HOUSE JOURNAL

SEVENTY-NINTH LEGISLATURE, REGULAR SESSION

PROCEEDINGS

SEVENTY-SIXTH DAY (CONTINUED) — WEDNESDAY, MAY 25, 2005

The house met at 9 a.m. and was called to order by the speaker.

The roll of the house was called and a quorum was announced present (Recordi815).

Present — Mr. Speaker; Allen, A.; Allen, R.; Alonzo; Anchia; Anderson; Bailey; Baxter; Berman; Blake; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Campbell; Castro; Chavez; Chisum; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Escobar; Farabee; Farrar; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goodman; Goolsby; Griggs; Grusendorf; Guillen; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Herrero; Hilderbran; Hill; Hochberg; Homer; Hope; Hopson; Hughes; Hunter; Hupp; Isett; Jackson; Jones, D.; Jones, J.; Keel; Keffer, B.; Keffer, J.; King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Leibowitz; Luna; Madden; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno, P.; Morrison; Mowery; Naishtat; Nixon; Noriega, M.; Oliveira; Olivo; Orr; Otto; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Reyna; Riddle; Ritter; Rodriguez; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solis; Solomons; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Uresti; Van Arsdale; Veasey; Villarreal; Vo; West; Wong; Woolley; Zedler.

Absent, Excused — Hodge.

Absent — Casteel; Howard.

The invocation was offered by Representative Mowery.

The speaker recognized Representative Mowery who led the house in the pledges of allegiance to the United States and Texas flags.

(Casteel now present)

CAPITOL PHYSICIAN

The speaker recognized Representative Gattis who presented Dr. Daniel Voss of Georgetown as the "Doctor for the Day."

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

HR 2045 - ADOPTED
(by Driver)

Representative Driver moved to suspend all necessary rules to take up and consider at this time HRi2045.

The motion prevailed.

The following resolution was laid before the house:

HR 2045, Honoring Norman Brinker of Dallas for his accomplishments as an entrepreneur and business leader.

HR 2045 was read and was adopted.

On motion of Representative Goolsby, the names of all the members of the house were added to HRi2045 as signers thereof.

INTRODUCTION OF GUESTS

The speaker recognized Representative Driver who introduced Norman Brinker who briefly addressed the house.

LEAVES OF ABSENCE GRANTED

The following members were granted leaves of absence temporarily for today to attend a meeting of the conference committee oniHB 7 and SB 5:

Giddings on motion of Homer.

Solomons on motion of Homer.

HR 2091 - ADOPTED
(by Hunter, Farabee, Dutton, Reyna, and Delisi)

Representative Edwards moved to suspend all necessary rules to take up and consider at this time HRi2091.

The motion prevailed.

The following resolution was laid before the house:

HR 2091, Honoring the staff of the House Research Organization.

HR 2091 was adopted.

HR 2092 - ADOPTED
(by Luna, Herrero, and Seaman)

Representative Edwards moved to suspend all necessary rules to take up and consider at this time HRi2092.

The motion prevailed.

The following resolution was laid before the house:

HR 2092, Recognizing May 25, 2005, as Corpus Christi Day at the State Capitol.

HR 2092 was adopted.

4426 79th LEGISLATURE — REGULAR SESSION

HR 2093 - ADOPTED
(by Luna)

Representative Edwards moved to suspend all necessary rules to take up and consider at this time HRi2093.

The motion prevailed.

The following resolution was laid before the house:

HR 2093, Honoring Samuel L. Neal, Jr., for his service as mayor of Corpus Christi.

HR 2093 was adopted.

RULES SUSPENDED

Representative Edwards moved to suspend all necessary rules to take up and consider the congratulatory and memorial calendar set for 10 a.m. today before the local, consent, and resolutions calendar.

The motion prevailed.

(Edwards in the chair)

RESOLUTIONS ADOPTED

Representative Edwards moved to suspend all necessary rules in order to take up and consider at this time HR 1380, 1609, 1610, 1733-1736, 1850-1872, 1874, 1950–1982, 1984–2009, 2011-2014, 2016-2020, and 2027.

The motion prevailed.

The following resolutions were laid before the house:

HR 1733 (by Quintanilla), Recognizing the Sparks Housing Development Corporation for 15 years of service in east El Paso County.

HR 1735 (by Quintanilla), Honoring Chris Forbes on being named the 2004-2005 Outstanding Ex Student by the Alumni Association of Austin High School in El Paso.

HR 1850 (by Quintanilla), Honoring the grand opening of the AARP Information Center in El Paso on May 21, 2005.

HR 1851 (by Quintanilla), Honoring Lewis Wright on his achievements in scouting.

HR 1853 (by Quintanilla), Congratulating Aaron Silva for attaining the rank of Eagle Scout.

HR 1854 (by Quintanilla), Honoring Emelia Ramirez on her receipt of the Socorro High School Naval Junior ROTC Top Dawg award.

HR 1855 (by Quintanilla), Honoring Sal Mena, Jr., on his election as trustee of the El Paso ISD.

HR 1856 (by Quintanilla), Honoring Sergio Lewis on his election as trustee of the El Paso ISD.

Wednesday, May 25, 2005 HOUSE JOURNAL — 76th Day (cont'd) 4427

HR 1857 (by Quintanilla), Honoring Martha Reyes on her election as trustee of the Ysleta ISD.

HR 1858 (by Quintanilla), Honoring Charlie E. Garcia on his election as trustee of the Socorro ISD.

HR 1859 (by Quintanilla), Honoring Barbara Perez Pena on her election as trustee of the Socorro ISD.

HR 1860 (by Quintanilla), Honoring Craig Patton on his election as trustee of the Socorro ISD.

HR 1861 (by Quintanilla), Honoring Janice Armstrong on her election as trustee of the Clint ISD.

HR 1862 (by Quintanilla), Honoring Jim Pendell on his election as trustee of the Clint ISD.

HR 1863 (by Quintanilla), Honoring Raymond Morales on his election as mayor of Horizon City.

HR 1864 (by Quintanilla), Honoring Luis Najera on his election as alderman of Horizon City.

HR 1865 (by Quintanilla), Honoring Bethani C. Shilladay on her election as alderman of Horizon City.

HR 1866 (by Quintanilla), Honoring Keith J. McClellan on his election as alderman of Horizon City.

HR 1867 (by Quintanilla), Honoring Ramon Holguin on his election as trustee of the San Elizario ISD.

HR 1868 (by Quintanilla), Honoring Armando Martinez on his election as trustee of the San Elizario ISD.

HR 1869 (by Quintanilla), Honoring Fernie Madrid on her election as trustee of the San Elizario ISD.

HR 1870 (by Quintanilla), Honoring Jose Ramirez on his election as trustee of the Fabens ISD.

HR 1871 (by Quintanilla), Honoring Adan Escobar on his election as trustee of the Fabens ISD.

HR 1872 (by Quintanilla), Honoring Greg Spence on his election as trustee of the Fabens ISD.

HR 1874 (by Quintanilla), Recognizing the establishment of the Tornillo Wellness Center in El Paso County.

HR 1950 (by Quintanilla), Honoring Alice Rodriguez of Socorro ISD on being named the Jane A. Hambric School 2005 Teacher of the Year.

HR 1951 (by Quintanilla), Honoring Crystal Wilson of Socorro ISD on being named the Paso Del Norte School 2005 Teacher of the Year.

4428 79th LEGISLATURE — REGULAR SESSION

HR 1952 (by Quintanilla), Honoring George Rodela of Socorro ISD on being named the Americas High School 2005 Teacher of the Year.

HR 1953 (by Quintanilla), Congratulating the members of the San Elizario High School Class of 2005 on their high school graduation.

HR 1954 (by Quintanilla), Honoring Las Palmas Neighborhood Association of El Paso for its service in behalf of the community.

HR 1955 (by Quintanilla), Commemorating the opening of the Texas Tech Tornillo Pediatrics Center.

HR 1956 (by Quintanilla), Honoring the city of Socorro.

HR 1957 (by Quintanilla), Congratulating the members of the Americas High School Class of 2005 on their high school graduation.

HR 1958 (by Quintanilla), Congratulating the members of the Fabens High School Class of 2005 on their high school graduation.

HR 1959 (by Quintanilla), Congratulating the members of the Eastwood High School Class of 2005 on their high school graduation.

HR 1960 (by Quintanilla), Honoring the Eastwood High School boys' track and field team for its success in regional competition.

HR 1961 (by Quintanilla), Honoring The University of Texas at El Paso basketball program for a successful 2004-2005 season.

HR 1962 (by Quintanilla), Honoring Fred Doreck of Socorro ISD on being named the Lujan Chavez Elementary School 2005 Teacher of the Year.

HR 1963 (by Quintanilla), Honoring Marian Bennett of Socorro ISD on being named the Montwood High School 2005 Teacher of the Year.

HR 1964 (by Quintanilla), Honoring Jose Andazola of Socorro ISD on being named the Socorro Middle School 2005 Teacher of the Year.

HR 1965 (by Quintanilla), Honoring Ana Garcia of Clint ISD on being named the Clint Junior High School 2004-2005 Teacher of the Year.

HR 1966 (by Quintanilla), Honoring Kirk Macon of Socorro ISD on being named the Captain Walter E. Clarke Middle School 2005 Teacher of the Year.

HR 1967 (by Quintanilla), Honoring Troy Herbort of Socorro ISD on being named the Socorro High School 2005 Teacher of the Year.

HR 1968 (by Quintanilla), Honoring Araceli Bustamante of Americas High School in El Paso for her accomplishments in the Migrant Student Graduation Enhancement Program of The University of Texas at Austin.

HR 1969 (by Quintanilla), Honoring Charline Rivera of Socorro ISD on being named the Sierra Vista Elementary School 2005 Teacher of the Year.

HR 1970 (by Quintanilla), Honoring Blanca Ureno-Flores of Socorro ISD on being named the Escontrias Elementary School 2005 Teacher of the Year.

Wednesday, May 25, 2005 HOUSE JOURNAL — 76th Day (cont'd) 4429

HR 1971 (by Quintanilla), Honoring Dianna Koon of Socorro ISD on being named the Sun Ridge Middle School 2005 Teacher of the Year.

HR 1972 (by Quintanilla), Honoring Jennifer Quinrana of Socorro ISD on being named the Vista Del Sol Elementary School 2005 Teacher of the Year.

HR 1973 (by Quintanilla), Honoring Lizett Shaw of Socorro ISD on being named the El Dorado High School 2005 Teacher of the Year.

HR 1974 (by Quintanilla), Honoring Ernestina Vasquez of Socorro ISD on being named the Hueco Elementary School 2005 Teacher of the Year.

HR 1975 (by Quintanilla), Honoring Mary Lynn Harris of Clint ISD on being named the C. T. Welch Intermediate School 2004-2005 Teacher of the Year.

HR 1976 (by Quintanilla), Honoring Julie Farris of Clint ISD on being named the W. D. Surratt Elementary School 2004-2005 Teacher of the Year.

HR 1977 (by Quintanilla), Honoring Pilar Luna of Clint ISD on being named the Montana Vista Elementary School 2004-2005 Teacher of the Year.

HR 1978 (by Quintanilla), Honoring Stacy Girvin of Socorro ISD on being named the Horizon Heights Elementary School 2005 Teacher of the Year.

HR 1979 (by Quintanilla), Honoring Jose Pedroza of Socorro ISD on being named the Desert Wind Elementary School 2005 Teacher of the Year.

HR 1980 (by Quintanilla), Honoring Vickie Brown of Socorro ISD on being named the Helen Ball Elementary School 2005 Teacher of the Year.

