FORTY-SEVENTH DAY - TUESDAY, APRIL 3, 2001

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

The roll of the house was called and a quorum was announced present (Record 96).

Present - Mr. Speaker; Alexander; Allen; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Callegari; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Geren; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Hopson; Howard; Hunter; Hupp; Isett; Janek; Jones, D.; Jones, E.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Kitchen; Kolkhorst; Krusee; Kuempel; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Martinez Fischer; Maxey; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Pickett; Pitts; Puente; Ramsay; Rangel; Raymond; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Smithee; Solis; Solomons; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Villarreal; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Absent, Excused - Hilbert; Smith.

The invocation was offered by Father Eduardo Morales, Sacred Heart Catholic Church, Comfort, as follows:

Almighty God, we stand before you today conscious of the many blessings you have given to our great state and its diverse people. From early times those who came to these lands have always acknowledged your gifts. The Native Americans saw you in creation. The Spanish missionaries constructed temples to your glory. Texans have continued for many generations to be people of faith grateful for your gifts.

Today we know that these blessings are given to us in trust so that we may help you continue the creation of our world according to your plan. We honor our history as we work for a new day when all live in peace and harmony, in equal dignity, and with every opportunity to fully participate in the life of our state.

Thank you for this day that you give to us. Help us to remember that every moment today is precious. Amen.

LEAVE OF ABSENCE GRANTED

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

Smith on motion of F. Brown.

HR 625 - ADOPTED

(by Geren)

Representative Geren moved to suspend all necessary rules to take up and consider at this time HR 625.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 625, Honoring the memory of Bobby Eubanks of Fort Worth.

HR 625 was unanimously adopted by a rising vote.

HR 461 - ADOPTED

(by Geren)

Representative Geren moved to suspend all necessary rules to take up and consider at this time HR 461.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 461, Congratulating the Castleberry High School Marching Band of River Oaks for its outstanding accomplishments.

HR 461 was adopted without objection.

HR 608 - ADOPTED

(by Gray)

Representative Gray moved to suspend all necessary rules to take up and consider at this time HR 608.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 608, Commemorating the first anniversary of the TexCare Partnership and the Children's Health Insurance Program of Texas on April 3, 2001.

HR 608 was adopted without objection.

On motion of Representative Hodge, the names of all the members of the house were added to HR 608 as signers thereof.

HR 557 - ADOPTED

(by Tillery)

Representative Tillery moved to suspend all necessary rules to take up and consider at this time HR 557.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 557, Recognizing April 3, 2001, as Texas Association of Public Employee Retirement Systems Day at the State Capitol.

HR 557 was read and was adopted without objection.

HR 686 - ADOPTED

(by Deshotel)

Representative Deshotel moved to suspend all necessary rules to take up and consider at this time HR 686.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 686, Welcoming students from Tekoa Academy in Port Arthur to the State Capitol.

HR 686 was read and was adopted without objection.

MESSAGE FROM THE SENATE

A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 1).

HR 597 - ADOPTED

(by Noriega, et al.)

Representative Noriega moved to suspend all necessary rules to take up and consider at this time HR 597.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 597, Honoring Empowering Teen Leaders and Community Teen Leaders for their many civic contributions.

HR 597 was read and was adopted without objection.

INTRODUCTION OF GUESTS

The speaker recognized Representative Noriega, who introduced members of Empowering Teen Leaders and Community Teen Leaders.

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. 7).

CAPITOL PHYSICIAN

The speaker recognized Representative T. King who presented Dr. Mary Nguyen-Poole of Castroville as the "Doctor for the Day."

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

INTERPRETER FOR THE DEAF

The interpretation of the proceedings of the house was provided today by Ella Anderson.

HR 680 - ADOPTED

(by Villarreal)

Representative Villarreal moved to suspend all necessary rules to take up and consider at this time HR 680.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 680, Congratulating the San Antonio Lanier High School boys' basketball team on its outstanding season.

HR 680 was read and was adopted without objection.

HR 682 - ADOPTED

(by Woolley)

Representative Woolley moved to suspend all necessary rules to take up and consider at this time HR 682.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 682, Welcoming the Charity Guild of Catholic Women of Houston to the State Capitol on April 3, 2001.

HR 682 was read and was adopted without objection.

