts and the revenue deposited to the credit of the accounts are exempt from Section 2 of this Act and are created in the general revenue fund, if created by an Act of the 76th Legislature, Regular Session, 1999, that becomes law:



	(1) the blindness education, screening, and treatment program account created by Senate Bill No. 206 or House Bill No. 984; (2) the Texas Department of Health state-owned multi-categorical teaching hospital account created by House Bill No. 1799 or other legislation; (3) the 9-1-1 services fee fund created by House Bill No. 1983; (4) the petroleum storage tank removal loan program account created by House Bill No. 2816; and (5) all funds created by House Bill No. 1676. SECTION 5. OTHER FUNDS IN TREASURY. Effective August 30, 1999, the following funds in the state treasury and the revenue deposited to the credit of the funds are exempt from Section 2 of this Act, if created by an Act of the 76th Legislature, Regular Session, 1999, that becomes law: (1) all funds created by House Bill No. 1945; and (2) the low-level radioactive waste perpetual care fund created by House Bill No. 1910. SECTION 6. FUNDS TO BECOME ACCOUNTS. Effective August 30, 1999, the following funds in the state treasury are re-created as accounts in the general revenue fund and the accounts and the revenue deposited to the credit of the accounts are exempt from Section 2 of this Act, if created by an Act of the 76th Legislature, Regular Session, 1999, that becomes law: (1) the Texas public library fund created by Senate Bill No. 691; and (2) the Business Enterprises Program trust fund created by House Bill No. 1400. SECTION 7. REVENUE DEDICATIONS. Effective August 30, 1999, the following dedications of revenue to existing funds or accounts in the state treasury or otherwise collected by a state agency are exempt from Section 2 of this Act, if dedicated by an Act of the 76th Legislature, Regular Session, 1999, that becomes law: (1) the revenue dedicated by House Bill No. 89 to the state highway fund; (2) the revenue dedicated by House Bill No. 1573 to the water resource management account; (3) the revenue dedicated by House Bill No. 1739 to the Texas statewide emergency services personnel retirement fund; (4) revenue dedicated by House Bill No. 1828 to the game, fish, and water safety account; (5) revenue dedicated by House Bill No. 2004 to the state highway fund; (6) revenue dedicated by Senate Bill No. 514 to the state highway fund; (7) revenue dedicated by Senate Bill No. 812 to the state oil-field cleanup account; and (8) revenue donated as provided by Senate Bill No. 673 for the anatomical gift education program. SECTION 8. FEDERAL FUNDS. Section 2 of this Act does not apply to funds created pursuant to an Act of the 76th Legislature, Regular Session, 1999, for which separate accounting is required by federal law, except that



	the funds shall be deposited in accounts in the general revenue fund unless otherwise required by federal law. SECTION 9. TRUST FUNDS. (a) Except as provided by Subsection (b) of this section, Section 2 of this Act does not apply to trust funds or dedicated revenue deposited to trust funds created under an Act of the 76th Legislature, Regular Session, 1999, except that the trust funds shall be held in the state treasury, with the comptroller in trust, or outside the state treasury with the comptroller's approval. (b) Section 2 of this Act applies to: (1) the child-care worker student loan assistance trust fund created by House Bill No. 1689; (2) the family trust fund created by House Bill No. 2442; (3) the smart jobs rainy day fund created by House Bill No. 3657; (4) the public employees long-term care fund created by Senate Bill No. 97; (5) the Pan American Games trust fund created by Senate Bill No. 456; (6) the employees' health care stabilization trust fund created by Senate Bill No. 1130; (7) the Texas Turnpike Authority feasibility study fund, the Texas Turnpike Authority project revolving fund, and any other trust funds re-created by House Bill No. 2311; and (8) the system benefit fund created by Senate Bill No. 7. SECTION 10. BOND FUNDS. Section 2 of this Act does not apply to bond funds and pledged funds created or affected by an Act of the 76th Legislature, Regular Session, 1999, except that the funds shall be held in the state treasury, with the comptroller in trust, or outside the state treasury with the comptroller's approval. SECTION 11. CONSTITUTIONAL FUNDS. Section 2 of this Act does not apply to funds or accounts that would be created or re-created in the Texas Constitution or revenue that would be dedicated or rededicated by the Texas Constitution under constitutional amendments proposed by the 76th Legislature, Regular Session, 1999, or to dedicated revenue deposited to funds or accounts that would be so created or re-created. SECTION 12. COURT COSTS. Effective August 30, 1999, revenue consisting of court costs authorized by an Act of the 76th Legislature, Regular Session, 1999, that becomes law are exempt from Section 2 of this Act. SECTION 13. LICENSE PLATE FEES. Effective August 30, 1999, revenue consisting of fees collected from the sale of motor vehicle license plates that are authorized by an Act of the 76th Legislature, Regular Session, 1999, that becomes law are exempt from Section 2 of this Act. SECTION 14. AMENDMENT. Effective September 1, 1999, Section 403.095, Government Code, is amended to read as follows: Sec. 403.095. USE OF DEDICATED REVENUE. (a) Revenue that has been set aside by law for a particular purpose or entity is available for that purpose or entity to the extent money is appropriated for that purpose or entity. Expenditures made in furtherance of the dedicated purpose or entity



	shall be made from money received from the dedicated revenue source to the extent those funds are appropriated. (b) Notwithstanding any law dedicating or setting aside revenue for a particular purpose or entity, dedicated revenues that, on August 31, 2001, are estimated to [~~1999,~~ ] exceed the amount appropriated by the General Appropriations Act or other laws enacted by the 76th Legislature are available for general governmental purposes and are considered available for the purpose of certification under Section 403.121. (c) The comptroller shall develop accounting and revenue estimating procedures so that each dedicated account maintained in the general revenue fund can be separately identified as to balances of cash and other assets and the amounts of revenues and expenditures and appropriations for each fiscal year. (d) Following certification of the General Appropriations Act and other appropriations measures enacted by the 76th Legislature, the comptroller shall reduce each dedicated account as directed by the legislature by an [~~the~~ ] amount that may not exceed the amount by which estimated revenues and unobligated balances exceed appropriations. The reductions may be made in the amounts and at the times necessary for [~~so that~~ ] cash flow considerations to allow all the dedicated accounts to maintain adequate cash balances to transact routine business. The legislature may authorize, in the General Appropriations Act, the temporary delay of the excess balance reduction required [~~for accounts~~ ] under this subsection [~~that exceed the amount appropriated for the dedicated purposes~~ ]. This subsection does not apply to revenues or balances in: (1) funds outside the treasury; (2) trust funds, which for purposes of this section include funds that may or are required to be used in whole or in part for the acquisition, development, construction, or maintenance of state and local government infrastructures, recreational facilities, or natural resource conservation facilities; (3) funds created by the constitution or a court; or (4) funds for which separate accounting is required by federal law. (e) This section [~~(c) The availability of revenues for general governmental purposes conferred by Subsection (b)~~ ] expires on September 1, 2001 [~~1999~~ ]. SECTION 15. AMENDMENT. Section 771.072, Health and Safety Code, is amended by adding Subsection (g) to read as follows: (g) Notwithstanding any other law, revenue derived from the equalization surcharge imposed under this section may be appropriated to the commission only for the purposes described by Sections 773.122 through 773.124. SECTION 16. AMENDMENT. Section 773.122, Health and Safety Code, is amended to read as follows: Sec. 773.122. PAYMENTS FROM THE ACCOUNT [~~FUND~~ ]. (a) The commissioner, with advice and counsel from the chairpersons of the regional advisory councils, shall use money in the account established under Section 771.072(f) [~~emergency medical services and trauma care system fund established under Section 773.121~~ ] to fund county and regional emergency medical services and trauma care systems in accordance with this section. (b) The commissioner shall maintain a reserve of $250,000 of money



	appropriated from the account [~~emergency medical services and trauma care system fund~~ ] for extraordinary emergencies. (c) In any fiscal year the commissioner shall use at least 70 percent of the appropriated money remaining in the account [~~emergency medical services and trauma care system fund~~ ], after any amount necessary to maintain the reserve established by Subsection (b) is deducted, to fund, in connection with an effort to provide coordination with the appropriate trauma support area, the cost of supplies, operational expenses, education and training, equipment, vehicles, and communications systems for local emergency medical services. The money shall be distributed to counties on behalf of eligible recipients. A county's share of the money shall be based on the relative geographic size and population of the county and on the relative number of emergency or trauma care runs performed by eligible recipients in the county. Money that is not disbursed by a county to eligible recipients for approved functions by the end of the fiscal year in which the funds were disbursed to the county shall be returned to the account [~~fund~~ ] to be used in accordance with Subsection (f). (d) In any fiscal year, the commissioner may use not more than 25 percent of the appropriated money remaining in the account [~~emergency medical services and trauma care system fund~~ ], after any amount necessary to maintain the reserve established by Subsection (b) is deducted, for operation of the 22 trauma support areas and for equipment, communications, and education and training for the areas. Money distributed under this subsection shall be distributed to the county in which the chairperson of an area's regional advisory council sits on behalf of eligible recipients. A regional advisory council's share of money distributed under this section shall be based on the relative geographic size and population of each trauma support area and the relative amount of trauma care provided. Money that is not disbursed by a county to eligible recipients for approved functions by the end of the fiscal year in which the funds were disbursed to the county shall be returned to the account [~~fund~~ ] to be used in accordance with Subsection (f). (e) In any fiscal year, the commissioner may use not more than three percent of the appropriated money remaining in the account [~~emergency medical services and trauma care system fund~~ ] after any amount necessary to maintain the reserve established by Subsection (b) is deducted to fund the administrative costs of the bureau of emergency management of the department associated with administering the state emergency medical services program, the trauma program, and the account [~~fund~~ ] and to fund the costs of monitoring and providing technical assistance for those programs and that account [~~fund~~ ]. (f) In any fiscal year, the commissioner shall use at least two percent of the appropriated money remaining in the account [~~emergency medical services and trauma care system fund~~ ] after any amount necessary to maintain the reserve established by Subsection (b) is deducted and the money in the account [~~fund~~ ] not otherwise distributed under this section to fund a portion of the uncompensated trauma care provided at facilities designated as state trauma facilities by the department. A regional advisory council chairperson may petition the department for disbursement of funds to a trauma center in



	the chairperson's trauma support area that has suffered deleterious effects due to uncompensated trauma care. Funds may be disbursed under this subsection based on a proportionate share of uncompensated trauma care provided in the state and may be used to fund innovative projects to enhance the delivery of patient care in the overall emergency medical services and trauma care system. (g) The department shall review the percentages for disbursement of funds in the account [~~emergency medical services and trauma care system fund~~ ] on an annual basis and shall make recommendations for proposed changes to ensure that appropriate and fair funding is provided under this section. SECTION 17. AMENDMENT. Sections 773.123(a) and (b), Health and Safety Code, are amended to read as follows: (a) Except as provided by Subsection (b), money distributed from the account established under Section 771.072(f) [~~emergency medical services and trauma care system fund~~ ] shall be used in accordance with Section 773.122 on the authorization of the chief executive of the county to which the money is disbursed on vouchers issued by the county's treasurer. (b) In a county with a population of 291,000 or more, money distributed from the account [~~emergency medical services and trauma care system fund~~ ] shall be used in accordance with Section 773.122 on the joint authorization of the chief executive of the county to which the money is disbursed and the mayor of the principal municipality in that county on vouchers issued by the county's treasurer. SECTION 18. REPEALER. Section 403.096, Government Code, and Sections 771.071(g) and 773.121, Health and Safety Code, are repealed. SECTION 19. EFFECT OF ACT. This Act prevails over any other Act of the 76th Legislature, Regular Session, 1999, regardless of the relative dates of enactment, that purports to create or re-create a special fund or account in the state treasury or to dedicate or rededicate revenue to a particular purpose, including any fund, account, or revenue dedication abolished under former Section 403.094, Government Code. Revenues that, under the terms of another Act of the 76th Legislature, Regular Session, 1999, would be deposited to the credit of a special account or fund shall be deposited to the credit of the unobligated portion of the general revenue fund, unless the fund, account, or dedication is exempted under this Act. SECTION 20. EMERGENCY. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted. HB 3191 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative J. Moreno called up with senate amendments for consideration at this time,