HR 1981 (by Quintanilla), Honoring Veronica Mesa of Socorro ISD on being named the Escontrias Early Childhood Center 2005 Teacher of the Year.

HR 1982 (by Quintanilla), Honoring Maria Angelica Trujillo of Socorro ISD on being named the Ernesto Serna School 2005 Teacher of the Year.

HR 1984 (by Quintanilla), Honoring Lisa Herrera of Socorro ISD on being named the H.D. Hilley Elementary School 2005 Teacher of the Year.

HR 1985 (by Quintanilla), Honoring Erendira Alvarez of Socorro High School in El Paso for her accomplishments in the Migrant Student Graduation Enhancement Program of The University of Texas at Austin.

HR 1986 (by Quintanilla), Honoring Curtis Duran of San Elizario for his accomplishments in the Migrant Student Graduation Enhancement Program of The University of Texas at Austin.

HR 1987 (by Quintanilla), Honoring Jennifer Garcia of San Elizario for her accomplishments in the Migrant Student Graduation Enhancement Program of The University of Texas at Austin.

HR 1988 (by Quintanilla), Honoring Jody Miranda of Socorro ISD on being named the Elfida P. Chavez Elementary School 2005 Teacher of the Year.

HR 1989 (by Quintanilla), Honoring Edna Overton of Socorro ISD on being named the William D. Slider Middle School 2005 Teacher of the Year.

4430 79th LEGISLATURE — REGULAR SESSION

HR 1990 (by Quintanilla), Honoring Don Mudloff of Clint ISD on being named the Mountain View High School 2004-2005 Teacher of the Year.

HR 1991 (by Quintanilla), Honoring Mario Lucero of Clint ISD on being named the Horizon High School 2004-2005 Teacher of the Year.

HR 1992 (by Quintanilla), Honoring Juana Garcia of Clint ISD on being named the Frank Macias Elementary School 2004-2005 Teacher of the Year.

HR 1993 (by Quintanilla), Honoring John Wilson of Clint ISD on being named the Clint High School 2004-2005 Teacher of the Year.

HR 1994 (by Quintanilla), Honoring Suzette DeSantis of Socorro ISD on being named the Colonel John O. Ensor Middle School 2005 Teacher of the Year.

HR 1995 (by Quintanilla), Honoring Sandra Manriquez of Clint ISD on being named the East Montana Middle School 2004-2005 Teacher of the Year.

HR 1996 (by Quintanilla), Honoring Beth Heinemann of Clint ISD on being named the Desert Hills Elementary School 2004-2005 Teacher of the Year.

HR 1997 (by Quintanilla), Honoring Veronica Gallegos of Socorro ISD on being named the Campestre Elementary School 2005 Teacher of the Year.

HR 1998 (by Quintanilla), Honoring Teresa Sullivan of Clint ISD on being named the Red Sands Elementary School 2004-2005 Teacher of the Year.

HR 1999 (by Quintanilla), Honoring Claudia Ornelas of Socorro ISD on being named the Bill Sybert School 2005 Teacher of the Year.

HR 2000 (by Quintanilla), Congratulating the board members of Tornillo ISD for the overwhelming public support of their bond election on May 5, 2005.

HR 2001 (by Quintanilla), Honoring LeAnn Schmidt of Socorro ISD on being named the Myrtle Cooper Elementary School 2005 Teacher of the Year.

HR 2002 (by Quintanilla), Honoring Fernando Hernandez of Socorro ISD on being named the Robert R. Rojas Elementary School 2005 Teacher of the Year.

HR 2003 (by Quintanilla), Honoring Chris Fendley of Socorro ISD on being named the O'Shea Keleher Elementary School 2005 Teacher of the Year.

HR 2004 (by Quintanilla), Honoring Patti Giorgi of Socorro ISD on being named the Montwood Middle School 2005 Teacher of the Year.

HR 2005 (by Quintanilla), Honoring Linda De La Cruz of Socorro ISD on being named the Loma Verde Elementary School 2005 Teacher of the Year.

HR 2006 (by Quintanilla), Honoring the Album Park Reservation Association of El Paso for its service in behalf of the community.

HR 2007 (by Quintanilla), Congratulating the members of the Mountain View High School Class of 2005 on their high school graduation.

HR 2008 (by Quintanilla), Honoring Denise Contreras of Socorro ISD on being named the Benito Martinez Elementary School 2005 Teacher of the Year.

Wednesday, May 25, 2005 HOUSE JOURNAL — 76th Day (cont'd) 4431

HR 2009 (by Quintanilla), Congratulating the members of the Hanks High School Class of 2005 on their high school graduation.

HR 2011 (by Quintanilla), Congratulating the members of the Tornillo High School Class of 2005 on their high school graduation.

HR 2012 (by Quintanilla), Congratulating the members of the Socorro High School Class of 2005 on their high school graduation.

HR 2013 (by Quintanilla), Commemorating the opening of the Texas Tech Physicians East Clinic in Tornillo.

HR 2014 (by Quintanilla), Honoring Betsy Austin Jimenez on her graduation from The University of Texas at El Paso.

HR 2016 (by Quintanilla), Honoring the Stoneridge Property Owners Association of El Paso for its service in behalf of the community.

HR 2017 (by Quintanilla), Honoring Cielo Vista of El Paso for its service in behalf of the community.

HR 2018 (by Quintanilla), Honoring the Eastside Civic Association of El Paso for its service in behalf of the community.

HR 2019 (by Quintanilla), Congratulating the members of the Clint High School Class of 2005 on their high school graduation.

HR 2020 (by Quintanilla), Honoring Priscilla Rodriguez of Socorro ISD on being named the Salvador H. Sanchez Middle School 2005 Teacher of the Year.

HR 2027 (by Quintanilla), Honoring Donald Harville of Socorro ISD on being named the K.E.Y.S. Academy 2005 Teacher of the Year.

The resolutions were adopted.

The following memorial resolutions were laid before the house:

HR 1380 (by Quintanilla), In memory of Mary Alice Province of Horizon City.

HR 1609 (by Quintanilla), In memory of Enrique Perez of San Elizario.

HR 1610 (by Quintanilla), In memory of Kathy Rubio of San Elizario.

HR 1734 (by Quintanilla), In memory of Irene Trujillo of San Elizario.

HR 1736 (by Quintanilla), In memory of Refugio L. Sanchez of Socorro.

HR 1852 (by Quintanilla), In memory of Agustin "A. J." Bosquez III of Austin.

The resolutions were unanimously adopted by a rising vote.

(Howard now present)

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. 2).

4432 79th LEGISLATURE — REGULAR SESSION

INTRODUCTION OF GUEST

The chair recognized Representative Mowery who introduced Father Lambert Leykam, St. Francis Catholic Church, Crowley.

CONGRATULATORY AND MEMORIAL CALENDAR

The following congratulatory resolutions were laid before the house:

HR 1432 (by Menendez), Recognizing September 2005 as Tejano Heritage Month in Texas.

HR 1602 (by Dawson), Congratulating Bob and Ann Joyner of Pearland on their 50th wedding anniversary.

HR 1606 (by Wong), Congratulating Wang Chi of Houston on her birthday and commending her for her many contributions to the community.

HR 1608 (by Ritter and Deshotel), Honoring Joseph Domino of Beaumont for his receipt of a 2005 Distinguished Alumni Award from Lamar University.

HR 1611 (by Hunter, Hilderbran, and Chavez), Commending the Texas Parks and Wildlife Department and the Texas Historical Commission on their collaboration in developing the Texas Buffalo Soldiers Heritage Trail.

HR 1612 (by Farabee), Honoring Betty Jo Harvey of Wichita Falls for her receipt of a MetLife Foundation Older Volunteers Enrich America Award.

HR 1621 (by Farabee), Honoring Pat Gorman on being named the 2005 Small Business Person of the Year by the Wichita Falls Board of Commerce and Industry.

HR 1623 (by Casteel), Honoring Texas Air National Guard Major Scott Galliardt of Boerne for his service to his country and for his contributions in behalf of his fellow soldiers.

HR 1626 (by Raymond), Commending Ray Scott for his contributions to fishing and hunting in Texas and beyond.

HR 1629 (by Eiland), Recognizing May 12, 2005, as the Texas Retired Teachers Association "Texas Retired School Personnel Day."

HR 1630 (by Hodge), Honoring Meg and Jay Propes of Austin on the birth of their son, Walker Henson Propes.

HR 1631 (by Dutton), Recognizing the Prairie View Interscholastic League Coaches Association on the occasion of its 26th annual Hall of Honor Awards Banquet.

HR 1632 (by J. Jones and Dunnam), Congratulating New Hope Missionary Baptist Church in Wheelock on the dedication of its church bell.

HR 1633 (by J. Jones and Dunnam), Honoring New Hope Missionary Baptist Church of Wheelock on its notable anniversary celebration.

HR 1635 (by Martinez), Recognizing the grand opening of the Wal-Mart Supercenter in Weslaco on May 18, 2005.

Wednesday, May 25, 2005 HOUSE JOURNAL — 76th Day (cont'd) 4433

HR 1638 (by Otto), Congratulating Megan Laws on graduating from TomiC. Clark High School in San Antonio.

HR 1639 (by Bailey), Honoring Reyes Torres Garcia, Jr., for his exceptional service to his community.

HR 1640 (by Bailey), Congratulating Meryl-Ina Samantha Kizzee of the Girl Scouts of San Jacinto Council on winning a Girl Scout Gold Award.

HR 1641 (by Dunnam), Congratulating David Fernandez and Latisha Renay Ford on being selected as members of the 2005 UIL State One-Act Play Honor Crew.

HR 1643 (by Rodriguez), Honoring Sara Bechtold of Houston Elementary School for being named Austin ISD's 2005 Teacher of the Year.

HR 1644 (by Escobar), Congratulating the Texas A&M University–Kingsville football team for an outstanding 2004 season.

HR 1646 (by Hodge), Recognizing June 20-24, 2005, as National Healthcare Risk Management Week.

HR 1650 (by Laubenberg), Honoring Dr. John Dale Coble on being named the 2004 Optometrist of the Year.

HR 1651 (by Laubenberg), Congratulating Carol Ray on her retirement from the Lovejoy ISD.

HR 1652 (by Solis), Congratulating Dr. Gerald Whitson of Harlingen on being named Physician of the Year by the staff of Valley Baptist Medical Center-Harlingen.

HR 1656 (by Hamilton), Congratulating Don Briscoe of Beaumont on being named to the Pinnacle Club by Clear Channel Communications, Inc.

HR 1657 (by Hamilton), Congratulating Trent and Melanie Marshall of Orange on the birth of their son, Andrew Jackson Marshall.

HR 1659 (by Bohac), Commemorating the 50th anniversary of Pine Shadows Elementary School in Houston.

HR 1700 (by T. Smith), Recognizing the 50th anniversary of the Hurst-Euless-Bedford Chamber of Commerce.

HR 1701 (by Wong), Recognizing Mikail Ashvin Wijesekera of Houston on his first birthday.

HR 1703 (by Craddick), Honoring Bobby and Billie Dyer of Midland on their 60th wedding anniversary.

HR 1715 was previously adopted.

HR 1716 was previously adopted.

HR 1722 (by Branch), Congratulating Coach Tim Marzuola of Highland Park High School on being named the 2005 UIL State Wrestling Coach of the Year.

4434 79th LEGISLATURE — REGULAR SESSION

HR 1723 (by Branch), Congratulating the Highland Park High School wrestling team on winning the 2005 state championship.

HR 1724 (by Branch), Congratulating the Highland Park High School girls swimming team on winning its fifth straight Class 4A state championship.