PROVIDING FOR A LOCAL, CONSENT,
AND RESOLUTIONS CALENDAR

Representative Y. Davis moved to suspend all necessary rules to set a local, consent, and resolutions calendar for 10 a.m. Thursday, April 5.

The motion prevailed without objection.

PROVIDING FOR A CONGRATULATORY
AND MEMORIAL CALENDAR

Representative Edwards moved to suspend all necessary rules to set a congratulatory and memorial calendar for 10 a.m. Thursday, April 5.

The motion prevailed without objection.

REGULAR ORDER OF BUSINESS SUSPENDED

On motion of Representative Edwards and by unanimous consent, the reading and referral of bills was postponed until just prior to adjournment.

SB 1 - COMMITTEE ON CALENDARS RULE ADOPTED

Pursuant to House Rule 3, Section 4(2), and House Rule 6, Section 16(f), Representative Telford moved to adopt the following rule governing floor consideration of SB 1 (the General Appropriations Bill):

Section 1. All original amendments that will be offered during second reading consideration of the bill must be filed with the chief clerk by 5:00 p.m. on Sunday, April 8, 2001.

Section 2. (a) During second reading and third reading consideration of the bill:

(1) An amendment that adds or increases an item of appropriation in Articles I-X is not in order unless the amendment contains an equal or greater reduction in one or more other items of appropriation in one of those articles from the fund or funds against which the appropriation is to be certified.

(2) An amendment that adds or increases an item in Article XII is not in order unless the amendment contains an equal or greater reduction in one or more other items in that article from the fund or funds against which an appropriation for the increased or added item would be certified.

(b) The provisions of this section do not apply to an amendment that makes an adjustment in an item of appropriation solely to correct a technical clerical error.

The motion prevailed without objection.

HB 3667 - PERMISSION TO INTRODUCE

Representative Cook requested permission to introduce and have placed on first reading HB 3667.

A record vote was requested.

Permission to introduce was granted by (Record 97): 147 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Callegari; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Geren; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Hopson; Howard; Hunter; Hupp; Isett; Janek; Jones, D.; Jones, E.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Kitchen; Kolkhorst; Krusee; Kuempel; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Martinez Fischer; Maxey; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Pickett; Pitts; Puente; Ramsay; Rangel; Raymond; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Smithee; Solis; Solomons; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Villarreal; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

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

Absent, Excused - Hilbert; Smith.

HB 3668 - PERMISSION TO INTRODUCE

Representative Pitts requested permission to introduce and have placed on first reading HB 3668.

A record vote was requested.

Permission to introduce was granted by (Record 98): 146 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Callegari; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; George; Geren; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Hopson; Howard; Hunter; Hupp; Isett; Janek; Jones, D.; Jones, E.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Kitchen; Kolkhorst; Krusee; Kuempel; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Martinez Fischer; Maxey; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Pickett; Pitts; Puente; Ramsay; Rangel; Raymond; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Smithee; Solis; Solomons; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Villarreal; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

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

Absent, Excused - Hilbert; Smith.

Absent - Garcia.

HB 3669 - PERMISSION TO INTRODUCE

Representative Pitts requested permission to introduce and have placed on first reading HB 3669.

A record vote was requested.

Permission to introduce was granted by (Record 99): 144 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Callegari; Capelo; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Geren; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Hopson; Howard; Hunter; Hupp; Isett; Janek; Jones, D.; Jones, E.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Kitchen; Kolkhorst; Krusee; Kuempel; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Martinez Fischer; Maxey; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Pickett; Pitts; Puente; Ramsay; Rangel; Raymond; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Shields; Smithee; Solis; Solomons; Swinford; Talton; Telford;

Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Villarreal; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

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

Absent, Excused - Hilbert; Smith.

Absent - Burnam; Carter; Seaman.

HB 3670 - PERMISSION TO INTRODUCE

Representative D. Jones requested permission to introduce and have placed on first reading HB 3670.

A record vote was requested.

Permission to introduce was granted by (Record 100): 144 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Callegari; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Geren; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Hopson; Howard; Hunter; Hupp; Isett; Janek; Jones, D.; Jones, E.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Kitchen; Kolkhorst; Krusee; Kuempel; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Martinez Fischer; Maxey; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno, J.; Moreno, P.; Morrison; Mowery; Najera; Nixon; Noriega; Oliveira; Olivo; Pickett; Pitts; Puente; Ramsay; Rangel; Raymond; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Shields; Smithee; Solis; Solomons; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Villarreal; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

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

Absent, Excused - Hilbert; Smith.