	HB 3191, A bill to be entitled An Act relating to the imposition of a criminal penalty and the disposition of fines for a violation of a rule concerning the use of county parks. On motion of Representative J. Moreno, the house concurred in the senate amendments to HB 3191. Senate Amendment No. 1 (Senate Committee Amendment No. 1) Amend HB 3191 as follows: On page 1, substitute the new SECTION 1 on line 7, to read as follows: In Subchapter C, Chapter 320, Local Government Code, is amended by adding 320.0455 to read as follows: SECTION 1. Sec. 320.0455. RULES IN A POPULOUS COUNTY; PENALTY FOR VIOLATIONS. (a) This section applies to a county with a population of 2.8 million or more. (b) Subject to the approval of the commissioners court, the board may adopt reasonable rules concerning the use of any park administered by the board. (c) A person commits an offense if the person violates a rule approved by the commissioners court under Subsection (b). An offense under this subsection is a Class C misdemeanor. (d) Fines collected under Subsection (c) shall be deposited in the county's general fund. HB 3197 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Ramsay called up with senate amendments for consideration at this time, HB 3197, A bill to be entitled An Act relating to the appraisal and ad valorem taxation of retail manufactured housing inventory. On motion of Representative Ramsay, the house concurred in the senate amendments to HB 3197. Senate Amendment No. 1 (Senate Committee Amendment No. 1) Amend HB 3197 as follows: (1) Delete Section 3 of HB 3197 and add a new Section 3 to read as follows: "SECTION 3. Sections 23.128(h) and (i), Tax Code, are amended to read as follows: "(h) An appropriate taxing unit shall, on its tax bill prepared for the owner of a retail manufactured housing inventory, separately itemize the taxes imposed on the retail manufactured housing inventory. When the tax bill is prepared for a retail manufactured housing inventory, the assessor for the taxing unit, or an entity, if any, other than the collector, that collects taxes on behalf of the taxing unit, shall provide the collector a true and correct copy of the tax bill sent to the owner, including taxes imposed on the retail manufactured housing inventory. The collector shall apply the money in the owner's escrow account to the taxes imposed and deliver a tax receipt to the



	owner. The collector shall apply the amount to each appropriate taxing unit in proportion to the amount of taxes imposed, and the assessor of each taxing unit shall apply the money received from the collector to the taxes owed by the owner. No penalties or interest shall be assessed against an owner for property taxes which the owner has previously paid but which are not delivered to the appropriate taxing unit before the date on which such taxes become delinquent. "(i) If the amount in the escrow account is not sufficient to pay the taxes in full, the collector shall apply the money to the taxes and deliver to the owner a tax receipt for the partial payment and a tax bill for the amount of the deficiency together with a statement that the owner must remit to the collector the balance of the total tax due; however, no penalty or interest shall be assessed against an owner for that portion of the property taxes which represents the amount of the partial payment if the amount of the deficiency is not paid before the date the deficiency is delinquent." (2) Add a new Section 4 to read as follows: "Section 4. Sections 1 and 2 of this Act take effect January 1, 2000, and apply only to an ad valorem tax year that begins on or after that date. Section 3 of this Act takes effect September 1, 1999." (3) Appropriately renumber the remaining section of HB 3197. HB 3265 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Uher called up with senate amendments for consideration at this time, HB 3265, A bill to be entitled An Act relating to the duties of a justice of the peace with respect to inquests on dead bodies. On motion of Representative Uher the house concurred in the senate amendment to HB 3265. Senate Amendment No. 1 (Senate Committee Amendment No. 1) Amend HB 3265 as follows: (1) On page 1, line 7 strike "For" and substitute "Except as required by Section 264.514, Family Code, for". HB 3272 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Goodman called up with senate amendments for consideration at this time, HB 3272, A bill to be entitled An Act relating to the enforcement and collection of child support. On motion of Representative Goodman, the house concurred in the senate amendments to HB 3272. Senate Amendment No. 1 Amend HB 3272 as follows: (1) On page 3, line 22, strike "The" and substitute "Subject to the availability of funds, the". (2) On page 3, line 22, strike "shall" and substitute "may".



	(3) On page 3, line 38, insert the following after the "(1)": "a plan to conduct a pilot of the use of the court monitors, in one or more locations;" and renumber the subsequent subsections appropriately. HB 3304 - HOUSE REFUSES TO CONCUR IN SENATE AMENDMENTS CONFERENCE COMMITTEE APPOINTED Representative Thompson called up with senate amendments for consideration at this time, HB 3304, A bill to be entitled An Act relating to the books and records of certain insurers. Representative Thompson moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3304. The motion prevailed without objection. The chair announced the appointment of the following conference committee, on the part of the house, on HB 3304: Thompson, chair, Hartnett, Capelo, Hinojosa, and J. Solis. HB 3333 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Tillery called up with senate amendments for consideration at this time, HB 3333, A bill to be entitled An Act relating to certain duties of local workforce development boards in connection with the provision of child care. On motion of Representative Tillery, the house concurred in the senate amendments to HB 3333. Senate Amendment No. 1 Amend HB 3333 as follows: (1) In SECTION 1 of the bill, in the last sentence of proposed Section 2308.315, Government Code (committee printing, page 1, line 23), strike "may" and substitute "shall". (2) In SECTION 1 of the bill, in the heading for proposed Section 2308.316, Government Code (committee printing, page 1, line 26), strike "TODDLER" and substitute "EARLY CHILDHOOD". (3) In SECTION 1 of the bill, in the first sentence of proposed Section 2308.316, Government Code (committee printing, page 1, line 27), between "funds" and "to", insert "dedicated to quality improvement activities". (4) In SECTION 1 of the bill, after the last sentence of proposed Section 2308.316, Government Code (committee printing, page 1, line 34), add "This section may not be interpreted to limit parental choice." Senate Amendment No. 2 Amend HB 3333 as follows: (1) In SECTION 1 of the bill, in the heading for proposed Section



	2308.316, Government Code (committee printing page 1, line 25), strike "SYSTEM" and substitute "PROCESS". (2) In SECTION 1 of the bill, in proposed Section 2308.316, Government Code (committee printing page 1, lines 28 and 29), strike "competitive procurement system for the provision of quality child care" and substitute "competitive procurement process for a system for quality child care". (3) In SECTION 1 of the bill, in the second sentence of proposed Section 2308.316, Government Code (committee printing page 1, line 33), strike "emphasis" and substitute "consideration". HB 3433 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Kuempel called up with senate amendments for consideration at this time, HB 3433, A bill to be entitled An Act relating to dismissal of certain traffic offenses occurring in a construction or maintenance work zone. On motion of Representative Kuempel, the house concurred in the senate amendments to HB 3433. Senate Amendment No. 1 Amend HB 3433 as follows: In SECTION 2, page 1, line 20 of the Senate Committee Report, between "applies" and "." add "except upon motion of the attorney representing the State." HB 3458 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Kuempel called up with senate amendments for consideration at this time, HB 3458, A bill to be entitled An Act relating to certain bonds required of a county tax assessor-collector. On motion of Representative Kuempel, the house concurred in the senate amendments to HB 3458. Senate Committee Substitute CSHB 3458, A bill to be entitled An Act relating to certain bonds required of a county tax assessor-collector and a county treasurer. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 6.28(a), Tax Code, is amended to read as follows: (a) Before beginning to perform the duties of [~~To qualify for~~ ] office, a person elected or appointed as county assessor-collector must[~~, within 20 days after receiving notice of his election or appointment,~~ ] give bonds to the state and to the county, conditioned on the faithful performance of the person's [~~his~~ ] duties as assessor-collector. SECTION 2. Section 83.002(a), Local Government Code, is amended to read as follows: (a) The county treasurer, before beginning to perform [~~entering upon~~ ] the



	duties of office [~~and within 20 days after the date the certificate of election is received~~ ], must execute a bond that must be approved by the commissioners court and made payable to the county judge in an amount established by the commissioners court. The bond must be conditioned that the treasurer will: (1) faithfully execute the duties of office; (2) remit according to law all funds received as county treasurer; and (3) render an account of all funds received to the commissioners court at each regular term of the court. SECTION 3. Section 6.28(a), Tax Code, as amended by this Act, applies only to a county assessor-collector who is elected or appointed on or after the effective date of this Act. A county assessor-collector who is elected or appointed before the effective date of this Act is governed by the law in effect on the date of the election or appointment, and that law is continued in effect for that purpose. SECTION 4. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted. HB 3481 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative T. King called up with senate amendments for consideration at this time, HB 3481, A bill to be entitled An Act relating to the board of directors and the validation of certain acts of the Bexar-Medina-Atascosa Counties Water Control and Improvement District No. 1. On motion of Representative T. King, the house concurred in the senate amendments to HB 3481 by (Record 493): 145 Yeas, 0 Nays, 2 Present, not voting. Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; 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. Present, not voting - Mr. Speaker; Bosse(C). Absent, Excused - Corte; Crownover; Jones, D. Senate Amendment No. 1 (Senate Committee Amendment No. 1) Amend HB 3481 as follows: On page 2, between Line 14 and Line 15, insert the following: "(d) The provisions of Section 49.056(c), Water Code, do not apply to the District." HB 3492 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Dunnam called up with senate amendments for consideration at this time, HB 3492, A bill to be entitled An Act relating to requiring the Texas Department of Public Safety to establish minimum standards for vendors of ignition interlock devices. On motion of Representative Dunnam, the house concurred in the senate amendments to HB 3492. Senate Committee Substitute CSHB 3492, A bill to be entitled An Act relating to the requirement that the motor vehicle of a person convicted of certain offenses involving the operation of a motor vehicle while intoxicated be equipped with an ignition interlock device and that the Department of Public Safety establish minimum standards for vendors of ignition interlock devices. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 521.246, Transportation Code, is amended by adding Subsection (f) to read as follows: (f) A previous conviction may not be used for purposes of restricting a person to the operation of a motor vehicle equipped with an interlock ignition device under this section if: (1) the previous conviction was a final conviction under Section 49.04, 49.07, or 49.08, Penal Code, and was for an offense committed more than 10 years before the instant offense for which the person was convicted; and (2) the person has not been convicted of an offense under Section 49.04, 49.07, or 49.08 of that code committed within 10 years before the date on which the instant offense for which the person was convicted. SECTION 2. Subchapter L, Chapter 521, Transportation Code, is amended by adding Section 521.2476 to read as follows: Sec. 521.2476. MINIMUM STANDARDS FOR VENDORS OF IGNITION INTERLOCK DEVICES. (a) The department by rule shall establish: (1) minimum standards for vendors of ignition interlock devices who conduct business in this state; and (2) procedures to ensure compliance with those standards, including procedures for the inspection of a vendor's facilities. (b) The minimum standards shall require each vendor to:



