FIFTIETH DAY - MONDAY, APRIL 9, 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 123). 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; 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; Smith; 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; Hilderbran. The invocation was offered by Reverend Olen Griffing, pastor, Shady Grove Church, Grand Prairie. LEAVES OF ABSENCE GRANTEDThe following member was granted leave of absence for today because of illness: Hilderbran on motion of McCall. The following member was granted leave of absence for today and the remainder of the week because of illness: Hilbert on motion of Haggerty. BILLS AND RESOLUTIONS SIGNED BY THE SPEAKERNotice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, House List No. 27). MESSAGE FROM THE SENATEA message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 1). | ||
BILLS AND RESOLUTIONS SIGNED BY THE SPEAKERNotice 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. 9). HR 661 - ADOPTED (by Zbranek) Representative Zbranek moved to suspend all necessary rules to take up and consider at this time HR 661. The motion prevailed without objection. The following resolution was laid before the house: HR 661, Recognizing April 9, 2001, as Liberty County Legislative Day at the State Capitol. HR 661 was read and was adopted without objection. HR 706 - ADOPTED (by Zbranek) Representative Zbranek moved to suspend all necessary rules to take up and consider at this time HR 706. The motion prevailed without objection. The following resolution was laid before the house: HR 706, Honoring Judge J. C. Zbranek of Liberty County. HR 706 was read and was adopted without objection. INTRODUCTION OF GUESTSThe speaker recognized Representative Zbranek, who introduced Judge J. C. Zbranek and a delegation from Liberty County. HR 538 - ADOPTED (by Hill) Representative Hill moved to suspend all necessary rules to take up and consider at this time HR 538. The motion prevailed without objection. The following resolution was laid before the house: HR 538, Honoring Natalie Roffino of Richardson for being honored as an outstanding volunteer by the Prudential Spirit of Community Awards program. HR 538 was adopted without objection. HR 723 - ADOPTED (by Capelo) Representative Capelo moved to suspend all necessary rules to take up and consider at this time HR 723. The motion prevailed without objection. | ||
The following resolution was laid before the house: HR 723, Honoring Tom Dobson and Whataburger on 50 years of outstanding service. HR 723 was read and was adopted without objection. INTRODUCTION OF GUESTSThe speaker recognized Representative Capelo, who introduced Grace Dobson, Tom Dobson, Lynne Dobson, Hugh Dobson, and Tim Taft. CAPITOL PHYSICIANThe speaker recognized Representative Keffer who presented Dr. Robert DeLuca of Eastland as the "Doctor for the Day." The house welcomed Dr. DeLuca and thanked him for his participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians. HR 655 - ADOPTED (by Naishtat) Representative Naishtat moved to suspend all necessary rules to take up and consider at this time HR 655. (Edwards in the chair) The motion prevailed without objection. The following resolution was laid before the house: HR 655, Honoring Cyril Durrenberger of Austin as he retires from the Texas Natural Resource Conservation Commission. (Speaker in the chair) HR 655 was read and was adopted without objection. LEAVE OF ABSENCE GRANTEDThe following member was granted leave of absence temporarily for today because of important business in the district: Noriega on motion of Farrar. HR 110 - ADOPTED (by McClendon) Representative McClendon moved to suspend all necessary rules to take up and consider at this time HR 110. The motion prevailed without objection. The following resolution was laid before the house: HR 110, Honoring Dorothy H. McClinton of San Antonio on her selection by the Huston-Tillotson College National Alumni Association to receive the Outstanding Alumnus award. HR 110 was read and was adopted without objection. | ||
INTRODUCTION OF GUESTSThe speaker recognized Representative McClendon, who introduced Dorothy H. McClinton and her husband. HR 643 - ADOPTED (by Hochberg) Representative Hochberg moved to suspend all necessary rules to take up and consider at this time HR 643. The motion prevailed without objection. The following resolution was laid before the house: HR 643, Congratulating Shirley Igo of Plainview, incoming president of the National PTA. HR 643 was read and was adopted without objection. INTRODUCTION OF GUESTThe speaker recognized Representative Hochberg, who introduced Shirley Igo, incoming president of the National PTA. HR 710 - ADOPTED (by Callegari, et al.) Representative Callegari moved to suspend all necessary rules to take up and consider at this time HR 710. The motion prevailed without objection. The following resolution was laid before the house: HR 710, Congratulating the Katy Taylor High School swimming and diving team on its state championship. HR 710 was read and was adopted without objection. INTRODUCTION OF GUESTSThe speaker recognized Representative Callegari, who introduced members of the Katy Taylor High School swimming and diving team and their coach. HR 323 - ADOPTED (by Howard) Representative Howard moved to suspend all necessary rules to take up and consider at this time HR 323. The motion prevailed without objection. The following resolution was laid before the house: HR 323, Honoring Detective Elmo C. Cepeda on his retirement from the Missouri City Police Department. HR 323 was adopted without objection. | ||
HR 324 - ADOPTED (by Howard) Representative Howard moved to suspend all necessary rules to take up and consider at this time HR 324. The motion prevailed without objection. The following resolution was laid before the house: HR 324, Honoring Assistant Chief of Police Robert Neil "Bob" Rack of Missouri City on his retirement. HR 324 was adopted without objection. HR 338 - ADOPTED (by Howard) Representative Howard moved to suspend all necessary rules to take up and consider at this time HR 338. The motion prevailed without objection. The following resolution was laid before the house: HR 338, Congratulating Corporal Afton Lamar Lawson, Jr., on his retirement from the Missouri City Police Department. HR 338 was adopted without objection. (Edwards in the chair) HR 696 - ADOPTED (by G. Lewis) Representative G. Lewis moved to suspend all necessary rules to take up and consider at this time HR 696. The motion prevailed without objection. The following resolution was laid before the house: HR 696, Honoring the Reverend and Mrs. Sterling Lands of Austin on the occasion of their 17th anniversary with Greater Calvary Baptist Church. (Speaker in the chair) HR 696 was adopted without objection. HCR 240 - ADOPTED (by Edwards) Representative Edwards moved to suspend all necessary rules to take up and consider at this time HCR 240. The motion prevailed without objection. The following resolution was laid before the house: HCR 240 WHEREAS, Section 17, Article III, Texas Constitution, provides that | ||