Absent - Crownover; Naishtat; Seaman.

SB 3 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Hinojosa moved to adopt the conference committee report on SB 3.

A record vote was requested.

The motion prevailed by (Record 101): 147 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Callegari; Capelo; Carter; Chavez; Chisum;

Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Geren; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Hopson; Howard; Hunter; Hupp; Isett; Janek; Jones, D.; Jones, E.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Kitchen; Kolkhorst; Krusee; Kuempel; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Martinez Fischer; Maxey; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Pickett; Pitts; Puente; Ramsay; Rangel; Raymond; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Smithee; Solis; Solomons; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Villarreal; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

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

Absent, Excused - Hilbert; Smith.

POSTPONED BUSINESS

The following bill was laid before the house as postponed business:

CSHB 1772 ON SECOND READING

(by Brimer)

CSHB 1772, A bill to be entitled An Act relating to the approval and financing of sports and community venue projects; providing penalties.

CSHB 1772 was read second time on April 2 and was postponed until 10 a.m. today.

(Hunter in the chair)

Amendment No. 1

Representative Clark offered the following amendment to CSHB 1772:

Amend CSHB 1772 as follows:

(1) On page 2, lines 11 and 12, strike "; OFFENSE".

(2) On page 2, strike lines 21-27 and on page 3, strike lines 1 and 2 and substitute the following:

(b) A person may not print, broadcast, or publish, or cause to be printed, broadcast, or published, campaign material that contains false or misleading information.

(3) On page 3, strike lines 8-10 and substitute "false or misleading information.".

(4) On page 3, lines 24 and 25, strike "; OFFENSE".

(5) On page 4, strike lines 7-15 and substitute the following:

(b) A person may not print, broadcast, or publish, or cause to be printed, broadcast, or published, campaign material that contains false or misleading information.

(6) On page 4, strike lines 21-23 and substitute "false or misleading information.".

Amendment No. 1 was adopted without objection.

Amendment No. 2

Representative Allen offered the following amendment to CSHB 1772:

Amend CSHB 1772 as follows:

(1) On page 3, line 16, strike "This" and substitute "Except as provided by Section 334.2516, this [This ]".

(2) Insert a new appropriately numbered SECTION to read as follows and renumber subsequent SECTIONS accordingly:

SECTION ___. Subchapter H, Chapter 334, Local Government Code, is amended by adding Section 334.2516 to read as follows:

Sec. 334.2516. USE OF REVENUE BY CERTAIN MUNICIPALITIES FOR CERTAIN PURPOSES. (a) This section applies only to a municipality that:

(1) is located in three counties;

(2) has a population of less than 120,000; and

(3) acquires by purchase or lease with a term of not less than 20 years an interest in real property that by the terms of the acquisition is required to be maintained as park property.

(b) A municipality may use revenue under this subchapter to acquire, construct, improve, and equip a venue project that is a convention center facility or related infrastructure to be constructed on real property described by Subsection (a)(3). In addition, the municipality may pledge the revenue to the payment of bonds or other obligations the municipality issues to finance the convention center facility infrastructure.

Amendment No. 2 was adopted without objection.

Amendment No. 3

Representative Wilson offered the following amendment to CSHB 1772:

Amend CSHB 1772 by inserting the following SECTION immediately following current SECTION 2 and renumbering subsequent SECTIONS appropriately:

SECTION 1. Subchapter C, Chapter 334, Local Government Code, is amended by adding Section 334.045 to read as follows:

Sec. 334.045. NAMING OF PUBLIC FACILITY. (a) In this section, "business entity" means a sole proprietorship, partnership, corporation, association, or other similar entity that engages in business for profit.

(b) This section applies only to a municipality with a population of 2.5 million or more or a county with a municipality containing a population of 2.5 million or more.

(c) To sell the naming rights for a specific venue to a business entity, the county or municipality must order a referendum on the issue of granting the county or municipality the authority to sell the naming rights for that venue to any business entity. The county or municipality may sell the naming rights only if a majority of the voters voting at the referendum approve the grant of authority.