HR 1726 (by Branch), Honoring Texans Can! on its 20th anniversary.

HR 1728 (by Gonzalez Toureilles), Honoring U.S. Army Sergeant Nieves Rodriguez, Jr., for his service in Iraq.

HR 1729 (by Gonzalez Toureilles), Honoring Dr. Euell Crisp for his dedication to the residents of Alice.

HR 1730 (by Gonzalez Toureilles), Honoring Armando Marroquin of Alice for providing scholarships for high school seniors.

HR 1731 (by Gonzalez Toureilles), Congratulating Adan Valadez on his receipt of the Martin Luther King, Jr., Humanitarian Award from the office of the mayor of Alice.

HR 1732 (by Gonzalez Toureilles), Congratulating Eva Richardson on her receipt of the Martin Luther King, Jr., Humanitarian Award from the office of the mayor of Alice.

HR 1733 was previously adopted.

HR 1735 was previously adopted.

HR 1737 (by Leibowitz), Congratulating Max Lucado of San Antonio on being named America's Best Preacher in the April 2005 issue of Reader's Digest magazine.

HR 1738 (by Leibowitz), Congratulating Joyce W. Dorrycott of San Antonio on the occasion of her 75th birthday.

HR 1740 (by Gonzales), Honoring Steve Ahlenius on his achievements as president and chief executive officer of the McAllen Chamber of Commerce.

HR 1741 (by Gonzales), Honoring Michael A. Allen for his contributions to the economic development of the Rio Grande Valley.

HR 1742 (by Gonzales), Honoring Monica Weisberg-Stewart of McAllen for her outstanding civic contributions.

HR 1743 (by Gonzales), Honoring Veena and Varsha Namboodiri of McAllen on the occasion of their Annaprasana.

HR 1744 (by Gonzales), Commending Cynthia M. Sakulenzki for her work as president and CEO of the McAllen Hispanic Chamber of Commerce.

HR 1745 was previously adopted.

HR 1747 (by Escobar), Honoring Raul Garza for his contributions to the students of Kingsville ISD.

HR 1748 (by Escobar), Honoring Reynaldo Candia of Primera for his efforts as a civil rights activist and advocate.

Wednesday, May 25, 2005 HOUSE JOURNAL — 76th Day (cont'd) 4435

HR 1751 (by Merritt), Honoring the 2005 Kilgore Rotary Club Scholar Athletes for their academic and athletic accomplishments.

HR 1752 (by Merritt), Honoring Casey Zager of Longview for his participation in the international exchange program Beyond Borders.

HR 1753 (by Merritt), Honoring Travis Martin on being named the Lion of the Year by the Kilgore Lions Club.

HR 1754 (by Merritt), Honoring O. Rufus Lovett of Kilgore College on being named a Piper Professor by the Minnie Stevens Piper Foundation of San Antonio.

HR 1755 (by Merritt), Honoring Roy and Louise Hollingsworth of Longview on the occasion of their 60th wedding anniversary.

HR 1756 (by Merritt), Honoring the city of Lindale on the occasion of its centennial celebration.

HR 1757 (by Merritt), Honoring Shannon Marie Mitchell of Longview for her receipt of the Rase Brothers Award from The University of Texas Department of Chemical Engineering.

HR 1758 (by Merritt), Honoring David and Caranelle Bodenheimer of Gladewater on their 50th anniversary.

HR 1759 (by Keel), Commending members of the 1st Battalion, 23rd Marine Regiment, for their service during Operation Iraqi Freedom.

HR 1763 (by Riddle), Honoring Deborah Mary Folsom on the occasion of her 60th birthday.

HR 1765 (by Grusendorf), Recognizing Wayne Ogle for his service to the city of Arlington.

HR 1767 was withdrawn.

HR 1770 (by Gallego), Honoring St. James Episcopal School in Del Rio on its 50th anniversary.

HR 1773 (by Gallego), Honoring Joyce Miles on her retirement from Sul Ross State University Wildenthal Memorial Library.

HR 1775 (by Baxter), Honoring Sarah Jean Durkee on her high school graduation.

HR 1776 (by J. Jones), Congratulating the recipients of the 2005 Seagoville Chamber of Commerce Annual Awards.

HR 1777 (by T. Smith), Honoring Pam Conley for her years of service as a member of the Bedford City Council.

HR 1778 (by T. Smith), Honoring Edward and Wanda Parker on their golden wedding anniversary.

HR 1779 (by T. Smith), Honoring Ron May of Bedford for his service as a member of the board of Hurst-Euless-Bedford ISD.

4436 79th LEGISLATURE — REGULAR SESSION

HR 1780 (by T. Smith), Congratulating Khoan Vu on being named a top 10 graduate of L. D. Bell High School in Hurst.

HR 1781 (by T. Smith), Congratulating Sarah Agee on being named a top 10 graduate of L. D. Bell High School in Hurst.

HR 1782 (by T. Smith), Congratulating Jainy James on being named a top 10 graduate of L. D. Bell High School in Hurst.

HR 1783 (by T. Smith), Congratulating Aimee Lam on being named a top 10 graduate of L. D. Bell High School in Hurst.

HR 1784 (by T. Smith), Congratulating Karen Pavlovich on being named a top 10 graduate of L. D. Bell High School in Hurst.

HR 1785 (by T. Smith), Congratulating Suzanne Eckl on being named a top 10 graduate of L. D. Bell High School in Hurst.

HR 1786 (by T. Smith), Congratulating Mita Lakhia on being named a top 10 graduate of L. D. Bell High School in Hurst.

HR 1787 (by T. Smith), Congratulating Caitlin Burhand on being named a top 10 graduate of L. D. Bell High School in Hurst.

HR 1788 (by T. Smith), Congratulating Brittany Jackson on being named a top 10 graduate of L. D. Bell High School in Hurst.

HR 1789 (by T. Smith), Honoring Mayor Rick Hurt of Bedford for his contributions to city politics.

HR 1790 (by T. Smith), Honoring Alicia McGlinchey for her service as a member of the Bedford City Council.

HR 1791 (by T. Smith), Congratulating Lindsay Ice on being named a top 10 graduate of L. D. Bell High School in Hurst.

HR 1792 (by J. Keffer), Congratulating Dana Vollmer of Granbury on winning a gold medal at the 2004 Olympic Games in Athens, Greece, as a member of the women's 800-meter freestyle relay team.

HR 1793 (by Martinez Fischer), Commending the Honorable Al Alonso, judge of County Court at Law No. 1 and a Bexar County adult drug court, for his pioneering work in implementing the first certified drug court in the nation.

SCR 40 (Gallego - House Sponsor), Commending the citizens of Terrell County for their many contributions to Texas and the nation and extending best wishes for a joyous Centennial Celebration.

The resolutions were adopted.

The following memorial resolutions were laid before the house:

HR 1433 (by Menendez), In memory of Sarah F. Beers of San Antonio.

HR 1607 (by Dutton), In memory of Daisy Lee Tindall of Friendswood.

HR 1609 was previously adopted.

HR 1610 was previously adopted.

Wednesday, May 25, 2005 HOUSE JOURNAL — 76th Day (cont'd) 4437

HR 1614 (by Woolley), In memory of Tenie Mulvey Braniff of Houston.

HR 1615 (by T. Smith), In memory of Donald R. Tharp of Bedford.

HR 1620 (by Eissler), In memory of Lewis Schwartz.

HR 1636 (by Martinez), In memory of Alvin M. "Al" Levine of Weslaco.

HR 1637 (by Martinez), In memory of Dora Faye Ligon of Weslaco.

HR 1653 (by Solis), In memory of U.S. Army Major Horst Gerhard "Gary" Moore of Los Fresnos.

HR 1654 (by R. Cook), In memory of Michael Ryan Davis of La Grange.

HR 1658 (by Bohac), In memory of Joe Clifford Epps of Houston.

HR 1660 (by Dukes), In memory of Marc Thomas of Austin and recognizing May 17, 2005, as Marc Thomas Day.

HR 1712 (by Farrar), In memory of Natalia Palomo Martinez of Houston.

HR 1714 (by Hilderbran), In memory of Helene LeMay Burk of Junction.

HR 1718 (by Callegari), In memory of Jerry L. Carswell.

HR 1725 (by Branch), In memory of Don Huffer Snell of Dallas.

HR 1734 was previously adopted.

HR 1736 was previously adopted.

HR 1739 (by Leibowitz), In memory of Filomeno Escobar of San Antonio.

HR 1760 was previously adopted.

HR 1762 (by Bohac), In memory of Anthony Paschal Dwight of Houston.

HR 1768 (by Gallego), In memory of Rudy F. Rodriguez.

HR 1769 (by Gallego), In memory of F. M. "Roe" Miller of Fort Davis.

HR 1771 (by Gallego), In memory of Pablo Aguilar of Fort Davis.

HR 1772 (by Gallego), In memory of Gunther H. Moller of Alpine.

HR 1774 (by Gattis), Commemorating Memorial Day 2005.

The resolutions were unanimously adopted by a rising vote.

HR 1885 - ADOPTED
(by Corte)

Representative Corte moved to suspend all necessary rules to take up and consider at this time HRi1885.

The motion prevailed.

The following resolution was laid before the house:

HR 1885, Honoring Texans who have died while serving in the Global War on Terrorism and all men and women who have served in the United States armed forces.

HR 1885 was unanimously adopted by a rising vote.

4438 79th LEGISLATURE — REGULAR SESSION

HR 1827 - ADOPTED
(by Naishtat)

Representative Naishtat moved to suspend all necessary rules to take up and consider at this time HRi1827.

The motion prevailed.

The following resolution was laid before the house:

HR 1827, Commemorating the 2005 Memorial Day observance being held by the Travis County Council of the VFW.

HR 1827 was adopted.

HR 1828 - ADOPTED
(by Naishtat)

Representative Naishtat moved to suspend all necessary rules to take up and consider at this time HRi1828.

The motion prevailed.

The following resolution was laid before the house:

HR 1828, Congratulating Nina Cheyenne Janes and Charles Matthew Embry of Austin on the occasion of their wedding.

HR 1828 was read and was adopted.

HR 1912 - ADOPTED
(by Naishtat)

Representative Naishtat moved to suspend all necessary rules to take up and consider at this time HRi1912.

The motion prevailed.

The following resolution was laid before the house:

HR 1912, Recognizing the Speed and Fitness Camp to be held in Austin from May 31 to June 3, 2005.

HR 1912 was read and was adopted.

HR 1943 - ADOPTED
(by Dunnam and Homer)

Representative Dunnam moved to suspend all necessary rules to take up and consider at this time HRi1943.

The motion prevailed.

The following resolution was laid before the house:

HR 1943, Honoring Carroll Hall Shelby for his lifetime achievements.

HR 1943 was adopted.

On motion of Representative Homer, the names of all the members of the house were added to HRi1943 as signers thereof.

Wednesday, May 25, 2005 HOUSE JOURNAL — 76th Day (cont'd) 4439

HCR 213 - ADOPTED
(by Dunnam and Homer)

Representative Dunnam moved to suspend all necessary rules to take up and consider at this time HCRi213.

The motion prevailed.

The following resolution was laid before the house:

HCR 213, Honoring Carroll Hall Shelby for his lifetime achievements.

HCR 213 was adopted.

On motion of Representative Homer, the names of all the members of the house were added to HCRi213 as signers thereof.

HR 1739 - MOTION TO ADD NAMES

On motion of Representative Solis, the names of all the members of the house were added to HRi1739 as signers thereof.

MOTION TO ADD NAMES

On motion of Representative Laubenberg, the names of all the members of the house were added to HRi1346, 1650, and 1661 as signers thereof.

