Senate Transcript, May 19, 2011

SENATOR KEVIN ELTIFE: Senate will come to order. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: A quorum is present. Senator Watson, you're recognized.

SENATOR KIRK WATSON: Thank you very much, Mr. President. Members, it's my great privilege to introduce to you His Excellency Joseph F. Vasquez. Bishop Vasquez is the fifth Bishop of the Diocese of Austin. He's here today to deliver our invocation. He was installed as the Bishop of the Diocese of Austin on March 8th of 2010. In January 2002 Bishop Vasquez was installed as Auxiliary Bishop of the Arch Diocese of Galveston Houston. He attended Stanford Abilene public schools and then studied theology at the University of St. Thomas in Houston from 1976 to 1980. He attended the Gregorian University North American College in Rome from 1980 to 1985 and was ordained a priest for the Diocese of St. Anglo in June of 1984. In the Diocese of St. Anglo he served as associate pastor of St. Joseph's parish in Odessa from 1985 to 1987, as pastor of St. Joseph Parish in Fort Stockton from 1987 to '98 and as pastor of St. Joseph parish from 1997 to 2002. The bishop was the -- he was with the Arch Diocese of Galveston Houston and he was the instructor of -- I'm sorry, vicar general and chancellor overseeing the administrative operations of the largest Diocese in Texas and the 11th largest Diocese in the United States. He has also served as the Episcopal vicar for Hispanics and was the arch Diocese liaison for youth during the years he was in Galveston and Houston. We are very pleased that His Excellency is here with us today. And, members, please help me in welcoming Bishop Joe Vasquez.

SENATOR KEVIN ELTIFE: Will all on the floor and in the gallery please rise for the invocation to be delivered by Bishop Joe Vasquez Diocese of Austin.

PASTOR: Lord God, our Father, we humbly invoke Your blessing over the Texas Senate and each of its members. We thank You for Your staff and for those who collaborate with them so your work may be accomplished. May they dedicate themselves to bringing about a just society in their role as public servants. You have created us in your likeness and image which was a blessing and a responsibility. Lord, guide us in Your wisdom, comfort us with Your mercy, protect us with your power and help us to seek justice. Human dignity is Your gift to us. Mindful of this gift help us to be kind and respectful towards others who may disagree with us. Father, we ask You to guide these senators as they deliberate serious and important issues. Help them to conquer anger with generousness and greed with generosity. May they seek the common good for all Texans especially the weak, the vulnerable and the poor. As we seek to be faithful citizens, form our consciences so we may exercise and enact laws according to Your will. Let our conscience be clear, our conduct without fault, our speech blameless, our lives well ordered. God bless Texas. Amen.

SENATOR KEVIN ELTIFE: Bishop, thank you for being here. You may be seated. Members, Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there objection? The Chair hears none, so ordered. Mr. Doorkeeper.

MR. DOORKEEPER: Mr. President, there's a messenger from the House.

SENATOR KEVIN ELTIFE: Admit the messenger.

MESSENGER: Thank you, Mr. President. Mr. President, I'm directed by the House to inform the Senate that the House has taken the following action, the House has passed the following measures --

SENATOR KEVIN ELTIFE: Thank you, Mr. Messenger. The Chair recognizes Senator Estes to introduce the doctor of the day.

SENATOR CRAIG ESTES: Thank you, Mr. President and members. It's my honor to introduce today our doctor for the day from Weatherford, Texas Dr. Mark Etson. Dr. Etson, a practicing family physician in Weatherford, Texas, graduated from the University of Texas at San Antonio Medical School in 1979. Dr. Etson is a member of the American Academy of Family Physicians as well as the Texas Medical Association and he has been with us before. We welcome him back, please join me in welcoming Dr. Mark Etson to the Texas Senate.

SENATOR KEVIN ELTIFE: Thank you, Senator Estes. Dr. Etson, thank you for being here today. Chair lays out the following resolution. Secretary please read the resolution.

PATSY SPAW: Senate Resolution 941 commending Central Health Community Care and the University of Texas at Austin school of nursing for the creation of a family nurse practitioner residency program by Watson.

SENATOR KEVIN ELTIFE: Chair recognizes Senator Watson on the resolution.

SENATOR KIRK WATSON: Thank you very much, Mr. President. Members, I am really pleased to recognize Travis County Central Health Community Care and the University of Texas School of Nursing for their new partnership and their efforts to address the shortage of primary health care providers in our state. These three organizations have joined together to develop a family nurse practitioner residency program here in Austin. This program is among the first such programs nationwide. Community Care with 20 health center sites in Travis County will serve as a residency site and will provide teachers and mentors for the students. The school of nursing will recruit students and administer the one year residency program. Finally Central Health will fund this important initiative. Members, this is an example, just one example of an innovative approach to a very serious problem that's growing in central Texas and growing in the state as a whole. Together they're addressing the shortage of primary health care providers head on. It's my honor to recognize their work before the Texas Senate and wish them the best of luck in all the efforts because we badly need you to be successful. Joining us on the floor today, members, is Dr. Linda Carpenter the assistant dean of school of nursing, Fletcher Brown, the board chair of Community Care and Dr. Thomas Coopwood the board chair of Central Health. Members, help me in welcoming and thanking them for their service on this very important endeavor. Mr. President, I move passage of Senate Resolution 941.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Watson. Is there objection? Chair hears none, resolution is adopted. Members, we have a memorial resolution. Chair lays out the following resolution. Secretary please read the resolution.

PATSY SPAW: Senate Resolution 996 in memory of Ashley Terese Perritt Harrison of Dallas who died April the 27th, 2011, at the age of 22 by Carona, Nelson, and Zaffirini.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Carona on the resolution.

SENATOR JOHN CARONA: Thank you, Mr. President. Mr. President and members, today we join the citizens of Dallas in mourning the loss of Ashley Terese Perritt Harrison. Ashley was born on January 10th, 1989, in Dallas and she was attending the University of Alabama when she lost her life recently in the tornado that struck Tuscaloosa. This was an exemplary young woman, Ashley was strong in character, she was high spirited, she was generous and above all she was compassionate. She'll be greatly missed by her family and all who were privileged to share in her life. We have very special guests today on the Senate floor joining us, we're honored to have Darlene and David Harrison, Ashley's parents, Maryann and David Perritt, Ashley's grandparents, and Maryann Perritt II, Ashley's uncle. This was a very unfortunate, very tragic loss of a beautiful young woman but we are very privileged today to be able to recognize through this motion. I move passage, members, of Senate Resolution 996 and I ask that when the Senate adjourn today, we do so in memory of Ashley Terese Perritt Harrison. Senator Nelson is also -- she's not on the floor at the moment -- but she is also joining in this resolution and, in fact, I thank Senator Nelson and her staff for putting this process in action today. I move again adoption.

SENATOR KEVIN ELTIFE: Thank you, Senator Carona. Members, Senator Carona has moved adoption of the resolution. All those in support of the resolution please rise. Resolution is adopted. The Chair recognizes Senator Lucio for an introduction.

SENATOR EDDIE LUCIO: Thank you, Mr. President. Members, at this time I would like us to welcome a fine group of students from my district who are in Austin today learning about our historic Capitol and the legislative process. Now, will the parents and students and faculty from Gonzales Elementary in Wesloka please rise? Rise there in the west gallery. Mr. President and members, please help me give a Texas size hello to these outstanding young individuals and welcome them to their state Capitol. It's great to have you here.

SENATOR KEVIN ELTIFE: Thank you, Senator Lucio. Welcome to the Texas Senate. Chair lays out the following resolution. Secretary please read the resolution.

PATSY SPAW: Senate Resolution 1033 congratulating Mickey Gilley on his long and successful career in country music by Jackson.

SENATOR KEVIN ELTIFE: Chair recognizes Senator Jackson on the resolution.

SENATOR MIKE JACKSON: Thank you, Mr. President and members. If we could have your attention for just a minute. It's my pleasure to have a very special guest today on the Senate floor with us and that's Mr. Mickey Gilley. Welcome, sir. He doesn't really need a whole lot of introduction but I want to tell you -- I want to say a few things. He's a legend in country music, he's well known for his role in the Urban Cowboy filmed at the Gilley's Club in Pasadena, Texas. Singles such as A Room Full of Roses, I Overlooked an Orchid, and the one that we always know rings with so much truth, Don't the Girls All Get Prettier at Closing Time. And I know y'all remember Stand By Me. Mr. Gilley has been honored with countless awards over the years, was named the Entertainer of the Year by the Academy of Country Music in 1976. Additionally he was inducted into the Delta Music Museum Hall of Fame in Ferrty, Louisiana in 2002. His many years in the business, Mickey Gilley has established himself as a leader and innovator in country music, and he's helped to solidify Texas as a center of great music and talented performers. On the Senate floor today we have the one and only Mr. Mickey Gilley, we have his daughter Cathy, would you wave? And his son Michael, we want to welcome you. We also have our great mayor of Pasadena Mayor Johnnie Isabel and Mr. Gilley's associate Trey Payne. Members, it's my privilege to introduce these guests. We also have a contingent of people from Pasadena that are seated up here in the west gallery. Would y'all please stand up and be recognized. Some of the delegation that came down with Mr. Gilley. He is now performing in Branson, Missouri and I want to tell you, we were able to -- and honored to be able to go have dinner with him last night at a place in Austin called Eddy B's and I know some of y'all have been there before and some of the lucky patrons there got to listen to Mr. Micky Gilley perform three songs and it was just a special moment there. We've -- I know that Senator Watson came over here just a moment ago and was telling me that on his Ipad he has Mickey Gilley songs there and I wanted to yield to him for just a second. So he shared a little bit of history and going into Pasadena. I don't know, Senator Watson, if you told me that you had been to the Gilley's Club off Spencer Highway there in Pasadena and I know it's unbelievable to most people in this Senate chamber that I actually went there a few times as well, but the thing that always stuck in my mind is you drove into that parking lot I think Mr. Gilley had a deal with the auto repair people because of the size of the potholes in the parking lot out there, because if you didn't have a big pickup or something you may end up needing assistance. But, Mr. President, I would certainly like to yield to Senator Watson.

SENATOR KEVIN ELTIFE: Senator Watson, you're recognized.

SENATOR KIRK WATSON: Thank you, Mr. President. And, Senator Jackson, thank you very much for bringing this resolution. And Mr. Gilley, thank you very much for all you have meant to the state of Texas and music in general. I was sharing just a minute ago with Mr. Gilley that I do have here on my Ipad three of my favorite Mickey Gilley songs and I was also sharing with Senator Jackson that one of my fondest memories growing up while -- I told Mr. Gilley -- he asked me if I'd ever been on that bull and I told him he shouldn't be asking a politician questions like that because we might just lie to you. But my favorite memory's really about the music was as a young man working outside and listening to your music and singing like we thought we could really sing it, but songs like Headache Tomorrow or Heartache Tonight, things like that stay with you forever and thank you very much for all you have done for our state and what you have done for country music.

SENATOR KEVIN ELTIFE: Thank you, Senator Watson. Senator Lucio, you're recognized on the resolution.

SENATOR EDDIE LUCIO: Thank you. This is a real treat for me, Mickey, right here. I just want everyone to know I wore out a couple of boots down in Gilley's. I wish it would have been part of my district back then. I just want to say that he came down to do a concert one time in Brownsville, Texas and I tell you what he was just a bright star in all of our hearts. And talking about hearts I think his heart is as big as Texas and Texas is a pretty big state, Mickey. We're happy to have you here, my brother plays a little country music so we're partial to country music and I just want you to know that we too share with Senator Jackson and everyone that you have really contributed so much not only to country music but as a citizen, a great citizen that you are of this state and country. We cherish what you've done and we applaud you and we're thrilled. Now, members, I tried to get close to the stage, it was pretty hard because he had all these beautiful women by the stage, but today I finally get to shake his hand. So I'm pretty happy. Mickey, welcome to the Texas Senate and God bless you.

SENATOR KEVIN ELTIFE: Thank you, Senator Lucio. Senator Huffman, you're recognized on the resolution.

SENATOR JOAN HUFFMAN: Thank you, Mr. President. I wanted to join with Senator Jackson in welcoming you, Mr. Gilley, to the Texas Senate. I represent parts of Houston, so those of us from that area remember fondly -- I guess we're all confessing here today -- that I may have danced a few times around that dance floor too and I want to welcome the folks from Pasadena, glad to have you here. Thanks for all you've contributed for bringing such a form of entertainment to Houston, to Pasadena, and for all the fond memories that we have of the good times and your wonderful establishment. Thank you for being here today. You honor us by being here today. Thank you, sir.

SENATOR KEVIN ELTIFE: Thank you, Senator Huffman. Senator Gallegos, you're recognized.

SENATOR MARIO GALLEGOS: Thank you, Mr. President. I also want to join Senator Jackson in this resolution. Mickey, I'm a Houston firefighter and obviously the first time I went over there, my firefighters carried me over there and it was hard because there weren't too many Latinos going into Mickey Gilley's but there were some cowboys back then that were from the Houston fire department going on a regular basis. So when we had Fridays and Saturdays off, we were there at Gilley's. So -- and I represent part of Pasadena not the part Gilley's was in but I remember the good times. I really enjoyed urban cowboy and plus your music. It's outstanding but I just wanted to tell you I'm one of those firefighters that used to go in there a lot. Thank you, Mickey.

SENATOR KEVIN ELTIFE: Thank you, Senator Gallegos. Senator Jackson to close on the resolution.

SENATOR MIKE JACKSON: Thank you, Mr. President. Members, I want to thank you for all your remarks and this gentleman is truly a special Texan and it's really a privilege and honor to have you here on the floor today as our guest and we just want to say thank you for everything that you've done, best wishes in the future. And members, please join me in welcoming our guest to the Senate floor, thank you very much.

SENATOR KEVIN ELTIFE: Senator Jackson moves adoption of the resolution. Is there objection? Chair hears none, resolution is adopted. Thank you, Senator Jackson. The Chair recognizes Senator Watson for an introduction.

SENATOR KIRK WATSON: Thank you, Mr. President, members. I would like to introduce a special group from my district who's visiting the Texas Capitol here today. Students from the LBJ High School are here as part of the Junior Achievement Job Shadow Day. Along with their teachers, the students are accompanied by Linda Powell, one of the program coordinators and Evan Munoz from AT&T. There they are, they're standing here. Let's welcome these students, let's give them a warm welcome to the Texas Senate.

SENATOR KEVIN ELTIFE: Thank you, Senator Watson. Members, if there's no objections, I would like to postpone the reading and referral of bills until the end of today's session. Is there objection? Chair hears none, the reading and referral is postponed. Members, that concludes the morning call. Senator Gallegos is recognized for a motion to suspend the regular order of business on Committee Substitute to SB1920.

SENATOR MARIO GALLEGOS: Thank you, Mr. President. I move to suspend the Senate's regular order of business in order to take up and consider the Committee Substitute to Senate Bill 1920. There we go. The coastal -- this is the Coastal Water Authority was created by the legislature in 1967 as a conservation and reclamation district. One of its purposes is to provide service water regional municipality and industries. The Committee Substitute refines the Coastal Water's authority existing park powers to ensure that it has the flexibility to undertake wetland and other environmental mitigation activities in connection with the construction of regional water projects and activities. It also authorizes the Coastal Water Authority to sale or trade credits produced from its mitigation activities and pledge such activities to the aviation bonds. Mr. President, I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Gallegos moves suspension of the regular order of business to take up and consider Committee Substitute to SB1920. Is there any objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to SB1920. The secretary will read the caption.

PATSY SPAW: Committee Substitute to SB1920 relating to the powers of the Coastal Water Authority.

SENATOR KEVIN ELTIFE: Senator Gallegos is recognized for a motion.

SENATOR MARIO GALLEGOS: Thank you, Mr. President. I move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Gallegos moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1920 is passed to engrossment. Senator Gallegos, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR MARIO GALLEGOS: Thank you, Mr. President. I move to suspend the three day rule.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1920. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1920 relating to powers of the Coastal Water Authority.

SENATOR KEVIN ELTIFE: Senator Gallegos, you're recognized for a motion.

SENATOR MARIO GALLEGOS: Thank you, Mr. President. I move final passage.

SENATOR KEVIN ELTIFE: Senator Gallegos now moves final passage of Committee Substitute SB1920. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute SB1920 is finally passed. Congratulations, Senator Gallegos.

SENATOR MARIO GALLEGOS: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Senator Huffman, you're recognized for a motion to suspend the regular order of business to take up and consider House Bill 1774.

SENATOR JOAN HUFFMAN: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider House Bill 1774. House Bill 1774 is the sunset bill for the Office of Injured Employee Counsel. Also called OIEC. It was created in 2005 when the legislature abolished the Texas Worker's Compensation Commission. Transferred its regulatory duties to the Department of Insurance, TDI, moved its employee assistant functions to OIEC. OIEC represents the interest of worker's comp complaints by assisting represented injured employees in navigating the provision of worker's comp dispute resolution process. The office also advocates on behalf of injured employees as a class in rule making and judicial proceedings, informs injured employees and beneficiaries about the comp system and assist those individuals in obtaining fees and files amicus curiae briefs with courts on issues of importance to injured employees as a class. House Bill 1774 continues the office for six years to coincide with the next sunset review of the division of worker's comp. It limits the office's authority to assess claim files for injured employees the office is not directly assisting, it clarifies that OIEC has the same access to information that another similarly situated party has and is allowed access to a claim file when assisting an employee. It gives the office authority to seek and receive grants for funding for its programs. It gives the office an additional month in preparing a legislative report in providing OIEC with a more up-to-date and thorough report on the comp system to the legislature as it affects issues of injured employees. I move to suspend the Senate's regular order of business, Mr. President.

SENATOR KEVIN ELTIFE: Senator Huffman move suspension of the regular order of business to take up and consider House Bill 1774. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 1774. The secretary will read the caption.

PATSY SPAW: House Bill 1774 relating to the continuation and functions of the Office of Injured Employee Counsel.

SENATOR KEVIN ELTIFE: Senator Huffman is recognized for a motion.