neither house of the legislature may adjourn for more than three days without the consent of the other house; now, therefore, be it RESOLVED by the 77th Legislature of the State of Texas, That each house grant the other permission to adjourn for more than three days during the period beginning on Wednesday, April 11, 2001 and ending on Tuesday, April 17, 2001. HCR 240 was adopted without objection. INTRODUCTION OF GUESTSThe speaker recognized Representative Hope, who introduced Claire and Paul Burney, Judi and George Foster, and Marcia and Pat George of Montgomery County. REGULAR ORDER OF BUSINESS SUSPENDEDOn motion of Representative Edwards and by unanimous consent, the reading and referral of bills was postponed until just prior to adjournment. GENERAL STATE CALENDAR HOUSE BILLS SECOND READING The following bills were laid before the house and read second time: CSHB 631 ON SECOND READING (by S. Turner) CSHB 631, A bill to be entitled An Act relating to fines for illegal dumping. CSHB 631 was passed to engrossment. CSHB 978 ON SECOND READING (by Eiland) CSHB 978, A bill to be entitled An Act relating to the appeal of certain orders, judgments, and decrees. Amendment No. 1 Representative Eiland offered the following amendment to CSHB 978: Amend CSHB 978 (Committee printing) as follows: (1) On page 1, line 13, strike "(6),". (2) On page 2, line 3, strike "(6),". Amendment No. 1 was adopted without objection. CSHB 978, as amended, was passed to engrossment. CSHB 1196 ON SECOND READING (by Brimer) CSHB 1196, A bill to be entitled An Act relating to incentives under the Texas Racing Act for the Thoroughbred or Arabian horse breeding industry in this state. CSHB 1196 was passed to engrossment. | ||
CSHB 1884 ON SECOND READING (by Thompson, et al.) CSHB 1884, A bill to be entitled An Act relating to filing fees for certain types of actions. CSHB 1884 was passed to engrossment. HB 1266 ON SECOND READING (by Dukes) HB 1266, A bill to be entitled An Act relating to the identification and location of absent parents and relatives for children removed from their parents' care. Amendment No. 1 (Committee Amendment No. 1) On behalf of Representative Goodman, Representative Dukes offered the following committee amendment to HB 1266: 1) On page 2, lines 8-9, between "each" and "parent", insert "custodial". 2) On page 2, line 26, between "each" and "parent", insert "custodial". 3) On page 4, line 20, strike "a" and substitute "an appropriate". Amendment No. 1 was adopted without objection. HB 1266, as amended, was passed to engrossment. HB 2509 ON SECOND READING (by Danburg) HB 2509, A bill to be entitled An Act relating to certain election processes and procedures. Amendment No. 1 Representative Danburg offered the following amendment to HB 2509: Amend HB 2509 (Committee report) as follows: On page 5, strike lines 10 through 22, and insert the following: SECTION 8. Section 16.003, Election Code, is amended as follows: (a) [ [ (b) The Department of Public Safety shall file each abstract with the secretary of state not later than the 10th day of the month following the month in which the abstract is prepared. The secretary of state shall file each abstract received under this subsection with the voter registrar of the person's county | ||
of residence not later than the 10th day of the month following the month in which the abstract is received under this subsection. Amendment No. 1 was adopted without objection. Amendment No. 2 Representatives Madden and J. Jones offered the following amendment to HB 2509: Amend HB 2509 by adding the following appropriately numbered sections to the bill and renumbering subsequent sections of the bill to read appropriately: SECTION __. Section 13.004, Election Code, is amended to read as follows: Sec. 13.004. RECORDING AND DISCLOSURE OF TELEPHONE NUMBER OR SOCIAL SECURITY NUMBER BY REGISTRAR. (a) The registrar may not transcribe, copy, or otherwise record a telephone number furnished on a registration application. (b) The registrar may transcribe, copy, or otherwise record a social security number furnished on a registration application only in maintaining the accuracy of the registration records. (c) A social security number or telephone number furnished on a registration application is confidential and does not constitute public information for purposes of Chapter 552, Government Code. The registrar shall ensure that the social security and telephone numbers are excluded from disclosure. SECTION __. Section 13.122(a), Election Code, is amended to read as follows: (a) In addition to the other statements and spaces for entering information that appear on an officially prescribed registration application form, each official form must include: (1) the statement: "I understand that giving false information to procure a voter registration is perjury and a crime under state and federal law."; (2) a space for the applicant's registration number; (3) a space for the applicant's Texas driver's license number or number of a personal identification card issued by the Department of Public Safety; (4) a space for the applicant's telephone number; (5) a space for the applicant's social security number; (6) a space for the applicant's sex; (7) a statement indicating that the
omission [ (8) a space or box for indicating whether the applicant or voter is submitting new registration information or a change in current registration information; (9) a statement instructing a voter who is using the form to make a change in current registration information to enter the voter's name and the changed information in the appropriate spaces on the form; (10) a statement that if the applicant declines to register to vote, that fact will remain confidential and will be used only for voter registration | ||