(Speaker pro tempore in the chair)

LOCAL, CONSENT, AND RESOLUTIONS CALENDAR

SECOND READING

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

CSSB 658 (Reyna - House Sponsor), A bill to be entitled An Act relating to the scheduling of certain University Interscholastic League competitions.

SB 18 (Ritter - House Sponsor), A bill to be entitled An Act relating to the adoption of ad valorem tax rates by taxing units and to related tax bills.

SB 30 (F. Brown - House Sponsor), A bill to be entitled An Act relating to a pilot project to award incentives to students contracting to graduate in a timely manner from public institutions of higher education. (Talton recorded voting no.)

Amendment No. 1

On behalf of Representative Harper-Brown, Representative F. Brown offered the following amendment to SBi30:

Amend SB 30 as follows:

(1) On page 2, line 17, strike "declare a major" and substitute "select a degree program".

(2) On page 2, line 27, strike "contract at the times required by the contract" and substitute "degree program selected as specified in Subsection (c)".

4440 79th LEGISLATURE — REGULAR SESSION

(3) On Page 3, lines 14 and 15, strike "at the appropriate time as specified by the institution in the contract" and substitute "in the sequence required by the degree program selected as specified in Subsection (c)".

(4) On page 3, line 23, between "student's" and "tuition", insert "designated".

(5) On page 3, lines 24 and 25, strike "at the time the student is first able to enroll in the course".

Amendment No. 1 was adopted.

SB 39 (Goolsby - House Sponsor), A bill to be entitled An Act relating to continuing education in forensic evidence collection for certain physicians and nurses.

Amendment No. 1

Representative Goolsby offered the following amendment to SBi39:

Amend SB 39 (house committee printing) in SECTION 1 of the bill by striking added Section 156.057, Occupations Code, and substituting the following:

Sec. 156.057. CONTINUING EDUCATION IN FORENSIC EVIDENCE COLLECTION. (a) A physician licensed under this subtitle who submits an application for renewal of a license to practice medicine and whose practice includes treating patients in an emergency room setting may complete two hours of continuing medical education relating to forensic evidence.

(b) The board may adopt rules to identify the physicians who are qualified to complete continuing medical education under Subsection (a) and to establish the content of that continuing medical education. The board may adopt other rules to implement this section.

Amendment No. 1 was adopted.

CSSB 44 (Delisi - House Sponsor), A bill to be entitled An Act relating to the Indigent Health Care Advisory Committee.i(Harper-Brown recorded voting no.)

CSSB 51 (Smithee - House Sponsor), A bill to be entitled An Act relating to administration of certain health benefit plans.

SB 66 (Driver - House Sponsor), A bill to be entitled An Act relating to the establishment of certain programs and initiatives designed to prevent the manufacture and use of methamphetamine; providing a penalty.

SB 183 (Chavez and West - House Sponsors), A bill to be entitled An Act relating to the appointment, operation, and recommendations of the Border Trade Advisory Committee.i(Flynn and Kolkhorst recorded voting no.)

Amendment No. 1 (Committee Amendment No. 1)

Representative Chavez offered the following committee amendment to SBi183:

Amend SB 183 as follows:

Wednesday, May 25, 2005 HOUSE JOURNAL — 76th Day (cont'd) 4441

(1) On page 1, lines 16 and 17 delete "located adjacent to the border with the United Mexican States"

(2) On page 1, line 18 after the second "," and before "or" by inserting "Odessa,".

Amendment No. 1 was adopted.

SB 188 (Hochberg - House Sponsor), A bill to be entitled An Act relating to a memorandum of understanding between the Texas School for the Blind and Visually Impaired and the Texas Education Agency.

SB 189 (Hochberg - House Sponsor), A bill to be entitled An Act relating to the operation of the Texas School for the Blind and Visually Impaired. (Harper-Brown recorded voting no.)

SB 213 (Martinez Fischer - House Sponsor), A bill to be entitled An Act relating to requiring more Spanish language content for online information provided by state agencies.i(Harper-Brown recorded voting no.)

SB 254 (Hill - House Sponsor), A bill to be entitled An Act relating to the removal of certain restrictions imposed on the programs, enrollment, and admission policies of The University of Texas at Dallas.

SB 256 (F. Brown - House Sponsor), A bill to be entitled An Act relating to the release of certain student information by a school district. (Harper-Brown and Phillips recorded voting no.)

CSSB 269 (Flores - House Sponsor), A bill to be entitled An Act relating to certain administrative fees and taxes collected by the Texas Alcoholic Beverage Commission.i(Anderson and Miller recording voting no.)

SB 270 (Mowery - House Sponsor), A bill to be entitled An Act relating to mass gatherings outside the limits of a municipality.

SB 271 (Burnam - House Sponsor), A bill to be entitled An Act relating to the issuance of a certificate of birth resulting in stillbirth on request of a parent.

SB 291 (Alonzo and Hartnett - House Sponsors), A bill to be entitled An Act relating to the index of court fees and costs. (Harper-Brown recorded voting no.)

SB 296 (Corte - House Sponsor), A bill to be entitled An Act relating to the student enrollment required for the operation of Texas A&M University–San Antonio and Texas A&M University–Central Texas as independent general academic teaching institutions.

Amendment No. 1

Representatives Corte and Morrison offered the following amendment to SBi296:

Amend SB 296 as follows:

On page 1, after line 20 add a new subsection as follows;

4442 79th LEGISLATURE — REGULAR SESSION

(e) Notwithstanding any other law, Texas A&M University– San Antonio is not eligible to receive the small institution supplement under the Texas Higher Education Coordinating Board's General Academic Instruction and Operations Formula during the state fiscal biennium beginning September 1, 2005. This subsection expires September 1, 2007.

Strike language on page 1, line 21 through page 2, line 10.

Renumber bill sections accordingly.

Amendment No. 1 was adopted.

SB 302 (Coleman - House Sponsor), A bill to be entitled An Act relating to reports regarding participation in higher education.

CSSB 307 (Coleman - House Sponsor), A bill to be entitled An Act relating to a mental health court program.

SB 308 (Swinford - House Sponsor), A bill to be entitled An Act relating to temporary successors to members of the legislature during a period of emergency caused by enemy attack.i(Herrero and Leibowitz recorded voting no.)

SB 314 (Hamric - House Sponsor), A bill to be entitled An Act relating to the emergency service fee rate in certain 9-1-1 emergency communication districts.

SB 325 (Naishtat and Hupp - House Sponsors), A bill to be entitled An Act relating to the management of behavior of residents of certain facilities; providing an administrative penalty.

CSSB 331 was deferred until the end of today's Local, Consent, and Resolutions Calendar.

SB 338 was deferred until the end of today's Local, Consent, and Resolutions Calendar.

SB 356 (Thompson - House Sponsor), A bill to be entitled An Act relating to an urban land bank program in certain municipalities.

Amendment No. 1

Representative Coleman offered the following amendment to SBi356:

Amend SB 356 in SECTION 1 of the bill, following added Subsection (c), Section 379D.010, Local Government Code (Engrossed version, page 8, between lines 24 and 25), by inserting the following:

(d) Notwithstanding Subsection (c), housing developed under this chapter may consist of one to eight residential units, all of which may be rental units, if:

(1) each tenant household meets the income eligibility requirements of a low income household;

(2) the housing is located in an area that:

(A) is adjacent to the central business district of the municipality; and

(B) has a number of owner-occupied households that does not exceed 25 percent of the total number of households in the area; and

Wednesday, May 25, 2005 HOUSE JOURNAL — 76th Day (cont'd) 4443

(3) the median income of households for the area described by Subdivision (2) is less than 50 percent of the median income of households for the municipality.

Amendment No. 1 was adopted.

CSSB 369 (Rose - House Sponsor), A bill to be entitled An Act relating to the prohibition of signs on Farm-to-Market Road 3238.

SB 387 (Eissler - House Sponsor), A bill to be entitled An Act relating to school district employment policies. (Harper-Brown and Phillips recorded voting no.)

SB 423 (Delisi - House Sponsor), A bill to be entitled An Act relating to the issuance of a limited license to practice medicine to certain applicants.

SB 425 (Luna and Seaman - House Sponsors), A bill to be entitled An Act relating to subdivision platting requirements and assistance for certain counties near an international border.

SB 428 (Riddle - House Sponsor), A bill to be entitled An Act relating to the repeal of the requirement that the creation of the Harris County Municipal Utility District No. 388 be confirmed by a specific date.

SB 429 (Riddle - House Sponsor), A bill to be entitled An Act relating to the repeal of the requirement that the creation of the Harris County Municipal Utility District No. 387 be confirmed by a specific date.

CSSB 444 (Hopson and Elkins - House Sponsors), A bill to be entitled An Act relating to registration fee credits for the owners of certain dry cleaning facilities that do not participate in the dry cleaning facility release fund.

SB 452 (Gattis - House Sponsor), A bill to be entitled An Act relating to transferring the duties of the Texas Building and Procurement Commission under the public information law to the attorney general.

SB 465 (Naishtat - House Sponsor), A bill to be entitled An Act relating to the administration of psychoactive medication to certain patients.

SB 471 (Luna - House Sponsor), A bill to be entitled An Act relating to the Texas Coastal Ocean Observation Network.

SB 483 (Branch - House Sponsor), A bill to be entitled An Act relating to allowing designated public school libraries to participate in group purchasing agreements with the TexShare Library Consortium.

SB 493 (Hamilton - House Sponsor), A bill to be entitled An Act relating to reducing paperwork required of school districts and school district employees.

SB 502 (Morrison - House Sponsor), A bill to be entitled An Act relating to common undergraduate admission application forms for public institutions of higher education in this state.

SB 511 (Rose - House Sponsor), A bill to be entitled An Act relating to public testimony at regular meetings of the governing board of a general academic teaching institution.

4444 79th LEGISLATURE — REGULAR SESSION

SB 521 (Uresti - House Sponsor), A bill to be entitled An Act relating to exemptions from the law governing emergency medical services for certain transfer vehicles and staff and to the minimum qualifications for obtaining an emergency medical services provider license.

SB 526 (Martinez - House Sponsor), A bill to be entitled An Act relating to a county's authority to impose a records archive fee. (Phillips recorded voting no.)

Amendment No. 1

Representatives Martinez and Van Arsdale offered the following amendment to SBi526:

Amend SB 526 (House Committee Printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTIONi__.iiArticle 102.005, Code of Criminal Procedure, is amended by amending Subsection (f) and adding Subsections (g) and (h) to read as follows:

(f)iiA defendant convicted of an offense in a county court, a county court at law, or a district court shall pay a fee of $25 [$20] for records management and preservation services performed by the county as required by Chapter 203, Local Government Code. The fee shall be collected and distributed by the clerk of the court to the county treasurer, or to an official who discharges the duties commonly delegated to the county treasurer, for deposit as follows:

(1)ii$22.50 to the county records management and preservation fund for records management and preservation, including automation, in various county offices; and

(2)ii$2.50 to the records management and preservation fund of the clerk of the court for records management and preservation services performed by the clerk of the court [in the same manner as fees are collected and distributed under Section 51.317(c), Government Code. The fee received by a county shall be placed in a special fund to be called the records management and preservation fund. The fee shall be used only for records management and preservation purposes in the county as required by Chapter 203, Local Government Code. No expenditures may be made from this fund without prior approval of the commissioners court].

(g)iiA fee deposited in accordance with Subsection (f) may be used only to provide funds for specific records management and preservation, including for automation purposes, on approval by the commissioners court of a budget as provided by Chapter 111, Local Government Code.