SENATOR JOAN HUFFMAN: I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Huffman now moves passage to third reading. Is there objection? Chair hears none, House Bill 1774 is passed to third reading. Senator Huffman, you're recognized for a motion to suspended the constitutional three day rule.

SENATOR JOAN HUFFMAN: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 31 ayes, no nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 1774. The secretary will read the caption.

PATSY SPAW: House Bill 1774 relating to the continuation and functions of the Office of Injured Employee Counsel.

SENATOR KEVIN ELTIFE: Senator Huffman, you're recognized for a motion.

SENATOR JOAN HUFFMAN: I move final passage of House Bill 1774.

SENATOR KEVIN ELTIFE: Senator Huffman now moves final passage of House Bill 1774. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 1774 is finally passed.

SENATOR JOAN HUFFMAN: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Senator Deuell, you ready on 2189? Senator Deuell is recognized for a motion to suspend the regular order of business on House Bill 2189.

SENATOR BOB DEUELL: Thank you, Mr. President. Members, hand fishing is the practice and sport of fishing for catfish using one's bare hands. This method is locating a hole in catfish holes and using an angler's fingers and hands as bait. House Bill 2189 seeks to authorize a person holding the required fishing license and freshwater fishing stamp issued by the Texas of the Texas Parks and Wildlife Office to engage in hand fishing in the public freshwater of Texas. And I want to thank Senator Jackson for keeping this bill off local so that I could discuss it on the floor. I move suspension.

SENATOR KEVIN ELTIFE: Senator Patrick, for what purpose?

SENATOR DAN PATRICK: For what purpose is this bill being passed or for what purpose do you stand?

SENATOR KEVIN ELTIFE: For what purpose to you rise?

SENATOR DAN PATRICK: Yes. With all due respect to my great friend, Dr. Deuell, Senator Deuell and apparently an avid fisherman, besides being a drummer, exactly what does this bill do and why do we need it?

SENATOR BOB DEUELL: Well, it makes noodling, as hand fishing is called --

SENATOR DAN PATRICK: Noodling?

SENATOR BOB DEUELL: Noodling, legal in the state of Texas. Now, I personally don't noodle, but I would defend to your death the right to do so.

SENATOR DAN PATRICK: Does this have anything to do with what Senator Zaffirini and Senator Huffman were talking about earlier today?

SENATOR BOB DEUELL: I don't know what you were talking about today, so no.

SENATOR DAN PATRICK: It does not, okay. So noodling has nothing to do with that conversation?

SENATOR BOB DEUELL: No.

SENATOR DAN PATRICK: So this will legalize noodling in Texas?

SENATOR BOB DEUELL: It will legalize noodling in Texas.

SENATOR DAN PATRICK: It's illegal to noodle now?

SENATOR BOB DEUELL: It is illegal to noodle at the tune of $500.

SENATOR DAN PATRICK: Really?

SENATOR BOB DEUELL: Yeah, $500.

SENATOR DAN PATRICK: We have a lot of noodlers?

SENATOR BOB DEUELL: Well, I wouldn't know, but evidently there are some people who want to do it legally in the state.

SENATOR DAN PATRICK: This is Gary Elkins, he's your sponsor on this?

SENATOR BOB DEUELL: He is, yes.

SENATOR DAN PATRICK: Oh. He has a lot of time to noodle, I guess. Thank you for this explanation. It's important legislation, Senator West.

SENATOR BOB DEUELL: You're welcome.

SENATOR KEVIN ELTIFE: Senator West, for what purpose?

SENATOR ROYCE WEST: I have a question of the Senate sponsor.

SENATOR KEVIN ELTIFE: Senator yield?

SENATOR ROYCE WEST: Can we kind of slow down a little bit and go through this bill and tell us exactly what this is all about and why you are carrying this bill?

SENATOR BOB DEUELL: Well, there are apparently Texans who like to fish with their hands.

SENATOR ROYCE WEST: How do you fish with your hands, can you give us a demonstration?

SENATOR BOB DEUELL: Well, I do feel like I'm a little bit underwater at this point but apparently people who like to noodle go into a river or stream and they go under water --

SENATOR ROYCE WEST: Go under water?

SENATOR BOB DEUELL: -- under water and feel for catfish. It's only catfish. You can't use any other kind of fish.

SENATOR ROYCE WEST: So this bill is limited to catfish?

SENATOR BOB DEUELL: It's limited to catfish.

SENATOR ROYCE WEST: Why is it just limited to catfish?

SENATOR BOB DEUELL: Because --

SENATOR ROYCE WEST: Will you accept an amendment and make it applicable to all fish? All fish were created equally.

SENATOR BOB DEUELL: I think catfish are the only ones that just stay still enough to do this. But it's limited to catfish, it's a southern tradition, done in a lot of other states, I've seen people on TV do it, and they seem to enjoy it and we want to afford that enjoyment to Texans who wish to participate.

SENATOR ROYCE WEST: Are there specific parts of the state where noodling is more prevalent to others?

SENATOR BOB DEUELL: I would think places that have water and catfish.

SENATOR ROYCE WEST: Water and catfish?

SENATOR BOB DEUELL: Seems to be the two requirements.

SENATOR ROYCE WEST: I mean, is it more prevalent in north Texas, south Texas or just all over the state of Texas?

SENATOR BOB DEUELL: I would think anywhere where the water is deep enough to have catfish.

SENATOR ROYCE WEST: How deep does the water have to be?

SENATOR BOB DEUELL: Well, I've actually seen water where you can see the top of the catfish moving around, so --

SENATOR ROYCE WEST: Where might that --

SENATOR BOB DEUELL: No restrictions on the depth of water as long as it's legal water and you have a fishing license and freshwater stamp, then you're allowed to try to catch the catfish with your bear hands.

SENATOR ROYCE WEST: How do you determine whether it's legal catfish or illegal catfish?

SENATOR BOB DEUELL: I wouldn't know. I think there's some size limits.

SENATOR ROYCE WEST: What size hands do you have to have in order to do this -- participate in this sport?

SENATOR BOB DEUELL: I would think hands big enough to pick up a catfish.

SENATOR ROYCE WEST: Hands big enough to noodle; is that correct?

SENATOR BOB DEUELL: Yes.

SENATOR ROYCE WEST: And you're carrying this bill for what interest group?

SENATOR BOB DEUELL: The noodlers of Texas.

SENATOR ROYCE WEST: Thank you.

SENATOR KEVIN ELTIFE: Senator Jackson, for what purpose?

SENATOR BOB DEUELL: I was wondering if you were going to be here, I -- go off local so I'd have the opportunity to discuss it on the Senate floor.

SENATOR KEVIN ELTIFE: Senator Jackson, for what purpose?

SENATOR MIKE JACKSON: Will the gentleman yield?

SENATOR KEVIN ELTIFE: Senator Deuell yield?

SENATOR BOB DEUELL: I certainly will. What if I say no?

SENATOR KEVIN ELTIFE: I'll recognize him anyway. Senator Jackson, you're recognized.

SENATOR MIKE JACKSON: There are options if he says no, correct, Mr. President? I just had a couple of questions of the author because we heard with interest the testimony in the committee on this bill, and I told you then I probably had some questions. And the caption says hand fishing, but yet you're calling it the noodling bill. I would like for you to distinguish, you know, what we're really after here is hand fishing?

SENATOR BOB DEUELL: Well, I don't know the derivation of the word "noodling," Senator, but it's the slang term for hand fishing for catfish.

SENATOR MIKE JACKSON: Okay. So a slang term? Do you -- have you ever noodled before?

SENATOR BOB DEUELL: I have never noodled.

SENATOR MIKE JACKSON: And what was the impetus for you to pick up and carry this most important legislation that we're now calling the noodling bill?

SENATOR BOB DEUELL: Well, I do like to hunt and fish and some Texans also like to hunt and fish and there's some that told us that they'd like to take up the sport of noodling but they had to go out of state to do it, so they're taking Texas dollars in other states. And we want them to stay here and we want people from other states to come here and noodle as well.

SENATOR MIKE JACKSON: Okay. So it's currently illegal to noodle in Texas?

SENATOR BOB DEUELL: We covered that earlier. It's illegal, and the fine is $500.

SENATOR MIKE JACKSON: Okay. So your legislation would require the noodlers of Texas to buy a freshwater fishing license.

SENATOR BOB DEUELL: They would have to have a fishing license, a freshwater fishing stamp. And if they're allowed -- if this bill passes, they'll be allowed to noodle in Texas.

SENATOR MIKE JACKSON: Okay. There's something that concerns me here because we've seen over and over throughout the years, you have a saltwater, you can buy fishing license and it's absolutely worthless because unless you buy a freshwater stamp and/or a saltwater stamp you really can't fish with that fishing license; is that correct?

SENATOR BOB DEUELL: That is true.

SENATOR MIKE JACKSON: So I'm concerned that the next thing Parks and Wildlife is going to come up with is a noodling stamp. Has anyone brought that up to you as a potential -- another source of revenue for Parks and Wildlife to have a noodling stamp?

SENATOR BOB DEUELL: If it will bring us $3 billion, I'm for it.

SENATOR MIKE JACKSON: Okay. And exactly what part of your body do you use to noodle?

SENATOR BOB DEUELL: Well, you use your entire body because you're in the river and you're on your feet and then you use your hands, you go under water, you catch the fish and you bring it back up.

SENATOR MIKE JACKSON: But I've heard of people noodling by taking off their shoes and using their feet as noodling. Is that allowed your bill?

SENATOR BOB DEUELL: It says hand fishing, so I would think you're supposed to use your hand. But I doubt if would be able to see if you were using your feet since most people go under water.

SENATOR MIKE JACKSON: Well, I guess if the water's clear enough you could.

SENATOR BOB DEUELL: Yeah. Well, the water's not usually clear where there's catfish.

SENATOR MIKE JACKSON: What would the fine be if you were caught noodling with your foot instead of your hand?

SENATOR BOB DEUELL: I'm not advised.

SENATOR MIKE JACKSON: It could be big though, right? Well, I just wanted to say thank you for bringing this bill, Dr. Deuell, and hopefully you're not using this bill as -- to set up your doctor practice somewhere near the boat ramps to give medication to people who have been noodling and they get their hand and arm or foot all skinned up or bitten on by those big catfish. May be an economic development thing.

SENATOR BOB DEUELL: Well, that's an idea. Senator Jackson, you'll be happy to know that there's no restriction in this bill. You can smoke while you're noodling.

SENATOR MIKE JACKSON: Okay. With no taxes involved.

SENATOR BOB DEUELL: No. If you want to smoke while you noodle, if you can keep it lit going under water, then you're fine.

SENATOR MIKE JACKSON: Well, I'm going to vote for your bill, Senator Deuell, and I just want to say again thank you for bringing this important legislation to the floor where we would have an opportunity to visit about it.

SENATOR BOB DEUELL: Well, thank you for keeping this off local so we had to stand here and discuss it.

SENATOR MIKE JACKSON: Thank you.

SENATOR BOB DEUELL: I move suspension, Mr. President.

SENATOR KEVIN ELTIFE: I can assure you the entire body appreciates the debate. Senator Nichols, you're recognized.

SENATOR ROBERT NICHOLS: Thank you, Mr. President. Will the Senator yield?

SENATOR KEVIN ELTIFE: Senator Deuell yield?

SENATOR BOB DEUELL: I will yield.

SENATOR ROBERT NICHOLS: Thank you very much. I am really kind of in shock here. I will tell you in Senate district three noodling had been a long time tradition in what we call behind the east turn in east Texas. The -- what I was kind of surprised to find out today, I did not know it until today, that noodling was illegal in Texas. How long has it been illegal in Texas?

SENATOR BOB DEUELL: I guess since we were a nation in 1836.

SENATOR ROBERT NICHOLS: Okay. Well, I was kind of surprised to find that out and to our colleagues in the urban area, Senator Patrick and Senator West, people really do noodle but sometimes they find things other than catfish, sometimes they pull in snakes and critters like that, so it is quite an actually dangerous hobby out there. I can assure you it will not bring in 3 billion to cover our gap but do you -- if we noodle in the saltwater, do we have to have a saltwater stamp, I guess?

SENATOR BOB DEUELL: Well, it's limited to catfish, I believe saltwater catfish --

SENATOR ROBERT NICHOLS: There's saltwater catfish.

SENATOR BOB DEUELL: There's saltwater catfish? Then I would assume it would be legal, but I'm not sure about the saltwater catfish, I'd be glad to take an amendment to include saltwater catfish.

SENATOR ROBERT NICHOLS: It would probably take me a while to get an amendment up for that. Is noodling limited to daylight or is it also permissive in your bill to noodle at night?

SENATOR BOB DEUELL: I think it's a 24/7 deal.

SENATOR ROBERT NICHOLS: Are we sure about that? I'd hate to vote on a bill --

SENATOR BOB DEUELL: It's traditional fishing. If you can do traditional fishing at night so I would assume you can noodle at night.

SENATOR ROBERT NICHOLS: Well, thank you very much for bringing this bill up. People in my district will be pleased to know this.

SENATOR BOB DEUELL: Well, I understand it will have the biggest impact in your district, Senator.

SENATOR ROBERT NICHOLS: I'm sure it will.

SENATOR KEVIN ELTIFE: Thank you, Senator Nichols. Senator Deuell move suspension of the regular order of business to take up and consider House Bill 2189. Is there objection? Chair hears none, rule is suspended. Chair lays out on second reading House Bill 2189. The secretary will read the caption.

PATSY SPAW: House Bill 2189 relating to the regulation of hand fishing.

SENATOR KEVIN ELTIFE: Senator Deuell, you're recognized for a motion.

SENATOR BOB DEUELL: Thank you, Mr. President. I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Deuell now moves passage to third reading. Is there objection? Chair hears none, House Bill 2189 is passed to third radding. Senator Deuell, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR BOB DEUELL: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 2189. The secretary will read the caption.

PATSY SPAW: House Bill 2189 relating to the regulation of hand fishing.

SENATOR KEVIN ELTIFE: Senator Deuell, you're recognized for a motion.

SENATOR BOB DEUELL: Thank you, Mr. President and members. I move final passage of House Bill 2189.

SENATOR KEVIN ELTIFE: Senator Deuell moves final passage of House Bill 2189. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, had been 2189 is finally passed. Congratulations, Senator Deuell.

SENATOR BOB DEUELL: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Senator Harris is recognized for a motion to take up and consider Committee Substitute House Bill 8.

SENATOR CHRIS HARRIS: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider House Bill 8 at this time. This bill relates to prohibition, the new private transfer fees on real property. Basically members, what has happened, and it's happened a lot in the past, they will come in, the seller of the property will see the developer and they will put in the deed restrictions that there is a -- whenever the house resells, that's built on the property, that there is 2 percent that goes back to the original developer and here it is people don't have notice, they don't understand what's happening. And what this basically does is make it to where in the future that kind of practice is outlawed in the state of Texas. Now, as to those where they already have the private transfer fee in place, it sets up a mechanism by which the track who the holders are that are supposed to be getting that money and -- oh, and the other thing about what it does in Texas, you can have that fee but that fee has to go directly back into the actual development that it's being charged against. Now, it also has -- sets up mechanism where there already are private transfer fees for those to -- mechanisms where you know where to send the money, because many times what actually happens to us, you can get out of the real estate closing and nobody knows where to send the 2 percent and your real estate closing falls through. Thank you, Mr. President. I move suspension.

SENATOR KEVIN ELTIFE: Senator Watson, for what purpose?

SENATOR KIRK WATSON: Question of the author.

SENATOR KEVIN ELTIFE: Senator Harris yield?

SENATOR CHRIS HARRIS: Yeah certainly.

SENATOR KIRK WATSON: Thank you, Senator, and I voted for this in committee but at the time we made some legislative intent because there's a specific instance where we have a foundation on a redevelopment of the old airport here in Austin.

SENATOR CHRIS HARRIS: Yes.

SENATOR KIRK WATSON: And so for purposes of understanding, I thought I might go ahead and ask this question. It's your intention and understanding that the Committee Substitute to House Bill 8 as it was amended wouldn't prohibit the Miller Foundation, some people pronounce it the Mueller Foundation but that old foundation at the airport in that redevelopment which is located in my district here in Austin from continuing to use the foundation's funds to benefit education and low income housing in a radius of east Austin in a 3-mile radius. So it's your understanding that prohibition would not be there?

SENATOR CHRIS HARRIS: It would not.

SENATOR KIRK WATSON: It's also correct, as I understand it from what we talked about in committee, funds collected through transfers in the terms of covenants existing prior to the effective date of your bill as it was amended aren't impacted by the restriction.

SENATOR CHRIS HARRIS: That is true.

SENATOR KIRK WATSON: Great. Thank you very much, Senator.

SENATOR CHRIS HARRIS: Thank you.

SENATOR KEVIN ELTIFE: Senator Wentworth, for what purpose?

SENATOR JEFF WENTWORTH: Senator Harris yield for a question or two?

SENATOR KEVIN ELTIFE: Senator Harris yield?

SENATOR CHRIS HARRIS: Yes.

SENATOR JEFF WENTWORTH: Senator Harris, isn't it true that the original legislation that created these would have these in existence for like 99 years?

SENATOR CHRIS HARRIS: Yes, it is.

SENATOR JEFF WENTWORTH: And isn't it true that it's been described by a number of title company people and real estate developers and others as a scam?

SENATOR CHRIS HARRIS: Yes.

SENATOR JEFF WENTWORTH: And isn't it true that any other number of states that have these are now repealing them and outlawing them just like your bill would do?

SENATOR CHRIS HARRIS: It is.

SENATOR JEFF WENTWORTH: Thank you, Senator.

SENATOR CHRIS HARRIS: In fact, there's been a multitude of homeowners that felt like it was a scam on them.

SENATOR KEVIN ELTIFE: Thank you, Senator Wentworth. Senator Watson, you wish to be recognized again?

SENATOR KIRK WATSON: I do and I should have before now, I move that the questions and answers between Senator Harris and myself be reduced to writing and placed in the journal.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Watson. Is there objection? Chair hears none, so ordered. Thank you, Senator Watson.

SENATOR KIRK WATSON: Thank you.