purposes; (11) a statement that if the applicant does register to vote, information regarding the agency or office to which the application is submitted will remain confidential and will be used only for voter registration purposes; and (12) any other voter registration information required by federal law or considered appropriate and required by the secretary of state. SECTION __. The heading to Subchapter C, Chapter 15, Election Code, is amended to read as follows: SUBCHAPTER C. CONFIRMATION OF
REGISTRATION SECTION __. Section 15.051(a), Election Code, is amended to read as follows: (a) If the registrar: (1) has reason to believe that a voter's current residence is different from that indicated on the registration records, the registrar shall deliver to the voter a written confirmation notice requesting confirmation of the voter's current residence; or (2) receives information relating to the voter's death from a source other than a source described by Section 16.001 or 16.031(b), the registrar shall deliver to the voter's address a written confirmation notice requesting confirmation of the voter's death. SECTION __. Section 15.052, Election Code, is amended to read as follows: Sec. 15.052. OFFICIAL CONFIRMATION NOTICE AND CONFIRMATION NOTICE RESPONSE FORMS. (a) The officially prescribed form for a confirmation notice requesting confirmation of a voter's current residence must include: (1) a statement that, if the voter fails to submit to the registrar a written, signed response confirming the voter's current residence on or before the 30th day after the date the confirmation notice is mailed: (A) the voter is subject to submission of a statement of residence before the voter may be accepted for voting in an election held after that deadline; or (B) for a notice delivered under Section 14.023, the voter will remain subject to submission of a statement of residence before the voter may be accepted for voting in an election; and (2) a warning that the voter's registration is subject to cancellation if the voter fails to confirm the voter's current residence either by notifying the registrar in writing or voting on a statement of residence before November 30 following the second general election for state and county officers that occurs after the date the confirmation notice is mailed. (b) The officially prescribed form for a confirmation notice requesting confirmation of a voter's death must include: (1) a section that may be completed and signed by any person related within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code, confirming by a sworn statement that the information relating to the voter's death received by the registrar is correct; (2) a section that must be completed and signed by the voter notifying | ||
the registrar that information received by the registrar relating to the voter's death is incorrect; and (3) a statement that, if the completed and signed section of the form described by Subdivision (2) is not submitted to the registrar on or before the 60th day after the date the confirmation notice is mailed, the voter's registration is subject to cancellation in the same manner provided by Section 16.033. (c) The official confirmation notice response form must be postage prepaid and preaddressed for delivery to the registrar.
(d) [ SECTION __. Section 15.053(a), Election Code, is amended to read as follows: (a) Not later than the 30th day after the date a confirmation notice requesting confirmation of a voter's current residence is mailed, the voter shall submit to the registrar a written, signed response to the notice that confirms the voter's current residence. Not later than the 60th day after the date a confirmation notice requesting confirmation of a voter's death is mailed, a voter who is incorrectly referenced as deceased shall submit to the registrar a written, signed response to the notice notifying the registrar that the information received by the registrar relating to the voter's death is incorrect. SECTION __. Section 18.008(a), Election Code, is amended to read as follows: (a) The registrar shall furnish a copy of any list prepared under this subchapter to any person requesting it. The copy shall be furnished without the names of voters whose names appear on a list with the notation "S", or a similar notation, if requested in that form. The registrar shall furnish the list directly to the person requesting it. If the county has contracted with a computer service company or other private business entity for services related to the lists required under this subchapter, the registrar may not require the person requesting the list to contact the company or other entity to obtain a copy of the list. SECTION __. Section 20.035, Election Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows: (b) Except as provided by Subsection (c),
an [ (c) An application submitted after the 34th day and before the 29th day before the date of an election held on a uniform election date or the date of a general primary election or the date of a runoff primary election in which any qualified voter of the county is eligible to vote shall be delivered not later than 5 p.m. of the 29th day before election day. SECTION __. Section 20.063, Election Code, is amended by adding Subsection (e) to read as follows: (e) If an applicant for an original or renewal driver's license, personal identification card, or duplicate or corrected license or card completes a voter registration application form provided by the department and the department issues a temporary license or card, the department shall indicate on the temporary license or card that the applicant has completed a voter registration application form provided by the department. The secretary of state shall | ||
prescribe procedures to permit a person to use a temporary license or card issued under this subsection for purposes of voting in an election. SECTION __. Section 63.006, Election Code, is amended by adding Subsection (c) to read as follows: (c) A voter who, when offering to vote, presents a temporary license or card that indicates that the voter has completed a voter registration application as provided by Section 20.063 (e) shall be accepted for voting under this section if: (1) the application was made at least 30 days before the date of the election; (2) the address indicated on the temporary license or card indicates that the voter is a resident of the precinct in which the voter is offering to vote or is otherwise entitled by law to vote in that precinct; (3) the voter completes a voter registration application at the polling place; and (3) the election judge reviews the voter registration application. SECTION __. Section 63.008, Election Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows: (a) Except as provided by Subsection (c),