(h)iiAn expenditure from a records management and preservation fund must comply with Subchapter C, Chapter 262, Local Government Code.

SECTIONi__.iiSection 51.317(c), Government Code, is amended to read as follows:

(c)iiThe district clerk, after collecting a fee under Subsection (b)(4), shall pay the fee to the county treasurer, or to an official who discharges the duties commonly delegated to the county treasurer, for deposit as follows:

Wednesday, May 25, 2005 HOUSE JOURNAL — 76th Day (cont'd) 4445

(1)ii$5 to the county records management and preservation fund for records management and preservation, including automation, in various county offices; and

(2)ii$5 to the district clerk records management and preservation fund for records management and preservation services performed by the district clerk when [after] a case or document is filed in the records office of the district clerk.

SECTIONi__.iiSection 102.041, Government Code, is amended to read as follows:

Sec.i102.041.iiADDITIONAL COURT COSTS ON CONVICTION IN DISTRICT COURT. The clerk of a district court shall collect fees and costs on conviction of a defendant as follows:

(1)iia jury fee (Art. 102.004, Code of Criminal Procedure) .i.i. $20;

(2)iia fee for clerk of the court services (Art. 102.005, Code of Criminal Procedure) .i.i. $40;

(3)iia records management and preservation services fee (Art. 102.005, Code of Criminal Procedure) .i.i. $25 [$20];

(4)iia security fee on a felony offense (Art. 102.017, Code of Criminal Procedure) .i.i. $5;

(5)iia security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) .i.i. $3;

(6)iia graffiti eradication fee (Art. 102.0171, Code of Criminal Procedure) .i.i. $5; and

(7)iia court cost on conviction in Comal County (Sec. 152.0522, Human Resources Code) .i.i. $4.

SECTIONi__.iiSection 102.061, Government Code, is amended to read as follows:

Sec.i102.061.iiADDITIONAL COURT COSTS ON CONVICTION IN STATUTORY COUNTY COURT. The clerk of a statutory county court shall collect fees and costs on conviction of a defendant as follows:

(1)iia jury fee (Art. 102.004, Code of Criminal Procedure) .i.i. $20;

(2)iia fee for services of the clerk of the court (Art. 102.005, Code of Criminal Procedure) .i.i. $40;

(3)iia records management and preservation services fee (Art. 102.005, Code of Criminal Procedure) .i.i. $25 [$20];

(4)iia security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) .i.i. $3;

(5)iia graffiti eradication fee (Art. 102.0171, Code of Criminal Procedure) .i.i. $5; and

(6)iia court cost on conviction in Comal County (Sec. 152.0522, Human Resources Code) .i.i. $4.

SECTIONi__.iiSection 102.081, Government Code, is amended to read as follows:

Sec.i102.081.iiADDITIONAL COURT COSTS ON CONVICTION IN COUNTY COURT. The clerk of a county court shall collect fees and costs on conviction of a defendant as follows:

(1)iia jury fee (Art. 102.004, Code of Criminal Procedure) .i.i. $20;

4446 79th LEGISLATURE — REGULAR SESSION

(2)iia fee for clerk of the court services (Art. 102.005, Code of Criminal Procedure) .i.i. $40;

(3)iia records management and preservation services fee (Art. 102.005, Code of Criminal Procedure) .i.i. $25 [$20];

(4)iia security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) .i.i. $3; and

(5)iia graffiti eradication fee (Art. 102.0171, Code of Criminal Procedure) .i.i. $5.

SECTIONi__.iiThe changes in law made by this Act apply only to a fee that becomes payable on or after the effective date of this Act. A fee that became payable before the effective date of this Act is governed by the law in effect when the fee became payable, and that law is continued in effect for that purpose.

Amendment No. 1 was adopted.

CSSB 532 (Morrison - House Sponsor), A bill to be entitled An Act relating to tuition and other charges and fees imposed by the governing board of a junior college district.

SB 609 was withdrawn.

CSSB 610 (Laubenberg - House Sponsor), A bill to be entitled An Act relating to the regulation of the practice of dentistry.

SB 615 was withdrawn.

SB 621 (Hegar - House Sponsor), A bill to be entitled An Act relating to the territory of certain 9-1-1 emergency communication districts.

SB 630 (Gonzalez Toureilles - House Sponsor), A bill to be entitled An Act relating to audits of providers in the medical assistance program.

Amendment No. 1

Representative Gonzalez Toureilles offered the following amendment to SBi630:

Amend SB 630 in SECTION 1 of the bill, in proposed Subdivision (13), Subsection (c), Section 32.070, Human Resources Code (page 3, line 19), by striking "peer".

Amendment No. 1 was adopted.

SB 691 (Wong - House Sponsor), A bill to be entitled An Act relating to the creation and functions of an arthritis control and prevention program. (Harper-Brown recorded voting no.)

SB 702 (Flynn - House Sponsor), A bill to be entitled An Act relating to authorizing certain uses for student center complex fees charged to students enrolled in component institutions of The Texas A&M University System.

SB 727 (Gattis - House Sponsor), A bill to be entitled An Act relating to the public information law.

SB 729 (Puente - House Sponsor), A bill to be entitled An Act relating to a weighted caseload study of the district courts. (Kolkhorst recorded voting no.)

Wednesday, May 25, 2005 HOUSE JOURNAL — 76th Day (cont'd) 4447

CSSB 732 (Driver - House Sponsor), A bill to be entitled An Act relating to the administration of polygraph examinations to certain applicants for positions in the Department of Public Safety.

SB 737 (Driver - House Sponsor), A bill to be entitled An Act relating to the prosecution of offenses involving the operating or loading of an overweight vehicle in violation of certain laws.

SB 739 (Chisum - House Sponsor), A bill to be entitled An Act relating to the payment of certain administrative penalties assessed by the Texas Commission on Environmental Quality under an installment payment schedule.

SB 742 (Giddings - House Sponsor), A bill to be entitled An Act relating to disqualification for eligibility for workers' compensation benefits of certain professional athletes.

SB 757 (Solomons - House Sponsor), A bill to be entitled An Act relating to property in the custody of a pawnbroker; providing criminal penalties.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Solomons, Representative McCall offered the following committee amendment to SBi757:

Amend SB 757 as follows:

On Page 4, Line 12, add the following language after "under":

"Chapter 18 and"

Amendment No. 1 was adopted.

Amendment No. 2

On behalf of Representative Solomons, Representative McCall offered the following amendment to SBi757:

Amend SB 757 as follows:

1.) On Page 4, Line 11-12, strike the term "chief law enforcement officer" and replace with the term "peace officer."

2.) On Page 4, Line 12, strike the term "contraband" and replace with the term "property."

Amendment No. 2 was adopted.

SB 760 was deferred until the end of today's Local, Consent, and Resolutions Calendar.

SB 776 (M. Noriega - House Sponsor), A bill to be entitled An Act relating to persons eligible to administer or take a high school equivalency examination.

SB 785 was withdrawn.

CSSB 805 (Taylor - House Sponsor), A bill to be entitled An Act relating to certain small and large employer health cooperatives.

4448 79th LEGISLATURE — REGULAR SESSION

SB 815 (Solis - House Sponsor), A bill to be entitled An Act relating to the long-range plan for the South Texas Health Care System and the provision of tuberculosis and other health care services in the Lower Rio Grande Valley. (Harper-Brown recorded voting no.)

CSSB 826 (Coleman - House Sponsor), A bill to be entitled An Act relating to a study examining the feasibility of providing health services for women with postpartum depression. (Harper-Brown recorded voting no.)

CSSB 827 (Guillen - House Sponsor), A bill to be entitled An Act relating to systems for identifying colonias and for tracking the progress of state-funded projects that benefit colonias and the submission of a related report to the legislature. (Harper-Brown recorded voting no.)

SB 829 (Menendez - House Sponsor), A bill to be entitled An Act relating to the authority of counties to establish petty cash funds.

SB 866 (Howard - House Sponsor), A bill to be entitled An Act relating to the operation of authorized emergency vehicles conducting a police escort.

SB 876 was withdrawn.

SB 920 (Anderson - House Sponsor), A bill to be entitled An Act relating to creating the Texas Treasure Award to honor businesses that have existed in Texas for 50 years or more.

CSSB 921 (Isett - House Sponsor), A bill to be entitled An Act relating to the designation of a portion of Interstate Highway 27 between Lubbock and Amarillo as the Marshall Formby Memorial Highway.

SB 951 (P. King - House Sponsor), A bill to be entitled An Act relating to the operation of certain cemeteries using county resources.

SB 955 (M. Noriega, Merritt, Corte, and Berman - House Sponsors), A bill to be entitled An Act relating to awards for certain members of the state military forces serving on active federal military duty.

SB 967 (Hupp - House Sponsor), A bill to be entitled An Act relating to the creation of the Central Texas Groundwater Conservation District; providing authority to impose a tax and issue bonds.

SB 986 (Hunter - House Sponsor), A bill to be entitled An Act relating to the election of directors of the Wes-Tex Groundwater Conservation District.

CSSB 988 (Flynn - House Sponsor), A bill to be entitled An Act relating to education courses required for a mortgage broker or loan officer license.i(Harper-Brown and Phillips recorded voting no.)

Amendment No. 1

Representative Flynn offered the following amendment to CSSBi988:

Amend CSSB 988 as follows:

1.) On Page 3, Line 14, strike language beginning after "or related trade associations." and replace with the following:

Wednesday, May 25, 2005 HOUSE JOURNAL — 76th Day (cont'd) 4449

The finance commission shall approve any education course approved by the Texas Real Estate Commission, the Mortgage Bankers Association of America, or the National Association of Mortgage Brokers.

(1) The finance commission shall adopt a rule that requires a mortgage broker or loan officer to attend, during the term of the current license, not less than eight hours of continuing education courses related to residential mortgage lending before renewing a license under this section.

Amendment No. 1 was adopted.

CSSB 993 (A. Allen - House Sponsor), A bill to be entitled An Act relating to the creation of the Harris County Improvement District No. 5; providing authority to impose a tax and issue a bond or similar obligation.

Amendment No. 1

On behalf of Representative Talton, Representative A. Allen offered the following amendment to CSSBi993:

Amend CSSB 993 (House committee report) in SECTION 1 of the bill by striking added Section 3834.0055, Special District Local Laws Code (page 3, line 25, through page 4, line 12).

Amendment No. 1 was adopted.

Amendment No. 2

On behalf of Representative Talton, Representative A. Allen offered the following amendment to CSSBi993:

Amend CSSB 993 (House committee report) in SECTION 1 of the bill, in added Section 3834.057(a), Special District Local Laws Code, by striking board position 11 (page 7, line 18) and substituting "11 Dr. Dawn Bradford".

Amendment No. 2 was adopted.

Amendment No. 3

On behalf of Representative Talton, Representative A. Allen offered the following amendment to CSSBi993:

Amend CSSB 993 by inserting the following appropriately numbered SECTION and renumbering subsequent SECTIONS accordingly:

SECTIONii___.ii(a) The Greater Southeast Management District does not include the area of state representative District 146 as of the effective date of the Act enacting this section.

(b)iiDisannexation of territory under this section does not affect the Greater Southeast Management District's right to collect any assessments, impact fees, or taxes imposed on property in the disannexed territory before the disannexation.

(c)iiDisannexation of territory under this section does not diminish or impair the rights of the holders of any outstanding and unpaid bonds, warrants, or other obligations of the district. Property disannexed under this section is not released from its pro rata share of any district indebtedness at the time of the disannexation, and the district may continue to tax the property until that debt is paid.