SENATOR KEVIN ELTIFE: Senator Harris has moved suspension of the regular order of business to tang up and consider House Bill 8. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 8. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 8 relating to prohibiting certain private transfer fees and the protection of private real property rights.

SENATOR KEVIN ELTIFE: Senator Harris, you're recognized for a motion.

SENATOR CHRIS HARRIS: Thank you, Mr. President. I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Harris now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 8 is passed to third reading. Senator Harris is recognized for a motion to suspend the constitutional three day rule.

SENATOR CHRIS HARRIS: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, rule is suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 8. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 8 relating to prohibiting certain private transfer fees in the preservation of private real property rights.

SENATOR KEVIN ELTIFE: Senator Harris, you're recognized for a motion.

SENATOR CHRIS HARRIS: Move final passage.

SENATOR KEVIN ELTIFE: Senator Harris now moves final passage of Committee Substitute to House Bill 8. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute House Bill 8 finally passed. Congratulations, Senator Harris.

SENATOR CHRIS HARRIS: Thank you, Mr. President. Gosh I actually don't mumble when I get asked questions. That's dangerous.

SENATOR KEVIN ELTIFE: Senator Rodriguez, you're recognized for a motion to suspend the regular order of business on House Bill 962.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members. House Bill 962 amends the civil practice and remedies code as it relates to return of service. The bill unanimously passed the Senate jurisprudence committee and passed the House on local and consent calendar 140 ayes and only 2 ayes against -- nays against it. The return of service is a crucial document that the court relies on to move forward in the judicial process. Currently process servers are required to have returns of service signed before a notary public which adds additional time and cost to litigants. Most states have changed their laws to allow for only the signature of the server signed under penalty of perjury rather than require the service to be verified. House Bill 962 by Representative Hartnett streamlines the return of service of process by providing for rules regarding return of service and requiring a process server to sign the return of service under penalty of perjury rather than requiring verification. Mr. President and members, I move that we suspend the regular order of business and all necessary rules to take up and consider House Bill 962.

SENATOR KEVIN ELTIFE: Senator Rodriguez moves suspension of the regular order of business to take up and consider House Bill 962. Is there objection? Chair hears none, rule is suspended. Chair lays out on second reading House Bill 962. The secretary will read the caption.

PATSY SPAW: House Bill 962 relating to rules regarding return of service.

SENATOR KEVIN ELTIFE: Senator Rodriguez, you're recognized for a motion.

SENATOR JOSE RODRIGUEZ: Mr. President and members, I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Rodriguez now moves passage to third reading. Is there objection? Chair hears none, rule -- House Bill 962 is passed to third reading. Senator Rodriguez, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR JOSE RODRIGUEZ: Mr. President and members, I move to suspend the constitutional rule that bills be read on three several days.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, rule is suspended. The Chair lays out on third reading and final passage House Bill 962. The secretary will read the caption.

PATSY SPAW: House Bill 962 relating to rules regarding return of service.

SENATOR KEVIN ELTIFE: Senator Rodriguez, you're recognized for a motion.

SENATOR JOSE RODRIGUEZ: Mr. President and members, I move final passage.

SENATOR KEVIN ELTIFE: Senator Rodriguez now moves final passage of House Bill 962. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, House Bill 962 is finally passed. Congratulations, Senator Rodriguez.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Senator Patrick, are you ready on 260?

SENATOR DAN PATRICK: I am, Mr. President.

SENATOR KEVIN ELTIFE: Senator Patrick is recognized for a motion to suspend the regular order of business on House Bill 260.

SENATOR DAN PATRICK: Mr. President and members, I rise to suspend the regular order of business to lay out House Bill 260. It amends section 2005 of the unlawful transport section of the penal code to increase the penalties for unlawful transport of a person and allow a violater to be prosecuted. This legislation is directed at smugglers, smugglers facilitate the transport of illegal immigrants across the international borders. We just had a story, members, in the last week of several hundreds being put in the back of trucks and being tied up or being handcuffed. Criminal organizations large and small are generating millions in dollars of profits from this enterprise, while the suspects may be prosecuted under current Texas statutes. The need to provide another level of support for local law enforcement for this dangerous crime should be addressed. People die being smuggled across this border, and also we need to end this process of smuggling people into our country. This bill addresses the fact that in many cases smugglers create a situation where, again, many of those smuggled suffer serious bodily injury. I move to suspend the Senate's regular order of business to take up and consider House Bill 216. We have a couple of amendments from Senator Hinojosa that are going to be acceptable to the author. I move suspension.

SENATOR KEVIN ELTIFE: Senator Patrick moves suspension of the regular order of business to take up and consider House Bill 260. Is there objection? Chair hears none, rule is suspended. Chair lays out on second reading House Bill 260. The secretary will read the caption.

PATSY SPAW: House Bill 260 relating to prosecution and punishment of unlawful transport of a person.

SENATOR KEVIN ELTIFE: Following amendment. Secretary would please read the amendment.

PATSY SPAW: Floor amendment No. 1 by Hinojosa.

SENATOR KEVIN ELTIFE: Senator Hinojosa to explain the amendment.

SENATOR JUAN HINOJOSA: Thank you. Mr. President and members. This amendment is the language that was contained in Senate Bill 146 which was voted out by the full Senate by a vote of 31 to zero on May 10th of this year and it deals with human smuggling. As you well know down in the border area we have a lot of issues, a lot of problems in terms of trying to prosecute people who transport and smuggle people from Mexico and Central America and South America. It has become such a problem that law enforcement has difficulty in prosecuting these people under the human trafficking law because all the elements that need to be proven and this makes it much easier for law enforcement to focus on people who smuggle persons across the border. I move adoption.

SENATOR KEVIN ELTIFE: Senator Patrick on the amendment.

SENATOR DAN PATRICK: It is acceptable. We worked on this Senate bill earlier this session, and so it is acceptable to the author.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves adoption of floor amendment No. 1. It is acceptable to Patrick, Is there objection? Chair hears none, floor amendment No. 1 is adopted. Following amendment, secretary please read the amendment.

PATSY SPAW: Floor amendment No. 2 by Hinojosa.

SENATOR KEVIN ELTIFE: Senator Hinojosa to explain the amendment.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. This is really a clarifying amendment and it changes one of the elements from "and" changes the word to "or" to be able to -- be able to prosecute these cases in a much simpler and direct way. And I move adoption.

SENATOR DAN PATRICK: It's acceptable to the author.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves adoption of floor amendment No. 2, it is acceptable to Patrick. Is there objection? Chair hears none, floor amendment No. 2 is adopted. Thank you, Senator Hinojosa. Senator Patrick, you're now recognized for a motion.

SENATOR DAN PATRICK: I move to engrossment, Mr. President.

SENATOR KEVIN ELTIFE: Senator Patrick now moves passage to third reading. Is there objection? Chair hears none, House Bill 260 as amended is passed to third reading. Senator Patrick, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR DAN PATRICK: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 260. The secretary will read the caption.

PATSY SPAW: House Bill 260 relating to prosecution and punishment of unlawful transport of a person.

SENATOR KEVIN ELTIFE: Senator Patrick, you're recognized for a motion.

SENATOR DAN PATRICK: Mr. President, I think this is illustrative of the question that many people ask us in our state, what are we going to do to help protect our borders and this bill is a bill that in a bipartisan way we've worked together to craft a very good bill to help protect the state of Texas and help save lives of people smuggled here as well as stopping -- beginning to stop the process of people being smuggled. And I appreciate Senator Hinojosa for the entire session working with me on this bill. It's been a pleasure. I move final passage.

SENATOR KEVIN ELTIFE: Thank you, Senator Patrick. Senator Patrick moves passage of House Bill 260 as amended. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, House Bill 260 as amended is finally passed.

SENATOR DAN PATRICK: Thank you, Mr. President. Thank you, Senator Hinojosa.

SENATOR KEVIN ELTIFE: Congratulations, Senator Patrick. Senator Huffman is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 2605.

SENATOR JOAN HUFFMAN: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 2605. The Committee Substitute to House Bill 2605 is the sunset bill for the division of worker's compensation. The division regulates the worker's comp system in Texas by overseeing the alternative dispute resolution process, monitoring compliance with the comp system and taking enforcement action when necessary. The bill streamlines the dispute resolution process to provide system participants with a quick and accessible way to resolve disputes. The bill improves the fairness and accountability with the medical review process. It provides the division with additional tools to take timely and effective enforcement action. It also strengthens the designated doctor requirements to ensure the division can use their expert medical opinions effectively in disputes. Finally the Sunset Commission determines (inaudible) sunset date was more appropriate than the traditional 12 years. Sunset found that because of so many of the 2005 system reforms have not had time to fully mature, sunset could not provide a fair assessment of those reforms. The Committee Substitute takes the bill passed by the House back to the filed version of the bill and contains none of the amendments adopted on the House floor. I will have one floor amendment that will just fix a drafting error. A committee amendment was adopted that removed all provisions from this bill that would have transferred certain claim decisions from Dewitt to carriers. However, in drafting the new Committee Substitute that's before you today a mistake was made and all the necessary sections were not removed. So this amendment will just simply correct that mistake. I move to suspend the Senate's regular order of business.

SENATOR KEVIN ELTIFE: Senator Huffman move suspension of the regular order of business to take were and consider Committee Substitute to House Bill 2605. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading Committee Substitute to House Bill 2605. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2605 relating to the continuation and functions of the division of worker's compensation of the Texas Department of Insurance.

SENATOR KEVIN ELTIFE: Following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 1 by Huffman.

SENATOR KEVIN ELTIFE: Senator Huffman to explain the amendment.

SENATOR JOAN HUFFMAN: As I mentioned, this is just the amendment that corrects a drafting error. I move adoption.

SENATOR KEVIN ELTIFE: Senator Huffman moves adoption of floor amendment No. 1. Is there objection? Chair hears none, floor amendment No. 1 is adopted. The following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 2 by Van de Putte.

SENATOR KEVIN ELTIFE: Senator Van de Putte to explain the amendment.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, this amendment is the content of my SB511 which passed this body and is over in the House and as many of the fates of some of our bills in the House, this would allow the injured employee the second opinion on the first exam of the MMI and impairment rating. I appreciate the work of the state affairs committee in letting us pass this and, of course, my Senate -- this is exactly the content of SB511 and I'm just trying to get this passed.

SENATOR KEVIN ELTIFE: Senator Huffman on floor amendment No. 2.

SENATOR JOAN HUFFMAN: I have no objection to the amendment, but I'd like to leave it to the will of the body since it's a sunset bill.

SENATOR LETICIA VAN DE PUTTE: That's fine. And thank you, Senator, for voting for it both in the committee and in committee.

SENATOR JOAN HUFFMAN: Yes.

SENATOR KEVIN ELTIFE: Members, Senator Van de Putte moves adoption of floor amendment No. 2. Senator Huffman leaves it to the will of the body. Is there objection? Chair hears none, floor amendment No. two is adopted. Thank you, Senator Van de Putte.

SENATOR LETICIA VAN DE PUTTE: Thank you, members.

SENATOR KEVIN ELTIFE: Floor amendment No. 3. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 3 by Duncan.

SENATOR KEVIN ELTIFE: Senator Huffman will explain the amendment for Duncan.

SENATOR JOAN HUFFMAN: Yes, I told Senator Duncan I would lay his amendment out since he's tied up in conference, I believe. And I'll read his talking points, this is a bill that passed out of the Senate on the local on April the 7th and is steadily progressing in the House. It addresses a court decision that held an employee covered by a nonsubscriber occupational plan can execute a preinjury waiver as long as his employer has worker's comp insurance in addition to the occupational plan under a dual plan arrangement. The statute currently provides an employee may not waive preinjury an action against an employer who does not have worker's comp insurance coverage. Thus the current waiver prohibition focuses on the employer's actions instead of the employee's. This bill amends the statute to reestablish by focusing on what the employee receives that an employee cannot waive his right to sue in an action if he does not have worker's comp insurance. The bill also grandfathers those employers who met requirements under the current statute on January the 1st, 2011. And again I will leave this to the bill of the body and it did pass out of the Senate on local already.

SENATOR KEVIN ELTIFE: Senator Huffman has explained floor amendment No. 3 by Duncan, it is acceptable to Huffman and she moves adoption of floor amendment No. 3. Is there objection? Chair hears none, floor amendment No. 3 is adopted. The following amendment.

PATSY SPAW: Floor amendment No. 4 by Lucio.

SENATOR KEVIN ELTIFE: Senator Lucio to explain the amendment.

SENATOR EDDIE LUCIO: Thank you, Mr. President. Members, this amendment would do the following. No. 1 it defines first responders as police officers, firemen, EMS personnel which they are, it only applies to serious injuries sustained by first responders in the course and scope of their duty and it will use the serious -- quote "serious bodily injury" unquote definition from section 1.07 of the penal code and three, it treats first responders differently when they filed a worker's compensation claim. First responder cases would be expedited through the process. This would force the administrators who deal with the paperwork to look at the case and process it first. By doing this we believe that routine denials would be avoided and if a claim or treatment recommendation is denied, it would ensure that the appeal process is rapidly as possible. Move adoption.

SENATOR KEVIN ELTIFE: Senator Seliger, for what purpose?

SENATOR KEL SELIGER: Questions of the author.

SENATOR KEVIN ELTIFE: Of the amendment?

SENATOR KEL SELIGER: Yes, please.

SENATOR KEVIN ELTIFE: Senator Lucio yield?

SENATOR EDDIE LUCIO: Be happy to yield.

SENATOR KEL SELIGER: Senator, when we talk about these claims would be expedited, why would they be expedited? Do we not want the claims for all injured workers to be handled expediently as possible?

SENATOR EDDIE LUCIO: Well, as I mentioned, Senator, I feel very strongly that this would kind of force the administrators who deal with the paperwork to deal with the process and case first. They are first responders in our daily lives. By doing this we believe that the routine denials which take place, of course, will be avoided and if a claim or treatment recommendation is denied, it would ensure that the appeal is process as rapidly as possible and that's what we all want if we have an appeal. We want it to be processed. We want it to be looked at, and certainly we don't want to wait a long period of time for it to get its fair treatment.

SENATOR KEL SELIGER: When we talk about -- when you say that the routine denials may not happen in the case of first responders, that assumes that either those routine denials happen all the time or that they are somehow more acceptable in the case of injured workers who are injured working in the private sector than these first responders.

SENATOR EDDIE LUCIO: I don't know -- I don't have statistics on your question and I think it's a legitimate question and I certainly don't take issue with it. All I'm saying is that I don't think there's a high amount of denials, but I think if there's going to be some because these are first responders in our society, they should be given at least a little bit of fair treatment on it or a quicker treatment on it.

SENATOR KEL SELIGER: The problems with worker's comp claims are they're designed to fill the gap when somebody is not able to continue to earn a living. They address some health care issues and salary issues. Why are the families in the case of the first responders -- why is that loss of income and those health care bills more important there than a worker who say is driving a truck or working for -- construction and things like that? It is still lost income to working Texans.

SENATOR EDDIE LUCIO: Okay. You know, I don't disagree with everything you're saying but, you know, the public safety suffers when our first responders are off work due to an injury. We know that in a small department, a single worker could be a good part of the work force unfortunately for some. For example, in a department with ten officers, if one is injured, the department is 10 percent under staff. The city or county must fill in the gaps by working short hand, paying overtime. By expediting these claims through the process the employee will get treated quicker and return to work quicker. I think that's basically what we want to see. And because of the current economic climate, Senator, many agencies have had to suspend hiring or even lay off first responders. That makes it even more important to get these employees back to work as soon as possible.

SENATOR KEL SELIGER: I would argue there have probably been more job loss in the private sector than in the public sector. But your bill is not bracketed to small cities, it's bracketed to large cities as well. In which case I would argue let's say we have a small company that has only ten employees and somebody has a tractor or a moving dolly run over their foot and break their foot. The injury is just as dire, the loss of income is just as serious.

SENATOR EDDIE LUCIO: Well, I think this amendment is about public safety, you know, and I can appreciate your argument but then again the bottom line is public safety and it's a choice that we can make right now, whether or not we believe the first responders' cases should be looked at first and I believe they should so they can get back on the job.

SENATOR KEL SELIGER: I have no further questions, Mr. President.

SENATOR EDDIE LUCIO: Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Seliger. Senator Deuell, for what purpose?

SENATOR BOB DEUELL: Ask the author of the amendment a question.

SENATOR KEVIN ELTIFE: Senator Lucio yield?

SENATOR EDDIE LUCIO: I yield.

SENATOR BOB DEUELL: Thank you, Senator Lucio, for adding this as an amendment. I filed a bill like this and Senator Seliger's questions are certainly valid but regardless of any expedient treatment in the case of first responders that would not delay or preclude any other worker's comp worker from having the full benefits of the program, is that not correct?

SENATOR EDDIE LUCIO: That's correct. That's correct.

SENATOR BOB DEUELL: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Senator Gallegos, for what purpose?

SENATOR MARIO GALLEGOS: Will the author yield?

SENATOR KEVIN ELTIFE: Senator Lucio yield?

SENATOR EDDIE LUCIO: I yield to the Senator from Houston.

SENATOR MARIO GALLEGOS: Senator Lucio, let me ask you -- and I agree Senator Seliger's questions are valid -- and this happened to me and those -- as far as first responders with specialized training like HAZMAT units, rescue squads and especially paramedics that want to get back after being injured in the line of duty and want to get back as soon as possible, those specialized first responders obviously that, you know, somebody else doesn't have and you need to put them back on line and back in the fire house or in the police station or law enforcement officers that also get injured on the line of duty that they want to go back to work. And that training is very specific, very hard, it's long, tedious, paramedics go through two years' training, rescue teams, HAZMAT, SWAT, that's a lot of money involved there. And to have people coming in, it's just an extra bind on the city. But I do agree with you that those people with specialized training need to be put back in service as soon as possible and I agree with the amendment and since I -- you know, it's happened to me, I was ready to go back on the ambulance and get back to work.