a [ (1) the voter presents proof of identification in a form described by Section 63.0101; or (2) the affidavit is also signed by a person who is working at the polling place and who attests to the identity of the voter. (c) A voter who, when offering to vote , presents a temporary license or card that indicates that the voter has completed a voter registration application as provided by Section 20.063(e) and whose name is on the list of registered voters for the precinct in which the voter is offering the vote shall be accepted for voting under Section 63.001 if: (1) The application was made at least 30 days before the date of the election and (2) the address indicated in the temporary license or card indicates that the voter is a resident of the precinct in which the voter is offering to vote in that precinct. SECTION __. Section 521.101, Transportation Code, is amended by adding Subsection (j) to read as follows: (j) If an applicant for a personal identification certificate or a duplicate or corrected certificate completes a voter registration application form provided by the department under Subchapter C, Chapter 20, Election Code, and the department issues a temporary certificate, the department shall indicate on the temporary certificate that the applicant has completed a voter registration application form provided by the department. SECTION __. Section 521.124, Transportation Code, is amended by adding Subsection (c) to read as follows: (c) If an applicant for an original or renewal of a driver's license or a | ||
duplicate or corrected license completes a voter registration application form provided by the department and the department issues a temporary license, the department shall indicate on the temporary license that the applicant has completed a voter registration application form provided by the department. SECTION __. (a) The secretary of state shall study the feasibility of developing a standardized electronic format for entering voter information relating to residence address, including reviewing any United States Postal Service approved software for address standardization, for the purpose of identifying duplicate registrations by voters. (b) Not later than December 1, 2002, the secretary of state shall issue a report summarizing: (1) any recommendations by the secretary for address standardization; (2) any legislation proposed by the secretary for address standardization; and (3) any other findings or recommendations related to the issue of address standardization. (c) The secretary of state shall promptly deliver copies of the report to the governor, the lieutenant governor, and the speaker of the house of representatives. SECTION __. On or before January 1, 2002, the secretary of state shall prescribe: (1) a voter registration application form that conforms to the changes made by Section 13.122, Election Code, as amended by this Act; and (2) a form for a confirmation notice and a confirmation notice response that conforms to the changes made by Sections 15.052 and 15.053, Election Code, as amended by this Act. SECTION __. On or before January 1, 2002, the Department of Public Safety shall prescribe a temporary license form and a temporary personal identification certificate form that conforms to the changes made by Section 20.063(e), Election Code, as added by this Act, and Sections 521.101(j) and 521.124(c), Transportation Code, as added by this Act. SECTION __. (a) Except as provided by this section, this Act takes effect September 1, 2001. (b) The changes in law made by Section 13.122(a), Election Code, as amended or added by this Act, take effect January 1, 2002, and apply only to voter registration application forms produced on or after that date. Voter registration application forms produced before January 1, 2002, may continue to be used until the supply is exhausted, and the former law governing those forms is continued in effect for that purpose. (c) The changes in law made by Section 20.063(e), Election Code, as added by this Act, and Sections 521.101(j) and 521.124(c), Transportation Code, as added by this Act, take effect January 1, 2002. Amendment No. 2 was adopted without objection. Amendment No. 3 Representative Madden offered the following amendment to HB 2509: Amend HB 2509 by striking after the word "notice" on page 13, line 21, "in the same manner" and substituting in its place "at the same location". | ||
Amend HB 2509 by striking in its entirety Section 33, and substituting in its place this new Section 33 as follows: SECTION 33. Chapter 146, Election Code, is amended by adding 1-41 Subchapter D to read as follows: SUBCHAPTER D. WRITE-IN CANDIDATE IN SPECIAL ELECTION Sec. 146.081. CANDIDATE'S NAME REQUIRED TO APPEAR ON LIST. In a special election to fill a vacancy in the legislature, a write-in vote may not be counted unless the name written in appears on the list of write-in candidates. Sec. 146.082. DECLARATION OF WRITE-IN CANDIDACY REQUIRED. To be entitled to a place in the list of write-in candidates, a candidate must file a declaration of write-in candidacy with the secretary of state. Sec. 146.083. FILING DEADLINE. A declaration of write-in candidacy must be filed not later than 5 p.m. of the fifth day after the date an application for a place on the ballot is required to be filed. Sec. 146.084. APPLICABILITY OF OTHER CODE PROVISIONS. Subchapter B applies to write-in voting in a special election to fill a vacancy in the legislature except to the extent of a conflict with this subchapter. Renumber the subsequent pages, lines, etc., accordingly. Amendment No. 3 was adopted without objection. Amendment No. 4 Representative Maxey offered the following amendment to HB 2509: Amend HB 2509 by inserting the following appropriately numbered sections of the bill and renumbering subsequent sections of the bill accordingly: SECTION ___. Subchapter E, Chapter 172, Election Code, is amended by adding Section 172.127 to read as follows: Sec. 172.127. CONDUCT OF PRIMARY ELECTION IN COUNTY WITHOUT COUNTY CHAIR. (a) Notwithstanding and in addition to other applicable provisions of this code, this section applies to the conduct of a primary election in a county for a political party that: (1) is holding a primary election in the county; and (2) during the period beginning on the first day of the filing period for candidacy in the election and continuing through election day, has a vacancy in the office of county chair that is not filled under Section 171.024, 171.025, or 171.027 within 10 days after the date the vacancy is made known to the appropriate authority. (b) The county clerk shall supervise the overall conduct of the primary election for a political party covered by this section. The county clerk shall perform the duties and functions prescribed by this code for the county chair or county executive committee in conducting the primary election and in attending to related electoral matters. (c) The state chair of the affected political party shall perform the duties and functions prescribed by this code for the county chair or county executive committee in processing applications for a place on the ballot, certifying | ||