Amend CSHB 1772 on page 6, after line 1, by adding the following:

(f) Section 334.045, Local Government Code, as added by this Act does not apply to an agreement entered into before the effective date of this Act by a county or municipality to sell the naming rights for a venue to a business entity.

Amendment No. 3 was adopted without objection. (Danburg recorded voting no)

CSHB 1772, as amended, was passed to engrossment. (Heflin recorded voting no)

GENERAL STATE CALENDAR

HOUSE BILLS

THIRD READING

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

HB 906 ON THIRD READING

(by Bosse, Hawley, Ritter, Gray, Eiland, et al.)

HB 906, A bill to be entitled An Act relating to the continuation and functions of the Coastal Coordination Council.

HB 906 was passed.

(Speaker in the chair)

HB 1430 ON THIRD READING

(by Danburg)

HB 1430, A bill to be entitled An Act relating to providing for the automatic expiration of the rules of an abolished state agency and for the repeal of invalid rules.

HB 1430 was passed.

HB 946 ON THIRD READING

(by Telford, Longoria, Howard, P. King, Hopson, et al.)

HB 946, A bill to be entitled An Act relating to character education programs in public schools.

A record vote was requested.

HB 946 was passed by (Record 102): 147 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Callegari; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Geren; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Hopson; Howard; Hunter; Hupp; Isett; Janek; Jones, D.;

Jones, E.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Kitchen; Kolkhorst; Krusee; Kuempel; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Martinez Fischer; Maxey; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Pickett; Pitts; Puente; Ramsay; Rangel; Raymond; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Smithee; Solis; Solomons; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Villarreal; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

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

Absent, Excused - Hilbert; Smith.

HB 533 ON THIRD READING

(by Thompson and Maxey)

HB 533, A bill to be entitled An Act relating to the wages paid to certain employees.

HB 533 was passed. (Craddick, Heflin, and Shields recorded voting no)

HB 533 - STATEMENT OF

LEGISLATIVE INTENT

The purpose of HB 533 is to provide an easy mechanism to index the Texas State Minimum Wage rate to the federal minimum wage rate. It is not the intent of the Legislature to subject any employer currently exempt from the Texas minimum wage law to the Fair Labor Standards Act.

Corte

Thompson

HB 1245 ON THIRD READING

(by Goodman)

HB 1245, A bill to be entitled An Act relating to the relationship between separate and community property during a marriage.

HB 1245 was passed.

HB 1059 ON THIRD READING

(by Pitts and Hunter)

HB 1059, A bill to be entitled An Act relating to state symbols and place designations adopted by the legislature.

HB 1059 was passed.

HB 1515 ON THIRD READING

(by Janek)

HB 1515, A bill to be entitled An Act relating to the recovery of damages by a parent, managing conservator, or guardian in a suit brought by a person who was younger than 18 at the time the cause of action accrued.

A record vote was requested.

HB 1515 was passed by (Record 103): 146 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Callegari; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Geren; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Hopson; Howard; Hunter; Hupp; Isett; Janek; Jones, D.; Jones, E.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Kitchen; Kolkhorst; Krusee; Kuempel; Lewis, G.; Lewis, R.; Luna; Madden; Marchant; Martinez Fischer; Maxey; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Pickett; Pitts; Puente; Ramsay; Rangel; Raymond; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Smithee; Solis; Solomons; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Villarreal; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

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

Absent, Excused - Hilbert; Smith.

Absent - Longoria.

GENERAL STATE CALENDAR

SENATE BILLS

THIRD READING

The following bill was laid before the house and read third time:

SB 676 ON THIRD READING

(Oliveira - House Sponsor)

SB 676, A bill to be entitled An Act relating to assessment of academic skills of certain students of limited English proficiency.

A record vote was requested.

SB 676 was passed by (Record 104): 147 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Callegari; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Crownover; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Geren; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Hopson; Howard; Hunter; Hupp; Isett; Janek; Jones, D.; Jones, E.; Jones, J.; Junell; Keel;

Keffer; King, P.; King, T.; Kitchen; Kolkhorst; Krusee; Kuempel; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Martinez Fischer; Maxey; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Pickett; Pitts; Puente; Ramsay; Rangel; Raymond; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Smithee; Solis; Solomons; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Villarreal; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

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

Absent, Excused - Hilbert; Smith.