SENATOR EDDIE LUCIO: The intent, Senator Gallegos, the intent is for serious injuries suffered along the course and scope of employment to be expedited. Some examples include a peace officer who is injured responding to a crime or a firefighter who is injured fighting a fire, as you mentioned, and -- but even if it's relatively minor injuries that are expedited, this will have a desired result of getting our public safety workers back to work. Thank you, sir.

SENATOR MARIO GALLEGOS: Thank you.

SENATOR EDDIE LUCIO: Move adoption, Mr. President, and I hope it's agreeable to the author.

SENATOR KEVIN ELTIFE: Senator Huffman on the amendment.

SENATOR JOAN HUFFMAN: Thank you, Mr. President. And I thank Senator Lucio for bringing this amendment and I certainly understand both issues presented on this side by Senator Seliger and Senator Lucio. I do want to emphasize that Senator Lucio's amendment specifically says that we're talking about serious bodily injury. We've specifically defined that as bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily members or organ. So we're talking about serious injury sustained by the individuals who put their lives on the line for us each and every day and so I'm going to leave this to the will of the body but I will be voting yes.

SENATOR EDDIE LUCIO: Thank you, Senator Huffman. Move adoption.

SENATOR KEVIN ELTIFE: Senator Lucio moves adoption of floor amendment No. 4. Huffman will leave it to the will of the body. Is there objection? Chair hears none, floor amendment No. 4 is adopted. The following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 5 by Lucio.

SENATOR KEVIN ELTIFE: Senator Lucio is recognized on the amendment.

SENATOR EDDIE LUCIO: Thank you, Mr. President. This amendment clarifies that the last amendment must adhere to current law. So it's a simple amendment. Again, it would clarify that the last amendment you approved must adhere to current law. Thank you. Move adoption.

SENATOR KEVIN ELTIFE: Senator Huffman on the amendment.

SENATOR JOAN HUFFMAN: It's acceptable to the author.

SENATOR KEVIN ELTIFE: Senator Lucio moves adoption of floor amendment No. 5. It's acceptable to Huffman. Is there objection? Chair hears none, floor amendment No. 5 is adopted.

SENATOR EDDIE LUCIO: Thank you, Mr. President. Thank you, members. Thank you, Senator Huffman.

SENATOR KEVIN ELTIFE: Senator Huffman, you're recognized for a motion.

SENATOR JOAN HUFFMAN: I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Huffman now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute House Bill 2605 as amended is passed to third reading. Senator Huffman you're recognized to suspend the constitutional three day rule.

SENATOR JOAN HUFFMAN: I move to suspend the constitutional three day rule that bills be read on three several days.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 2605. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2605 relating to continuation and functions of the division of worker's compensation of Texas Department of Insurance.

SENATOR KEVIN ELTIFE: Senator Huffman, you're recognized for a motion.

SENATOR JOAN HUFFMAN: I move final passage of the Committee Substitute to House Bill 2605.

SENATOR KEVIN ELTIFE: Senator Huffman now moves final passage of Committee Substitute to House Bill 2605 as amended. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 31 ayes and zero nay, Committee Substitute to House Bill 2605 as amended is finally passed. Congratulations, Senator Huffman.

SENATOR JOAN HUFFMAN: Thank you.

SENATOR KEVIN ELTIFE: Senator Whitmire, you're recognized. You're right, Senator Whitmire, one second. Members. Members, we're going to recess until approximately 3:00 o'clock and so if you have any announcements about committee meetings, now would be the time to make those announcements. Senator Ellis, you're recognized.

SENATOR RODNEY ELLIS: Mr. President, I would like to suspend all necessary rules so the government organization committee can meet 15 minutes when we go int this break to consider the five bills that have been posted.

SENATOR KEVIN ELTIFE: Where are you going to meet, Senator Ellis?

SENATOR RODNEY ELLIS: In the Betty King room.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Ellis. Is there objection? Chair hears none, so ordered. Senator West, for what purpose?

SENATOR ROYCE WEST: Mr. Chairman, I'd like to suspend all necessary rules to take up and consider a House Bill 3246 at my desk so that we can take a vote on that. At my desk. Did I say that right?

SENATOR KEVIN ELTIFE: For IGR committee?

SENATOR ROYCE WEST: Yeah, IGR, that's great. Intergovernmental relations.

SENATOR KEVIN ELTIFE: Members, you have heard the motion by Senator West. Is there objection? Chair hears none, so ordered.

SENATOR ROYCE WEST: Mr. President, another -- this is for Senator Nelson. I move to suspend the 24-hour posting rule 11.10 and 11.18 so the Senate committee on health and human services can meet at Senator Nelson's desk today upon -- today to consider pending business of bills to be considered will be HB13, HB385, HB300 and HB3387.

SENATOR KEVIN ELTIFE: Members, you have heard the motion by Senator West. Is there objection? Chair hears none, so ordered.

SENATOR ROYCE WEST: That's for, Senator Nelson, who's walking back on the floor right now.

SENATOR KEVIN ELTIFE: Thank you, Senator West. Mr. Doorkeeper.

MR. DOORKEEPER: Mr. President, there's a messenger from the House.

SENATOR KEVIN ELTIFE: Admit the messenger.

MESSENGER: Thank you, Mr. President. Mr. President, I'm directed by the House to inform the Senate that the House has taken the following action --

SENATOR KEVIN ELTIFE: Thank you, Mr. Messenger. Senator Shapiro, for what purpose?

SENATOR FLORENCE SHAPIRO: Yes, Mr. President and members, I move to suspend the Senate's rules 11.10 and 11.18 -- bet you haven't heard that before -- so the Senate committee on education can take up and consider the following three bills at our hearing this afternoon which will reconvene at 2:00 o'clock. The bills that we'll hear are HB127 by Alvaredo and Senate sponsor is Uresti, HB359 by Allen, Senate sponsor is Lucio and HB1386 by Coleman, Senate sponsor is Ellis. Thank you very much.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Shapiro. Is there objection? Chair hears none, so ordered. Senator Van de Putte, for what purpose?

SENATOR LETICIA VAN DE PUTTE: Mr. President, at this time I would also move to suspend the 24-hour posting rule in accordance with with Senate rules 11.10 and 11.18 in order for the Senate committee on state affairs to take up and consider the following bills this afternoon. House Bill 2102 by Ana Hernandez, the Senate sponsor is Senator Ellis. And House Bill 254 by Representative Hildebrant, sponsor is Senator Wentworth.

SENATOR KEVIN ELTIFE: Members, you've heard the motion by Senator Van de Putte. Is there objection? Chair hears none, so ordered. Thank you, Senator Van de Putte. You have an announcement?

SENATOR LETICIA VAN DE PUTTE: Mr. Chairman, I would also move to suspend the 24-hour posting rule in accordance with with Senate rules 11.10 and 11.18 in order for the Senate committee on state affairs to meet tomorrow morning Friday May the 20th at 9:00 a.m. in the chamber to take up pending business.

SENATOR KEVIN ELTIFE: Members, you've heard the motion by Senator Van de Putte. Is there objection? Chair hears none, so ordered. Thank you, Senator Van de Putte. Senator Watson, for what purpose?

SENATOR KIRK WATSON: Mr. President, members, on behalf of Senator Wentworth I'd like to move to suspend the 24-hour posting rule in accordance with with Senate rules 11.10 and 11.18 so that the Senate select committee on open government can meet today Thursday May 19th, 2011, immediately upon adjournment at Senator Wentworth's desk to take up and consider HB1500 by Representative James white sponsored by Senator Nichols relating to allowing the commissioner court of county to deliberate in a closed meeting regarding financial issues concerning a contract being negotiated. I move to suspend the rules on behalf of Senator Wentworth.

SENATOR KEVIN ELTIFE: Members, you have heard the motion by Senator Watson. Is there objection? Chair hears none, so ordered. Thank you, Senator Watson. Members, are there any other announcements? Any other announcements? Dean Whitmire, you're recognized.

SENATOR JOHN WHITMIRE: I move we recess until 3:00 o'clock.

SENATOR KEVIN ELTIFE: Members, you've heard the motion by Senator Whitmire. Recess until 3:00 o'clock. So ordered.

(Recess.)

SENATOR KEVIN ELTIFE: Senator West, for what purpose?

SENATOR ROYCE WEST: Mr. President and members, I'd ask unanimous consent to extend the calendar rule 5.14 to extend the deadline which is the intent calendar to 6:00 p.m.

SENATOR KEVIN ELTIFE: Members, you have hard the motion by Senator West. Is there objection? Chair hears none, so ordered.

SENATOR STEVE OGDEN: Senator Eltife.

SENATOR KEVIN ELTIFE: Senate will come to order. Senator Seliger, you're recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 268.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider Committee Substitute to House Bill 268 at this time relating to exemption from sales and use tax including motor vehicle tax for certain items used on farm, ranch or timber operations. What this bill does is nothing that's not in existing law, but what the Committee Substitute seeks to do is reduce the fraudulent use of the agricultural exemption by requiring purchasers of certain agricultural items to claim a sales and use exemption to apply for a registration number from the comptroller's office.

SENATOR KEVIN ELTIFE: Senator Seliger moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 268. Is there objection? Chair hears none, rule is suspended. Chair lays out on second reading Committee Substitute to House Bill 268. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 268 relating to the exemption for sales and use taxes on timber and certain items used in farm, ranch and timber operations.

SENATOR KEVIN ELTIFE: Following amendment. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 1.

SENATOR KEVIN ELTIFE: Senator Seliger to explain floor amendment No. 1.

SENATOR KEL SELIGER: Floor amendment 1 simply seeks to add to the bill things like structures located on commercial dairy farms that have not been considered here to for in Texas because the dairy industry is not what it is today.

SENATOR STEVE OGDEN: Mr. President.

SENATOR KEVIN ELTIFE: Senator Ogden, for what purpose?

SENATOR STEVE OGDEN: Will Senator Seliger yield for a question?

SENATOR KEVIN ELTIFE: Senator Seliger yield?

SENATOR KEL SELIGER: I will.

SENATOR STEVE OGDEN: Is this the bill we passed out of finance this morning?

SENATOR KEL SELIGER: It is, Mr. Chairman.

SENATOR STEVE OGDEN: And so you're just amending it on 268?

SENATOR KEL SELIGER: Yes, sir.

SENATOR STEVE OGDEN: Thank you.

SENATOR KEVIN ELTIFE: Senator Seliger moves adoption of floor amendment No. 1. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Senator Seliger, you're recognized for a motion.

SENATOR KEL SELIGER: Thank you, Mr. President. I move passage to third reading of the Committee Substitute to House Bill 268.

SENATOR KEVIN ELTIFE: Senator Seliger moves passage to third reading. Is there objection? Chair hears none, Committee Substitute House Bill 268 is passed to third reading. Senator Seliger, you're recognized nor a motion to suspend the constitutional three day rule.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to suspend the constitutional rule that bills be read on three several days.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, rule is suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 268. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 268 relating to exemption for sales and use tax for timber and certain items used on a farm.

SENATOR KEVIN ELTIFE: Senator Seliger, you're recognized for a motion.

SENATOR KEL SELIGER: Mr. President, I move final passage of Committee Substitute to House Bill 268.

SENATOR KEVIN ELTIFE: Senator Seliger moves final passage of Committee Substitute to House Bill 268 as amended. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, Committee Substitute to House Bill 268 is finally passed. Congratulations, Senator Seliger. Senator Williams is recognized for a motion to suspend the regular order of business on House Bill 2203.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members. When the AARB determines that the appraised value of a property is a million dollars or more the taxpayer may appeal the determination to SOA rather than to district court. This bill allows for the award of attorney fees under section 42.29 and it also amends the current filing fee to a deposit. Mr. President, I move to suspend the Senate's regular order of business to take up and consider House Bill 2203.

SENATOR KEVIN ELTIFE: Senator Williams moves suspension of the regular order of business to take up and consider House Bill 2203. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 2203. The secretary will read the caption.

PATSY SPAW: House Bill 2203 relating to pilot program authorizing a property owner to appeal to the State Office of Administrative Hearings certain review determinations.

SENATOR KEVIN ELTIFE: Senator Williams recognized for a motion.

SENATOR TOMMY WILLIAMS: I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Williams moves passage to third reading. Is there objection? Chair hears none, House Bill 2203 is passed to third reading. Senator Williams is recognized for a motion to suspend the constitutional three day rule.

SENATOR TOMMY WILLIAMS: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, rule is suspended. The Chair lays out on third reading and final passage House Bill 2203. The secretary will read the caption.

PATSY SPAW: House Bill 2203 relating to the pilot program authorizing a property owner to appeal certain review board determinations.

SENATOR KEVIN ELTIFE: Senator Williams recognized for a motion.

SENATOR TOMMY WILLIAMS: I move final passage.

SENATOR KEVIN ELTIFE: Senator Williams now moves final passage of House Bill 2203. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 2203 is finally passed. Congratulations, Senator Williams. Senator Ogden's recognized for a motion to suspend the regular order of business Committee Substitute to House Bill 109.

SENATOR STEVE OGDEN: Mr. President and members, I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 109. This bill allows cities and counties to lower the speed limits at vehicular accident reconstruction sites without TxDOT approval. I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Ogden moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 109. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading Committee Substitute House Bill 109. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 109 relating to temporary lowering of prima facie speed limit at vehicular accident reconstruction sites.

SENATOR KEVIN ELTIFE: Senator Ogden is recognized for a motion.

SENATOR STEVE OGDEN: Mr. President and members, I move passage to third reading of Committee Substitute to House Bill 109.

SENATOR KEVIN ELTIFE: Senator Ogden now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 109 is passed to third reading. Senator Ogden is now recognized for a motion to suspend the constitutional three day rule.

SENATOR STEVE OGDEN: Mr. President and members, I move to suspend the constitutional three day rule to take up and consider Committee Substitute to House Bill 109.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 109. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 109 relating to temporary lowering of a prima facie speed limit at a vehicular accident reconstruction site.

SENATOR KEVIN ELTIFE: Senator Ogden is recognized for a motion.

SENATOR STEVE OGDEN: Mr. President and members, I move final passage of Committee Substitute to House Bill 109.

SENATOR KEVIN ELTIFE: Senator Ogden moves final passage of Committee Substitute to House Bill 109. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute to House Bill 109 is finally passed. Congratulations, Senator Ogden. 970, Senator Ogden. Senator Ogden's recognized for a motion to suspend the regular order of business Committee Substitute to House Bill 970.

SENATOR STEVE OGDEN: Mr. President and members, I'd move to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 970. House Bill 970 seeks to facilitate the economic development efforts to use the municipal hotel occupancy tax for capital improvements to and operation and maintenance of a coliseum or multiuse facility. The bill does not increase the hotel occupancy tax rate, it simply amends current law relating to the use of these revenues to update and enhance coliseums and multiuse facilities. I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Ogden moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 970. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 970. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 970 relating to the use of municipal hotel occupancy tax revenue to enhance and upgrade certain coliseums and multiuse facilities.

SENATOR KEVIN ELTIFE: Senator Ogden is recognized for a motion.

SENATOR STEVE OGDEN: Mr. President and members, I move passage to third reading of Committee Substitute to House Bill 970.

SENATOR KEVIN ELTIFE: Senator Ogden now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute House Bill 970 is passed to third reading. Senator Ogden is now recognized for a motion to suspend the constitutional three day rule.

SENATOR STEVE OGDEN: Mr. President and members, I move to suspend the constitutional three day rule to take up and consider Committee Substitute to House Bill 970.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 970. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 970 relating to the use of municipal hotel occupancy tax revenue.

SENATOR KEVIN ELTIFE: Senator Ogden, you're recognized for a motion.

SENATOR STEVE OGDEN: Mr. President and members, I move final passage of Committee Substitute to House Bill 970.

SENATOR KEVIN ELTIFE: Senator Ogden now moves final passage of Committee Substitute to House Bill 970. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, Committee Substitute to House Bill 970 is finally passed. Congratulations, Senator Ogden. Senator Ogden's recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 1615.

SENATOR STEVE OGDEN: Mr. President and members, I move to suspend the Senate's regular order of business to take up and consider House Bill 1615 which has been designated Nathan's Law. I think Senator Nelson heard this bill in committee and when she heard this bill she said there wasn't a dry eye in the committee when the parents of Nathan came to testify on why this bill was needed. The background on this is that three and a half month old Nathan Michael King died when he was left unsupervised after a day care facility administered medication to Nathan that had not been approved by his parents. The Committee Substitute to House Bill 1615 amends the human resources code to prohibit a director, owner, operator, caretaker, employee, volunteer of a day care facility from administering a medication to a child unless the child's parent has committed to the facility a sign and dated document including an e-mail that authorizes the facility to administer the medication. The bill authorizes a facility to administer the medication as prescribed as long as it's in the original container with the child's full name. A parent can authorize over the phone the administration of a single dose. The bill allows day care providers to accept written modifications of the medication by advance practice nurses and physician's assistants in addition to those written by a physician. A violation is a class A misdemeanor unless it constitutes an offense under the penal code such as death or severe bodily injury under which the person may be prosecuted. I move to suspend the regular order of business in honor of Nathan Michael King Committee Substitute to House Bill 1615.

SENATOR KEVIN ELTIFE: Senator Ogden moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 1615. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 1615. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 1615 relating to the administering of medications to children in certain facilities.

SENATOR KEVIN ELTIFE: Senator Ogden, you're recognized for a motion.

SENATOR STEVE OGDEN: Mr. President and members, I move passage to third reading of Committee Substitute to House Bill 1615.

SENATOR KEVIN ELTIFE: Senator Ogden moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 1615 is passed to third reading. Senator Ogden is recognized for a motion to suspend the constitutional three day rule.

SENATOR STEVE OGDEN: Mr. President and members, I move to suspend the constitutional three day rule to take up and consider subcommittee substitute to House Bill 1615.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 1615. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1615 relating to the administering of medications to children in certain facilities.

SENATOR KEVIN ELTIFE: Senator Ogden is recognized for a motion.

SENATOR STEVE OGDEN: Mr. President and members, I move final passage of Committee Substitute to House Bill 1615.