	(1) be authorized by the department to do business in this state; (2) install a device only if the device is approved under Section 521.247; (3) obtain liability insurance providing coverage for damages arising out of the operation or use of devices in amounts and under the terms specified by the department; (4) install the device and activate any anticircumvention feature of the device within a reasonable time after the vendor receives notice that installation is ordered by a court; (5) install and inspect the device in accordance with any applicable court order; (6) repair or replace a device not later than 48 hours after receiving notice of a complaint regarding the operation of the device; (7) submit a written report of any violation of a court order to that court and to the person's supervising officer, if any, not later than 48 hours after the vendor discovers the violation; (8) maintain a record of each action taken by the vendor with respect to each device installed by the vendor, including each action taken as a result of an attempt to circumvent the device, until at least the fifth anniversary after the date of installation; (9) make a copy of the record available for inspection by or send a copy of the record to any court, supervising officer, or the department on request; and (10) annually provide to the department a written report of each service and ignition interlock device feature made available by the vendor. (c) The department may revoke the department's authorization for a vendor to do business in this state if the vendor or an officer or employee of the vendor violates: (1) any law of this state that applies to the vendor; or (2) any rule adopted by the department under this section or another law that applies to the vendor. (d) A vendor shall reimburse the department for the reasonable cost of conducting each inspection of the vendor's facilities under this section. (e) In this section, "offense relating to the operating of a motor vehicle while intoxicated" has the meaning assigned by Section 49.09, Penal Code. SECTION 3. Section 13(i), Article 42.12, Code of Criminal Procedure, is amended to read as follows: (i) If a person convicted of an offense under Sections 49.04-49.08, Penal Code, is placed on community supervision, the court may require as a condition of community supervision that the defendant have a device installed, on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant, that uses a deep-lung breath analysis mechanism to make impractical the operation of the motor vehicle if ethyl alcohol is detected in the breath of the operator and that the defendant not operate any motor vehicle that is not equipped with that device. If the person is convicted of an offense under Sections 49.04-49.06, Penal Code, and punished under Section 49.09(a) or (b), Penal Code, or of a second or subsequent offense under Section 49.07 or 49.08, Penal Code, and the person



	after conviction of either offense is placed on community supervision, the court shall require as a condition of community supervision that the defendant have the device installed on the appropriate vehicle and that the defendant not operate any motor vehicle unless the vehicle is equipped with that device. Before placing on community supervision a person convicted of an offense under Sections 49.04-49.08, Penal Code, the court shall determine from criminal history record information maintained by the Department of Public Safety whether the person has one or more previous convictions under Sections 49.04-49.08, Penal Code, or has one previous conviction under Sections 49.04-49.07, Penal Code, or one previous conviction under Section 49.08, Penal Code. If the court determines that the person has one or more such previous convictions, the court shall require as a condition of community supervision that the defendant have that device installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant and that the defendant not operate any motor vehicle unless the vehicle is equipped with the device described in this subsection. The court shall require the defendant to obtain the device at the defendant's own cost before the 30th day after the date of conviction unless the court finds that to do so would not be in the best interest of justice and enters its findings on record. The court shall require the defendant to provide evidence to the court within the 30-day period that the device has been installed on the appropriate vehicle and order the device to remain installed on that vehicle for a period not less than 50 percent of the supervision period. If the court determines the offender is unable to pay for the device, the court may impose a reasonable payment schedule not to exceed twice the period of the court's order. The Department of Public Safety shall approve devices for use under this subsection. The provisions of Section 23A(f), Chapter 173, Acts of the 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes), apply to the approval of a device under this subsection and the consequences of that approval. Notwithstanding the provisions of this section, if a person is required to operate a motor vehicle in the course and scope of the person's employment and if the vehicle is owned by the employer, the person may operate that vehicle without installation of an approved ignition interlock device if the employer has been notified of that driving privilege restriction and if proof of that notification is with the vehicle. This employment exemption does not apply, however, if the business entity that owns the vehicle is owned or controlled by the person whose driving privilege has been restricted. A previous conviction may not be used for purposes of restricting a person to the operation of a motor vehicle equipped with an interlock ignition device under this subsection if: (1) the previous conviction was a final conviction under Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code, and was for an offense committed more than 10 years before the instant offense for which the person was convicted and placed on community supervision; and (2) the person has not been convicted of an offense under Section 49.04, 49.05, 49.06, 49.07, or 49.08 of that code, committed within 10 years before the date on which the instant offense for which the person was convicted and placed on community supervision.



	SECTION 4. This Act takes effect September 1, 1999. The changes in law to Section 521.246, Transportation Code, and Section 13(i), Article 42.12, Code of Criminal Procedure, apply only to a person convicted of an offense specified by those laws committed on or after September 1, 1999. A person convicted of an offense specified by those laws committed before September 1, 1999, is covered by the law in effect on the date the offense was committed, and the former laws are continued in effect for those purposes. SECTION 5. 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. (Speaker in the chair) HB 3598 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative McClendon called up with senate amendments for consideration at this time, HB 3598, A bill to be entitled An Act relating to requiring notice regarding the location of establishments serving alcoholic beverages, sexually oriented businesses, and correctional or rehabilitation facilities. On motion of Representative McClendon, the house concurred in the senate amendments to HB 3598. Senate Amendment No. 1 Amend HB 3598 as follows: (1) In SECTION 1 of the bill, in Section 11.391(c), Alcoholic Beverage Code (Committee Printing page 2, line 4), strike "or 21" and substitute "21, 22, 23, 24, or 52". (2) In SECTION 2 of the bill, in Section 61.381, Alcoholic Beverage Code (Committee Printing page 3, line 15), strike "or 66" and substitute "66, or 71". HB 3741 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Greenberg called up with senate amendments for consideration at this time, HB 3741, A bill to be entitled An Act relating to regulation by the Department of Protective and Regulatory Services of certain child-care facilities, family homes, and child-placing agencies. On motion of Representative Greenberg, the house concurred in the senate amendments to HB 3741. Senate Amendment No. 1 (Senate Committee Amendment No. 1) Amend HB 3741 by adding the following appropriately numbered SECTION to the bill to read as follows and by renumbering subsequent SECTIONS of the bill accordingly:



	SECTION ____. Section 42.059(a), Human Resources Code, is amended to read as follows: (a) An applicant for temporary or permanent employment with a licensed facility or registered family home whose employment or potential employment with the facility or home involves direct interactions with or the opportunity to interact and associate with children must execute and submit the following affidavit with the application for employment: STATE OF _____________ COUNTY OF ____________ I swear or affirm under penalty of perjury that I do not now and I have not at any time, either as an adult or as a juvenile: 1. Been convicted of; 2. Pleaded guilty to (whether or not resulting in a conviction); 3. Pleaded nolo contendere or no contest to; 4. Admitted; 5. Had any judgment or order rendered against me (whether by default or otherwise); 6. Entered into any settlement of an action or claim of; 7. Had any license, certification, employment, or volunteer position suspended, revoked, terminated, or adversely affected because of; 8. [~~Been diagnosed as having or have been treated for any mental or emotional condition arising from;~~ [9. ] Resigned under threat of termination of employment or volunteerism for; 9. [~~10.~~ ] Had a report of child abuse or neglect made and substantiated against me for; or 10. [~~11.~~ ] Have any pending criminal charges against me in this or any other jurisdiction for; Any conduct, matter, or thing (irrespective of formal name thereof) constituting or involving (whether under criminal or civil law of any jurisdiction): 1. Any felony; 2. Rape or other sexual assault; 3. Physical, sexual, emotional abuse and/or neglect of a minor; 4. Incest; 5. Exploitation, including sexual, of a minor; 6. Sexual misconduct with a minor; 7. Molestation of a child; 8. Lewdness or indecent exposure; 9. Lewd and lascivious behavior; 10. Obscene or pornographic literature, photographs, or videos; 11. Assault, battery, or any violent offense involving a minor; 12. Endangerment of a child; 13. Any misdemeanor or other offense classification involving a minor or to which a minor was a witness; 14. Unfitness as a parent or custodian; 15. Removing children from a state or concealing children in violation of a court order;



	16. Restrictions or limitations on contact or visitation with children or minors resulting from a court order protecting a child or minor from abuse, neglect, or exploitation; or 17. Any type of child abduction[~~; or,~~ [~~18. Similar or related conduct, matters, or things~~ ]. Except the following (list all incidents, location, description, and date) (if none, write NONE) Signed ________________________ Date _______________. Subscribed and sworn to (or affirmed) before me this ________ day of ________________,____________. Signature of notarial officer ____________________________________. (seal, if any, of notarial officer) My commission expires: ____________ HB 3757 - HOUSE REFUSES TO CONCUR IN SENATE AMENDMENTS CONFERENCE COMMITTEE APPOINTED Representative Giddings called up with senate amendments for consideration at this time, HB 3757, A bill to be entitled An Act relating to approved drug and alcohol driving awareness programs. Representative Giddings moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3757. The motion prevailed without objection. The chair announced the appointment of the following conference committee, on the part of the house, on HB 3757: Giddings, chair, Olivo, Burnam, G. Lewis, and J. Jones. HB 3780 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Luna called up with senate amendments for consideration at this time, HB 3780, A bill to be entitled An Act relating to the creation of a county court at law in Nueces County and to the probate jurisdiction of the county courts at law in Nueces County. On motion of Representative Luna, the house concurred in the senate amendments to HB 3780. Senate Committee Substitute CSHB 3780, A bill to be entitled An Act relating to the creation of a county court at law in Nueces County and to the probate jurisdiction of the county courts at law in Nueces County. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 25.1801, Government Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:



	(a) Nueces County has the following statutory county courts: (1) County Court at Law No. 1 of Nueces County; (2) County Court at Law No. 2 of Nueces County; (3) County Court at Law No. 3 of Nueces County; [~~and~~ ] (4) County Court at Law No. 4 of Nueces County; and (5) County Court at Law No. 5 of Nueces County. (c) The County Court at Law No. 5 of Nueces County shall give preference to: (1) any proceeding involving an order relating to a child in the possession or custody of the Department of Protective and Regulatory Services; (2) proceedings under Title 3, Family Code; and (3) mental health matters over which the court has jurisdiction under Section 25.1802(a)(4). SECTION 2. Section 25.1802, Government Code, is amended by amending Subsections (a), (d), (e), (g), (i), and (n) and adding Subsection (r) to read as follows: (a) In addition to the jurisdiction provided by Section 25.0003 and other law, and except as limited by Subsection (d), a county court at law in Nueces County has: (1) the jurisdiction provided by the constitution and by general law for district courts; (2) [the general jurisdiction provided by Section 25.0021 for a statutory probate court and the jurisdiction and authority of a probate court or a statutory probate court under Sections 4, 5, 5A, and 5B, Texas Probate Code; [~~(3)~~ ] concurrent jurisdiction with the district court in disputes ancillary to probate, eminent domain, condemnation, or landlord and tenant matters relating to the adjudication and determination of land titles and trusts, whether testamentary, inter vivos, constructive, resulting, or any other class or type of trust, regardless of the amount in controversy or the remedy sought; (3) [~~(4)~~ ] concurrent jurisdiction with the district court over civil forfeitures, including surety bond forfeitures without minimum or maximum limitation as to the amount in controversy or remedy sought; (4) [~~(5)~~ ] jurisdiction in mental health matters, original or appellate, provided by law for constitutional county courts, statutory county courts, statutory probate courts, or district courts with mental health jurisdiction, including proceedings under: (A) Subtitle C, Title 7, Health and Safety Code; (B) Chapter 462, Health and Safety Code; and (C) Subtitle D, Title 7, Health and Safety Code; (5) [~~(6)~~ ] jurisdiction over the collection and management of estates of minors, mentally disabled persons, and deceased persons; (6) [~~(7)~~ ] concurrent jurisdiction with the district court in all actions by or against a personal representative, in all actions involving an inter vivos trust, in all actions involving a charitable trust, and in all actions involving a testamentary trust, whether the matter is appertaining to or incident to an estate;