GENERAL STATE CALENDAR

HOUSE BILLS

SECOND READING

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

HB 1641 ON SECOND READING

(by Rangel)

HB 1641, A bill to be entitled An Act relating to providing certain students with an equal opportunity to enroll in or receive a competitive scholarship for a graduate or professional degree program.

Amendment No. 1

Representative Rangel offered the following amendment to HB 1641:

Amend HB 1641 by adding the following appropriately numbered SECTION at the end of the bill:

SECTION __. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2001.

Amendment No. 1 was adopted without objection.

Amendment No. 2

Representative Wohlgemuth offered the following amendment to HB 1641:

Amend HB 1641 on page 1, line 24, by striking "must" and substitute "may".

Amendment No. 2 was adopted without objection.

Amendment No. 3

Representative Chisum offered the following amendment to HB 1641:

Amend HB 1641 to read as follows:

(1) On page 2, line 12, strike "bilingual" and substitute "multilingual".

(2) On page 2, line 17, between "(6)" and "the", insert "to achieve geographic diversity,".

Amendment No. 3 was adopted without objection.

HB 1641, as amended, was passed to engrossment. (Corte, Denny, Heflin, Howard, Hupp, Marchant, Shields, Solomons, Talton, Williams, and Woolley recorded voting no)

CSHB 1351 ON SECOND READING

(by Brimer)

CSHB 1351, A bill to be entitled An Act relating to the funding and operation of the universal service fund.

CSHB 1351 was passed to engrossment.

CSHB 1287 ON SECOND READING

(by Thompson, Naishtat, Hinojosa, Allen, et al.)

CSHB 1287, A bill to be entitled An Act relating to the establishment of drug court programs and to a study of drug court programs by the Criminal Justice Policy Council.

Amendment No. 1

Representative Wohlgemuth offered the following amendment to CSHB 1287:

Amend CSHB 1287 by striking the text beginning on page 4, line 21, and ending on page 5, line 7 (proposed Section 469.006, Health and Safety Code).

Representative Thompson moved to table Amendment No. 1.

The motion to table prevailed.

CSHB 1287 was passed to engrossment. (Craddick, Heflin, Howard, Marchant, Shields, and Talton recorded voting no)

CSHB 1619 ON SECOND READING

(by J. Jones)

CSHB 1619, A bill to be entitled An Act relating to authorizing county purchasing agents to establish a county purchasing card program.

CSHB 1619 was passed to engrossment.

HB 1241 ON SECOND READING

(by Counts)

HB 1241, A bill to be entitled An Act relating to the purchase of diesel fuel by certain persons using a signed statement.

Amendment No. 1

Representative Counts offered the following amendment to HB 1241:

Amend HB 1241 as follows:

(1) On page 2, line 5, strike "or undyed" and substitute "[or undyed ]".

(2) On page 2, line 6, strike "or".

(3) On page 2, line 10, strike the period and substitute "; or".

(4) On page 2, between lines 10 and 11, insert the following:

(C) 25,000 gallons of dyed or undyed diesel fuel from all sources if purchased for agricultural purposes by a person who furnishes to the

permitted supplier, in conjunction with the signed statement, an agricultural exemption number issued by the comptroller.

(5) On page 2, line 18, strike "or undyed" and substitute "[or undyed ]".

(6) On page 2, line 19, strike "or".

(7) On page 2, line 23, strike the period and substitute "; or".

(8) On page 2, between lines 23 and 24, insert the following:

(C) 25,000 gallons of dyed or undyed diesel fuel to the purchaser if the purchaser furnishes to the permitted supplier, in conjunction with the signed statement, an agricultural exemption number issued by the comptroller.

(9) On page 3, line 1, strike "production" and substitute "production, or of dyed or undyed diesel fuel for the purchaser's own use for agricultural purposes only,".

Amendment No. 1 was adopted without objection.

HB 1241, as amended, was passed to engrossment.

HB 606 ON SECOND READING

(by Smithee and Uresti)

HB 606, A bill to be entitled An Act relating to prohibiting certain health benefit plans from requiring the use of hospitalists by participating physicians.