SENATOR KEVIN ELTIFE: Senator Ogden now moves final passage of Committee Substitute to House Bill 1615. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute to House Bill 1615 is finally passed. Congratulations, Senator Ogden. Senator Deuell is recognized for a motion to suspend the regular order of business on House Bill 3272.

SENATOR BOB DEUELL: Thank you, Mr. President. I move to suspend the Senate's regular order of business so that we can take up and consider House Bill 3272. This -- on road mobile sources contribute nearly half the emissions that lead to ground level ozone. The LIRET program is available in areas not in attainment according to the Federal Clean Air Act and this program has helped reduce emissions and air pollutions in these non attainment areas. This bill will clear up conflicting language dealing with non eligibility and also authorizing additional types of replacement vehicles thereby giving more choices to the consumer. I move suspension.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. Chair lays out on second reading House Bill 3272. The secretary will read the caption.

PATSY SPAW: House Bill 3272 relating to the low income vehicle repair assistance and retirement program.

SENATOR STEVE OGDEN: Chair recognizes Senator Deuell on a motion.

SENATOR BOB DEUELL: I move to pass to third reading.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, bill is passed to third reading. Senator Deuell is recognized for a motion to suspend the constitutional three day rule.

SENATOR BOB DEUELL: So moved.

SENATOR STEVE OGDEN: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 27 ayes and four nay, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage House Bill 3272. The secretary will read the caption.

PATSY SPAW: House Bill 3272 relating to the low income vehicle repair assistance retro fit and accelerated vehicle retirement program.

SENATOR STEVE OGDEN: Chair recognizes Senator Deuell on a motion.

SENATOR BOB DEUELL: Thank you, Mr. President and members. I move final passage of House Bill 3272 by Burnam and Chisum from the House. Thank you.

SENATOR STEVE OGDEN: Senator Deuell moves final passage. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: 27 ayes and four nays, the bill is finally passed. Thank you, Senator Deuell.

SENATOR BOB DEUELL: Thank you, Mr. President and members.

SENATOR STEVE OGDEN: Senator Shapiro is recognized for a motion to suspend the regular order of business on House Concurrent Resolution 18.

SENATOR FLORENCE SHAPIRO: Thank you very much, Mr. Chairman and members. I'd like to move to suspend the Senate's regular order of business to take up and consider HCR18 which simply urges Congress to propose a balanced budget amendment to the US Constitution. Currently the Texas constitution requires us to adopt certify and operate on a balanced budget. This keeps Texas ahead of the curb when it comes to economic viability and sensible sensibility. Half our nation operates in the red to the tune of $14 trillion. All this does is it recommends and we are now asking that Congress do as we do in the Texas legislature. A balanced budget provision would be added to the constitution in almost every state, Vermont is the only state in the nation that does not have a balanced budget amendment. Basically of Germany has a balanced budget of amendment in the Swiss constitution. As we all know Texas is working tirelessly to deal with their budget, and it is critical for federal government to do the same. This simply urges Congress to do what Texas is already committed to do by operating under a balanced budget. I move to suspension, Mr. President.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, rule is suspended. The Chair lays out the following resolution. Secretary will read the resolution.

PATSY SPAW: HCR18 proposing Congress to submit to the states an amendment to the United States Constitution providing for a federal balanced budget.

SENATOR STEVE OGDEN: Chair recognizes Senator Shapiro to further explain the resolution.

SENATOR FLORENCE SHAPIRO: I move adoption of HCR18 at this time.

SENATOR STEVE OGDEN: Okay. You've heard the explanation. The question is on the adoption of the resolution. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: : Being 29 ayes and two nays, resolution is adopted.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President and members.

SENATOR STEVE OGDEN: Senator Williams is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 2725.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members. Currently there's a statewide average of about 300 defendants that wait an average four to five months in our county jails for an available forensic commitment bed. The defendants have been determined to be incompetent to stand trial because they're unable to understand the proceedings against them and they're waiting on competency restoration. House Bill 2725 seeks to alleviate this huge and expensive backlog by shortening the length of stay in hospitals for certain defendants as well as give credit for time served for defendants while they wait for transfer to that state hospital. I have a floor amendment that clarifies the compelled medication hearings may be conducted by using electronic broadcast system that's described in article 48B.013. And Senator Duncan also has an amendment that if he's not on the floor I'll offer for him that clarifies that incompetency examination only requires suggestions of incompetency by any witness to incompetency behavior. With that I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 2625.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, rule is suspended. Chair lays out on second reading Committee Substitute to House Bill 2725. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2725 relating to the determination of incompetency in criminal cases.

SENATOR STEVE OGDEN: Following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Williams.

SENATOR STEVE OGDEN: Chair recognizes Senator Williams to explain his amendment.

SENATOR TOMMY WILLIAMS: As I previously explained in the suspension this amendment just clarifies that medication hearings for compelled medication can be done using an electronic broadcast. I move adoption.

SENATOR STEVE OGDEN: Is there objection to the adoption of floor amendment No. 1? Chair hears none, amendment is adopted. Following amendment, secretary will read the amendment.

PATSY SPAW: Floor amendment No. 2 by Duncan.

SENATOR STEVE OGDEN: Chair recognizes Senator Williams to explain Duncan's amendment.

SENATOR TOMMY WILLIAMS: Members, I'm happy to lay this out for Senator Duncan, I had agreed to take it. This amendment clarifies that in an incompetency examination only requires a suggestion of incompetency by any witness to incompetent behavior. Just a clarifying amendment, it's acceptable to me. I move adoption.

SENATOR STEVE OGDEN: Is there objection to the adoption of the amendment? Chair hears none, floor amendment No. 2 is adopted. Chair recognizes Senator Williams on a motion.

SENATOR TOMMY WILLIAMS: I move passage to third reading of the Committee Substitute to House Bill 2725 as amended.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the bill is passed to third reading. Senator Williams is recognize for a motion to suspend the constitutional three day rule.

SENATOR TOMMY WILLIAMS: So moved.

SENATOR STEVE OGDEN: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: 31 ayes and no nay, constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 2725. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2725 relating to the determination of incompetency in criminal cases.

SENATOR STEVE OGDEN: Chair recognizes Senator Williams.

SENATOR TOMMY WILLIAMS: I move final passage.

SENATOR STEVE OGDEN: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: 31 ayes and no nays, bill is passed. Thank you, Senator.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President. Thank you, members.

SENATOR STEVE OGDEN: The following bills and resolutions on first reading in reference to committee. The secretary will read the bills and resolutions.

PATSY SPAW: HCR50 to state affairs. HCR60 to state affairs. HCR94 to business and commerce. HB1690 to intergovernmental relations. HB3743 to intergovernmental relations. HB3848 to intergovernmental relations. HB3864 to intergovernmental relation. HB3865 to natural resources. HB3866 to natural resources.

SENATOR STEVE OGDEN: Senator Nichols recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 2499.

SENATOR ROBERT NICHOLS: Thank you, Mr. Chairman -- Mr. President. I move to suspend the Senate's regular order of business to take up and consider Committee Substitute House Bill 2499. Members, this is the DIR sunset bill. House Bill 2499 reauthorizes Department of Information Resources Agency subject to Sunset Act and will be abolished September 1 unless continued by the legislature. Sunset staff and the commission identified serious concerns with DIR's management of its internal operations, its information technology procurement program and a lack of oversight from both DIR's board and the legislature. This bill will bring needed focus and oversight to DIR, improve the management of its cost recovery program and strengthen DIR's contract management functions. It moves the statewide purchasing program for information and communication goods and services from DIR to the comptroller's office. This will allow Texas to leverage a full purchasing power and to achieve the best price for information technology products just as we do with other nonIT items. The bill requires the appointment of a new board, for that board to appoint an internal auditor. It seeks to improve the management of the DIR's cost recovery programs by requiring the agency to establish clear procedures for setting fees and developing criteria for the property use of contractors and consultants to augment staff. The bill also establishes DIR accounts and statutes clarifying the accounts' intended purposes. Committee Substitute for House Bill 2499 improves DIR's contract management practices by requiring clear, contracting policies, procedures and training while establishing a stricter conflict of interest policies for DIR employees. It requires the board to improve all major contracts which was not done for the data center consolidation project and establishes subcommittees to monitor these contracts. Additionally, it requires customer involvement in the decision making process for major contracts. This bill is a product of a long sunset process where the agency was thoroughly reviewed and the commission carefully evaluated each recommendation of a public hearing. I believe it is a good bill that will bring need reform to the Department of Information Resources. It extends the agency with a new sunset date six miles out. With that, Mr. President, I move to suspend the Senate's regular order of business.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. Members, it's pretty noisy in here, it's hard to hear the author of the bill so hold it down to a roar, please. Chair lays out on second reading Committee Substitute to House Bill 2499. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2499 relating to the continuation and functions of the Department of Information Resources.

SENATOR STEVE OGDEN: Following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Nichols.

SENATOR STEVE OGDEN: Chair recognizes Senator Nichols to explain his amendment.

SENATOR ROBERT NICHOLS: Members, the judiciary committee on information technology is working to create a specialized E-filing system that can save the states and local government time and money related to court filings. However, the courts cannot do this if they are subject to vendor agreements determined by DIR. The court system is seeking to act as an independent branch and develop its own system. So I move adoption.

SENATOR STEVE OGDEN: Is there objection to the adoption of floor amendment No. 1? Chair hears none, amendment is adopted. The following amendment, secretary will read the amendment.

PATSY SPAW: Floor amendment No. 2 by Lucio.

SENATOR STEVE OGDEN: Chair recognizes Senator Lucio to explain his amendment.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. The amendment would simply require that a study of the ICT program be performed before the move can take place. This study would allow the legislature to understand what is really at stake with the move especially when it's dealing with hubs, especially under utilized businesses. A study will be performed by the sunset staff unless they choose to defer within 60 days after the final day of the session because of their upcoming workload. If the sunset staff does defer IRT -- excuse me -- DIR will be responsible to provide the report. DIR must find an independent contractor and pay any cost that may incur for the report to be completed. DIR has already volunteered to produce a report. A report shall be delivered to the governor's office, the comptroller's office and the legislature by September 2012. This would allow the legislature to review the results and act accordingly during the 83rd legislative session. The reasoning behind the choice option was simple, sunset staff currently has 38 scheduled reviews for 2013. Senate Bill 652 which is being amended in the House would consolidate all health and human service reviews for 2015. This was a bulk of the 38 schedule reviews, if it passes, the sunset staff should have no trouble completing the study. Finally the preference is for the sunset staff to do the review. If they don't have time and staff, DIR will have to pay to conduct one which is not preferred. Members, I think it's important to know that the result of this move will be, I get the feeling that no one really understands what the actual cost of removing this program are going to be, all I ask is that we make sure we have all the facts first. Move adoption.

SENATOR STEVE OGDEN: Senator Hegar, for what purpose do you rise?

SENATOR GLENN HEGAR: Ask the gentleman a question.

SENATOR STEVE OGDEN: You're recognized.

SENATOR GLENN HEGAR: Senator Lucio, I'm sorry, I heard you said something about the number of agencies that were under review for the next cycle and could you -- did you say that there were 30 something? Because actually the House passed out the schedule bill off the House floor yesterday on third reading and we'll go to conference and the reason for in case there's some agencies that don't make it, so we put them back under the safety net. But as of right how there's roughly about 21 or 22 agencies under review. So we readjusted the schedule so that staff can handle the adequate number of agencies which are coming forward. I mean, being a former sunset member. So I was just curious, I wanted to make sure there was no confusion on the number of agencies that were under review.

SENATOR EDDIE LUCIO: Not at all, I think that's good. I think the staff can do the report that way.

SENATOR GLENN HEGAR: Okay. Thank you, Senator.

SENATOR EDDIE LUCIO: Thank you, sir.

SENATOR STEVE OGDEN: Senator Nichols, you're recognized on the amendment.

SENATOR ROBERT NICHOLS: Thank you, Mr. President. And I thank you, Senator Lucio. Members, there already was a study by the sunset of the procurement program at DIR through the regular sunset process, sunset staff did find three main areas of concern. First they pointed out that DIR may be missing out on additional savings for the state by not using strategic sourcing like the comptroller's office is using. Second they reported some agencies are not getting a good deal from DIR's negotiated contracts and finally they found that requiring agencies to renegotiate contracts created confusion and frustration. We do not need another study to tell us that the sunset process has already revealed. Sunset Commission, after hearing testimony we voted ten to one to move the program. Additionally if sunset staff cannot accommodate study in its regular schedule, DIR would then be picking its own contractor to perform the study on itself and I worry about the objectivity where an agency being evaluated gets to pick its evaluator even if additional approval is required. Many of us did spend -- there were five of us myself, Senator Whitmire, Senator Hinojosa, Senator Hegar and Senator Huffman were all there listening to that testimony and the different things that occurred and unquestionably we all decided when we heard that it needs to move. So respectfully I would like to move to table the amendment, Mr. President.

SENATOR STEVE OGDEN: All right. Senator Nichols moves to table, Senator Lucio to close.

SENATOR EDDIE LUCIO: I don't think this was a recommendation from the Sunset Commission, and I would like for him to -- Senator Nichols, if you could point to the page where you say it's a sunset recommendation, I don't think it is. If you can find that, then I certainly would like to see that.

SENATOR STEVE OGDEN: Hold on a second. This is not a debatable motion. So you can close Senator Lucio or you can withdraw your motion. What do you want to do?

SENATOR EDDIE LUCIO: Let me close.

SENATOR STEVE OGDEN: All right. Go ahead.

SENATOR EDDIE LUCIO: Members, this is a very important amendment. I want you to look at it carefully. It was not a sunset recommendation pointed out by Senator Nichols and I think there's a considerable amount of money to be made, over a hundred million dollars and so this is a very important amendment. Don't take it lightly. I would like you to vote no on the motion to table.

SENATOR STEVE OGDEN: Senator Nichols moves to table floor amendment No. 2. The vote is on the motion to table. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: There being 17 ayes and nine nays, the motion to table prevails. The following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 3 by Lucio and Uresti.

SENATOR STEVE OGDEN: Chair recognizes Senator Uresti on floor amendment No. 3. Chair recognizes Senator Lucio on floor amendment No. 3.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. This is a very simple amendment. This will prohibit the comptroller from receiving campaign contributions from vendors who participate in the ITC program.

SENATOR STEVE OGDEN: Chair recognizes Senator Nichols on floor amendment No. 3.

SENATOR EDDIE LUCIO: Mr. President, I'll go ahead and pull the amendment down right now.

SENATOR STEVE OGDEN: Senator Lucio withdraws floor amendment No. 3. Following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 4 by Ellis.

SENATOR STEVE OGDEN: Chair recognizes Senator Ellis on floor amendment No. 4.

SENATOR RODNEY ELLIS: Thank you, Mr. President and members. This was an issue that was discussed in the committee, and I think it is acceptable to the author. This amendment simply repeals a statute from a bill I passed last session requiring DIR to adopt rules requiring independent certification of network hardware and software for vulnerabilities. Unfortunately we've learned that this process increases the cost and reduces the choice to state agencies for network equipment, and it's also duplicative. A number of national statuses exist that can fulfill this purpose and Texas is currently the only state requiring independent certification. I believe it is acceptable to the author.

SENATOR ROBERT NICHOLS: This amendment is acceptable. It removes the need to have outside vulnerability testing done that's unnecessary to save the state a lot of money. I appreciate it. The amendment is acceptable.

SENATOR RODNEY ELLIS: I move adoption.

SENATOR STEVE OGDEN: Senator Ellis moves adoption of floor amendment No. 4. It's acceptable to the author. Is there objection? Chair hears none, amendment is adopted. The following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 5 by Hegar.

SENATOR STEVE OGDEN: Chair recognizes Senator Hegar on floor amendment No. 5.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. This amendment would put in line with the campaign contribution limitation requirements that the comptroller has for those programs that are under the comptroller's office and so therefore if this portion of DIR is moving over to the comptroller's office, then we need to make sure that these specific programs would also have those same campaign contributions limitations on them and I think this may be acceptable to the author.

SENATOR STEVE OGDEN: Chair recognizes Senator Nichols on floor amendment No. 5.

SENATOR ROBERT NICHOLS: Thank you, Mr. Chair. Thank you, Senator Hegar. This amendment is consistent with current law on other procurement measures. Additionally procurement requirements of the government code require any ability to have a political contribution in a contract. By law the winner must be the best value for the good or service been obtained and no amount of contributions have a varying on the best value determination. Amendment is acceptable to the author.

SENATOR STEVE OGDEN: Senator Hegar moves adoption of floor amendment No. 5. It's acceptable to the author. Is there objection? Chair hears none, amendment is adopted. Senator Nichols is recognized for a motion.

SENATOR ROBERT NICHOLS: Mr. President and members, I move passage of Committee Substitute for House Bill 2499 to engrossment.

SENATOR STEVE OGDEN: Senator Nichols moves passage to third reading of Committee Substitute to House Bill 2499. Is there objection? Chair hears none, bill is passed to third reading. Senator Nichols is recognized for a motion to suspend the three day rule.

SENATOR ROBERT NICHOLS: Mr. President and members, I move to suspend the three day rule that bills be heard on three several days.

SENATOR STEVE OGDEN: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: 31 ayes and no nay, constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 2499. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2499 relating to the continuation and functions of the Department of Information Resources.

SENATOR STEVE OGDEN: Chair recognizes Senator Nichols for a motion.

SENATOR ROBERT NICHOLS: Mr. President and members, I move final passage.

SENATOR STEVE OGDEN: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 31 ayes and no nays, bill is finally passed. Thank you.

SENATOR ROBERT NICHOLS: Thank you, Mr. President and members. Thank you very much.

SENATOR STEVE OGDEN: Senator Uresti. Senator Uresti is recognized for a motion -- wow. All right. Mr. Doorkeeper.

MR. DOORKEEPER: Mr. President, there's a message from the House.

SENATOR STEVE OGDEN: Admit the messenger.