	(7) [~~(8)~~ ] the pendent and ancillary jurisdiction necessary to promote judicial efficiency and economy; and (8) [~~(9)~~ ] jurisdiction in all cases assigned, transferred, or heard under Sections 74.054, 74.059, and 74.094, Government Code. (d) A county court at law does not have jurisdiction of: (1) felony cases, except as otherwise provided by law; (2) misdemeanors involving official misconduct unless assigned under Sections 74.054 and 74.059, Government Code; (3) contested elections; or (4) except as provided by Subsection (r), family law cases. (e) The judge of County Court at Law No. 1, 2, or 3 of Nueces County may be paid, and the judge of County Court at Law No. 4 and the judge of County Court at Law No. 5 of Nueces County shall each be paid, an annual salary equal to the amount that is $1,000 less than the salary paid by the state to a district judge in the county. The salaries shall be paid in the same manner and from the same fund as prescribed by law for the county judge. (g) If the regular judge of County Court at Law No. 4 or 5 of Nueces County is absent or disqualified from presiding, a special judge may be appointed by the commissioners court. The person appointed must be recommended by the regular judge or, if the judge is unable to recommend a person, by the board of directors of the Nueces County Bar Association. A special judge is entitled to the same rate of compensation as the regular judge. A special judge has all the powers, duties, and immunities of the regular judge. (i) The commissioners court may employ as many deputy sheriffs and bailiffs as are necessary to serve the County Courts at Law Nos. 3, [~~and~~ ] 4, and 5 of Nueces County. (n) The district clerk serves as clerk of a county court at law in cases enumerated in Subsection (a). The district clerk shall establish a separate docket for each county court at law. In matters of concurrent jurisdiction with the district court, the district clerk shall charge the same fees as are allowed in district court cases, except that in cases enumerated in Subsections (a)(2)[~~, (a)(3),~~ ] and (a)(4) [~~(a)(5),~~ ] and in misdemeanor cases other than those involving official misconduct, the clerk may not charge higher fees than the fees charged by county clerks for similar cases. (r) In addition to the jurisdiction provided by this section for statutory county courts of Nueces County, the County Court at Law No. 5 of Nueces County has jurisdiction of: (1) proceedings under Title 3, Family Code; and (2) any proceeding involving an order relating to a child in the possession or custody of the Department of Protective and Regulatory Services. SECTION 3. Section 152.1841(a), Human Resources Code, is amended to read as follows: (a) The juvenile board of Nueces County is composed of the county judge, [~~and~~ ] the district judges in Nueces County, and the judge of the County Court at Law No. 5 of Nueces County. SECTION 4. County Court at Law No. 5 of Nueces County, Texas, is created and this Act takes effect September 1, 1999.



	SECTION 5. (a) The local administrative district judge shall transfer any case described by Section 25.1801(c), Government Code, as added by this Act, that is pending in a district court in Nueces County on the effective date of this Act to the County Court at Law No. 5 of Nueces County. (b) When a case is transferred from one court to another as provided by Subsection (a) of this section, all processes, writs, bonds, recognizances, or other obligations issued from the transferring court are returnable to the court to which the case is transferred as if originally issued by that court. The obligee in all bonds and recognizances taken in and for a court from which a case is transferred, and all witnesses summoned to appear in a court from which a case is transferred, are required to appear before the court to which a case is transferred as if originally required to appear before the court to which the transfer is made. SECTION 6. 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. HOUSE DISCHARGES CONFEREES HB 3021 - HOUSE CONCURS IN SENATE AMENDMENTS TEXT OF SENATE AMENDMENTS Representative Smithee called up with senate amendments for consideration at this time, HB 3021, A bill to be entitled An Act relating to a health maintenance organization's complaint and appeals procedures. Representative Smithee moved to discharge the conferees and concur in the senate amendments to HB 3021. The motion prevailed without objection. Senate Amendment No. 1 Amend HB 3021 as follows: (1) In Article 3.70-3D, Insurance Code, as added by SECTION 5 of the bill (Committee Printing page 4, lines 52-69 and page 5, lines 1-17) by striking SECTION 5 and substituting the following: SECTION 5. Subchapter G, Chapter 3, Insurance Code, is amended by adding Article 3.70-3D to read as follows: Art. 3.70-3D. CONSUMER ASSISTANCE PROGRAM FOR HEALTH MAINTENANCE ORGANIZATIONS. (a) The consumer assistance program for health maintenance organizations is established. The commissioner may contract, through a request for proposals, with a nonprofit organization to operate the program. (b) The program shall: (1) assist individual consumers in complaints or appeals within the operation of a health maintenance organization, and outside of the operation of a health maintenance organization, including appeals under Article 21.58A of this code or in Medicaid and Medicare fair hearings; and



	(2) refer consumers to other programs or agencies if appropriate. (c) The program may: (1) operate a statewide clearinghouse for objective consumer information about health care coverage, including options for obtaining health care coverage; and (2) accept gifts, grants, or donations from any source for the purpose of operating the program. The program may charge reasonable fees to consumers to support the program. (d) The commissioner or an entity contracting with the commissioner to implement this article may establish an advisory committee composed of consumers, health care providers, and health care plan representatives. (e) A nonprofit organization contracting with the commissioner pursuant to subsection (a) must not be involved in providing health care or health care plans and must demonstrate that it has expertise in providing direct assistance to consumers with respect to their concerns and problems with health maintenance organizations. (2) Add the following appropriately numbered SECTION and renumber subsequent sections accordingly: SECTION ____. The changes made by Section 5 of this Act do not take effect unless the legislature appropriates money specifically for the purpose of administering that section. SB 403 - VOTE RECONSIDERED Representative Hinojosa moved to reconsider the vote by which SB 403 was passed. The motion to reconsider prevailed. Amendment No. 1 Representative Hinojosa offered the following amendment to SB 403: Amend SB 403 in SECTION 6, page 4, line 20, after the words "peace officer" by striking ",by a surety on the forfeited bond,". Amendment No. 1 was adopted without objection. SB 403, as amended, was passed. ADJOURNMENT Representative Goolsby moved that the house adjourn until 11 a.m. tomorrow. The motion prevailed without objection. The house accordingly, at 7:40 p.m., adjourned until 11 a.m. tomorrow. ---------------- ADDENDUM -------------- REFERRED TO COMMITTEES The following bills and joint resolutions were today laid before the house, read first time, and referred to committees, and the following



	resolutions were today laid before the house and referred to committees. If indicated, the chair today corrected the referral of the following measures: List No. 1 HR 1085 (by Craddick), Congratulating Lyle and Ethel Winje on their 50th wedding anniversary. To Rules & Resolutions. HR 1086 (by Craddick), Congratulating O. R. and Viola Glenn on their 50th wedding anniversary. To Rules & Resolutions. HR 1087 (by Craddick), Congratulating Charles and Vera Kimble of Midland on their 65th wedding anniversary. To Rules & Resolutions. HR 1088 (by Craddick), Congratulating Jake and Helen Arnold on their 50th wedding anniversary. To Rules & Resolutions. HR 1089 (by Craddick), Congratulating Tommy and Grace Balles on their 50th wedding anniversary. To Rules & Resolutions. HR 1090 (by Craddick), Congratulating C. E. and Catherine Adams on their 64th wedding anniversary. To Rules & Resolutions. HR 1092 (by Longoria), Commemorating the 25th Anniversary of the Southwest Voter Registration Education Project. To Rules & Resolutions. HR 1097 (by Deshotel), In memory of Herbert Martin. To Rules & Resolutions. HR 1099 (by Pitts), Honoring state employees who have worked on Y2K remediation for the state of Texas. To Rules & Resolutions. HR 1100 (by McClendon), Congratulating Matthew William Adkisson on attaining the rank of Eagle Scout. To Rules & Resolutions. HR 1101 (by McClendon), Congratulating Richard Stephen Allison on attaining the rank of Eagle Scout. To Rules & Resolutions. HR 1102 (by Alexander), Promoting awareness of rural mail carriers in Texas. To Rules & Resolutions. HR 1105 (by Flores), Congratulating Mari Gonzalez on her recent election to public office. To Rules & Resolutions.



	HR 1106 (by Flores), Congratulating Guadalupe Rangel, Jr., on his election to the La Villa Board of Aldermen. To Rules & Resolutions. HR 1107 (by Flores), Congratulating Angie Garza on her recent election to public office. To Rules & Resolutions. HR 1108 (by Flores), Congratulating Johnny Cuellar on his recent election. To Rules & Resolutions. HR 1109 (by Flores), Congratulating Oscar Rios on his recent election. To Rules & Resolutions. HR 1110 (by Flores), Congratulating Billy Leo on his recent election. To Rules & Resolutions. HR 1111 (by Flores), Congratulating Celestino Ramirez on his recent election. To Rules & Resolutions. HR 1112 (by Flores), Congratulating George Gonzalez on his recent election. To Rules & Resolutions. HR 1113 (by Flores), Congratulating Victor Garcia on his recent election as commissioner for the City of La Villa. To Rules & Resolutions. HR 1114 (by Flores), Congratulating Jaime Cantu on his recent election as alderman for the City of Edcouch. To Rules & Resolutions. HR 1115 (by Flores), Congratulating Delmira Trevino on his recent election as alderman for the City of Edcouch. To Rules & Resolutions. HR 1116 (by Flores), Congratulating Ramiro Silva on his recent election as mayor of the City of Edcouch. To Rules & Resolutions. HR 1117 (by Flores), Congratulating Augustin Torres on his recent election as commissioner for the City of Elsa. To Rules & Resolutions. HR 1118 (by Flores), Congratulating Gregorio Madrigal on his recent election as mayor of the City of Elsa. To Rules & Resolutions. HR 1119 (by Flores), Congratulating Reymundo Ruiz on his recent election as commissioner for Sullivan City. To Rules & Resolutions. HR 1120 (by Flores), Congratulating Jose "Nievitos" Villalon on his recent election as commissioner for Sullivan City. To Rules & Resolutions.



	HR 1121 (by Flores), Congratulating Gumaro Flores on his recent election as mayor of Sullivan City. To Rules & Resolutions. HR 1123 (by Flores), Honoring Hoss Lozano of the Rio Hondo School Board. To Rules & Resolutions. HR 1124 (by Flores), Honoring Thomas E. Wiesman of the Rio Hondo School Board. To Rules & Resolutions. HR 1125 (by Flores), Honoring Lina R. Arredondo of the Rio Hondo School Board. To Rules & Resolutions. HR 1126 (by Flores), Honoring Rolando Alfaro of the Rio Hondo School Board. To Rules & Resolutions. HR 1127 (by Flores), Honoring Noemi Garza of the Rio Hondo School Board. To Rules & Resolutions. HR 1128 (by Flores), Honoring Elisa Zuniga of the Rio Hondo School Board. To Rules & Resolutions. HR 1129 (by Flores), Honoring Mike Ochoa of the Rio Hondo School Board. To Rules & Resolutions. HR 1130 (by Flores), Honoring Evelia Morales of the La Villa Independent School District Board of Trustees. To Rules & Resolutions. HR 1131 (by Flores), Honoring Ignacio Lopez, Jr., of the La Villa Independent School District Board of Trustees. To Rules & Resolutions. HR 1132 (by Flores), Honoring Domingo Villareal, Jr., of the La Joya School Board. To Rules & Resolutions. HR 1133 (by Flores), Honoring Elma Garza of the La Joya School Board. To Rules & Resolutions. HR 1134 (by Flores), Honoring Amancio J. Chapa of the La Joya School Board. To Rules & Resolutions. HR 1135 (by Flores), Honoring Carmen Ramirez of the La Joya School Board. To Rules & Resolutions.