Amendment No. 1 (Committee Amendment No. 1)

Representative G. Lewis offered the following committee amendment to HB 606:

Amend HB 606 on page 2, between lines 4 and 5, by inserting Subsection (c) to read as follows:

(c) This section does not apply to a nonprofit health corporation that holds a certificate of authority under Article 21.52F, Insurance Code.

Amendment No. 2

Representative G. Lewis offered the following amendment to Amendment No. 1:

Amend Committee Amendment No. 1 to HB 606 (page 3, lines 4-6, committee report), by striking the language of added Subsection (c) and substituting the following:

(c) This section does not apply to a nonprofit health organization certified under Sections 162.001(a) and (b), Occupations Code.

Amendment No. 2 was adopted without objection.

Amendment No. 1, as amended, was adopted without objection.

HB 606, as amended, was passed to engrossment.

CSHB 642 ON SECOND READING

(by Flores and Y. Davis)

CSHB 642, A bill to be entitled An Act relating to documentation of motor vehicle ownership.

CSHB 642 was passed to engrossment.

SB 746 ON SECOND READING

(Hawley, Hardcastle, Swinford, and B. Turner - House Sponsor)

SB 746, A bill to be entitled An Act relating to an economic development program administered by the Texas Department of Agriculture.

SB 746 was considered in lieu of HB 681.

SB 746 was passed to third reading..

HB 681 - LAID ON THE TABLE SUBJECT TO CALL

Representative Hawley moved to lay HB 681 on the table subject to call.

The motion prevailed without objection.

HR 662 - ADOPTED

(by Nixon)

Representative Nixon moved to suspend all necessary rules to take up and consider at this time HR 662.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 662, Commending members of the Houston chapter of the American Leadership Forum.

HR 662 was adopted without objection.

HR 687 - ADOPTED

(by Dukes)

Representative Dukes moved to suspend all necessary rules to take up and consider at this time HR 687.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 687, Congratulating Kandace Kreuger, Miss Texas and Miss USA.

HR 687 was read and was adopted without objection.

On motion of Representative Goolsby, the names of all the members of the house were added to HR 687 as signers thereof.

INTRODUCTION OF GUEST

The speaker recognized Representative Dukes, who introduced Kandace Kreuger, Miss Texas and Miss USA, who briefly addressed the house.

COMMITTEE MEETING ANNOUNCEMENT

The following committee meeting was announced:

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

(Dutton in the chair)

RULES SUSPENDED

Representative Oliveira moved to suspend the 5-day posting rule to allow the Committee on Ways and Means to consider HB 3650.

The motion prevailed without objection.

Representative Hinojosa moved to suspend the 5-day posting rule to allow the Committee on Criminal Jurisprudence to consider HB 126.

The motion prevailed without objection.

Representative Counts moved to suspend the 5-day posting rule to allow the Committee on Natural Resources to consider HB 3527, HB 3528, and HB 3659.

The motion prevailed without objection.

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.)

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. 8).

ADJOURNMENT

Representative Chisum moved that the house adjourn until 10 a.m. tomorrow in honor of Lt. Junior Grade Ricky Payne of Pampa who is being held on the Chinese Hainan Island.

The motion prevailed without objection.

The house accordingly, at 12:26 p.m., adjourned until 10 a.m. tomorrow.

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ADDENDUM

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REFERRED TO COMMITTEES

The following bills and joint resolutions were today laid before the house, read first time, and referred to committees, and the following resolutions were today laid before the house and referred to committees. If indicated, the chair today corrected the referral of the following measures:

List No. 1

HB 3660 (By Smithee), Relating to the appointment of a public defender by the Commissioners Court of Randall County.

To County Affairs.

HB 3661 (By Craddick), Relating to the powers, duties, and board of managers of the Reagan Hospital District of Reagan County, Texas.

To County Affairs.

HB 3662 (By Thompson), Relating to the administration of the justice courts of Harris County.

To Judicial Affairs.

HB 3663 (By Thompson), Relating to the jurisdiction of a county criminal court at law in Harris County and to the court giving preference to criminal law matters.

To Judicial Affairs.

HB 3664 (By Thompson), Relating to the authority of criminal law hearing officers in certain counties to enforce certain judgments and orders.

To Judicial Affairs.

HB 3665 (By Miller), Relating to the creation, administration, powers, duties, operation, and financing of the Cross Timbers Groundwater Conservation District.