MESSENGER: Mr. President, I'm directed by the House to inform the Senate that the House has taken the following action, the House has passed the following measures SB430 by Nichols relating to written notice --

SENATOR STEVE OGDEN: Thank you. Senator Zaffirini is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 2904.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move to suspend the Senate's regular order of business in order to take up and consider at this time the Committee Substitute for House Bill 2904 which relates to the administration of the Glenda Dawson Donate Life Texas registry. It was sponsored in the House by Representative Zerwas and passed on the local and uncontested calendar. Generally the bill would require the Department of Health Services to contract for the nonprofit organization to maintain the statewide donor registry, the Glenda Dawson Donate Life Registry, require the nonprofit organization administering the registry to include representatives from each organ procurement organization in Texas, prohibit the nonprofit organization from charging any fee for cost related to the operation and maintenance in the registry except as agreed in the contract with the agency or from using the registry to solicit voluntary donations from a registrant. It would also streamline the procedures to make it easier for the volunteers. Mr. President, I move suspension.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule suspended. The Chair lays out on second reading Committee Substitute to House Bill 2904. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1904 relating to the administration of the Glenda Dawson Donate Life Texas Registry.

SENATOR STEVE OGDEN: Chair recognizes Senator Zaffirini for a motion.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. I move passage to third reading.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, bill is passed to third reading. Senator Zaffirini is recognized for a motion to suspend the constitutional three day rule.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. I move to suspend the constitutional rule that bills be heard on three several days.

SENATOR STEVE OGDEN: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 31 ayes and no nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 2904. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2904 relating to administration of the Glenda Dawson Donate Life Texas Registry.

SENATOR STEVE OGDEN: Senator Zaffirini is recognized for a motion.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. I move final passage.

SENATOR STEVE OGDEN: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 31 ayes and no nays, the bill is finally passed. The Chair recognizes Senator Uresti for a motion to suspend the regular order of business on Committee Substitute to House Bill 447.

SENATOR CARLOS URESTI: Thank you, Mr. President and members, good afternoon. Committee Substitute for House Bill 447 is relating to the powers of a defense based development authority. The legislature passed the Defense Base Redevelopment Act to assist communities that were facing closed or realigned military facilities. This bill will clarify what facilities or services for a redevelopment authority can charge. The Committee Substitute added some language to clarify the authority of the former Lone Star ammunition facility to work with federal and state and local governmental entities as well as private sector partners to create a civilian friendly inter-mobile transportation hub at the former military facility. With that, Mr. President, I move to suspend the regular order of business to take up and consider Committee Substitute to House Bill 447.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 447. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 447 relating to the powers of a defense base development authority.

SENATOR STEVE OGDEN: Senator Uresti, you're recognized for a motion.

SENATOR CARLOS URESTI: Mr. President, I move passage to third reading.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, Committee Substitute to House Bill 447 is passed to third reading. Senator Uresti is recognized for a motion to suspend the constitutional three day rule.

SENATOR CARLOS URESTI: Mr. President, so moved.

SENATOR STEVE OGDEN: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 31 ayes and no nays, constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 447. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 447 relating to powers of a defense based development authority.

SENATOR STEVE OGDEN: Senator Uresti, you're recognized for a motion.

SENATOR CARLOS URESTI: Mr. President, I move final passage.

SENATOR STEVE OGDEN: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 31 ayes and zero nays, bill is finally passed. Thank you.

SENATOR CARLOS URESTI: Thank you.

SENATOR STEVE OGDEN: Senator Fraser is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 725.

SENATOR TROY FRASER: Mr. President, I would move to suspend the regular order of business and take up and consider Committee Substitute for House Bill 725. Members, this is a big ominous water district bill which includes House Bill 3335 which passed out of the Senate last session and input Representative Calagari received from several rounds of requests from interim stakeholders during the interim. The Committee Substitute added language that makes permanent the current temporary exemption for Dallas county and the creation of groundwater control district in north Texas and the substitute also added language that is bracketed for the city of Tyler, Blue Mound, Rockwell and Granite chose to allow an area that is serviced by a CCN but it is located in the city to be dually certified. I'm assuming there's going to be several amendments to this bill. Mr. President, I would now move to suspend the regular order of business.

SENATOR STEVE OGDEN: Senator Fraser moves to suspend the regular order of business to take up and consider Committee Substitute to House Bill 725. Is there objection? Chair hears none, the rule suspended. The Chair lays out on second reading Committee Substitute to House Bill 725. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 725 relating to the operation, powers and duties of certain water districts.

SENATOR STEVE OGDEN: Following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Fraser.

SENATOR STEVE OGDEN: Chair recognizes Senator Fraser to explain his amendment.

SENATOR TROY FRASER: Members, floor amendment No. 1 creates the Bell county municipal utility district, the MUD would be located in the ETJ Belton on undeveloped property. This language is contained in House Bill 2521 by Sheffield.

SENATOR STEVE OGDEN: Members, you've heard the explanation, is there any objection to adoption of floor amendment No. 1? Senator Van de Putte, for what purpose do you rise?

SENATOR LETICIA VAN DE PUTTE: Question to the author of the amendment.

SENATOR STEVE OGDEN: Senator Fraser --

SENATOR TROY FRASER: Mr. President, I'm sorry, I'm really having a lot of trouble with the noise on the floor. Could we get order?

SENATOR STEVE OGDEN: Senator Van de Putte, go ahead.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Senator Fraser, I know this is just a Belton county municipal utility district, this doesn't have anything to do with trees?

SENATOR TROY FRASER: Unless they have trees in the MUD, no, I don't think it's addressed to that bill.

SENATOR LETICIA VAN DE PUTTE: Thank you, thank you.

SENATOR TROY FRASER: Okay.

SENATOR STEVE OGDEN: Senator Fraser moves adoption of floor amendment No. 1. Is there objection? Chair hears none, amendment No. 1 is adopted. The following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 2 by Fraser.

SENATOR STEVE OGDEN: Chair recognizes Senator Fraser to explain his amendment.

SENATOR TROY FRASER: Members, this amendment is Senate Bill 332, 332 which is the water bill's right that was passed out of the session earlier. When it left the Senate Chairman Ritter has continued to work on the confirmation language. The main difference between the Senate version and the new version are that the definition of land owner and findings have been removed. The term vested interest have been replaced with real property in the House version. I would answer any questions but this is a bill that we spent a tremendous amount of time on. It was bedded a lot more in the House, and it is on the way back over there. It's a bill that you've seen and we voted on before and I would answer any questions.

SENATOR STEVE OGDEN: Is there objection to the adoption of floor amendment No. 2? There is objection. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: There being 28 ayes and three nays, amendment is adopted. Senator Van de Putte, are you still confused on the amendment?

SENATOR LETICIA VAN DE PUTTE: Mr. President, I wanted to make sure now that we have the correct amendment. I think our side of the chamber got the amendment that's now going to be but we're fine. Thank you.

SENATOR STEVE OGDEN: All right. So, members, the amendment that we just adopted had to do with a Senate bill that we previously passed and it dealt with landowner's rights to produce subsurface water. Is that what everybody thought they were voting on. Any questions? Because we can back up if you didn't know.

SENATOR TROY FRASER: Mr. President, the explanation on that was the correct amendment and I think everybody had it. For some reason somebody passed out another one on the other side.

SENATOR STEVE OGDEN: Senator Van de Putte, you okay? All right. Following amendment. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 3 by Fraser adding section 2921 water management plans for certain special water authorities.

SENATOR STEVE OGDEN: All right. Members, I'm going to wait and make sure the amendment gets passed out. Make sure everybody's got it. All right. Chair recognizes Senator Fraser on the amendment.

SENATOR TROY FRASER: Members, this amendment puts into the law the requirements from an adjudicated water permit.

SENATOR STEVE OGDEN: Senator Birdwell, for what purpose do you rise?

SENATOR BRIAN BIRDWELL: Ask the author a question.

SENATOR STEVE OGDEN: Members, we got lots of amendments, we got lots of confusion. There's too many conversations on the floor that has nothing to do with this bill. Will you please pay attention? And if you have to do something else please step outside the rail. All right. Senator Birdwell, you're recognized to ask a question of the author.

SENATOR BRIAN BIRDWELL: Thank you, Mr. Chairman or Mr. President. Senator Fraser, in line 18 of the amendment it speaks to this section of the amendment applies to special water authority whose plan consist of reservoir operation for two water supply reservoirs and then met the additional criteria underneath line one and line two. Is that like --

SENATOR TROY FRASER: This applies to anyone that has an adjudicated water permit and it would be issued to them. I'm assuming that you're asking about Brazoria southeast and I don't think it applies to them.

SENATOR BRIAN BIRDWELL: Right. Does this apply to Brazos river authority that runs through the majority of my district?

SENATOR TROY FRASER: It does not.

SENATOR BRIAN BIRDWELL: It does not. Okay. Thank you, Senator.

SENATOR TROY FRASER: It does not.

SENATOR BRIAN BIRDWELL: Thank you, Senator Fraser.

SENATOR STEVE OGDEN: Senator Hegar, for what purpose do you rise?

SENATOR GLENN HEGAR: To ask the gentleman a question.

SENATOR STEVE OGDEN: Senator Hegar, you're recognized to ask a question.

SENATOR GLENN HEGAR: Thank you. Could you help me understand, Senator Fraser, I know Senator Birdwell just asked about BRA and that same line when we're talking about two certain -- two water supply reservoirs and was -- which river authority does this apply to?

SENATOR TROY FRASER: Any river authority that has an adjudicated permit has this. This one for sure would apply to the LCRA.

SENATOR GLENN HEGAR: So this applies to LCRA so would the --

SENATOR TROY FRASER: Any adjudicated permit that's put into the law and says would live by the terms of any adjudicated permit.

SENATOR GLENN HEGAR: And so can you help me understand why do we need to put this in law? Why do we need to put this in statute?

SENATOR TROY FRASER: To make sure the river authority is complying with the rules of the adjudicated permit.

SENATOR GLENN HEGAR: So are you saying today the LCRA is not conforming to their adjudicated permit?

SENATOR TROY FRASER: We're clarifying that any river authority that has adjudicated a permit that they would be required to live by the rules of the adjudicated permit.

SENATOR GLENN HEGAR: And so I guess is this amendment in some form or fashion changing lake levels and the trigger levels dealing with the LCRA?

SENATOR TROY FRASER: It is saying if they have an adjudicated permit they would live within the parameters of the adjudicated permit.

SENATOR GLENN HEGAR: Do you believe today they are not living within those parameters?

SENATOR TROY FRASER: I am not making a determination either way. We are just saying that if they have an adjudicated permit that's put in place that that river authority should live within the parameters of that adjudicated permit and that statute should require that.

SENATOR GLENN HEGAR: What I'm having a hard time understanding is that being one of the senators that represent the LCRA area and we're talking about an adjudicated permit putting something in statute, then it makes me begin to wonder what are we changing in law?

SENATOR TROY FRASER: We are saying that if a river authority has an adjudicated permit, they should live within the parameters of the adjudicated permit.

SENATOR GLENN HEGAR: I would ask if you'd give me a few minutes, I'm sure you have some other amendments that are coming up. If you'd pull this one down, then maybe I can understand, then maybe I'd be on the same page as you and that way I'd be fully cognizant of what I'm voting on here.

SENATOR TROY FRASER: I think we have some other questions and you can do that --

SENATOR GLENN HEGAR: Okay. I'll yield.

SENATOR TROY FRASER: Yes.

SENATOR STEVE OGDEN: Senator Duncan, for what purpose do you rise?

SENATOR ROBERT DUNCAN: Question of the author.

SENATOR STEVE OGDEN: You're recognized.

SENATOR ROBERT DUNCAN: Senator Fraser and Mr. Chairman, how many amendments do you have up there on the table?

SENATOR TROY FRASER: How many amendments? I have two or three, but there are a lot of amendments. This is a caption that's probably become a Christmas tree, I understand other members -- there's a lot of amendments that may go on this bill.

SENATOR ROBERT DUNCAN: Have you seen the amendments?

SENATOR TROY FRASER: I believe we have seen -- I think we've seen all of the amendments.

SENATOR ROBERT DUNCAN: Have you shared the amendments with the committee that you Chair?

SENATOR TROY FRASER: I don't think that's generally the way that you share them with the committee. I think that they're laid out and we look at them and they're filed. But I say probably not but I -- let me answer this by saying that the bulk of these amendments probably are things you've seen in our committee that have gone through because most of the people that have brought me issues that they would like to put on here are things that we've seen once before.

SENATOR ROBERT DUNCAN: Did we pass them?

SENATOR TROY FRASER: I don't know the answer to that, my staff is saying no because there's a --

SENATOR ROBERT DUNCAN: Did they not pass maybe because --

SENATOR TROY FRASER: Tell you what, I'll do this. If the bill comes up, we can ask the question. Of the ones that are coming up that we're laying out, I will advise if we've seen them before and if they were in the committee and didn't pass, I will advise of that. If the member lays one out and I don't know the history of it, we'll have to ask the member that's laying it out.

SENATOR ROBERT DUNCAN: Here's the concern I have. There's probably no more -- no issue that's of more importance to members on -- and I wish the members would listen to this. This is an important bill and the issues that are coming up here, the base bill was fine, I know one amendment we passed out of the body and worked on. But whenever you're putting amendments on that affect lakes and rivers and water and groundwater, surface water of all kinds, you're affecting people's districts and if these amendments did not pass muster in committee or were not bedded, well, we may make some pretty big mistakes here that we'll all regret. And I would like a little time to look at these amendments to make sure there's nothing that's adversely affecting my district. I'm sure other members would at least like to have an opportunity to look at these amendments to make sure they don't adversely affect their districts. Would you be willing to postpone so we can do that?

SENATOR TROY FRASER: We can do that but, Senator, these amendments have been sitting up there all day and you knew these were coming and you knew the caption was broad enough. I don't disagree with what you're saying, but if there's an amendment that's laid out that you think adversely affects your area, I would do that but I'm -- you know --

SENATOR ROBERT DUNCAN: Well, I haven't had a chance to look at the amendments. They've been sitting up there on the desk without being distributed and I think when we're talking about such serious things as water, surface water and groundwater, we better be careful about what we're doing. I think we already had some confusion by members earlier about an amendment that was voted on and they thought they were voting on one amendment when, in fact, they vote -- in fact the vote was being taken on another amendment. I'm just trying to slow this down a little, bit so nobody gets hurt --

SENATOR TROY FRASER: How much time are you asking for?

SENATOR ROBERT DUNCAN: I'd say an hour.

SENATOR TROY FRASER: Huh?

SENATOR ROBERT DUNCAN: I'd say an hour.

SENATOR TROY FRASER: Are we going to be in session in an hour?

SENATOR ROBERT DUNCAN: I'm not advised.

SENATOR TROY FRASER: Mr. President --

SENATOR ROBERT DUNCAN: Today I just want a little time to see what we're doing.

SENATOR TROY FRASER: How about if we -- we some of the amendments if we have an amendment -- some of them are going to be very straightforward and it's going to take us a while to get through them and some I don't think there's controversy, if there is one I don't mind pulling it down so we can look at it, I just --

SENATOR ROBERT DUNCAN: Well, some members -- well, let's -- could we approach the bench?

SENATOR TROY FRASER: Mr. President, parliamentary inquiry. They're asking for a delay as much as an hour, will we be in session for another hour? We will be.

SENATOR STEVE OGDEN: Senator Fraser, do you want to temporarily withdraw consideration of your bill?

SENATOR TROY FRASER: Mr. President --

SENATOR STEVE OGDEN: Hold on a second. Senator Fraser, you're recognized.

SENATOR TROY FRASER: After visiting with the members and the parliamentarian, it's obvious that there's numerous amendments here that I think some of the members want to review. There's also a potential about the question of germaneness of one of the amendments and if it did, it would take some time. If we do that it's going to bog down the session. I would suggest that maybe out of respecting the time of the body, let's pull it down, give the members to look at it. Because I think once they look at it, they'll be a lot more comfortable. Most of these bills have been seen but we're also going to have the question about the germaneness about the amendment, so I would now move to postpone this bill or just pull it down. It is eligible tomorrow, and I'll just bring it up tomorrow. Would that be fine? It will be eligible tomorrow, won't it?

SENATOR GLENN HEGAR: Mr. President.

SENATOR STEVE OGDEN: Senator Hegar, for what purpose do you rise?

SENATOR GLENN HEGAR: Before Senator Fraser makes that motion, would you withdraw your motion and allow me to make the point of order question so the parliamentarian could look at that while in between today and tomorrow?

SENATOR TROY FRASER: Would that be appropriate? Because I know it's coming and I would like to have a ruling on that. Could I withdraw my motion to appeal, allow him to a point of order and then we do a -- before you rule, we could postpone?

SENATOR STEVE OGDEN: All right.

SENATOR TROY FRASER: Which order would you like to do that, Madam Parliamentarian? And I guess the question if we know it's coming, there's going to have to be a review so the net result's going to be the same.

SENATOR STEVE OGDEN: All right. Senator Fraser -- Senator Hegar, you have a parliamentary inquiry?

SENATOR GLENN HEGAR: Yes, sir. Parliamentary inquiry, Mr. President. I'd like to raise a point of order against floor amendment No. 3 according to germaneness of rule 7.15 that this amendment is not germane to the bill, that the bill deals with chapter 36 and groundwater -- MUD districts and this deals with a river authority and water management affirmed water versus erupted water and it's not germane to the bill.

SENATOR STEVE OGDEN: Come on up. All right. Senator Fraser, you're now recognized for a motion.

SENATOR TROY FRASER: And, members, because we got a point of order and people want to review the bills, I think it would be better, if I would be allowed, I would like to postpone the bill and the ruling on the germaneness until tomorrow, if that would be acceptable.