	HR 1136 (by Flores), Honoring Norma Lee Garza of the Mission School Board. To Rules & Resolutions. HR 1137 (by Flores), Honoring Israel Sagredo of the Mission School Board. To Rules & Resolutions. HR 1138 (by Flores), Honoring Ricardo Martinez of the Mission School Board. To Rules & Resolutions. HR 1139 (by Flores), Honoring Connie Garza of the Mission School Board. To Rules & Resolutions. HR 1140 (by Flores), Honoring Ruben Femat of the Mission School Board. To Rules & Resolutions. HR 1141 (by Flores), Honoring Norie G. Garza of the Mission School Board. To Rules & Resolutions. HR 1142 (by Flores), Honoring Ric Brown of the Mission School Board. To Rules & Resolutions. HR 1143 (by Flores), Honoring Irene M. Garcia of the La Joya School Board. To Rules & Resolutions. HR 1144 (by Flores), Honoring Linda P. Pereyra of the La Villa Independent School District Board Trustees. To Rules & Resolutions. HR 1145 (by Flores), Honoring Guadalupe C. Ramos of the La Villa Independent School District Board of Trustees. To Rules & Resolutions. HR 1146 (by Flores), Honoring Juan Garza of the La Villa Independent School District Board of Trustees. To Rules & Resolutions. HR 1147 (by Flores), Honoring Maria Gloria Garcia of the La Villa Independent School District Board of Trustees. To Rules & Resolutions. HR 1148 (by Flores), Honoring Danny Ortega of the La Villa Independent School District Board of Trustees. To Rules & Resolutions. HR 1149 (by Flores), Honoring Thomas P. Wingate of the Sharyland School Board. To Rules & Resolutions. HR 1150 (by Flores), Honoring Lowell Hudsonpillar of the Sharyland School Board. To Rules & Resolutions.



	HR 1151 (by Flores), Honoring Valente Alaniz, Jr., of the La Joya School Board. To Rules & Resolutions. HR 1152 (by Flores), Honoring Leo J. Leo, Jr., of the La Joya School Board. To Rules & Resolutions. HR 1153 (by Flores), Honoring Dustin Roach of the Sharyland School Board. To Rules & Resolutions. HR 1154 (by Flores), Honoring A. J. Gorena of the Sharyland School Board. To Rules & Resolutions. HR 1155 (by Flores), Honoring Linda Cardenas of the Sharyland School Board. To Rules & Resolutions. HR 1156 (by Flores), Honoring Joe D. Williamson of the Sharyland School Board. To Rules & Resolutions. HR 1157 (by Flores), Honoring Joe Phillips of the Sharyland School Board. To Rules & Resolutions. HR 1158 (by Flores), Honoring Cecilia Luna of the Monte Alto Independent School District Board of Trustees. To Rules & Resolutions. HR 1159 (by Flores), Honoring Armando Lopez of the Monte Alto Independent School District Board of Trustees. To Rules & Resolutions. HR 1160 (by Flores), Honoring Sylvia C. Faz of the Monte Alto Independent School District Board of Trustees. To Rules & Resolutions. HR 1161 (by Flores), Honoring Josue Rivas of the Monte Alto Independent School District Board of Trustees. To Rules & Resolutions. HR 1162 (by Flores), Honoring Martin Chapa of the Monte Alto Independent School District Board of Trustees. To Rules & Resolutions. HR 1163 (by Flores), Honoring Teresa Del Toro of the Monte Alto Independent School District Board of Trustees. To Rules & Resolutions. HR 1164 (by Flores), Honoring Connie Villanueva of the Monte Alto School Independent School District Board of Trustees. To Rules & Resolutions.



	HR 1166 (by Edwards), Honoring Lawrence Collins for his legislative service. To Rules & Resolutions. HR 1171 (by Hupp), Recognizing the birth of Bryan Paul Pechal and acknowledging him as an honorary Texan. To Rules & Resolutions. HR 1174 (by Flores), Congratulating Michael Davis on his recent election to the school board. To Rules & Resolutions. HR 1175 (by Flores), Congratulating Hector Garza on his recent election to the school board. To Rules & Resolutions. HR 1176 (by Flores), Congratulating Noe Tamez on his recent election to the school board. To Rules & Resolutions. HR 1177 (by Flores), Congratulating Esteben Garza on his recent election to the school board. To Rules & Resolutions. HR 1178 (by Flores), Congratulating Rudy Rodriguez on his recent election to the school board. To Rules & Resolutions. HR 1179 (by Flores), Congratulating Xavier Salinas on his recent election to the school board. To Rules & Resolutions. HR 1180 (by Flores), Congratulating Albert Sandoval on his recent election to the school board. To Rules & Resolutions. HR 1181 (by Flores), Congratulating Frank Cuellar on his recent election to the school board. To Rules & Resolutions. HR 1182 (by Flores), Congratulating Paul Rodriguez on his recent election to the school board. To Rules & Resolutions. HR 1183 (by Flores), Congratulating Fred Borrego on his recent election to the school board. To Rules & Resolutions. HR 1184 (by Flores), Congratulating Jose G. Ramirez on his recent election to the school board. To Rules & Resolutions. HR 1185 (by Flores), Congratulating Roy Rodriguez on his recent election to the school board. To Rules & Resolutions.



	HR 1186 (by Flores), Congratulating Michael Ozuna on his recent election to the school board. To Rules & Resolutions. HR 1187 (by Flores), Congratulating Joe Cisneros on his recent election to the school board. To Rules & Resolutions. HR 1188 (by Flores), Congratulating Felix Garza on his recent election to the school board. To Rules & Resolutions. HR 1189 (by Flores), Congratulating Rodolfo Ramirez on his recent election to the school board. To Rules & Resolutions. HR 1190 (by Flores), Congratulating William Peisen on his recent election to the school board. To Rules & Resolutions. HR 1191 (by Flores), Congratulating George Cardenas on his recent election to the school board. To Rules & Resolutions. HR 1192 (by Flores), Congratulating Eddie Olivarez on his recent election to the school board. To Rules & Resolutions. HR 1193 (by Flores), Congratulating Aaron Gonzalez on his recent election to the school board. To Rules & Resolutions. HR 1194 (by Flores), Congratulating Juan Rodriguez on his recent election to the school board. To Rules & Resolutions. HR 1195 (by Flores), Congratulating Robert Contreras on his recent election to the school board. To Rules & Resolutions. HR 1196 (by Flores), Congratulating Juan Garza on his recent election to the school board. To Rules & Resolutions. HR 1197 (by Flores), Congratulating Ramon Rosales on his recent election to the school board. To Rules & Resolutions. HR 1198 (by Flores), Congratulating Juan J. Ramos on his recent election to the school board. To Rules & Resolutions. HR 1199 (by Flores), Congratulating Tony Leal on his recent election to the school board. To Rules & Resolutions.



	HR 1201 (by Counts), Honoring Tiffany Green of Hamlin High School. To Rules & Resolutions. HR 1202 (by Goolsby), Honoring the employees of the House Business Office. To Rules & Resolutions. HR 1203 (by Goolsby), Honoring the house parking guards on their diligent service during the 76th Legislature. To Rules & Resolutions. HR 1204 (by Dunnam), Honoring the myriad accomplishments of George Davis Dixon. To Rules & Resolutions. HR 1205 (by R. Lewis), Honoring the retirement of Orangefield High School girls basketball coach Bill Tennison. To Rules & Resolutions. SCR 86 to Rules & Resolutions. SIGNED BY THE SPEAKER The following bills and resolutions were today signed in the presence of the house by the speaker: Senate List No. 32 SB 23, SB 79, SB 99, SB 139, SB 167, SB 172, SB 260, SB 315, SB 322, SB 352, SB 424, SB 445, SB 451, SB 507, SB 519, SB 529, SB 577, SB 621, SB 627, SB 677, SB 734, SB 792, SB 846, SB 851, SB 916, SB 928, SB 977, SB 987, SB 1030, SB 1118, SB 1197, SB 1223, SB 1234, SB 1272, SB 1292, SB 1293, SB 1310, SB 1319, SB 1359, SB 1361, SB 1379, SB 1391, SB 1421, SB 1514, SB 1571, SB 1587, SB 1593, SB 1603, SB 1640, SB 1665, SB 1718, SB 1734, SB 1794, SB 1862, SB 1883, SCR 2, SCR 9, SCR 22, SCR 83, SJR 22 House List No. 63 HB 217, HB 323, HB 707, HB 820, HB 954, HB 1187, HB 1752, HB 1777, HB 1916, HB 2025, HB 2307, HB 2382, HB 2424, HB 2534, HB 2557, HB 2617, HB 2961, HB 3033, HB 3092, HB 3300, HB 3456, HB 3516, HB 3624, HCR 285, HCR 287, HCR 292, HCR 295, HCR 296 MESSAGES FROM THE SENATE The following messages from the senate were today received by the house: Message No. 3 MESSAGE FROM THE SENATE SENATE CHAMBER Austin, Texas Wednesday, May 26, 1999 - 3 The Honorable Speaker of the House House Chamber Austin, Texas



	Mr. Speaker: I am directed by the Senate to inform the House that the Senate has taken the following action: THE SENATE HAS PASSED THE FOLLOWING MEASURES: HB 153 Nixon, Joe SPONSOR: Moncrief Relating to establishing a procedure to prevent the fraudulent use of an individual's identification in circumstances affecting proper law enforcement. (AMENDED) HB 801 Uher SPONSOR: Armbrister Relating to public participation in certain environmental permitting procedures of the Texas Natural Resource Conservation Commission. (COMMITTEE SUBSTITUTE/AMENDED) HB 2186 Dutton SPONSOR: Ellis, Rodney Relating to summary judgments issued by a court. (AMENDED) HB 2281 Garcia SPONSOR: Lucio Relating to a program of the Texas Department of Housing and Community Affairs to promote for-profit construction of affordable homes for low and very low income homebuyers. HB 3014 Hawley SPONSOR: Bernsen Relating to the Texas Department of Transportation's automated registration and title system. (AMENDED) HB 3059 Hill SPONSOR: Lucio Relating to the operation of the Texas State Affordable Housing Corporation. HB 3255 Gallego SPONSOR: Carona Relating to compensation to certain victims of domestic violence from the compensation to victims of crime fund. (AMENDED) HB 3846 Lewis, Ron SPONSOR: Bernsen Relating to the composition of the board of directors of the Sabine River Authority of Texas. (AMENDED) HCR 289 West, George "Buddy" SPONSOR: Brown, J. E. "Buster Commending Dan N. MacLemore III on his selection as moderator of the Presbytery of New Covenant. Respectfully, Betty King Secretary of the Senate



	Message No. 1 MESSAGE FROM THE SENATE SENATE CHAMBER Austin, Texas Wednesday, May 26, 1999 The Honorable Speaker of the House House Chamber Austin, Texas Mr. Speaker: I am directed by the Senate to inform the House that the Senate has taken the following action: THE SENATE HAS PASSED THE FOLLOWING MEASURES: LOCAL AND UNCONTESTED CALENDAR HB 27 Goolsby SPONSOR: Jackson Relating to the medical records of the patient of a physician. HB 51 Cuellar SPONSOR: Gallegos Relating to the authority of a taxing unit to permit certain persons to perform services or to provide persons to perform services for the taxing unit in lieu of paying ad valorem taxes owed to the unit. HB 59 Cuellar SPONSOR: Duncan Relating to making a voter information guide for judicial elections available to the public on the Internet. HB 89 Gutierrez SPONSOR: Sibley Relating to the delinquent registration of a motor vehicle. HB 91 Giddings SPONSOR: Ellis, Rodney Relating to prohibiting female genital mutilation; imposing a penalty. HB 108 Alvarado SPONSOR: Madla Relating to motor vehicle liability insurance for vehicles operated by peace officers in certain counties. HB 116 Smith SPONSOR: Harris Relating to judicial review of a decision by a municipal board of adjustment. HB 163 Chisum SPONSOR: Bivins Relating to the offense of possession of a controlled substance or dangerous drug in a correctional facility. HB 213 Hochberg SPONSOR: Nelson Relating to certain claims for health care services. HB 236 Krusee SPONSOR: Wentworth Relating to the composition of the board of directors of certain metropolitan rapid transit authorities. HB 243 West, George "Buddy" SPONSOR: Gallegos Relating to authorizing peace officers to administer certain oaths.