4450 79th LEGISLATURE — REGULAR SESSION

(d)iiThe residents in the area of state representative District 146 may join the area of the Harris County Improvement District No. 5 by following the procedure for the creation of a new municipal management district in Subchapter B, Chapter 375, Local Government Code.

Amendment No. 3 was adopted.

CSSB 995 (Anderson - House Sponsor), A bill to be entitled An Act relating to donees of anatomical gifts.

SB 998 (Uresti - House Sponsor), A bill to be entitled An Act relating to contracts with local workforce development boards.

SB 1002 (Delisi - House Sponsor), A bill to be entitled An Act relating to creating a TexasOnline project concerning grant assistance provided by state agencies.

SB 1037 (Oliveira - House Sponsor), A bill to be entitled An Act relating to tuition rates for Olympic athletes residing and training in Texas. (Harper-Brown recorded voting no.)

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Dawson, Representative Solis offered the following committee amendment to SBi1037:

Amend SB 1037 on line 8 as follows: Strike "an institution of higher education", substitute "The University of Texas at Brownsville and Texas Southmost College".

Amendment No. 1 was adopted.

SB 1038 (Oliveira - House Sponsor), A bill to be entitled An Act relating to authorizing a special events trust fund to support certain Olympic events, including training and development activities. (Harper-Brown recorded voting no.)

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative B. Cook, Representative Solis offered the following committee amendment to SBi1038:

Amend SB 1038 on page 1, lines 10 and 11 by striking "that has a population of 250,000 [one million] or more and", and substituting" [that has a population of one million or more and]".

Amendment No. 1 was adopted.

SB 1045 (Nixon - House Sponsor), A bill to be entitled An Act relating to insurance or other coverage in lieu of a bond requirement for officers, employees, and consultants of certain conservation and reclamation districts.

SB 1056 was deferred until the end of today's Local, Consent, and Resolutions Calendar.

SB 1063 (Berman - House Sponsor), A bill to be entitled An Act relating to the rates of certain retail public utilities.

Wednesday, May 25, 2005 HOUSE JOURNAL — 76th Day (cont'd) 4451

SB 1088 was withdrawn.

SB 1090 (Menendez and Corte - House Sponsors), A bill to be entitled An Act relating to the powers and duties of a defense base development authority.

SB 1105 (Uresti and Corte - House Sponsors), A bill to be entitled An Act relating to defense adjustment management authorities.

SB 1106 (Casteel - House Sponsor), A bill to be entitled An Act relating to continuing education courses for a county treasurer.

SB 1107 (Casteel - House Sponsor), A bill to be entitled An Act relating to the requirements for removal of a county treasurer.

SB 1108 (Casteel - House Sponsor), A bill to be entitled An Act relating to the bond of a county treasurer.

CSSB 1112 (McCall - House Sponsor), A bill to be entitled An Act relating to debt management services; providing a penalty.

SB 1113 (Dawson - House Sponsor), A bill to be entitled An Act relating to allowing a hospital to release protected health information of a patient to emergency medical services providers for treatment, payment, and health care operations.

SB 1122 (Alonzo and Hartnett - House Sponsors), A bill to be entitled An Act relating to the Board of Law Examiners board member compensation.

CSSB 1130 (Hilderbran - House Sponsor), A bill to be entitled An Act relating to a requirement that a common carrier or pipeline owner or operator report contamination.

SB 1133 (Gonzales - House Sponsor), A bill to be entitled An Act relating to posting notice online of the meetings of certain governmental bodies.

SB 1139 (Frost - House Sponsor), A bill to be entitled An Act relating to monitoring by the Texas Building and Procurement Commission and the Legislative Budget Board of the transfer of surplus or salvage property by state agencies.

SB 1146 (Morrison - House Sponsor), A bill to be entitled An Act relating to an early college education program to provide at-risk and other students accelerated high school graduation and college credit.

Amendment No. 1

Representative Morrison offered the following amendment to SBi1146:

Amend SB 1146 (House Committee Report) in SECTION 1 of the bill, in amended Subsection (d), Section 29.908, Education Code (page 3, line 13), between "program." and "The P-16 Council" by inserting "The Texas Higher Education Coordinating Board may adopt rules as necessary to exercise its powers and duties under this section.".

Amendment No. 1 was adopted.

4452 79th LEGISLATURE — REGULAR SESSION

SB 1147 (Hartnett - House Sponsor), A bill to be entitled An Act relating to the appointment of visiting associate judges.

SB 1151 (Goodman - House Sponsor), A bill to be entitled An Act relating to the use of a voluntary acknowledgment of paternity under the Uniform Interstate Family Support Act.

CSSB 1170 (Crownover - House Sponsor), A bill to be entitled An Act relating to the regulation of gas production by the Railroad Commission of Texas.

SB 1173 (Solomons - House Sponsor), A bill to be entitled An Act relating to the regulation of a perpetual care cemetery and the sale of interment rights in a mausoleum before completion of construction.

Amendment No. 1

On behalf of Representative Bonnen, Representative McCall offered the following amendment to SBi1173:

Amend SB 1173 as follows:

On Page 12, Line 1, add the following and renumber accordingly:

SECTION 5. Section 711.009, Health and Safety Code, is amended by adding subsection (c) to read as follows:

(c) This section applies only to a cemetery located in a municipality with a popluation of 40,000 or more or in a county with a population of 290,000 or more.

Amendment No. 1 was adopted.

CSSB 1175 (Crownover - House Sponsor), A bill to be entitled An Act relating to the regulation of oil and gas production by the Railroad Commission of Texas.

SB 1202 (Chavez - House Sponsor), A bill to be entitled An Act relating to the coordination of colonia initiatives and services to colonia residents.i(Harper-Brown recorded voting no.)

SB 1204 (T. King - House Sponsor), A bill to be entitled An Act relating to erecting an off-premise sign adjacent to and visible from certain roads.

SB 1206 (Casteel - House Sponsor), A bill to be entitled An Act relating to erecting an off-premise sign adjacent to and visible from certain roads.

(Giddings now present)

SB 1226 (Morrison - House Sponsor), A bill to be entitled An Act relating to a study of the reporting requirements imposed on public institutions of higher education.

SB 1238 (Menendez - House Sponsor), A bill to be entitled An Act relating to the creation of a public nuisance by the failure to properly maintain a drainage easement.

SB 1247 (F. Brown - House Sponsor), A bill to be entitled An Act relating to admission to the Joint Admission Medical Program.

Wednesday, May 25, 2005 HOUSE JOURNAL — 76th Day (cont'd) 4453

CSSB 1264 (R. Allen - House Sponsor), A bill to be entitled An Act relating to fees collected for services provided by the Commission on Jail Standards. (Harper-Brown and Phillips recorded voting no.)

SB 1275 (J. Davis - House Sponsor), A bill to be entitled An Act relating to the issuance of certain court orders to protect victims of family violence.

SB 1282 (B. Keffer - House Sponsor), A bill to be entitled An Act relating to insurance and regulatory requirements for certain amusement rides.

CSSB 1283 (Seaman - House Sponsor), A bill to be entitled An Act relating to the application of certain laws to certain commercially domiciled insurers and insurers that are part of an insurance company holding system.

Amendment No. 1

Representative Seaman offered the following amendment to SBi1283:

Amend SB 1283 by striking Sec. 823.015 Subsection (b), on page 1 line 24 through page 2, lines 1 through 12.

Amendment No. 1 was adopted.

SB 1284 (Seaman - House Sponsor), A bill to be entitled An Act relating to certain requirements applicable to health maintenance organizations.

CSSB 1290 (Chisum - House Sponsor), A bill to be entitled An Act relating to the sale or use of certain refrigerants.

CSSB 1340 (Delisi - House Sponsor), A bill to be entitled An Act relating to the regulation and reimbursement of health care services provided through telehealth or telemedicine under the state Medicaid program. (Harper-Brown recorded voting no.)

SB 1345 (Berman - House Sponsor), A bill to be entitled An Act relating to the amount of emergency leave granted by state agencies to state employees on unpaid military leave.

SB 1351 (Hill and Rose - House Sponsors), A bill to be entitled An Act relating to the appeal of certain ad valorem tax determinations through binding arbitration.

SB 1353 (Eissler - House Sponsor), A bill to be entitled An Act relating to the powers and duties of the Town Center Improvement District of Montgomery County, Texas, and of governmental entities and peace officers that interact with the district; providing a penalty.

SB 1370 (Truitt - House Sponsor), A bill to be entitled An Act relating to the disposition of certain tax revenue for the protection and development of grape and wine production.

(Hodge now present)

SB 1377 (B. Cook - House Sponsor), A bill to be entitled An Act relating to certain fees imposed by the secretary of state and the maximum amount that may be imposed in connection with the adoption of a child in another country.

4454 79th LEGISLATURE — REGULAR SESSION

SB 1395 was deferred until the end of today's Local, Consent, and Resolutions Calendar.

SB 1413 (W. Smith - House Sponsor), A bill to be entitled An Act relating to county brownfield cleanup and economic redevelopment programs.

Amendment No. 1

Representative W. Smith offered the following amendment to SBi1413:

Amend SB 1413, on page 2, at the end of line 13, by inserting "is owned by a county or, if not owned by a county, for which the owner applies to a county for brownfield assistance or certification and".

Amendment No. 1 was adopted.

SB 1440 (Luna - House Sponsor), A bill to be entitled An Act relating to the use of sales tax revenue to pay or secure certain municipal public securities. (Kolkhorst recorded voting no.)

SB 1448 (Eiland - House Sponsor), A bill to be entitled An Act relating to the applicability of certain laws relating to portability of certain health benefit coverage provided to school district employees.

SB 1450 (Hopson - House Sponsor), A bill to be entitled An Act relating to judgment interest.

SB 1452 (Oliveira - House Sponsor), A bill to be entitled An Act relating to the Texas Academy of Mathematics and Science at The University of Texas at Brownsville.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative F. Brown, Representative Solis offered the following committee amendment to SBi1452:

Amend SB 1452 (Senate Engrossment) in SECTION 1 of the bill, in added Subsection (c), Section 78.10, Education Code (Page 2, Line 19), by striking "nonresidential,".

Amendment No. 1 was adopted.

SB 1455 (Krusee - House Sponsor), A bill to be entitled An Act relating to the establishment of regional habitat conservation plans by political subdivisions of this state.

SB 1461 (Hegar - House Sponsor), A bill to be entitled An Act relating to the offenses for which the use of wire, oral, or electronic interception devices may be authorized.

SB 1479 (Corte - House Sponsor), A bill to be entitled An Act relating to deferred presentment transactions of certain military personnel or their spouses.

CSSB 1481 (Corte - House Sponsor), A bill to be entitled An Act relating to powers and duties of the Texas Military Preparedness Commission.

Wednesday, May 25, 2005 HOUSE JOURNAL — 76th Day (cont'd) 4455

SB 1491 (Hughes and Alonzo - House Sponsors), A bill to be entitled An Act relating to a fee charged for services provided by the staff of the state law library. (Harper-Brown recorded voting no.)

SB 1498 (Hilderbran - House Sponsor), A bill to be entitled An Act relating to the requirement for water district consent to certain actions by municipalities that provide law enforcement or fire protection services.

SB 1524 (Uresti - House Sponsor), A bill to be entitled An Act relating to fees charged for a vital statistics record. (Harper-Brown and Phillips recorded voting no.)

CSSB 1525 (Delisi - House Sponsor), A bill to be entitled An Act relating to safe patient handling and movement practices of nurses in hospitals and nursing homes.

SB 1533 (Uresti - House Sponsor), A bill to be entitled An Act relating to parking by state employees in state-owned garages.