SENATOR STEVE OGDEN: All right. Senator, if we just postpone consideration, it will accomplish what you asked. Senator Fraser moves to postpone further consideration of Committee Substitute to House Bill 725 until tomorrow. Is there objection? Chair hears none, the bill is postponed. Senator Zaffirini. Senator Zaffirini is recognized for a motion to suspend the regular order of business on Senate Bill 1927.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move to suspend the Senate's regular order of business in order to take up and consider at this time Senate Bill 1927 which relates to the authority of certain volunteer firefighter and emergency services organizations to hold tax free sales or auctions. This bill was reported by the finance committee. Recently Texas has experienced large and devastating wildfires. Nonprofit volunteer fire departments are the ones battling these fires. These exceptional fires have taxed the financial resources of many departments to depend on fundraisers and donations for much of their operating revenue. Currently, however, nonprofit organizations are limited in the number of tax free fundraisers they can hold. Senate Bill 927 would authorize volunteer fire departments to hold ten tax free sales or auctions during a calendar year, authorize each tax free sale or auction to continue for not more than 72-hours and provide that the storage, use or consumption of a taxable item that's acquired from a qualified organization at a tax free sale or auction is exempt from the use of tax until it is resold or transferred. By expanding this tax exemption volunteer firefighters will be able to raise additional revenue to fund training, equipment and operations. Mr. President, I move suspension.

SENATOR STEVE OGDEN: : Senator Zaffirini moves suspension of the regular order of business to take up and consider Senate Bill 1927. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Senate Bill 1927. The secretary will read the caption.

PATSY SPAW: Senate Bill 1927 relating to the authority of certain volunteer firefighters and emergency service organizations to hold tax free sales or auctions.

SENATOR STEVE OGDEN: Senator Zaffirini is recognized for a motion.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. I move passage to engrossment.

SENATOR STEVE OGDEN: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 30 ayes and one nay, the bill is passed to engrossment. Senator Zaffirini is recognized for a motion to suspend the constitutional three day rule.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. I move to suspend the constitutional rule that bills be heard on three several days.

SENATOR STEVE OGDEN: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 30 ayes and one nay, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Senate Bill 1927. The secretary will read the caption.

PATSY SPAW: Senate Bill 1927 relating to the authority of certain volunteer firefighter or emergency service organizations to hold tax free sale auctions.

SENATOR STEVE OGDEN: Senator Zaffirini, you're recognized for a motion.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. I move final passage.

SENATOR STEVE OGDEN: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: 30 ayes and one nay, the bill is finally passed. Thank you, Senator.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President and members.

SENATOR STEVE OGDEN: Senator Fraser. All right. Members, we're going to back up on a bill that we passed yesterday. It's House Bill 1665. I know there's a lot of interest on that. I'm going to recognize Senator Van de Putte for a motion to reconsider the vote by which House Bill 1665 which finally passed. Senator Van de Putte, you were on the prevailing side; is that correct?

SENATOR LETICIA VAN DE PUTTE: That's correct.

SENATOR STEVE OGDEN: Members, it takes a majority vote on this motion. Senator Van de Putte, you're recognized for a motion.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, I move to reconsider the motion by which we passed House Bill 1665. Members, if you remember yesterday this is the bill that started out as a local bill that allowed defense base authorities in communities that were of less than 135,000 and more than 110,000 which only relates to one defense authority and that's the defense authority of Abilene. Senator Wentworth successfully put on an amendment that -- I'm sorry, Senator Fraser put on an amendment that expands this and had a tree -- basically the ordinance that would negatively affect Camp Bullis in San Antonio. And so, members, to give us the opportunity to discuss this amendment that has a devastating effect, we move to reconsider the vote by which we passed yesterday House Bill 1665.

SENATOR STEVE OGDEN: Senator Fraser, for what purpose do you rise?

SENATOR TROY FRASER: If I could respond to the motion to reconsider.

SENATOR STEVE OGDEN: You're recognized.

SENATOR TROY FRASER: Members, the description that Senator Van de Putte gave is partially correct, but it's also partially incorrect. This is a bill that we've seen all session. It was one that was fueled by Senator Nichols and that we've had a lot of debate on. I had a light bill that would impact within the city limits, which would be correct, as she said, that would have affected Camp Bullis. This particular bill that we're talking about is -- it's very clear and it just says that if you're in the city limits of the city, that city has the right to tell you what you can do with your private property. I actually disagree with that, but that's not what this bill is about. This is saying if you're in the ETJ of a city you can't vote for the city council people, you're not paying taxes, you're not really receiving services, you do not live in the city, that if that's the case the city does not have the right to tell you what you can do with the vegetation on your property. It's a very clear personal property right issue is that a city should not have the right to tell you what you can do if you are not within the city and receiving services of that city. In response to the question about Camp Bullis, they are in the ETJ and because they're a military establishment we have drawn -- in the amendment I laid out yesterday it draws a 3-mile circle around every military installation, so Camp Bullis is not included in this and the description that Senator Van de Putte described about Camp Bullis, they're exempt from this amendment.

SENATOR STEVE OGDEN: Senator Wentworth, for what purpose do you rise?

SENATOR JEFF WENTWORTH: I'd like to ask Senator Van de Putte a question or two if I may.

SENATOR STEVE OGDEN: You're recognized.

SENATOR LETICIA VAN DE PUTTE: I yield, Mr. President.

SENATOR JEFF WENTWORTH: Senator Van de Putte, isn't it true that the city of San Antonio has passed a tree ordinance that extends out into their extraterritorial jurisdiction and that that tree ordinance has been challenged in district court and those that challenge it lost the case and they appealed it and they lost the case on appeal as well. So what this bill that Senator Fraser -- this amendment that Senator Fraser's trying to get us to agree to would overturn existing law?

SENATOR LETICIA VAN DE PUTTE: That's correct, Senator, and, in fact --

SENATOR JEFF WENTWORTH: And isn't it true, Senator Van de Putte, that the city of San Antonio's ordinance specifically says that if you live in a single family residency in the extraterritorial jurisdiction of your city, the tree ordinance does not apply to you. If you live on a half acre or 15 acres, if you have a single family residence and you want to cut down every tree on your place, private property, you can do that.

SENATOR LETICIA VAN DE PUTTE: That's correct, Senator.

SENATOR JEFF WENTWORTH: And if you have a farming, ranching, or agricultural operation in the ETJ of San Antonio and you want to cut down every tree on your place, the San Antonio city ordinance has no effect at all and you can cut down all your trees? Isn't it true that what we're trying to do is to stop clear cutting by out of state national home builders who want to come in with a bulldozer and scrape every oak tree and every mesquite tree and every tree off to make more money for their investors?

SENATOR LETICIA VAN DE PUTTE: That's correct, Senator. And by doing that, what happens with the tree ordinance, it makes -- Senator Fraser's amendment makes basically our tree ordinance null and void putting at risk the mission of Camp Bullis. Members, every single Army medic and now Navy medic, Navy Seal medic does its training at Fort Sam Houston. Fort Sam Houston is all encapsulated within the city of San Antonio. Its training grounds are 21 miles away at Camp Bullis, which is in Senator Wentworth's district. The response rate right now and the survivability of our fighting troops is 96 percent of those injured on the battlefield, if they can get them to the hospital in Bilad. All of the training is done at Camp Bullis. Members, I hope that you have seen -- and, Senator Wentworth, thank you very much for asking these questions. The pleas to our members from the Department of the Army, from the division, the assistant secretary of the Army who believes that this would make the notice -- because in our notice provision it is 8 miles. What Senator Fraser has done is lessen it to 3 miles. It would make Camp Bullis the island of refuge for the golden cheek warbler which is an endangered species. As Senator Wentworth, you've pointed out with the clear cutting here the golden cheek warbler comes on Camp Bullis, they can't use it for training. And it is very important for us to keep our battlefield medic capabilities responses for those training very important and that's why, members, you have seen emergency communications from the assistant secretary of the Army's office and from the Department of the Army to your desk. We hope that you have seen those pleading with you to please allow us to reconsider this vote. Senator Wentworth, you're right, if you're a private property owner, if you have one house, if you have half an acre, if you're a rancher or you're farmer, if you want to do that in the San Antonio tree ordinance has nothing, you can cut down every single tree, mesquite pecan, okay, but if you're a developer and come and do the types of the things that you have passed out you have to abide by the tree ordinance. And, Senator, I appreciate you bringing this. That tree ordinance has several capabilities, it's an 8-mile notice, it's a mitigation type of ordinance so that if a developer wants to come in and take that, they have to plant trees in another part, in the nearby Camp Bullis area. They can mitigate it, doesn't prohibit them, if a developer wants to come in, they just have to make sure that they don't endanger the critical mission for our fighting forces at Camp Bullis.

SENATOR JEFF WENTWORTH: Thank you, Senator.

SENATOR STEVE OGDEN: Senator Nichols, for what purpose do you rise?

SENATOR ROBERT NICHOLS: To discuss the motion before us. As I understand it, it is a debatable motion.

SENATOR STEVE OGDEN: It is. And so do you want to debate it?

SENATOR ROBERT NICHOLS: Yes, I do.

SENATOR STEVE OGDEN: You're recognized.

SENATOR ROBERT NICHOLS: Members, I encourage you not to vote to bring this vote back. The bill that was passed, even though it may have been mumbled or something, there's issues that are in there that are very critical to this state, and private property rights to the people of this state. We hear the term judicial activism often. This is what happened. We have a court and a set of judges who has determined for all of you s and all of the citizens that you represent that every city in this state can have a tree ordinance and can apply that tree ordinance, however rough it might be into their ETJ. It isn't about San Antonio. We have San Antonio members, this is where the court case came from. They decided to apply their court case -- I mean, their tree ordinance which actually seemed like a fairly reasonable ordinance to me, but they decided to apply it in their ETJ, naturally it was challenged, I would challenge if they did it in my city, and they went to the court, the 4th court of appeals, I believe it was, ruled that they can do that, that any city can apply their tree ordinance or vegetation ordinance into the ETJ. It's not just a San Antonio issue. It affects every city in the ETJ land in my district as well as yours. We heard Senator Fraser had a bill in his committee and natural resources about tree ordinances, we heard a lot of testimony, it was not my bill, it was his bill. Many of us sat and listened to that. In intergovernmental relations, I had a bill related to tree ordinances and vegetation in the ETJ, we heard a lot of testimony on that. Some of the things that came from that, city of Austin has an incredible tree ordinance. I was actually shocked to how extensive their tree ordinance was. We had one guy -- a 2-foot diameter oak tree, if you want to cut it down in your yard, not in a new development, but in your ward as a private citizen in the city of Austin, $18,800. But you've got to get a permit. We had a guy bring an actual photograph of his home where the tree was growing up pushing his slab, cracking his wall, you could take your fingers and stick it in his wall. He went to the city permit guy to get a permit, the guy said, no, you can't cut your tree. He said, you have got to go get an engineering study. Everybody on that committee got a picture and looked at it, everybody on the committee knew his home was being damaged, you're talking about protection of his home here. But he went ahead and had an engineering study done. He took the engineering study to the permit guy and the permit guy said no. And when he said no in testimony, we got the city of ordinance guy there, he said, no, because our engineer disagreed with your engineer. You can't cut your tree down even though it's destroying your home. Then he responded, talking about the inspector, that the tree must be dead for at least two years before you can cut it down. Two years. Someone from the committee asked a question, what do we do? Do we get a tree coroner, a tree coroner to determine the death of that tree so that we can establish when two years later is? That's how ridiculous some of these ordinances can get. The city of Austin under that very ordinance in your individual yard, under this court ruling, my understanding can apply into the ETJ. And, members, I'm concerned when we leave here they might decide to do that or any other city in this state. Any other city. As far as the military bases, everyone here, all 31 members support our military, we support our troops, we support our bases, we want to keep our bases and do everything we can to preserve those bases. Every single one of us. Senator Fraser put a 3-mile protection barrier around that. There seems to be an assumption there's going to be a clear cutting of everything out there. That is not the case. 3-mile protection barrier is pretty good. Last session I recall, this body voted special legislation for military bases in those counties to allow the counties -- y'all brought the bills to us so that we could -- you could issue bonds and buy the land to protect the buffers. I believe that was the legislation we passed on this floor. To protect those military bases. Have you -- I don't think you have bought the lands, I don't think they've issued the bonds. They decided they can take people's personal property in different ways and not have to do that. Members, I encourage you not to vote to withdraw this bill. Thank you.

SENATOR STEVE OGDEN: Senator Watson, for what purpose do you rise?

SENATOR KIRK WATSON: I'd like to ask a question of Senator Nichols.

SENATOR STEVE OGDEN: All right. Senator Nichols, you still have the floor. Senator Watson, you're recognized to ask Senator Nichols a question.

SENATOR ROBERT NICHOLS: Yes.

SENATOR KIRK WATSON: You indicated, and I think several of us know, you had a bill that dealt with this very issue. I think you just said that, right?

SENATOR ROBERT NICHOLS: Yes.

SENATOR KIRK WATSON: And you have not had that bill make it to the floor; is that correct?

SENATOR ROBERT NICHOLS: That's correct. We had it out of committee, did not make it to the floor.

SENATOR KIRK WATSON: So your bill didn't make it to the floor because you weren't able to suspend the rules on that bill.

SENATOR ROBERT NICHOLS: Yes, sir. But let me tell you that Senator Zaffirini in higher education had a bill that she had worked very, very hard on for higher education and Senator Wentworth from San Antonio could not get the votes to suspend to bring his bill on guns on campus to this body either -- he brought it up, he attached it to her bill over her objections and because the issue was so critical, this body adopted that amendment and I voted for it.

SENATOR KIRK WATSON: And I appreciate your passion on that but my memory on the difference between -- and I voted against Senator Wentworth's efforts to do that, but I will say that the difference between what Senator Wentworth did and what happened yesterday was Senator Wentworth was pretty clear and explicit and very articulate about what it was his amendment was getting ready to do to that bill. And as you pointed out in your opening comments, this may have been mumbled a little bit, that's not what Senator Wentworth did when he laid out his bill. Mr. President, I also would like to make a couple of comments about --

SENATOR ROBERT NICHOLS: Do I still have the floor or does he have the floor?

SENATOR KIRK WATSON: I appreciate --

SENATOR ROBERT NICHOLS: He said he wanted to ask a question, but I haven't finished responding.

SENATOR STEVE OGDEN: I apologize. Senator Nichols, you have the floor.

SENATOR ROBERT NICHOLS: Okay. And you're right, he did mumble, he was straight up about it even though she did not want it on there we voted to put it on there. Now, we are here one day later, everyone on this floor knows what we're talking about, everyone on this floor I think understands the issue and knows what the vote is. So how we're voting on the issue itself. Do we want to -- judges to judicial activism to take private property rights away from people in this state, that's the vote. That is the vote. It is an issue. I strongly encourage you to vote against that.

SENATOR KIRK WATSON: In response to that, let me just say this, Senator Nichols. You're right, it's a day later, people were ready yesterday but after the bill passed because of the ruling of the presiding officer that as a result of senatorial courtesy that we weren't going to have it brought back up, but you would have to agree to me regardless of whether it's right now, we know what it is that we're debating, the issue got here because of an effort to get around the two-thirds rule and the motion to suspend because you were unable to get the votes to suspend the rules and so --

SENATOR ROBERT NICHOLS: Just like Senator Wentworth on the guns on campus. He could not get the votes to bring it to the floor so he passed it to Senator Zaffirini's bill, could not get the votes --

SENATOR KIRK WATSON: An amendment certainly made it. But as you pointed out, there is a -- and you've agreed with me, there's a significant difference in the way that Senator Wentworth laid out his amendment and the debate that occurred on his amendment and what happened yesterday.

SENATOR ROBERT NICHOLS: I agree with you, there's a significant difference and now that we've had the evening to all think on it, now the issue is before us. We know the issue, so we're voting on the issue of whether or not you want courts to take private property rights away from me or not, in my opinion.

SENATOR KEVIN ELTIFE: Senator Watson.

SENATOR KIRK WATSON: I would like to speak on the motion to consider.

SENATOR KEVIN ELTIFE: Proceed.

SENATOR KIRK WATSON: Thank you very much. One of the things I want to point out is that while it's easy to characterize, as we just heard what the specific vote is, there are reasons that you have some of these ordinances. One of the reasons is to protect the property rights of private citizens when there is a clear cutting of land, because one of the things that happens is when there's a clear cutting of land and you need to have the ordinance to protect because what happens is these large subdivision developers, they clear acres of land of all vegetation and what that does is it leaves the soil very vulnerable to erosion. So one rainstorm can wash away enough topsoil to impact neighboring properties downstream in ways like filling up their boat docks and their slips with sediment. It makes a difference in fishing and swimming, the drinking water supply of reservoirs becomes filled with sediment. And flood channels become clogged with sediment. What occurs as a result of that is the cost of property owners. Private citizens and governmental entities in addition who get affected by it -- it has a huge cost. One storm can deposit up to cubic yards of sediment from 1 acre of land, so what happens is downstream property owners end up having to spend thousands of dollars to clean up the fugitive sediment from its upstreaming neighbors. It's also true that the cost to treat drinking water to remove sediment is higher than the cost to treat uncontaminated raw water. So the actions of one landowner that doesn't follow prudent land caring or erosion control and restoration practices can have severe and permanent impact on property owner's downstream. This amendment, this amendment was unable to get the votes to suspend. It has a significant impact on all of us that represent cities, and I would urge you to vote in favor of the motion to reconsider.

SENATOR KEVIN ELTIFE: Senator Wentworth, for what purpose?

SENATOR JEFF WENTWORTH: Mr. President, does Senator Van de Putte still have the floor or --

SENATOR KEVIN ELTIFE: Would you like to speak for or on the motion?

SENATOR JEFF WENTWORTH: I'd like to speak on the motion. I'd like to speak in favor of the motion and respectfully point out the vote is whether or not you uphold judicial activism or not. No. 1, it wasn't judicial activism. It was a dispute, it was settled in court. That's what our judicial branch of government is for. It was settled in court. The losers decided to appeal, it was appealed to the 4th court of appeals and the 4th court of appeals said, no, the district made the right decision. This is simply a motion whether or not to consider the bill that we voted on yesterday and I might point out the amendment was added on a vote of 31 to zero because none of us realized what the amendment actually did. It was only after we adopted the amendment that I realized what we'd done and I voted no and I think Senator Davis went up and registered a no as well, so it was a 29 to two vote on the whole bill. What we're doing is reconsidering that whole bill so we can then have a discussion on the amendment. So I urge a vote of aye on Senator Van de Putte's education to reconsider.