	HB 269 Flores SPONSOR: West, Royce Relating to jury service by public school employees. HB 318 Driver SPONSOR: Duncan Relating to the penalty for a false application for a driver's license or a certificate issued by the Department of Public Safety. HB 319 Driver SPONSOR: Cain Relating to the penalty for tampering with certain governmental records. HB 351 Denny SPONSOR: Ellis, Rodney Relating to the civil liability of a county tax assessor-collector. HB 426 Turner, Bob SPONSOR: Haywood Relating to educational requirements for the executive director of the Texas Animal Health Commission. HB 450 Pitts SPONSOR: Cain Relating to disconnection of a telephone call made by an automated dial announcing device. HB 496 Flores SPONSOR: Lucio Relating to the operation of vehicle theft checkpoints near the Mexican border. HB 509 Hochberg SPONSOR: Ellis, Rodney Relating to disputes concerning enforcement of deed restrictions in justice court. HB 512 Gray SPONSOR: Ellis, Rodney Relating to the admissibility in a civil action of certain communications of sympathy. HB 524 McReynolds SPONSOR: Nixon, Drew Relating to the application of the professional prosecutors law to the district attorney of the 1st Judicial District. HB 635 Allen SPONSOR: Shapiro Relating to the offense of taking or attempting to take a weapon from a peace officer, parole officer, or community supervision and corrections department officer. HB 641 Howard SPONSOR: Lindsay Relating to requiring a municipal utility district to disclose to the purchaser of residential real property whether the property is located in a municipality's corporate boundaries or extraterritorial jurisdiction. HB 652 Berman SPONSOR: Ratliff Relating to the application of the sales tax to certain eating utensils. HB 668 Wise SPONSOR: Armbrister Relating to missing children, to the duty of law enforcement with respect to missing children, and to certain criminal offenses frequently committed against missing children.



	HB 703 Wilson SPONSOR: Barrientos Relating to the purchase and sale of lottery tickets. HB 722 Staples SPONSOR: Nixon, Drew Relating to the number of certified peace officers employed by the Texas Forest Service. HB 729 Hochberg SPONSOR: Duncan Relating to certain requirements for an insurance carrier that pays workers' compensation benefits. HB 747 Gallego SPONSOR: Shapleigh Relating to certain evaluations made by the governing body of a hospital district, hospital authority, or public hospital. HB 756 Hartnett SPONSOR: Madla Relating to certain meetings held by a nonprofit corporation. HB 780 Thompson SPONSOR: Ellis, Rodney Relating to designation of a municipal court judge as a member of a county bail bond board. HB 806 Jones, Jesse SPONSOR: Carona Relating to the use of electronic devices for the production and authentication of certain court documents. HB 834 Eiland SPONSOR: Jackson Relating to the qualifications of a member of the board of directors of an appraisal district. HB 861 Dukes SPONSOR: Ellis, Rodney Relating to the creation of the offense of coercing, soliciting, or inducing a child to participate in the activities of a criminal street gang. HB 916 Gallego SPONSOR: Shapleigh Relating to regulation of outdoor lighting at state-funded entities. HB 947 Palmer SPONSOR: Harris Relating to the criminal penalty for a violation of law relating to the regulation of fireworks. HB 953 Uher SPONSOR: Brown, J. E. "Buster Relating to the conducting of a driver education course by the student's grandparent or stepparent. HB 955 Uher SPONSOR: Ellis, Rodney Relating to providing parties with notice of the attorney of record representing the office of attorney general. HB 964 Cuellar SPONSOR: Zaffirini Relating to allowing school crossing guards to direct traffic in a school crossing zone. HB 965 Swinford SPONSOR: Duncan Relating to certain dealer agreements concerning forestry harvesting and off-road construction equipment.



	HB 969 Van de Putte SPONSOR: Carona Relating to the definition under certain health benefit plans of treatment for craniofacial abnormalities of a child. HB 998 Farrar SPONSOR: Jackson Relating to the prosecution of the offense of burglary. HB 1001 Hartnett SPONSOR: West, Royce Relating to the creation of the criminal offense of unlawful installation of a tracking device on a motor vehicle. HB 1027 Solomons SPONSOR: Haywood Relating to the authority of the board of regents of Texas Woman's University to levy fees for student centers. HB 1066 Swinford SPONSOR: Duncan Relating to dealers of certain farm and industrial equipment. HB 1070 Merritt SPONSOR: Truan Relating to parking privileges of a disabled veteran. HB 1078 Solis, Jim SPONSOR: Madla Relating to restoration of benefits to a fire fighter or police officer on reinstatement to a position as a result of a successful appeal of a disciplinary suspension. HB 1082 Bosse SPONSOR: Ellis, Rodney Relating to the composition of the Harris County Juvenile Board. HB 1086 Solomons SPONSOR: Shapleigh Relating to liens on manufactured homes. HB 1097 Coleman SPONSOR: Madla Relating to application requirements for participation in the Texas Health Insurance Risk Pool. HB 1103 Smith SPONSOR: Shapiro Relating to when a vehicle becomes a junked vehicle. HB 1137 Thompson SPONSOR: Ellis, Rodney Relating to the penalty imposed on certain persons who fail to timely pay or deliver abandoned property. HB 1148 Seaman SPONSOR: Madla Relating to reports related to certain offices within the Texas Department of Economic Development. HB 1159 Ellis, Dan SPONSOR: Cain Relating to county regulation of public nuisances. HB 1176 Junell SPONSOR: Wentworth Relating to certain documents required to be filed with an application for probate of a foreign will. HB 1184 Hilbert SPONSOR: Gallegos Relating to the regulation of staff leasing services.



	HB 1211 Averitt SPONSOR: Sibley Relating to health maintenance organization plans for small employers. HB 1217 Moreno, Joe SPONSOR: Jackson Relating to enrollment periods for employer health benefit plans. HB 1219 Keel SPONSOR: Wentworth Relating to the accounting system in certain counties. HB 1227 Jones, Jesse SPONSOR: Bernsen Relating to special license plates to support reading programs of public libraries. HB 1265 McClendon SPONSOR: Barrientos Relating to the penalty for trespassing onto a Superfund site. HB 1321 King, Phil SPONSOR: Harris 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 1333 Hardcastle SPONSOR: Sibley Relating to the time limit regarding a protest for potential chargebacks under the unemployment compensation system. HB 1337 Uresti SPONSOR: Madla Relating to evidence of domestic violence in the appointment of a managing conservator for a child. HB 1350 Solis, Jim SPONSOR: Lucio Relating to the jurisdiction of the statutory county courts of Cameron County. HB 1353 Deshotel SPONSOR: Bernsen Relating to certain information used for emergency management and disaster services. HB 1354 Hartnett SPONSOR: Carona Relating to requiring notice of certain appeal rights to a person insured or applying for medical liability insurance provided through a joint underwriting association. HB 1374 Gallego SPONSOR: Madla Relating to contracts executed by and the election of the board of directors of the Val Verde County Hospital District. HB 1425 Staples SPONSOR: Nixon, Drew Relating to a traffic offense committed in a construction or maintenance work zone. HB 1432 Grusendorf SPONSOR: Shapiro Relating to the authority of the Texas Department of Public Safety to charge a fee for processing certain inquiries for certain sex offender registration information. HB 1436 Salinas SPONSOR: Truan Relating to designating Farm-to-Market Road 1931 in Alice as Flournoy Road.



	HB 1510 Marchant SPONSOR: Shapiro Relating to documentary fee included in a vehicle retail installment contract. HB 1517 Solis, Jim SPONSOR: Lucio Relating to a study and strategic plan concerning the development of the apparel industry in the border region. HB 1522 Siebert SPONSOR: Armbrister Relating to prompt payment requirements for work performed by contractors and subcontractors on certain real property. HB 1538 Uher SPONSOR: Cain Relating to the issuance by the Texas Department of Transportation of annual permits to move certain superheavy or oversize equipment on a state highway. HB 1545 Danburg SPONSOR: Shapleigh Relating to accessibility standards at polling places and precinct convention places for the elderly and persons with physical disabilities. HB 1562 Reyna, Elvira SPONSOR: Carona Relating to matters that may be referred to a criminal law magistrate in Dallas County. HB 1563 Bosse SPONSOR: Lindsay Relating to prohibiting the recording of a plat or replat of a subdivision of real property if ad valorem taxes are delinquent. HB 1575 Maxey SPONSOR: Barrientos Relating to double parking in a central business district. HB 1583 Jones, Jesse SPONSOR: West, Royce Relating to the confidentiality of certain juvenile records or files. HB 1586 Naishtat SPONSOR: Zaffirini Relating to the coverage by long-term care insurance policies of the parents of an insured or the parents of the spouse of an insured. HB 1604 Thompson SPONSOR: Ellis, Rodney Relating to certain procedures involving the ad valorem taxation of property owned or acquired by a religious organization. HB 1606 Thompson SPONSOR: Wentworth Relating to the assignment of visiting judges in certain county courts. HB 1616 Uher SPONSOR: Bernsen Relating to the issuance of volunteer firefighter license plates. HB 1618 Keel SPONSOR: Wentworth Relating to the creation of library districts. HB 1627 Maxey SPONSOR: Cain Relating to certain requirements for insurers that contract with municipalities. HB 1666 Green SPONSOR: Armbrister Relating to the operation of the Nixon Hospital District of Gonzales and Wilson Counties, Texas, and Gonzales Healthcare Systems.



	HB 1697 Greenberg SPONSOR: Barrientos Relating to eligibility and benefits under public retirement systems for employees of certain municipalities. HB 1733 Luna, Vilma SPONSOR: Zaffirini Relating to a continuing advisory panel to provide policy guidance concerning special education and related services. HB 1743 Shields SPONSOR: Truan 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. HB 1754 Hill SPONSOR: Carona Relating to summoning prospective jurors to justice court. HB 1798 King, Phil SPONSOR: Harris Relating to the prosecution of theft of services provided at certain service establishments. HB 1802 Eiland SPONSOR: Jackson Relating to an affirmative defense to certain gambling offenses committed on an ocean-going vessel. HB 1805 Dunnam SPONSOR: Ellis, Rodney Relating to the exemption of insurance benefits from garnishment, attachment, execution, or other seizure. HB 1847 Hill SPONSOR: Madla Relating to the presumed validity of a district act or proceeding. HB 1874 Hinojosa SPONSOR: Lucio Relating to the operation and administration of The University of Texas-Pan American. HB 1896 Keel SPONSOR: Barrientos Relating to the compensation of criminal law magistrates in Travis County. HB 1906 West, George "Buddy" SPONSOR: Brown, J. E. "Buster Relating to special license plates benefiting parks, fisheries, and wildlife. HB 1919 Gallego SPONSOR: Harris Relating to legislative review of health care benefits that are mandated to be provided by health benefit plans. HB 1925 Carter SPONSOR: Duncan Relating to the display of certain flags at the Capitol building. HB 1956 Danburg SPONSOR: Gallegos Relating to the amendment or termination of restrictive covenants affecting real property in certain historic neighborhoods. HB 1999 Telford SPONSOR: Armbrister Relating to employee benefits available to employees of community supervision and corrections departments. HB 2009 Palmer SPONSOR: Harris Relating to the qualifications for service as constable.