candidates' names, and attending to political party matters related to the conduct of the primary election. (d) The state chair shall certify the appropriate candidates' names to the county clerk for placement on the general primary election ballot in accordance with procedures prescribed by the secretary of state. (e) The regular polling places designated for the general election for state and county officers shall be used for each precinct in the primary election unless the precinct is one that is consolidated. In that case, the county clerk shall designate the location. At least one polling place shall be located in each commissioners precinct, except that in a county with a population of less than 100,000, the county may be served instead by one polling place located at the county seat. (f) The secretary of state by rule shall prescribe the procedures necessary to implement this section and to facilitate the orderly and proper conduct of a primary election covered by this section. SECTION ___. Subchapter A, Chapter 173, Election Code, is amended by adding Section 173.012 to read as follows: Sec. 173.012. PRIMARY FINANCING IN COUNTY WITHOUT COUNTY CHAIR. (a) Notwithstanding and in addition to other applicable provisions of this code, this section applies to the financing of a primary election covered by Section 172.127. (b) State funds may be spent to pay expenses incurred by a county in connection with the primary election. (c) The county clerk shall submit to the secretary of state a written statement of estimated expenses to be incurred in connection with the primary election. (d) The county clerk shall file with the secretary of state a sworn report containing an itemized list of the actual expenses incurred by the county clerk in connection with the general and runoff primaries. (e) The secretary of state shall prescribe the rules necessary to implement this section and to facilitate the orderly and proper financing of a primary election covered by this section. Amendment No. 4 was adopted without objection. Amendment No. 5 Representative Maxey offered the following amendment to HB 2509: Amend HB 2509 by adding the following appropriately numbered sections to the bill and renumbering subsequent sections of the bill appropriately: SECTION __. Section 174.021, Election Code, is amended to read as follows: Sec. 174.021. SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS; USE OF PARTY RULES. (a) The delegates to a political party's county and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter. (b) Notwithstanding Subsection (a), party rules may provide for the holding of a precinct convention in a manner other than that provided by this | ||
subchapter, including the date, hour, place, or other procedures necessary to hold the convention. SECTION __. Subchapter C, Chapter 181, Election Code, is amended by adding Section 181.0615 to read as follows: Sec. 181.0615. USE OF PARTY RULES FOR PRECINCT, COUNTY, OR DISTRICT CONVENTIONS. Notwithstanding any other provision of this subchapter, a political party by rule may provide for the holding of a precinct convention in a manner other than that provided by this subchapter, including the date, hour, place, or other procedures necessary to hold a convention. Amendment No. 5 was adopted without objection. HB 2509, as amended, was passed to engrossment. HB 3334 ON SECOND READING (by Telford) HB 3334, A bill to be entitled An Act relating to the composition of the Bowie County Juvenile Board. HB 3334 was passed to engrossment. CSHB 7 ON SECOND READING (by Chisum, Hawley, Walker, B. Turner, Cook, et al.) CSHB 7, A bill to be entitled An Act relating to creating the Office of Rural Community Affairs. Amendment No. 1 Representative Chisum offered the following amendment to CSHB 7: Amend CSHB 7 as follows: (1) On page 37, line 22, strike SECTION 11 of the bill and renumber the remaining sections of the bill as appropriate. (2) On page 40, lines 8 and 9, strike "under Section 2306.092, Government Code" and substitute "that provides information, advice, and training to officials of communities of less than 10,000 people". Amendment No. 1 was adopted without objection. Amendment No. 2 Representative B. Turner offered the following amendment to CSHB 7: Amend CSHB 7 as follows: (1) On page 8, line 27, strike "and". (2) On page 9, line 3, between "communities" and the period insert "; (8) ensure that the office qualifies as the state's office of rural health for the purpose of receiving grants from the Office of Rural Health Policy of the United States Department of Health and Human Services under 42 U.S.C. Section 254r; and (9) manage the state's Medicare rural hospital flexibility program under 42 U.S.C. Section 1395i-4". Amendment No. 2 was adopted without objection. Amendment No. 3 | ||