CSSB 1551 (Driver - House Sponsor), A bill to be entitled An Act relating to the continuation of certain offenses and certain statutes involving the interception of certain communications. (Kolkhorst recorded voting no.)

SB 1558 was withdrawn.

SB 1564 (Van Arsdale - House Sponsor), A bill to be entitled An Act relating to the repeal of the requirement for a surety bond or other proof of financial responsibility for licensure of surplus lines insurance agents.

SB 1569 (T. Smith - House Sponsor), A bill to be entitled An Act relating to audits of state agency expenditures to recover overpayments and lost discounts.

CSSB 1579 (Gonzalez Toureilles - House Sponsor), A bill to be entitled An Act relating to the prohibition of signs on certain roads.

SB 1589 (Swinford - House Sponsor), A bill to be entitled An Act relating to fraudulent documents offered to the county clerk or the secretary of state for filing.

SB 1591 (Seaman - House Sponsor), A bill to be entitled An Act relating to accountant practice requirements for certain audits of insurer financial reports.

SB 1592 (Seaman - House Sponsor), A bill to be entitled An Act relating to special deposits required of certain insurers.

CSSB 1604 (B. Cook - House Sponsor), A bill to be entitled An Act relating to the Neches and Trinity Valleys Groundwater Conservation District.

SB 1635 was withdrawn.

SB 1652 was deferred until the end of today's Local, Consent, and Resolutions Calendar.

SB 1673 (Olivo and R. Allen - House Sponsors), A bill to be entitled An Act relating to the creation of a sheriff's department civil service system in certain counties.

4456 79th LEGISLATURE — REGULAR SESSION

SB 1692 (Isett - House Sponsor), A bill to be entitled An Act relating to storage of wine by the holder of a winery permit.

SB 1693 (Flynn - House Sponsor), A bill to be entitled An Act relating to collateral for deposits of public school funds.

CSSB 1707 (McReynolds - House Sponsor), A bill to be entitled An Act relating to the regulation of poultry facilities.

SB 1730 (Haggerty - House Sponsor), A bill to be entitled An Act relating to the use of ad valorem taxes by a municipality or county for a sports and community venue project. (Kolkhorst recorded voting no.)

CSSB 1751 (D. Jones - House Sponsor), A bill to be entitled An Act relating to the powers and board of directors of the Lubbock Reese Redevelopment Authority; authorizing a bond or similar obligation.

SB 1764 was withdrawn.

SB 1769 (Truitt - House Sponsor), A bill to be entitled An Act relating to administrators of certain hospital districts.

SB 1795 (Olivo - House Sponsor), A bill to be entitled An Act relating to the creation of the Fort Bend County Municipal Utility District No. 177; providing authority to impose a tax and issue bonds; granting the power of eminent domain.

CSSB 1798 (Hegar - House Sponsor), A bill to be entitled An Act relating to the creation of the North Fort Bend Water Authority; providing authority to issue bonds; granting the power of eminent domain; providing an administrative penalty.

CSSB 1807 (Eiland - House Sponsor), A bill to be entitled An Act relating to the power and duties of the Galveston County Municipal Utility District No.i52.

SB 1809 (Seaman - House Sponsor), A bill to be entitled An Act relating to statewide evaluation of tech-prep consortia.

SB 1811 (Haggerty - House Sponsor), A bill to be entitled An Act relating to the ability of certain water supply or sewer service corporations to dissolve and transfer assets to a municipality.

CSSB 1820 (Hegar - House Sponsor), A bill to be entitled An Act relating to the creation of the West Fort Bend Management District; providing authority to levy an assessment, impose a tax, and issue bonds.

SB 1821 (Hupp - House Sponsor), A bill to be entitled An Act relating to the creation of the Flatrock Springs Municipal Management District; granting authority for taxation and the issuance of bonds.

Amendment No. 1

Representative Talton offered the following amendment to SBi1821:

Wednesday, May 25, 2005 HOUSE JOURNAL — 76th Day (cont'd) 4457

Amend SB 1821 (House committee report) in SECTION 1 of the bill, by striking added Section 3818.007, Special District Local Laws Code (page 4, lines 6 through 20) and inserting the following:

Sec. 3818.007. CONTRACT WITH DISTRICT. The district and a municipality in whose extraterritorial jurisdiction the district is located may enter into development agreements under Subchapter G, Chapter 212, Local Government Code, concerning development of the property within the district and annexation of all or a portion of the district by the municipality.

Amendment No. 1 was adopted.

CSSB 1823 (Kuempel - House Sponsor), A bill to be entitled An Act relating to the creation of the Schertz Municipal Utility District No. 1; providing authority to impose a tax and issue bonds; granting the power of eminent domain.

SB 1826 (P. King - House Sponsor), A bill to be entitled An Act relating to the creation, administration, powers, duties, functions, operations, and financing of the Parker County Special Utility District; granting the power of eminent domain.

CSSB 1829 was deferred until the end of today's Local, Consent, and Resolutions Calendar.

CSSB 1831 (Luna - House Sponsor), A bill to be entitled An Act relating to the creation of the Corpus Christi Aquifer Storage and Recovery Conservation District.

SB 1832 was deferred until the end of today's Local, Consent, and Resolutions Calendar.

SB 1840 (Escobar - House Sponsor), A bill to be entitled An Act relating to the Willacy County Drainage District No. 1; providing the authority to impose a tax.

SB 1844 (Morrison - House Sponsor), A bill to be entitled An Act relating to scholarships for the fifth year of accounting programs at public and private institutions of higher education.

SB 1846 (Gonzalez Toureilles - House Sponsor), A bill to be entitled An Act relating to the powers and duties of the Karnes County Hospital District.

SB 1849 was withdrawn.

SB 1853 (T. King - House Sponsor), A bill to be entitled An Act relating to the distribution of assessments charged by Bexar-Medina-Atascosa Counties Water Control and Improvement District No. 1.

SB 1856 was withdrawn.

SB 1866 (Taylor - House Sponsor), A bill to be entitled An Act relating to the creation of the Dickinson Management District No. 1; providing authority to impose an assessment, impose a tax, and issue bonds.

4458 79th LEGISLATURE — REGULAR SESSION

SB 1867 (J. Davis - House Sponsor), A bill to be entitled An Act relating to the creation of the NASA Area Management District; providing authority to impose an assessment, impose a tax, and issue bonds.

CSSB 1871 (Bonnen - House Sponsor), A bill to be entitled An Act relating to the creation of the Brazoria County Municipal Utility District No. 44; providing authority to impose a tax and issue bonds; granting the power of eminent domain.

CSSB 1872 (Howard - House Sponsor), A bill to be entitled An Act relating to the addition of road district powers to the Fort Bend County Municipal Utility District No. 134.

CSSB 1873 (Hegar - House Sponsor), A bill to be entitled An Act relating to the creation of the Fort Bend County Municipal Utility District No. 167; providing authority to impose taxes and issue bonds; granting the power of eminent domain.

SB 1875 (Martinez and Gonzales - House Sponsors), A bill to be entitled An Act relating to the creation of an additional county court at law in Hidalgo County.

MESSAGE FROM THE SENATE

A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 3).

LOCAL, CONSENT, AND RESOLUTIONS CALENDAR

(consideration continued)

CSSB 1881 (Laubenberg - House Sponsor), A bill to be entitled An Act relating to the validation, annexation, powers, and duties of the Parker Creek Municipal Utility District of Rockwall County; providing authority to impose a tax and issue bonds; granting the power of eminent domain.

SB 1883 (F. Brown - House Sponsor), A bill to be entitled An Act relating to the lands managed and controlled by the board of regents of The Texas A&M University System.

SB 1888 (Van Arsdale - House Sponsor), A bill to be entitled An Act relating to the creation of the Harris County Municipal Utility District No. 465; providing authority to impose a tax and issue bonds; granting the power of eminent domain.

SB 1889 (Van Arsdale - House Sponsor), A bill to be entitled An Act relating to the creation of the Harris County Municipal Utility District No. 464; providing authority to impose a tax and issue bonds; granting the power of eminent domain.

CSSB 1891 (Seaman - House Sponsor), A bill to be entitled An Act relating to the creation of the La Salle Water Control and Improvement District No. 1; providing authority to impose a tax and issue bonds; granting the power of eminent domain.

Wednesday, May 25, 2005 HOUSE JOURNAL — 76th Day (cont'd) 4459

CSSB 1892 (Uresti - House Sponsor), A bill to be entitled An Act relating to the creation of the Espada Development District; providing authority to impose taxes and issue bonds.

Amendment No. 1

Representative Uresti offered the following amendment to CSSBi1892:

Amend CSSB 1892 as follows:

(1)iiIn Section 1 of the bill, in added Section 3833.003(b), Special District Local Laws Code (page 2, line 8), strike "body's consent may be conditional, as" and substitute "body may condition its consent on any terms".

(2)iiIn Section 1 of the bill, in added Section 3833.021(b)(1), Special District Local Laws Code (page 5, line 5), strike "initial".

(3)iiIn Section 1 of the bill, in added Subchapter B, Chapter 3833, Special District Local Laws Code (page 8, between lines 13 and 14), insert a new Section 3833.0601 as follows:

Sec.i3833.0601.iiREPORTING REQUIREMENTS. (a) After each board meeting, and at least once per month, the board shall provide a written status report to each state senator and state representative who represents a portion of the district.

(b)iiThe report must include a copy of the board minutes, provide information on the progress of development in the district, and include information on district finances, obstacles to progress, successes, and all other important matters.

(c)iiThis section expires January 1, 2007.

(4)iiIn Section 1 of the bill, in added Section 3833.151(b)(12), Special District Local Laws Code (page 11, line 14), strike "City Public Service" and substitute "CPS Energy".

(5)iiIn Section 1 of the bill, in added Section 3833.151(c), Special District Local Laws Code (page 11, line 16), strike "(b)(4)-(12)" and substitute "(b)(4)-(11)".

(6)iiIn Section 1 of the bill, in added Subchapter H, Chapter 3833, Special District Local Laws Code (page 20, between lines 18 and 19), insert a new Section 3833.359 as follows:

Sec.i3833.359.iiPLEDGES. (a) The district may pledge to the payment of the principal or interest or any other amounts due under district bonds all or any part of:

(1)iidistrict taxes;

(2)iirevenue from a public improvement financed under this chapter, except as provided by Subsection (c); or

(3)iimoney from grants, donations, or other income or funds received or to be received from any public or private entity.

(b)iiThe district shall set and collect the pledged funds in amounts that are at least sufficient, with any other pledged resources, to provide for all payments of principal, interest, and any other amounts due or required in connection with the bonds and, to the extent required by the order or resolution authorizing the

4460 79th LEGISLATURE — REGULAR SESSION

(c)iiThe district may not encumber, or pledge revenue under this section from, a public improvement that the district may be required to transfer under Section 3833.151.

(7)iiIn Section 1 of the bill, in added Chapter 3833, Special District Local Laws Code, between Subchapters H and I (page 20, line 19), strike "3833.359-3833.400 reserved for expansion" and substitute "3833.360-3833.400 reserved for expansion".

Amendment No. 1 was adopted.

SB 1894 (B. Brown - House Sponsor), A bill to be entitled An Act relating to the creation, powers, management, and boundaries of certain utility districts and a water control and improvement district in Kaufman County; providing authority to impose a tax and issue bonds; granting the power of eminent domain.

SCR 12 (Hilderbran - House Sponsor), Honoring The Crickets of Lubbock for their pioneering contributions to rock and roll.

SCR 15 was withdrawn.

SCR 16 (Casteel - House Sponsor), Recognizing the Texas wine industry.