	HB 2017 Christian SPONSOR: Carona Relating to the designation of certain state employees as liaisons to faith-based organizations for the purpose of promoting community services for the needy and to the promotion of cooperation and coordination among certain organizations by local workforce development boards. HB 2019 Staples SPONSOR: Nixon, Drew Relating to the conveyance of certain state-owned real property in Cherokee County to the City of Rusk. HB 2032 Kuempel SPONSOR: Armbrister Relating to surrender of a suspended or revoked driver's license or vehicle registration. HB 2034 Gray SPONSOR: Jackson Relating to the authority of certain counties to delegate traffic regulation functions. HB 2035 Hawley SPONSOR: Armbrister Relating to insurance coverage for employees of certain motor carriers. HB 2049 Thompson SPONSOR: Madla Relating to the right of a person entitled to coverage under certain health and accident insurance policies to select certain health care practitioners. HB 2057 Yarbrough SPONSOR: Whitmire Relating to the form for an application for an early voting ballot to be voted by mail. HB 2059 Uher SPONSOR: Brown, J. E. "Buster Relating to the determination of the amount of child support for a child of certain disabled obligors. HB 2101 Pitts SPONSOR: Ellis, Rodney Relating to compliance by financial institutions with requests relating to judgment debtors. HB 2109 Bonnen SPONSOR: Brown, J. E. "Buster Relating to limits on liability of a taxing unit for storage tanks. HB 2135 Solomons SPONSOR: Harris Relating to establishing a mechanic's lien for landscaping installations. HB 2146 Allen SPONSOR: Harris Relating to the application of the sales tax to certain items sold through coin-operated vending machines. HB 2151 Bosse SPONSOR: Whitmire Relating to immunity from liability of a member of the board of directors of a public facility corporation. HB 2152 King, Phil SPONSOR: Shapiro Relating to a partial lump-sum distribution on retirement from the Texas County and District Retirement System. HB 2162 Naishtat SPONSOR: Barrientos Relating to the process for preparing a development plan before certain state-owned real property is offered for sale or lease.



	HB 2164 Naishtat SPONSOR: Moncrief Relating to the appointment of a guardian for certain incapacitated minors. HB 2166 Naishtat SPONSOR: Moncrief Relating to the appointment of successor guardians for wards of guardianship programs or governmental entities serving as guardians. HB 2172 Luna, Vilma SPONSOR: Cain Relating to school district compliance with special education laws. HB 2201 Tillery SPONSOR: Madla Relating to the authority of a municipal court judge to sit for another municipal court judge under certain circumstances. HB 2207 Olivo SPONSOR: Ellis, Rodney Relating to parking of a commercial motor vehicle in a residential subdivision. HB 2219 Hilbert SPONSOR: Lindsay Relating to an exemption from investment training for officers and employees of emergency services and rural fire prevention districts. HB 2220 Hilbert SPONSOR: Brown, J. E. "Buster Relating to refunds of overpayments or erroneous payments of ad valorem taxes. HB 2231 Crabb SPONSOR: Cain Relating to the punishment for the offense of burglary of a rail car. HB 2247 Hawley SPONSOR: Bernsen Relating to the method of payment of fees for goods sold or services provided by the Texas Department of Transportation or for the administration of Texas Department of Transportation programs. HB 2252 Eiland SPONSOR: Jackson Relating to commercial windstorm insurance rates. HB 2253 Eiland SPONSOR: Jackson Relating to the operation of the catastrophe reserve trust fund. HB 2260 Noriega SPONSOR: Gallegos Relating to contracts for the replacement or repair of public school equipment or public school facilities. Respectfully, Betty King Secretary of the Senate Message No. 5 MESSAGE FROM THE SENATE SENATE CHAMBER Austin, Texas Wednesday, May 26, 1999 - 5



	The Honorable Speaker of the House House Chamber Austin, Texas Mr. Speaker: I am directed by the Senate to inform the House that the Senate has taken the following action: THE SENATE HAS PASSED THE FOLLOWING MEASURES: LOCAL AND UNCONTESTED CALENDAR HB 656 Noriega SPONSOR: Whitmire Relating to the penalty for sale or delivery of a substance containing a volatile chemical to a minor. HB 2265 Hamric SPONSOR: Brown, J. E. "Buster Relating to the Harris County Road Law; providing a civil penalty. HB 2269 Hamric SPONSOR: Barrientos Relating to the exemption from ad valorem taxation of property owned by certain charitable organizations performing certain functions. HB 2272 Ritter SPONSOR: Haywood Relating to advisory committees to the Parks and Wildlife Commission. HB 2274 Keel SPONSOR: Barrientos Relating to the administration, powers, duties, operation and financing of Wells Branch Municipal Utility District in Travis and Williamson counties. HB 2275 Keel SPONSOR: Wentworth Relating to the board of directors, boundaries, and financing of the Southwest Travis County Water District. HB 2300 Hunter SPONSOR: Ellis, Rodney Relating to the publication by the Texas Board of Professional Engineers of a roster of engineers. HB 2317 Hartnett SPONSOR: Wentworth Relating to venue in an action concerning a trust. HB 2337 Ehrhardt SPONSOR: Carona Relating to additional interest for default on a loan contract including simple interest. HB 2388 Solis, Jim SPONSOR: Madla Relating to the sale or lease by a county of real property in connection with certain economic development programs. HB 2397 Carter SPONSOR: Nelson Relating to the Crime Stoppers Advisory Council. HB 2408 Hill SPONSOR: Lucio Relating to notice to tenants of certain changes in policy by a landlord. HB 2415 Keffer SPONSOR: Sibley Relating to a junior college district branch campus, center, or extension facility.



	HB 2429 King, Tracy SPONSOR: Zaffirini Relating to the method used by the comptroller of public accounts to pay vendors and other persons. HB 2455 Edwards SPONSOR: Ellis, Rodney Relating to access for certain persons to the medical records of a child. HB 2456 Hartnett SPONSOR: Wentworth Relating to the statute of limitations for certain civil actions. HB 2469 Ramsay SPONSOR: Shapiro Relating to facilities requirements for county jails. HB 2511 Giddings SPONSOR: Armbrister Relating to the reporting and transmission of certain information in connection with workers' compensation coverage. HB 2513 Ritter SPONSOR: Armbrister Relating to certain workers' compensation benefits and procedures designed to enable an injured worker to return to work. HB 2514 Ritter SPONSOR: Armbrister Relating to certain workers' compensation programs conducted to increase worker safety. HB 2536 Davis, Yvonne SPONSOR: West, Royce Relating to the salary of the county judge of Dallas County. HB 2538 Davis, Yvonne SPONSOR: Cain Relating to compulsory inspection of certain vehicles to be registered and titled outside this state. HB 2541 Hupp SPONSOR: Haywood Relating to traffic offenses occurring in a construction or maintenance work zone. HB 2547 Williams SPONSOR: Bernsen Relating to the operation of the Geo-Technology Research Institute. HB 2559 Turner, Bob SPONSOR: Ratliff Relating to increasing the policy limit on stipulated insurance company policies. HB 2563 Lewis, Glenn SPONSOR: Ellis, Rodney Relating to creation of a pilot program to establish individual development accounts for certain low-income individuals. HB 2574 Hilbert SPONSOR: Brown, J. E. "Buster Relating to allocation for ad valorem tax purposes of the value of certain business aircraft used outside this state. HB 2585 Woolley SPONSOR: Cain Relating to the substitution of and equivalency for the single currency of the European Union in certain contracts, securities, and instruments. HB 2603 Solomons SPONSOR: Nelson Relating to appropriations to historical foundations by certain counties.



	HB 2655 Elkins SPONSOR: Carona Relating to repossession of a motor vehicle for repair charges. HB 2663 Ramsay SPONSOR: Moncrief Relating to permitting a commissioners court to authorize payment of certain continuing education expenses incurred by elected county and precinct officers. HB 2667 Capelo SPONSOR: Shapiro Relating to the regulation of industrial hygienists; providing a civil penalty. HB 2706 Gallego SPONSOR: Gallegos Relating to eligibility for workers' compensation benefits for certain persons who provide certain volunteer services. HB 2711 Thompson SPONSOR: Carona Relating to restrictions on the deposit and investment of funds of a domestic insurance company. HB 2729 Longoria SPONSOR: Madla Relating to regional business certification programs for purchasing by political subdivisions. HB 2754 Smithee SPONSOR: Sibley Relating to the administration of risk pools that provide health and accident coverage for political subdivisions. HB 2758 Turner, Bob SPONSOR: Fraser Relating to the application of the professional prosecutors law to the district attorney for the 33rd Judicial District. HB 2759 Deshotel SPONSOR: Moncrief Relating to the prostate cancer education program. HB 2764 Solomons SPONSOR: Nixon, Drew Relating to the authority of a county to regulate automotive wrecking and salvage yards. HB 2769 Pickett SPONSOR: Cain Relating to the disposition of the personal property and security deposit of a deceased residential tenant. HB 2781 Pitts SPONSOR: Ellis, Rodney Relating to the definition of a qualified commercial loan. HB 2785 Dunnam SPONSOR: Madla Relating to the effective date of a change in a boundary of certain political subdivisions for purposes of an election. HB 2795 Naishtat SPONSOR: Zaffirini Relating to notice and hearing for the appointment of a guardian for incapacitated persons. HB 2800 Driver SPONSOR: Carona Relating to requiring a financial institution to maintain certain information from a business account holder.



	HB 2806 Garcia SPONSOR: West, Royce Relating to establishing a mentoring program at the University of North Texas. HB 2819 Hunter SPONSOR: Haywood Relating to the designation of the interchange at U.S. Highways 83 and 84 and Loop 322 in Abilene as the Sam Waldrop Highway Interchange. HB 2822 Deshotel SPONSOR: Ellis, Rodney Relating to the fees charged by a county clerk for probate filings. HB 2853 Bosse SPONSOR: Ellis, Rodney Relating to the provision of insurance for mutual indemnity obligations in certain mineral agreements. HB 2856 Yarbrough SPONSOR: Carona Relating to the quantity of alcoholic beverages which may be sold by package store and wine only package store permittees in a single transaction. HB 2858 Siebert SPONSOR: Wentworth Relating to the authority of certain taxing entities to repeal the local sales and use tax exemption for telecommunications services. HB 2862 Uher SPONSOR: Brown, J. E. "Buster Relating to the appointment of election judges for county elections. HB 2869 Capelo SPONSOR: Ellis, Rodney Relating to the requirement that a child provide certain information to a juvenile probation officer as a condition of probation for certain offenses involving a handgun. HB 2870 Capelo SPONSOR: Ellis, Rodney Relating to the grounds for an appeal or a postconviction writ of habeas corpus brought by a child. HB 2890 Bonnen SPONSOR: Madla Relating to the report, delivery, and claims process for unclaimed property held by certain local governments. HB 2892 Hartnett SPONSOR: Nelson Relating to the procedures for returning an absent patient to a facility for court-ordered treatment or care. HB 2898 Coleman SPONSOR: Whitmire Relating to the execution of credit agreements and issuance of obligations by certain political subdivisions. HB 2914 Pitts SPONSOR: Nelson Relating to notice of the drug testing policy followed by a convalescent or nursing home or a home and community support services agency. HB 2915 Pitts SPONSOR: Sibley Relating to the powers and duties of the executive director of the workforce development division of the Texas Workforce Commission. HB 2920 Pitts SPONSOR: Cain Relating to the operation of a motorcycle on a public street or highway.