Representative Heflin offered the following amendment to CSHB 7: Amend CSHB 7 as follows: (1) On page 11, line 18, between "SERVICES." and "The", insert "(a)". (2) On page 11, between lines 20 and 21, insert the following: (b) The Legislative Budget Board and the Department of Information Resources shall: (1) evaluate and recommend the most efficient and appropriate ways to obtain the administrative services under Subsection (a); and (2) assist the office with contracting and any other matters relating to obtaining the administrative services in the most efficient manner. Amendment No. 3 was adopted without objection. Amendment No. 4 Representative Junell offered the following amendment to CSHB 7: Amend CSHB 7 on page 42, between lines 3 and 4, by inserting the following new SECTION, to be numbered appropriately, and renumbering subsequent SECTIONS accordingly: SECTION __. Not later than September 1, 2002, the Office of Rural Community Affairs shall evaluate the cost-effectiveness and other benefits of moving at least one-half of its operations to a location outside Travis County, Texas. If the evaluation indicates that the move would be beneficial and the Legislative Budget Office concurs, the office shall undertake the move. Amendment No. 4 was adopted without objection. Amendment No. 5 Representative B. Turner offered the following amendment to CSHB 7: Amend CSHB 7 on page 42, between lines 11 and 12, by inserting the following new SECTION, to be numbered appropriately, and renumbering subsequent SECTIONS accordingly: SECTION ____. Not later than December 1, 2002, the Office of Rural Community Affairs shall: (1) evaluate the rural health programs under its jurisdiction and propose changes, including statutory changes, to combine, streamline, or coordinate the programs to improve their flexibility and efficiency; and (2) report to the presiding officer of each house of the legislature any proposed statutory changes. Amendment No. 5 was adopted without objection. CSHB 7, as amended, was passed to engrossment. HB 1876 ON SECOND READING (by Gray) HB 1876, A bill to be entitled An Act relating to the authority of an attorney appointed by a court as a master in chancery for a delinquent ad valorem tax suit to practice law in that court. | ||
HB 1876 was passed to engrossment. HB 376 ON SECOND READING (by Goolsby) HB 376, A bill to be entitled An Act relating to the prosecution of the offense of fraudulent destruction, removal, or concealment of a universal product code. Representative Goolsby moved to postpone consideration of HB 376 until 10 a.m. Tuesday, April 17. The motion prevailed without objection. CSHB 47 ON SECOND READING (by McClendon) CSHB 47, A bill to be entitled An Act relating to the automatic admission of certain undergraduate transfer students. Amendment No. 1 Representative Delisi offered the following amendment to CSHB 47: Amend CSHB 47 on page 1, line 22, between "hours" and the semicolon, by inserting "including the courses required in the core curriculum established under Section 61.822". Amendment No. 1 was adopted without objection. A record vote was requested. CSHB 47, as amended, was passed to engrossment by (Record 124): 106 Yeas, 36 Nays, 1 Present, not voting. Yeas - Alexander; Allen; Averitt; Bailey; Bosse; Brown, F.; Burnam; Capelo; Carter; Chavez; Clark; Coleman; Cook; Counts; Danburg; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; Geren; Giddings; Goodman; Gray; Green; Gutierrez; Haggerty; Hamric; Hartnett; Hawley; Hill; Hinojosa; Hodge; Homer; Hopson; Howard; Hunter; Janek; Jones, D.; Jones, E.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Kitchen; Kolkhorst; Kuempel; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Martinez Fischer; Maxey; McCall; McClendon; McReynolds; Menendez; Merritt; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Olivo; Pickett; Pitts; Puente; Ramsay; Rangel; Raymond; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Solis; Telford; Thompson; Tillery; Turner, B.; Turner, S.; Uher; Uresti; Villarreal; West; Wilson; Wise; Wolens; Yarbrough; Zbranek. Nays - Berman; Bonnen; Brimer; Brown, B.; Callegari; Chisum; Christian; Corte; Crabb; Craddick; Crownover; Davis, J.; Denny; Elkins; George; Goolsby; Grusendorf; Hardcastle; Heflin; Hope; Hupp; Isett; Krusee; Marchant; Miller; Seaman; Shields; Smith; Smithee; Solomons; Swinford; Truitt; Walker; Williams; Wohlgemuth; Woolley. Present, not voting - Mr. Speaker(C). Absent, Excused - Hilbert; Hilderbran; Noriega. | ||
Absent - Glaze; Hochberg; Oliveira; Talton. STATEMENT OF VOTEI was shown voting yes on Record No. 124. I intended to vote no. Keffer CSHB 1162 ON SECOND READING (by Eiland and Seaman) CSHB 1162, A bill to be entitled An Act relating to the development of Texas Windstorm Insurance Association insurance rates. Amendment No. 1 Representative Smithee offered the following amendment to CSHB 1162: Amend
CSHB 1162 on page 5, lines 18-19, by striking
"notice, [ Amendment No. 1 was adopted without objection. CSHB 1162, as amended, was passed to engrossment. CSHB 1118 ON SECOND READING (by Goodman, Allen, A. Reyna, E. Jones, et al.) CSHB 1118, A bill to be entitled An Act relating to the adjudication and disposition of juvenile conduct and the administration of the juvenile justice system. CSHB 1118 was passed to engrossment. HB 1833 ON SECOND READING (by Giddings, Chisum, and G. Lewis) HB 1833, A bill to be entitled An Act relating to local enforcement of certain health and safety statutes and ordinances. Amendment No. 1 Representative Giddings offered the following amendment to HB 1833: Amend HB 1833 page 2 as follows: (1) On line 10, following the semicolon, strike "and". (2) Between lines 10 and 11, insert the following: (B) the municipality has exercised due diligence in the manner described by Section 54.035(e), Local Government Code, to identify the person; and (3) On line 11, strike "(B)" and substitute "(C)". Amendment No. 1 was adopted without objection. HB 1833, as amended, was passed to engrossment. (Noriega now present) HB 269 ON SECOND READING (by Berman) HB 269, A bill to be entitled An Act relating to the sale of alcohol in dry areas; providing criminal penalties. | ||
HB 269 was passed to engrossment. CSHB 164 ON SECOND READING (by Olivo and Christian) CSHB 164, A bill to be entitled An Act relating to the authority of counties to regulate outdoor lighting near major astronomical observatories. CSHB 164 was passed to engrossment. CSHB 706 ON SECOND READING (by Morrison and Coleman) CSHB 706, A bill to be entitled An Act relating to the emergency possession of and termination of the parent-child relationship of certain abandoned children. CSHB 706 was passed to engrossment. HB 1323 ON SECOND READING (by Shields) HB 1323, A bill to be entitled An Act relating to the expunction of arrest records and files when an indictment or information is dismissed or quashed. Amendment No. 1 Representative Garcia offered the following amendment to HB 1323: Amend HB 1323 as follows: (1) On page 2, between lines 12 and 13, insert the following: SECTION 1. Section 1, Article 55.02, Code of Criminal Procedure, is amended to read as follows:
Sec. 1. (a) A [
(b) On [ (c) The