To Natural Resources.

HB 3666 (By Miller), Relating to the jurisdiction of the County Court at Law of Erath County.

To Judicial Affairs.

HR 658 (By Talton), Commemorating the 53rd anniversary of the naming of the battleship Texas as the flagship of the Texas Navy.

To Rules & Resolutions.

HR 659 (By Hinojosa), Honoring Samuel Bernabe of the Rio Grande Valley as the 2001 Migrant Student of the Year.

To Rules & Resolutions.

HR 660 (By Y. Davis), Honoring the Reverend Clyde Clark III for his exemplary service to Mount Carmel Missionary Baptist Church in Dallas.

To Rules & Resolutions.

HR 661 (By Zbranek), Recognizing April 9, 2001, as Liberty County Legislative Day at the State Capitol.

To Rules & Resolutions.

HR 663 (By Craddick), Congratulating Bill and Leila Seal of Midland on their 50th wedding anniversary.

To Rules & Resolutions.

HR 664 (By Craddick), Congratulating Bob and Sarah Willey of Midland on their 50th wedding anniversary.

To Rules & Resolutions.

HR 665 (By Craddick), Congratulating Marlyn and Marjorie Rooker of Midland on their 50th wedding anniversary.

To Rules & Resolutions.

HR 666 (By Craddick), Congratulating Cecil J. and Martha V. Medlin of Midland on their 60th wedding anniversary.

To Rules & Resolutions.

HR 667 (By Craddick), Honoring Joe and Janet Overton of Midland on the occasion of their 50th wedding anniversary.

To Rules & Resolutions.

HR 668 (By Craddick), Honoring Bill and Dorothy Cotner of Midland on the occasion of their 50th wedding anniversary.

To Rules & Resolutions.

HR 669 (By Craddick), Honoring Don and Wanda Moore of Midland on the occasion of their 50th wedding anniversary.

To Rules & Resolutions.

HR 670 (By Craddick), Honoring the 60th anniversary of Arlie and Mary Evelyn Bryant of Midland.

To Rules & Resolutions.

HR 671 (By Craddick), Honoring the 60th anniversary of Gene Edward and Letha Maurine Hancock of Midland.

To Rules & Resolutions.

HR 672 (By Craddick), Honoring J. D. and Donna Philpott of Midland on their 50th wedding anniversary.

To Rules & Resolutions.

HR 673 (By Craddick), Honoring the 50th anniversary of Shelby and Evelyn O'Neal of Midland.

To Rules & Resolutions.

HR 674 (By Craddick), Honoring the 50th anniversary of Claude and Billie Roberts of Midland.

To Rules & Resolutions.

HR 675 (By Craddick), Congratulating Ezequiel and Inez Laing of Midland on their 50th wedding anniversary.

To Rules & Resolutions.

HR 676 (By Craddick), Congratulating Billy and Rosalee Smith of Midland on their 50th wedding anniversary.

To Rules & Resolutions.

HR 677 (By Craddick), Honoring the 50th wedding anniversary of Ken and Mae Dawson of Midland.

To Rules & Resolutions.

HR 678 (By Craddick), Honoring Carriel and Jannette Nipp of Midland on their 50th wedding anniversary.

To Rules & Resolutions.

HR 679 (By Flores), Congratulating The Legends for receiving the 2001 Grammy Award for Best Tejano Album for Que Es Musica Tejana?

To Rules & Resolutions.

HR 681 (By Delisi), In memory of Helen Estelle Seybold Gillespie of Temple.

To Rules & Resolutions.

HR 683 (By Geren), Recognizing April 4, 2001, as River Oaks, Sansom Park, and Westworth Village Day at the State Capitol.

To Rules & Resolutions.

HR 684 (By West), In memory of broadcast pioneer Jay H. Mehaffey of Odessa.

To Rules & Resolutions.

HR 685 (By Deshotel), Honoring Officer David Henry for his service to the Beaumont Police Department.

To Rules & Resolutions.

SB 159 to Human Services.

SB 241 to Transportation.

SB 302 to Pensions & Investments.

SB 314 to Financial Institutions.

SB 939 to State, Federal & International Relations.

SB 940 to Higher Education.

SB 1596 to Higher Education.

SJR 10 to Transportation.