	HB 2922 Dunnam SPONSOR: Sibley Relating to the offense of obstructing a railroad crossing with a train. HB 2930 Walker SPONSOR: Duncan Relating to the application of nepotism prohibitions to certain municipalities. HB 2937 Turner, Bob SPONSOR: Wentworth Relating to the duties of the district attorney for the 35th Judicial District. HB 2941 Lewis, Glenn SPONSOR: Armbrister Relating to certain home protection insurance. HB 2969 Averitt SPONSOR: Sibley Relating to small and large employer health plan certification, discontinuance, and dependent participation requirements. HB 2971 Staples SPONSOR: Nixon, Drew Relating to certain training and licensing requirements for appointment as a county jailer. HB 2990 Davis, John SPONSOR: Harris Relating to the enforcement of an order for possession of or access to a child. HB 3001 Hartnett SPONSOR: Cain Relating to authorizing certain trusts to convert to nonprofit corporations. HB 3002 Seaman SPONSOR: Truan Relating to designating the ferry landing at Port Aransas as the Melvin O. Littleton Ferry Landing. HB 3020 Smithee SPONSOR: Sibley Relating to the withdrawal from operations by a health maintenance organization. HB 3034 Oliveira SPONSOR: Sibley Relating to property tax abatement agreements. HB 3072 Averitt SPONSOR: Brown, J. E. "Buster Relating to certain payments by a retail seller in a retail installment transaction involving a motor vehicle. HB 3093 Gutierrez SPONSOR: Ellis, Rodney Relating to general standing to file a suit affecting the parent-child relationship. HB 3114 Uresti SPONSOR: Madla Relating to authorizing counties to permit certain veterans to park free of charge in county parking facilities. HB 3125 Chisum SPONSOR: Fraser Relating to the management of vehicles owned by the state. HB 3126 Chisum SPONSOR: Zaffirini Relating to the establishment and application of uniform criteria for evaluating state-funded drug abuse prevention programs. HB 3176 King, Phil SPONSOR: Sibley Relating to the jurisdiction of the County Court at Law of Parker County.



	HB 3178 Lewis, Glenn SPONSOR: Shapleigh Relating to coverage for certain health benefits under the Texas State College and University Employees Uniform Insurance Benefits Act. HB 3185 Gray SPONSOR: Jackson Relating to the assistance a county may provide another governmental entity for a construction project. HB 3230 Capelo SPONSOR: Ellis, Rodney Relating to the selection of alternate jurors to serve during the term of a grand jury. HB 3249 Allen SPONSOR: Armbrister Relating to permitting local prosecutors to accept federal funds for the purpose of defraying a portion of the cost of prosecution. HB 3257 Homer SPONSOR: Cain Relating to allowing certain political subdivisions to change the date of the general election for officers. HB 3262 Uher SPONSOR: Madla Relating to information in a rabies vaccination certificate or in a county or municipal registry of dogs and cats; providing criminal penalties. HB 3276 Averitt SPONSOR: Sibley Relating to the application of the Texas Non-Profit Corporation Act to charitable trustees. HB 3277 Cook SPONSOR: Armbrister Relating to research in agriculture production and its effect on water use and availability and wildlife habitats. HB 3285 Van de Putte SPONSOR: Armbrister Relating to covenants not to compete by physicians. HB 3340 Naishtat SPONSOR: Lucio Relating to a rental housing pilot program to expand long-term care housing options for elderly residents of this state with low, very low, or extremely low income. HB 3343 Naishtat SPONSOR: Wentworth Relating to receiverships for certain missing persons. HB 3355 Staples SPONSOR: Duncan Relating to the responsibility for transporting certain juvenile offenders. HB 3401 Hardcastle SPONSOR: Haywood Relating to the creation, administration, powers, duties, operation, and financing of the Wilbarger County Stormwater Control District; granting the authority to issue bonds and impose taxes; granting the power of eminent domain. HB 3425 Najera SPONSOR: Shapleigh Relating to eligibility for the Texas Legislative Medal of Honor. HB 3446 Swinford SPONSOR: Ogden Relating to the regulation of the practice of veterinary medicine; imposing criminal, civil, and administrative penalties.



	HB 3447 Swinford SPONSOR: Bivins Relating to the creation of a student endowment scholarship and internship program. HB 3448 Swinford SPONSOR: Bivins Relating to the Moore County Hospital District. HB 3450 Hilderbran SPONSOR: Moncrief Relating to the collection of civil penalties assessed against a convalescent or nursing home or related institution. HB 3451 Hilderbran SPONSOR: Moncrief Relating to arbitration to resolve certain matters relating to nursing homes and related institutions. HB 3452 Hilderbran SPONSOR: Moncrief Relating to binding arbitration to resolve certain disputes involving certain residential and custodial facilities licensed by the Texas Department of Human Services. HB 3463 Alexander SPONSOR: Cain Relating to the dissolution of the Cedar Creek Hospital District. HB 3480 Greenberg SPONSOR: Sibley Relating to the membership of a local workforce development board. HB 3551 Giddings SPONSOR: Ratliff Relating to disposition of proceeds from read to succeed license plates. HB 3604 Uresti SPONSOR: Madla Relating to the imposition of sanctions by a court on a person who signs a pleading or motion. HB 3606 Salinas SPONSOR: Zaffirini Relating to licensing requirements for alternative education programs that provide chemical dependency treatment services. HB 3616 Hilbert SPONSOR: Brown, J. E. "Buster Relating to amending a petition for judicial review of certain ad valorem tax determinations. HB 3630 Naishtat SPONSOR: Wentworth Relating to guardianships for incapacitated persons. HB 3641 Turner, Bob SPONSOR: Wentworth 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. HB 3642 Turner, Bob SPONSOR: Lucio Relating to certain administrative procedures of the Teacher Retirement System of Texas. HB 3656 Oliveira SPONSOR: Madla Relating to the participation of community-based organizations in the skills development fund.



	HB 3658 Oliveira SPONSOR: Sibley Relating to the enterprise zone program. HB 3660 Maxey SPONSOR: Barrientos Relating to service credit under the Teacher Retirement System of Texas for certain work experience of certified career and technology education teachers. HB 3684 Flores SPONSOR: Madla Relating to gates on certain third-class and neighborhood roads. HB 3685 Flores SPONSOR: Lucio Relating to the appeal of a driver's license or vehicle registration suspension, cancellation, or revocation. HB 3696 Hawley SPONSOR: Lucio Relating to the approval of assignments of oil and gas leases covering certain state land. HB 3736 Eiland SPONSOR: Jackson Relating to the applicability of procedures governing restrictive covenants in certain residential subdivisions. HB 3739 Greenberg SPONSOR: West, Royce Relating to ethics requirements in regard to management and investment of the permanent school fund. HB 3773 Greenberg SPONSOR: Barrientos Relating to credit in and benefits and administration of retirement systems for police officers in certain municipalities. HB 3775 Olivo SPONSOR: Armbrister Relating to the persons a justice of the peace may order to take a specimen of blood from the body of a person who died in a vehicle accident. HB 3776 Luna, Vilma SPONSOR: Truan Relating to the use of certain funds by the Nueces County Hospital District. HB 3786 Reyna, Arthur SPONSOR: Ellis, Rodney Relating to the transfer of certain proceedings in a suit affecting the parent-child relationship. HB 3794 Zbranek SPONSOR: Bernsen Relating to the authority of certain counties to impose a county hotel occupancy tax throughout the county. HB 3803 Smithee SPONSOR: Bivins Relating to the appointment of a bailiff for the County Court at Law of Randall County. HB 3804 Crownover SPONSOR: Nelson 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. HB 3807 Uher SPONSOR: Armbrister Relating to the creation of a statutory county court in Matagorda County.



	HB 3814 Counts SPONSOR: Haywood Relating to the creation of the Salt Fork Water Quality District; authorizing the issuance of bonds. HB 3817 Kuempel SPONSOR: Armbrister Relating to the boundaries, confirmation election, administration, powers, duties, operation, and financing of the Guadalupe County Groundwater Conservation District. HB 3821 Salinas SPONSOR: Zaffirini Relating to the creation of a juvenile board in Duval County. HB 3822 Telford SPONSOR: Ratliff Relating to the creation of the County Court at Law of Bowie County. HB 3823 Zbranek SPONSOR: Bernsen Relating to appointment of commissioners of the Chambers-Liberty Counties Navigation District. HB 3825 Counts SPONSOR: Haywood Relating to the jurisdiction of the County Court of King County. HB 3826 Counts SPONSOR: Haywood Relating to the jurisdiction of the County Court of Baylor County. HB 3827 Counts SPONSOR: Haywood Relating to the jurisdiction of the County Court of Cottle County. HB 3832 Delisi SPONSOR: Fraser Relating to the composition of the Bell County Juvenile Board. HB 3836 Truitt SPONSOR: Harris Relating to the removal of a member of the governing body of a general-law municipality. HB 3838 Goodman SPONSOR: Harris Relating to the protection of certain children. HB 3845 Zbranek SPONSOR: Bernsen Relating to the creation of the Southeast Texas Agricultural Development District; granting the right to issue bonds. HB 3847 Ritter SPONSOR: Bernsen Relating to powers and duties of the Jefferson County Drainage District No. 7. HB 3849 Swinford SPONSOR: Bivins 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 Thompson SPONSOR: Lindsay Relating to the assignment and docketing of cases filed in Harris County statutory probate courts. HCR 66 Flores SPONSOR: Lucio Designating Mission the Home of the Grapefruit.



	HCR 96 Coleman SPONSOR: Ellis, Rodney Directing the Texas Health and Human Services Commission to maximize federal funding for outreach activities related to children's health insurance. HCR 111 Noriega SPONSOR: Gallegos Naming the state building at 5425 Polk Avenue in Houston the Elias Ramirez Building. HCR 117 Keffer SPONSOR: Ellis, Rodney Supporting and encouraging the future development and expansion of career and technology academic programs throughout Texas high schools. HCR 124 Seaman SPONSOR: Truan Designating the Asian Cultures Museum & Educational Center the Official State Museum of Asian Cultures. HCR 141 Solis, Juan SPONSOR: Truan Memorializing congress to maintain their commitment to the veterans of America. HCR 181 Madden SPONSOR: Shapiro Designating Plano as the Hot Air Balloon Capital of Texas. HCR 267 Coleman SPONSOR: Ellis, Rodney Honoring the 25th season of the Houston Shakespeare Festival. HCR 277 Jones, Delwin SPONSOR: Duncan Relating to a legislative oversight committee with jurisdiction over the Lubbock County Hospital District's relationship to Texas Tech University Health Sciences Center. SCR 78 West, Royce Creating the Special Commission on Twenty-First Century Colleges and Universities. Respectfully, Betty King Secretary of the Senate ---------------- APPENDIX -------------- STANDING COMMITTEE REPORTS Favorable reports have been filed by committees as follows: May 25 Juvenile Justice & Family Issues - SCR 79 ENROLLED May 25 - HB 217, HB 323, HB 617, HB 707, HB 820, HB 954, HB 1187, HB 1494, HB 1752, HB 1777, HB 1916, HB 2025, HB 2307, HB 2382, HB 2424, HB 2534, HB 2557, HB 2617, HB 2961, HB 3033,



	HB 3092, HB 3300, HB 3456, HB 3516, HB 3624, HCR 285, HCR 287, HCR 292, HCR 295, HCR 296 SENT TO THE GOVERNOR May 25 - HB 617, 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 SIGNED BY THE GOVERNOR May 25 - HB 1269, HCR 35, HCR 135, HCR 254, HCR 259, HCR 275