law enforcement agency that arrested the defendant shall
provide to the court [ (1) the defendant's: (A) full name; (B) sex; (C) race; (D) date of birth; (E) driver's license number; (F) social security number; and (G) address at the time of the arrest; (2) the offense charged against the defendant; (3) the date the offense charged against the defendant was alleged to | ||
have been committed; (4) the date the defendant was arrested; (5) the name of the county in which the defendant was arrested and, if the arrest occurred in a municipality, the name of the municipality; (6) the case number and court of offense; and (7) a list of all law enforcement agencies, jails or other
detention facilities, magistrates, courts, prosecuting attorneys, correctional facilities,
central state depositories of criminal records, and other officials or agencies or
other entities of this state or of any political subdivision of this state and of all
central federal depositories of criminal records that the arresting agency has reason
to believe have records or files that are subject to
expunction [ (d) The law enforcement agency that arrested the defendant shall pay any costs associated with: (1) providing to the court the information described by Subsection (c); and (2) any other action necessary to obtain the expunction. (e) The defendant or counsel for the defendant is not required to assist the court clerk in preparing copies of the expunction order for delivery under Section 3(c) or to take any other action necessary to obtain the expunction. (2) On page 2, strike lines 13-15 and substitute the following: SECTION 2. The change in law made by Section 1 of this Act applies to arrest records and files created before, on, or after the effective date of this Act. SECTION 3. The change in law made by Section 2 of this Act applies to a person who on or after the effective date of this Act is acquitted of an offense, regardless of whether the alleged offense for which the person was acquitted occurred before, on, or after the effective date of this Act. SECTION 4. 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. HB 1323, as amended, was passed to engrossment. CSHB 1465 ON SECOND READING (by Kitchen, Naishtat, et al.) CSHB 1465, A bill to be entitled An Act relating to a pilot project for reduced tuition rates at certain public junior colleges. CSHB 1465 was passed to engrossment. HB 1811 ON SECOND READING (by Kolkhorst, Cook, Brimer, Hawley, et al.) HB 1811, A bill to be entitled An Act relating to the use of certain federal housing funds. HB 1811 was passed to engrossment. (Howard recorded voting no) HR 709 - ADOPTED (by Gutierrez) | ||
Representative Gutierrez moved to suspend all necessary rules to take up and consider at this time HR 709. The motion prevailed without objection. The following resolution was laid before the house: HR 709, Recognizing April 9, 2001, as Texas Bicycle Day at the State Capitol. HR 709 was read and was adopted without objection. HR 725 - ADOPTED (by Junell) Representative Junell moved to suspend all necessary rules to take up and consider at this time HR 725. The motion prevailed without objection. The following resolution was laid before the house: HR 725, Honoring Billy Hamilton on his 50th birthday. HR 725 was read and was adopted without objection. On motion of Speaker Laney, the names of all the members of the house were added to HR 725 as signers thereof. INTRODUCTION OF GUESTSThe speaker recognized Representative Junell, who introduced Dr. Billy Hamilton and his family. HR 707 - ADOPTED (by Dunnam) Representative Dunnam moved to suspend all necessary rules to take up and consider at this time HR 707. The motion prevailed without objection. The following resolution was laid before the house: HR 707, Granting Professor Janice C. May and her students use of the house chamber on Sunday, April 22, 2001. HR 707 was adopted without objection. RULES SUSPENDEDRepresentative Alexander moved to suspend the 5-day posting rule to allow the Committee on Transportation to consider HB 15 and HB 3480. 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 1539. The motion prevailed without objection. HR 727 - ADOPTED (by Dutton) | ||
Representative Dutton moved to suspend all necessary rules to take up and consider at this time HR 727. The motion prevailed without objection. The following resolution was laid before the house: HR 727, Honoring Henry A. Guidry, Sr., of Houston for his 31 years of service to the United States Air Force Reserve. HR 727 was adopted without objection. RULES SUSPENDEDRepresentative Carter moved to suspend the 5-day posting rule to allow the Committee on Urban Affairs to consider HB 239. The motion prevailed without objection. COMMITTEE MEETING ANNOUNCEMENTSThe following committee meetings were announced: Insurance, 1:45 p.m. instead of upon adjournment today, regular meeting room. Public Safety, 1:30 p.m. instead of upon adjournment today, regular meeting room. Agriculture and Livestock, upon adjournment today, E1.014, to consider HB 3673. Energy Resources, upon adjournment today, Desk 4. Criminal Jurisprudence, Subcommittee on Expunction, upon adjournment today, Desk 48, for a formal meeting, to consider HB 1415. House Administration, upon adjournment today, Desk 93, for a formal meeting, to consider HB 2877. County Affairs, upon adjournment today, Desk 56, for a formal meeting, to consider HB 370 and HB 2477. Business and Industry, upon adjournment today, Desk 3, for a formal meeting, to consider passage of HB 557. 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.) (T. King in the chair) ADJOURNMENTRepresentative Hawley moved that the house adjourn until 10 a.m. tomorrow. The motion prevailed without objection. | ||