SIGNED BY THE SPEAKER

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

Senate List No. 7

SB 47, SB 670, SB 701, SB 723, SCR 44

Senate List No. 8

SB 3

MESSAGES FROM THE SENATE

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

Message No. 1

MESSAGE FROM THE SENATE

SENATE CHAMBER

Austin, Texas

Tuesday, April 3, 2001

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:

HCR 182 Dunnam SPONSOR: Sibley

In memory of J. B. Vandiver, Sr., of Moody.

HCR 188 Miller SPONSOR: Sibley

In memory of John Pollan of Stephenville.

SB 184 Zaffirini

Relating to eligibility requirements for certain persons under the food stamp program.

SB 218 Shapiro

Relating to a financial accountability rating system for school districts.

SB 266 Ogden

Relating to an optional flexible year program for public school students who fail to perform satisfactorily on an assessment instrument or who would not otherwise be promoted.

SB 272 Carona

Relating to interest charges and other costs of certain loans.

SB 353 Ellis, Rodney

Relating to certain programs to develop the technology workforce in Texas by supporting and promoting higher education in engineering and computer science.

SB 365 Armbrister

Relating to the adoption of a uniform residential building code for use in the state.

SB 385 Bivins

Relating to the curriculum requirements for graduation from public high school.

SB 485 West, Royce

Relating to requiring a state agency to consider legislative intent during the process of adopting an agency rule.

SB 507 Carona

Relating to residential subdivisions that require membership in a property owners' association.

SB 545 Brown, J. E. "Buster"

Relating to the venue for a suit to recover damages to a road or highway caused by operating an overweight vehicle and transporting oversize or overweight commodities.

SB 595 Harris

Relating to information regarding certain complaints filed with the Texas State Board of Medical Examiners and related settlements.

SB 596 Duncan

Relating to prekindergarten programs for public school students.

SB 757 Jackson

Relating to creating the State of Texas Anniversary Remembrance Day Medal.

SB 769 Harris

Relating to the requirement that certain information be provided in a suit affecting the parent-child relationship.

SB 774 Harris

Relating to the composition of the third and eighth administrative judicial regions.

SB 814 Barrientos

Relating to the confidentiality of identifying information of juvenile sex offense victims; providing penalties.

SB 1015 West, Royce

Relating to the regulation of persons engaged in the sale of portable cylinders containing liquefied petroleum gas.

SB 1206 Jackson

Relating to risk assessment procedures used in the sex offender registration program and to duties and immunities for officers and employees who administer the program.

SB 1325 Armbrister

Relating to a license or permit for certain sex offenders to operate a motor vehicle or commercial motor vehicle.

SB 1671 Jackson

Relating to the issuance of bonds by school districts for the purchase of school buses.

SCR 28 Brown, J. E. "Buster"

Memorializing Congress to repeal the regulation relating to the three-shell limit and the magazine plug requirement contained in Title 50 C.F.R. 20.21.

THE SENATE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS:

SB 3 (30 Ayes, 1 Present Not Voting)

Respectfully,

Betty King

Secretary of the Senate

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APPENDIX

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STANDING COMMITTEE REPORTS

Favorable reports have been filed by committees as follows:

April 2

Agriculture & Livestock - SB 938

Appropriations - SB 1

Business & Industry - HB 2495

Civil Practices - HB 350, HB 785, HB 1823, HB 1920, HB 2087,
HB 2179, HB 2537, HB 2580, HB 3335, HB 3484

County Affairs - HB 1837, HB 1990, HB 2185, HB 2347, HB 3055,
HB 3069

Criminal Jurisprudence - HB 73, HB 624, HB 1126, HB 2097, HB 2458

Elections - HB 1114, HB 2921, HB 2923

Higher Education - HB 2349, HB 2397

Natural Resources - HB 3096, SB 835

Public Education - HB 1532

Public Safety - HB 195, HB 232, HB 547, HB 1479, HB 1762, HB 2113, HB 2230, HB 2391, HB 2618, HB 2987

Transportation - HB 996, HB 2418, SB 267, SB 406, SB 416, SB 637, SB 648

Urban Affairs - HB 1184, SB 417

Ways & Means - HB 1053, HB 1841

SIGNED BY THE GOVERNOR

April 2 - HCR 178, HCR 194, HCR 220