SCR 17 (Casteel - House Sponsor), Requesting Texas institutes of higher education to offer education and research opportunities in viticulture and enology.

SCR 18 (Casteel - House Sponsor), Memorializing Congress to enact legislation to provide funding to support the protection and growth of the Texas wine industry.

SCR 19 (Casteel - House Sponsor), Requesting the Texas Wine Marketing Research Institute at Texas Tech University to include comparisons of the economic impacts of the states in the wine industry.

SCR 21 (Rodriguez - House Sponsor), Authorizing the naming of the natatorium at the Texas School for the Deaf in Austin for LeRoy Colombo.

SCR 27 (Branch - House Sponsor), Memorializing Congress to eliminate current caps on funded Medicare resident training slots and related limits on costs per resident used to determine Medicare graduate medical education reimbursement payments.

SCR 30 (Chavez - House Sponsor), Urging the State of Texas to continue to pursue increased trade with Mexico and to develop a plan with Mexico to mitigate delays at border crossings.

SCR 36 (Flores - House Sponsor), Honoring Paula C. Flowerday, executive director of the Texas Racing Commission, as she concludes her outstanding tenure with the agency.

SB 1870 (Laney - House Sponsor), A bill to be entitled An Act relating to the board of directors of the Permian Basin Underground Water Conservation District; validating certain district actions and proceedings.

Wednesday, May 25, 2005 HOUSE JOURNAL — 76th Day (cont'd) 4461

HCR 154 (by Pitts), Designating the Lake Whitney area as the Getaway Capital of Texas.

HCR 157 (by Hilderbran), Directing the Texas Building and Procurement Commission to have a Texas Youth Commission facility in San Saba County named after John Shero.

Amendment No. 1

Representative Hilderbran offered the following amendment to HCRi157:

Amend HCR 157 as follows:

(1) On page 2, line 13, strike "direct" and insert "encourage".

Amendment No. 1 was adopted.

HCR 166 (by Chisum), Memorializing congress to increase funding to the fully authorized level and include advance funds for the Low Income Home Energy Assistance Program and to pursue a more equitable funding allocation formula for the program.

HCR 172 (by Escobar, Anchia, Guillen, and Peña), Designating Jim Hogg County as the official Vaquero Capital of Texas.

HCR 187 (by Rose), Designating the Hill Country as the Official Lavender Growing Region of Texas.

HCR 188 (by Rose), Designating the Blanco Lavender Festival as the Official Lavender Festival of Texas.

HCR 193 (by J. Davis, et al.), Supporting Texas' application for a Mental Health Transformation State Incentive Grant from the U.S. Department of Health and Human Services.

HCR 208 (by Coleman, et al.), Encouraging the board of regents of Texas Southern University to name a building, an outdoor plaza, or an interior space of honor on the campus after the Honorable Joe E. Moreno.

HR 1346 (by Laubenberg), Recognizing May 3, 2005, as Texas Heart Healthy Day at the State Capitol.

HR 1431 (by Dunnam), Opposing any proposal to close the Waco Veterans Affairs Hospital.

HR 1593 (by J. Keffer), Directing law enforcement agencies in this state to enforce laws prohibiting illegal use of anabolic steroids by public school students engaged in extracurricular activities.

(Solomons now present)

CSSB 331 (Hamric - House Sponsor), A bill to be entitled An Act relating to the powers and duties of the North Harris County Regional Water Authority.

SB 338 (J. Keffer - House Sponsor), A bill to be entitled An Act relating to the amount of the use tax imposed on certain motor vehicles brought into this state by a new resident.

4462 79th LEGISLATURE — REGULAR SESSION

SB 760 (Straus - House Sponsor), A bill to be entitled An Act relating to the classification of open-space land into categories for purposes of appraising the land for ad valorem tax purposes.

SB 1056 was withdrawn.

SB 1395 (Grusendorf - House Sponsor), A bill to be entitled An Act relating to the establishment of high school diploma programs by Job Corps training programs under the United States Department of Labor.

SB 1652 (Hill - House Sponsor), A bill to be entitled An Act relating to the administration of ad valorem taxation and to certain measures involving school district property values.

Amendment No. 1 (Committee Amendment No. 1)

Representative Hill offered the following committee amendment to SBi1652:

Amend SB 1652, by adding the following Sections to read as follows:

SECTION . Section 21.02, Tax Code, is amended by adding Subsection (d) to read as follows:

(d) A motor vehicle does not have taxable situs in a taxing unit under Subsection (a)(1) if, on January 1, the vehicle:

(1) has been located for less than 60 days at a place of business of a person who holds a wholesale motor vehicle auction general distinguishing number issued by the Texas Department of Transportation under Chapter 503, Transportation Code, for that place of business; and

(2) is offered for resale.

SECTION . Section 22.04, Tax Code, is amended by adding Subsection (d) to read as follows:

(d) This section does not apply to a motor vehicle that on January 1 is located at a place of business of a person who holds a wholesale motor vehicle auction general distinguishing number issued by the Texas Department of Transportation under Chapter 503, Transportation Code, for that place of business, and that:

(1) has not acquired taxable situs under Section 21.02(a)(1) in a taxing unit that participates in the appraisal district because the vehicle is described by Section 21.02(d);

(2) is offered for sale by a dealer who holds a dealer's general distinguishing number issued by the Texas Department of Transportation under Chapter 503, Transportation Code, and whose inventory of motor vehicles is subject to taxation in the manner provided by Sections 23.121 and 23.122; or

(3) is collateral possessed by a lienholder and offered for sale in foreclosure of a security interest.

Amendment No. 1 was adopted.

SB 1829 was withdrawn.

SB 1832 was withdrawn.

Wednesday, May 25, 2005 HOUSE JOURNAL — 76th Day (cont'd) 4463

INTRODUCTION OF GUESTS

The chair recognized Representative Eiland who introduced Casey Gaido, Hudnall Shannon, Garret Godwin, and Will Hamilton of Gaido's Seafood and Ben Nelson, Eddie Nelson, and Tracy Woody of Jeri's Seafood.

LEAVE OF ABSENCE GRANTED

The following member was granted leave of absence temporarily for today to attend a meeting of the conference committee on HB 7 and SB 5:

Zedler on motion of Homer.

HR 1903 - ADOPTED
(by Swinford)

Representative Swinford moved to suspend all necessary rules to take up and consider at this time HRi1903.

The motion prevailed.

The following resolution was laid before the house:

HR 1903, Congratulating Bell Helicopter Textron in Amarillo on achieving the National Leader level of the Clean Texas, Cleaner World program of the Texas Commission on Environmental Quality.

HR 1903 was read and was adopted.

On motion of Representative W. Smith, the names of all the members of the house were added to HRi1903 as signers thereof.

INTRODUCTION OF GUESTS

The chair recognized Representative Swinford who introduced Jim Cumbest and George Hurring of Bell Helicopter Textron.

PROVIDING FOR ADJOURNMENT

Representative Casteel moved that, at the conclusion of the signing of bills in the presence of the house, the house adjourn until 1:50 p.m. today in memory of Otis E. Hendricks of New Braunfels.

The motion prevailed.

BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER

Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, House List No. 51 and Senate List No. 29).

(Corte in the chair)

ADJOURNMENT

In accordance with a previous motion, the house, at 1:38 p.m., adjourned until 1:50 p.m. today.

4464 79th LEGISLATURE — REGULAR SESSION

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AAAAAADDENDUMAAAAA

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SIGNED BY THE SPEAKER

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

House List No. 51

HBi56, HBi57, HBi68, HBi93, HBi209, HBi240, HBi248, HBi252, HBi258, HBi291, HBi322, HBi345, HBi352, HBi410, HBi422, HBi481, HBi540, HBi544, HBi549, HBi551, HBi598, HBi657, HBi788, HBi798, HBi841, HBi856, HBi874, HBi956, HBi993, HBi1045, HBi1059, HBi1095, HBi1098, HBi1107, HBi1137, HBi1170, HBi1179, HBi1213, HBi1224, HBi1232, HBi1235, HBi1267, HBi1283, HBi1318, HBi1339, HBi1346, HBi1394, HBi1403, HBi1458, HBi1481, HBi1485, HBi1586, HBi1599, HBi1630, HBi1642, HBi1645, HBi1685, HBi1697, HBi1705, HBi1734, HBi1747, HBi1791, HBi1833, HBi1892, HBi1938, HBi2017, HBi2018, HBi2019, HBi2039, HBi2080, HBi2108, HBi2172, HBi2193, HBi2200, HBi2223, HBi2272, HBi2275, HBi2331, HBi2371, HBi2390, HBi2587, HBi2701, HBi2746, HBi2868, HBi2885, HBi2900, HBi2902, HBi2921, HBi2932, HBi3010, HBi3098, HBi3111, HBi3113, HBi3163, HBi3195, HBi3199, HBi3263, HBi3481, HBi3527, HBi3534, HBi3546, HBi3547, HBi3569, HBi3574, HBi3582, HCRi6, HCRi195, HJRi87

Senate List No. 29

SBi261, SBi736, SBi833, SBi863, SBi1214, SBi1792, SBi1800, SBi1801, SBi1802, SBi1803, SBi1804, SBi1805, SBi1808, SBi1810, SBi1855

MESSAGES FROM THE SENATE

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

Message No. 2

MESSAGE FROM THE SENATE

SENATE CHAMBER

Austin, Texas

Wednesday, May 25, 2005 - 2

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:

Wednesday, May 25, 2005 HOUSE JOURNAL — 76th Day (cont'd) 4465

Relating to the civil and criminal consequences of engaging in conduct related to the manufacture of methamphetamine and to the distribution and retail sales of certain chemical substances.

(COMMITTEE SUBSTITUTE/AMENDED)

Relating to the applicability of the offense of unlawful carrying of weapons to certain persons and to the consequence of certain presumptions in the prosecution of a criminal offense.

(COMMITTEE SUBSTITUTE/AMENDED)

Relating to the adoption of ad valorem tax rates by taxing units and to related tax bills.

(COMMITTEE SUBSTITUTE/AMENDED)

Relating to certain duties of state agencies with regard to members of the United States armed forces and their dependents and the communities in which they reside.

(COMMITTEE SUBSTITUTE/AMENDED)

Relating to the environmental regulation and remediation of dry cleaning facilities; imposing a penalty.

(AMENDED)

Relating to the administration and collection of ad valorem taxes, including the transfer of an ad valorem tax lien and a contract for foreclosure of an ad valorem tax lien; amending, correcting, and clarifying the Tax Code, Property Code, and Civil Practice and Remedies Code.

(AMENDED)

Relating to the P-16 Council and to the functioning of certain educational programs.

(COMMITTEE SUBSTITUTE/AMENDED)

Relating to the operation of a motor vehicle.

(COMMITTEE SUBSTITUTE/AMENDED)

Relating to ex parte petitions for the expunction of criminal records and files.

(AMENDED)

Respectfully,

Patsy Spaw

Secretary of the Senate

4466 79th LEGISLATURE — REGULAR SESSION

Message No. 3

MESSAGE FROM THE SENATE

SENATE CHAMBER

Austin, Texas

Wednesday, May 25, 2005 - 3

The Honorable Speaker of the House

House Chamber

Austin, Texas

Mr. Speaker:

I am directed by the senate to inform the house that the senate has taken the following action:

THE SENATE HAS PASSED THE FOLLOWING MEASURES:

Recalling SB 1708 from the governor.

Respectfully,

Patsy Spaw

Secretary of the Senate

Wednesday, May 25, 2005 HOUSE JOURNAL — 76th Day (cont'd) 4467