The house accordingly, at 1:04 p.m., adjourned until 10 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 HB 3674 (By Counts), Relating to the creation, administration, powers, duties, operation, and financing of the Clear Fork Groundwater Conservation District; authorizing a tax. To Natural Resources. HB 3675 (By Bonnen), Relating to the creation, administration, powers, duties, operation, and financing of the Brazoria County Groundwater Conservation District. To Natural Resources. HB 3676 (By Chisum), Relating to the board of directors and the taxing authority of the Collingsworth County Underground Water Conservation District. To Natural Resources. HCR 238 (By D. Jones, et al.), In honor of the retirement of Texas Tech University head football coach Spike Dykes. To Rules & Resolutions. HR 656 (By Flores), Honoring Esther M. Jimenez for her many civic contributions. To Rules & Resolutions. HR 657 (By Flores), Honoring Dr. Ramiro R. Casso of McAllen on his having the Nursing and Allied Health Center of South Texas Community College named after him. To Rules & Resolutions. HR 711 (By Eiland), Recognizing March 31, 2001, as Jack A. Johnson Day in Texas. To Rules & Resolutions. HR 712 (By D. Jones), Honoring Dr. O. Wayne Isom of New York City for his medical contributions. To Rules & Resolutions. HR 713 (By Wise), Commending the Honorable Renato Cuellar for his public service. To Rules & Resolutions. HR 714 (By Counts), Congratulating Jarrod Gee of Sweetwater on receiving a first team honorable mention All-American award from Athletes of Good News. | ||
To Rules & Resolutions. HR 715 (By Hodge), Honoring Fred Conwright of Dallas for his efforts to promote peace, compassion, and fellowship. To Rules & Resolutions. HR 716 (By Farabee), Honoring Clara Cates Herrin of Iowa Park on her 101st birthday. To Rules & Resolutions. HR 717 (By Farabee), Congratulating Shawn Anthony Mansur of Wichita Falls on his attainment of the rank of Eagle Scout. To Rules & Resolutions. HR 718 (By Keel), Honoring Daniel Ben-Nun of Austin on being named a Distinguished Finalist of the Prudential Spirit of Community Award. To Rules & Resolutions. SB 26 to Public Education. SB 98 to Public Health. SB 192 to Transportation. SB 195 to Transportation. SB 242 to Criminal Jurisprudence. SB 277 to Civil Practices. SB 293 to Public Safety. SB 326 to Economic Development. SB 393 to Business & Industry. SB 424 to Public Health. SB 429 to Economic Development. SB 450 to Public Education. SB 531 to Public Health. SB 541 to Land & Resource Management. SB 544 to Insurance. SB 555 to Higher Education. SB 580 to Public Education. SB 600 to Criminal Jurisprudence. SB 601 to Insurance. SB 692 to Public Health. SB 736 to Appropriations. SB 743 to Higher Education. SB 766 to Public Health. | ||
SB 768 to Public Health. SB 770 to Insurance. SB 804 to Insurance. SB 812 to Public Health. SB 813 to Economic Development. SB 839 to State Affairs. SB 858 to Public Health. SB 906 to Environmental Regulation. SB 924 to Higher Education. SB 946 to Energy Resources. SB 947 to Energy Resources. SB 975 to Public Education. SB 1000 to Juvenile Justice & Family Issues. SB 1048 to Corrections. SB 1061 to Urban Affairs. SB 1073 to County Affairs. SB 1074 to Criminal Jurisprudence. SB 1078 to Transportation. SB 1093 to Judicial Affairs. SB 1094 to Judicial Affairs. SB 1127 to Licensing & Administrative Procedures. SB 1143 to Insurance. SB 1144 to Land & Resource Management. SB 1168 to Ways & Means. SB 1171 to County Affairs. SB 1199 to Judicial Affairs. SB 1205 to Economic Development. SB 1230 to State Affairs. SB 1287 to Urban Affairs. SB 1288 to Civil Practices. SB 1318 to Business & Industry. SB 1319 to Civil Practices. SB 1320 to Business & Industry. SB 1338 to Environmental Regulation. | ||
SB 1352 to Land & Resource Management. SB 1380 to Public Safety. SB 1396 to State Affairs. SB 1410 to State Recreational Resources. SB 1449 to Financial Institutions. SB 1456 to Public Health. SB 1468 to Human Services. SB 1561 to Environmental Regulation. SB 1563 to Transportation. SB 1672 to Land & Resource Management. SCR 7 to Transportation. SCR 8 to Transportation. SCR 12 to Corrections. SCR 17 to State, Federal & International Relations. SCR 33 to State, Federal & International Relations. SIGNED BY THE SPEAKER The following bills and resolutions were today signed in the presence of the house by the speaker: House List No. 27 HB 656, HB 1747, HCR 230, HCR 231, HJR 1 Senate List No. 9 SB 37, SB 676, SB 746 MESSAGES FROM THE SENATEThe following messages from the senate were today received by the house: Message No. 1 MESSAGE FROM THE SENATE SENATE CHAMBER Austin, Texas Monday, April 9, 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: HB 519 Gallego SPONSOR: Zaffirini Relating to the compensation to victims of family violence or sexual assault | ||
for relocation and housing rental expenses. SB 1125 Armbrister Relating to technical changes to taxes and fees administered by the comptroller of public accounts. SB 1159 Truan Relating to improving the provision of state veteran services. SB 1223 West, Royce Relating to court reporters and court reporting firms. SCR 46 Jackson Honoring the 2001 Friendswood High School academic decathlon team for winning the state competition. SCR 47 Jackson Honoring the retired Houston Ship Channel pilots and designating each of them as a Pilot Emeritus. THE SENATE HAS CONCURRED IN HOUSE AMENDMENTS TO THE FOLLOWING MEASURES: SB 676 (27 Ayes, 0 Nays) Respectfully, Betty King Secretary of the Senate ---------------- APPENDIX -------------- STANDING COMMITTEE REPORTS Favorable reports have been filed by committees as follows: April 5 Environmental Regulation - SB 356, SB 688 Higher Education - HB 1011, HB 1361, HB 1446, HB 1799, HB 1804, HB 1946, HB 2603, HB 2840, HB 3050, SB 31, SB 179 Insurance - HB 338, HB 1066, HB 1440, HB 1495, HB 1562, HB
1610, HB 1862, HB 1945, HB 2191, HB 2286, HB 2828, HB 2871, HB 3012, Juvenile Justice & Family Issues - HB 2077, HB 3403, SB 252, SCR 20 Natural Resources - HB 1842 Public Education - HB 1721 Public Health - HB 98, HB 101, HB 611, HB 663, HB 896, HB 1422, HB 2700, HB 2807 Public Safety - HB 1669, SB 148, SB 577 Urban Affairs - HB 166, HB 1951, HB 2289, HB 3451 | ||
Ways & Means - HB 1285 April 6 Corrections - HB 1075, HB 2800 Elections - HB 1639, HB 2435, HB 2780, HB 2922, HB 3181, HJR45 Energy Resources - HB 2277, HB 2718 Financial Institutions - HB 1268, HB 2306, HJR 67, SB 565, SB 991 Higher Education - HB 400, HB 3027, HB 3028, SB 627, SB 628 Human Services - HB 3365, SB 664 Land & Resource Management - HB 266, HB 1630, HB 1838,HB2221, HB 2238, HB 2320, HB 2920, HB 3034 Natural Resources - HB 2046, HB 2572, HB 2690, HB 2847, HB 3037, HB 3243 Pensions & Investments - HB 3471, HCR 186, HCR 210, SB 708 Public Education - HB 1143 Public Health - HB 2007, HB 2008, HB 2210, HB 2437, HB 2463, State Affairs - HB 249, HB 1380, HB 2589, SB 187 State, Federal & International Relations - HB 2040, HB 2908, HB 3589, HB 3591 ENGROSSED April 5 - HB 6, HB 84, HB 108, HB 467, HB 472, HB 489, HB
501, HB 551, HB 617, HB 666, HB 689, HB 772, HB 834, HB 842, HB 858, April 6 - HB 1022, HB 1365 ENROLLEDApril 5 - HB 1747 April 6 - HB 656 . | ||