SENATOR KEVIN ELTIFE: Thank you, Senator Wentworth. Senator Van de Putte.

SENATOR LETICIA VAN DE PUTTE: Members, I appreciate the passion on the debate, but my motion is to reconsider the vote by which we passed yesterday's bill. I was temporarily off the floor, Senator, in the ladies room and heard something then came on, it was very quickly done. But, members, this is not about East Texas. It's not about property rights in West Texas. This motion is about the ability of this body to revisit an issue, an amendment that was put on very quickly and had Senator Fraser been on the floor yesterday, I would have been able to move to reconsider the vote. So this is about the ability of this body to be able to have a clear debate. I want to be able to have that debate as do the members from San Antonio. Senator Uresti, Senator Wentworth, and Senator Zaffirini. Because although I've heard a lot of impassioned pleas about what this does to other communities, Senator Wentworth's bill deals with defense base authorities. Defense -- yes, Senator Fraser's bill deals with defense base authorities. Now, defense base authorities were set up around a base and so the amendment doesn't deal with the trees in east Texas, it doesn't deal with the trees around any community except a base authority. The base authority is Camp Bullis in San Antonio, Texas and we plea with you, please give us the opportunity to revisit so that we can have the debate on what this does to our community. It was very mumbled yesterday, it was very rushed. What we ask is that you give us the courtesy and move to reconsider so we can have a discussion. With that, members, I move to reconsider the vote by which we passed House Bill 1665.

SENATOR KEVIN ELTIFE: Senator Patrick, for what purpose?

SENATOR DAN PATRICK: Yes, thank you, Mr. President and members. I think the best thing that happened to this body was we weren't rushed into a vote yesterday. I had the luxury that most members have not had because we heard this in committee, we had testimony and we listened and now we've had 24 hours to think through this very clearly. And what Senator Watson said a moment ago that everyone who represents a city -- I'm just saying what was said on this floor. I represent a big area and a big city and I stand with Senator Nichols not to reconsider because the one issue that should trump everything we should stand for in this floor -- the one issue we should stand for, it doesn't make any difference what city. I am just saying I represent a big city is what I am saying. I'm saying, Senator Van de Putte. I understand, I understand, I am saying when Senator Watson stands up and says, everyone who represents a city should vote to reconsider, the one issue that the 31 of us should always stand for above all else is private property rights. I just cannot believe that we think a city should reach into the ETJ and have authority over those people. I'm just -- to me I just can't even imagine that we should support that, so I think Senator Nichols who does not speak on the floor very often, as we know, he's one of our more quiet senators, which I'm not, but I think he was eloquent, I think he made his point and it's the right thing to do and I sure respect your argument and the argument of those who support your side but this is just so black and white and so clear in my mind. It was in committee. So I hope members will stand with Senator Fraser not to reconsider the vote.

SENATOR KEVIN ELTIFE: Senator Fraser, did you wish to be recognized? Senator Fraser --

SENATOR LETICIA VAN DE PUTTE: I would like to respond if that's --

SENATOR KEVIN ELTIFE: Senator Van de Putte, please proceed.

SENATOR LETICIA VAN DE PUTTE: Thank you. I appreciate the passion but every single legislative session we honor those wounded warriors, we honor those whose commitment to service to our country has made our debate even possible and yes, I'm passionate about property rights and you know that because I thought that even the bill we passed on eminent domain didn't go strong enough for private property rights. But this is not about just property rights. This is about the military base's mission and the only mission that Camp Bullis has is to serve as the training ground for the medical personnel that fight in Iraq and Afghanistan. And I'm so sorry we can't accommodate the profit of the developers because individual property rights. If you want to take down that tree, as you heard Senator Wentworth, you can. But when you put profit over the battlefield capabilities, and that's what this does, this only deals with a defense base authority bill. It doesn't have jurisdiction. If you look at Senator Fraser's bill, it says a permit of a defense community base authority. So unless you've had a base community authority in your district, it doesn't have -- this is about San Antonio only. This amendment was only about San Antonio, and I ask you to please allow us to debate that because we need those battlefield capabilities, we need the training mission at Camp Bullis. Members, please help us in moving to reconsider so that we can debate this. It is only about a base community authority and a tree ordinance in a base community authority and this one is San Antonio and Camp Bullis.

SENATOR KEVIN ELTIFE: Senator Fraser, for what purpose?

SENATOR TROY FRASER: Members, I appreciate the impassioned plea by Senator Van de Putte but it is -- I don't say it is a misrepresentation but it is not correct. There is a clear shield around military bases where within 3-mile this ordinance doesn't apply. If they're saying it's part of the developer, I don't think Camp Bullis is going to sell their land to a developer to allow it to be clear cut and it has no effect on that at all. This says that every military installation within an ETJ including the Air Force base and the area I'm in would not be impacted and it's just not correct. I would ask you to not move to reconsider.

SENATOR KEVIN ELTIFE: Thank you, Senator Fraser. Senator Van de Putte has made a motion to reconsider House Bill 1665. The secretary will call the roll. Members the motion is to reconsider.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR KEVIN ELTIFE: 16 ayes, 13 nays, the motion to reconsider passes.

SENATOR TROY FRASER: Mr. President.

SENATOR STEVE OGDEN: Senator Fraser, for what purpose?

SENATOR TROY FRASER: I would now move to postpone consideration of this bill until time certain 12:00 o'clock tomorrow.

SENATOR STEVE OGDEN: Senator Fraser moves to post --

SENATOR LETICIA VAN DE PUTTE: Mr. President.

SENATOR STEVE OGDEN: Hold on. Senator Fraser moves to postpone consideration of House Bill 1665 to tomorrow. Senator Van de Putte, for what purpose do you rise?

SENATOR LETICIA VAN DE PUTTE: Parliamentary inquiry.

SENATOR STEVE OGDEN: Make your inquiry.

SENATOR LETICIA VAN DE PUTTE: Mr. President, in postponing the bill until tomorrow, what vote is required to roll this back? By what vote do we need to succeed to reconsider the amendment?

SENATOR STEVE OGDEN: In order to reconsider that amendment, you have to go back to second reading and to go back to second reading would require a majority vote.

SENATOR LETICIA VAN DE PUTTE: Parliamentary inquiry, Mr. President.

SENATOR STEVE OGDEN: Yes.

SENATOR LETICIA VAN DE PUTTE: When postponement of the bill comes up tomorrow, would it be in order to recognize the motion since we're all back on the bill to proceed back to third reading and then to second reading?

SENATOR STEVE OGDEN: When Senator Fraser brings the bill back up for consideration on third reading, you could make a motion to reconsider the vote by which it was passed to third reading.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President.

SENATOR STEVE OGDEN: All right. The issue before the body is to postpone further consideration of House Bill 1665 to tomorrow. Is there objection? Chair hears none, bill is postponed. Senator Duncan. Senator Duncan is recognized for a motion to suspend the regular order of business to take up and consider Committee Substitute to House Bill 3134.

SENATOR ROBERT DUNCAN: Thank you, Mr. President and members. During the 81st legislative session industry came together and developed a comprehensive solution to the problems of inactive and abandoned wells. House Bill 3134 is a follow up to that legislation. The implementation of this new regulatory system requires significant changes of industry practices, and some operators have been caught offguard by the new requirements. House Bill 3134 seeks to prevent operators from being unfairly punished by allowing extra time and due process for both operators in the Railroad Commission. With that explanation I move suspension of the Senate's regular order of business to take up and consider Committee Substitute for House Bill 3134.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 3134. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 3134 relating to the plugging of inactive oil and gas wells.

SENATOR STEVE OGDEN: Senator Duncan is recognized for a motion.

SENATOR ROBERT DUNCAN: I move passage to third reading.

SENATOR STEVE OGDEN: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: There being 30 ayes, one present not voting, bill is passed to third reading. Senator Duncan is recognized for a motion to suspend the constitutional three day rule.

SENATOR ROBERT DUNCAN: Thank you, Mr. President. I move we suspend the constitutional rule that bills be read on three several days.

SENATOR STEVE OGDEN: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: There being 30 ayes, one present not voting, constitutional rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 3134. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 3134 relating to plugging up an active oil and gas wells.

SENATOR STEVE OGDEN: Senator Duncan is recognized for a motion.

SENATOR ROBERT DUNCAN: I move final passage.

SENATOR STEVE OGDEN: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 30 ayes and one present not voting, the bill is finally passed. Thank you. Senator Williams is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 228.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President. Members, tow truck operates are usually the first ones to an accident scene and often the only responders to an accident scene that involves only a breakdown or a flat tire and tragically on the average one tow operator is killed each week in the United States while providing services to motorist. As of this year 41 states are protecting tow operators through move over laws that they've enacted. That's what this bill does, it asks that when a tow operator -- it would require the operator of a vehicle to vacate the lane closest to the tow truck when driving on a highway or slow their speed down by 20 miles per hour. Mr. President, I move to suspend the regular order of business to take up and consider Committee Substitute to House Bill 378.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, rule is suspended. The Chair lays out on second -- the Chair lays out on second reading Committee Substitute to House Bill 378. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 378 relating to safety tow trucks on a highway.

SENATOR STEVE OGDEN: Chair recognizes Senator Williams.

SENATOR TOMMY WILLIAMS: I move passage to third reading.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, bill is passed to third reading. Senator Williams is recognized for a motion to suspend the constitutional three day rule.

SENATOR TOMMY WILLIAMS: So moved.

SENATOR STEVE OGDEN: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 30 ayes and one nay, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 378. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 378 relating to stationary tow trucks on a highway.

SENATOR STEVE OGDEN: Senator Williams, you're recognized for a motion.

SENATOR TOMMY WILLIAMS: I move final passage.

SENATOR STEVE OGDEN: Senator Jackson, for what purpose do you rise?

SENATOR MIKE JACKSON: Just a question of the author.

SENATOR STEVE OGDEN: You're recognized.

SENATOR MIKE JACKSON: Thank you. Senator Williams, I don't have the bill in front of me but hopefully you can let me know what the penalties are if you violate this law. This is pretty much the slow down/move over law that was passed a few sessions back with police officers with their lights on; is that correct?

SENATOR TOMMY WILLIAMS: Correct. And, Senator Jackson, this would only apply if a tow truck operator were performing the duties under section 2308 of the occupation code for him to have emergency vehicle protection and a violation would be a misdemeanor that would be punishable by a fine from one to $200. A misdemeanor by a fine of $500 if property damage occurs or a class B misdemeanor punishable for a fine of not more than $2,000 or fine in jail for a term not to exceed 180 days or both.

SENATOR MIKE JACKSON: Okay. Pretty stiff penalties then.

SENATOR TOMMY WILLIAMS: It is. If property damage is involved, it is pretty --

SENATOR MIKE JACKSON: And --

SENATOR TOMMY WILLIAMS: We have an average of one of these people killed every week in the country.

SENATOR MIKE JACKSON: And there were -- well, I don't know if it's still going anymore, but you had -- I'm sure you experienced it as well as I have in Houston. After a accident has happened, maybe several miles away on the whatever roadway you may be on, you see the wrecker driver speeding to the scene to try to get there so they can get their -- you know, get in line to see if they're going to get that business or not. Would this be with their yellow lights on, would that be applicable? You described some code --

SENATOR TOMMY WILLIAMS: That doesn't -- that wouldn't apply in this circumstance. They would have to be assisting a motorist on the side of the road and all it's asking, if they're doing that, that you either slow down by 20 miles per hour or pull into another lane if there's another lane available.

SENATOR MIKE JACKSON: Okay, thank you.

SENATOR TOMMY WILLIAMS: Uh-huh.

SENATOR STEVE OGDEN: Senator Williams moves final passage of Committee Substitute to House Bill 378. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 30 ayes and one nay, the bill is finally passed. Thank you.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President. Thank you, members. Thank you, Senator Jackson.

SENATOR STEVE OGDEN: Following motion in writing.

PATSY SPAW: Motion in writing. Mr. President, I ask unanimous consent for House Bill 3841 designating Farmer Market 9078 Hidalgo County as Rudy Villarreal Road to be withdrawn from the committee on transportation and homeland security and rereferred to the committee on international relations and trade. Senator Lucio, author, Senator Williams Chair committee from which bill is being withdrawn, Chair committee to which bill and being rereferred.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, motion in writing is adopted. Senator Carona is recognized for a motion to suspend the regular order of business on House Bill 1841.

SENATOR JOHN CARONA: Thank you, Mr. President and members. Members, a company with the nexus or physical presence in Texas that makes sales in the state is required to collect sales tax from its customers. However, an internet tax policy working group convened by the comptroller for public accounts made certain recommendations to the state regarding the maintenance of a fair and competitive environment for electronic commerce and the group advised that the use of an internet site if hosted from a server located in Texas should not constitute nexus. Despite that conclusion there has been some concern raised recently about out of state companies, that they will abandon use of any Texas base hosting internet business out of fear and be required to pay the state sales tax. So all this bill does is define internet hosting and provides that a company whose only activity in Texas is as a user of an internet hosting service is -- and is engaged in business with a physical presence shall not be subject to sales tax collection duties. I move suspension at this time, Mr. President.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 1841. The secretary will read the caption.

PATSY SPAW: House Bill 1841 relating to the taxability of internet hosting.

SENATOR STEVE OGDEN: Chair recognizes Senator Carona for a motion.

SENATOR JOHN CARONA: On this you would have laughed too, Mr. President. I move passage to third reading.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, bill is passed to third reading. Senator Carona is recognized for a motion to suspend the constitutional three day rule.

SENATOR JOHN CARONA: So moved, Mr. President.

SENATOR STEVE OGDEN: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: 31 ayes and no nays, constitutional three day rule is suspended. The Chair lays ow on third reading and final passage House Bill 1841. The secretary will read the caption.

PATSY SPAW: House Bill 1841 relating to the taxability of internet hosting.

SENATOR STEVE OGDEN: Senator Carona, you're recognized for a motion.

SENATOR JOHN CARONA: Mr. President, I move final passage.

SENATOR STEVE OGDEN: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: 31 ayes and no nays, the bill is finally passed. Thank you. Members, this is our last bill. Senator Estes, you're recognized on a motion to reconsider the vote by which House Bill 92 was finally passed.

SENATOR CRAIG ESTES: Thank you, Mr. President. Members, I promise this has nothing to do with tree ordinances or ETJs. But last Friday we passed a Committee Substitute for House Bill 92 with a floor amendment, my amendment, the House authors refused to concur, so in order to speed things up and avoid the need for a conference committee, I would like to reconsider the final passage and amend the bill, strip the amendment that was adopted on second reading. So, Mr. President, I move to reconsider the vote by which Committee Substitute House Bill 92 was finally passed.

SENATOR STEVE OGDEN: Members, you heard the motion. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 31 ayes and no nays, the motion to reconsider is adopted. Now, before us is -- the Chair lays out on third reading and final passage House Bill 92. The secretary will read the caption.

PATSY SPAW: House Bill 92 relating to regulation of slaughters by certain counties.

SENATOR STEVE OGDEN: Following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Estes.

SENATOR STEVE OGDEN: Chair recognizes Senator Estes on his amendment.

SENATOR CRAIG ESTES: Thank you, Mr. President and members. This amendment just strips the amendment that I added last Friday. I would ask to move adoption.

SENATOR STEVE OGDEN: Members, you've heard the motion. The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: Being 31 ayes and no nays, the amendment is adopted. Senator Estes, you're recognized for a motion.

SENATOR CRAIG ESTES: Thank you, Mr. President. I move final passage of Committee Substitute to House Bill 92.

SENATOR STEVE OGDEN: The secretary will call the roll.

PATSY SPAW: Birdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

SENATOR STEVE OGDEN: 31 ayes and no nays, House Bill 92 is finally passed again.

SENATOR CRAIG ESTES: Thank you, Mr. President and members.

SENATOR STEVE OGDEN: Thank you, Senator Estes. Senator Duncan. Following bill on first reference to committee.

PATSY SPAW: HCR129 to higher education.

SENATOR STEVE OGDEN: Members, previously today we had a water bill on the floor and we're passing out the amendment package. So, if you're interested in those amendments, they're coming to your desk. Senator Gallegos, for what purpose do you rise?

SENATOR MARIO GALLEGOS: Mr. President, my desk is clear.

SENATOR STEVE OGDEN: Okay. Thank you. The Chair announces the signing of the following in the presence of the Senate.

PATSY SPAW: House Bill 27, House Bill 563, House Bill 699, House Bill 843, House Bill 848, House Bill 908, House Bill 1028, House Bill 1106, House Bill 1380, House Bill 1390, House Bill 1401, House Bill 1405, House Bill 1829, House Bill 1956, House Bill 2229, House Bill 3,000, HCR69, HCR100, House Bill 35, House Bill 118, House Bill 184, House Bill 266, House Bill 315, House Bill 434, House Bill 460, House Bill 479, House Bill 625, House Bill 650, House Bill 679, House Bill 716, House Bill 726, House Bill 885, House Bill 988, House Bill 989, House Bill 993, House Bill 1061, House Bill 1130, House Bill 1174, House Bill 1263, House Bill 1344, House Bill 1449, House Bill 1488, House Bill 1503, House Bill 1545, House Bill 1566, House Bill 1567, House Bill 1570, House Bill 1674, House Bill 1779, House Bill 1861, House Bill 1862, House Bill 1869, House Bill 2033, House Bill 2035, House Bill 2144, House Bill 2251, House Bill 2271, House Bill 2351, House Bill 2360, House Bill 2376, House Bill 2495, House Bill 2615, House Bill 2631, House Bill 2670, House Bill 2699, House Bill 2866, House Bill 2920, House Bill 2935, House Bill 3,004, House Bill 3141, House Bill 3255, House Bill 3389, House Bill 3487, House Bill 3570, House Bill 3847, HCR33 and HCR143.

SENATOR STEVE OGDEN: All right. The president's desk is clear. Any announcements? Senator Shapiro.

SENATOR FLORENCE SHAPIRO: Yes, Mr. President. I move to suspend Senate rules 11.10, 11.18 so the Senate committee on education can meet upon adjournment at my desk to vote out pending bills.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, motion is adopted. Senator Wentworth.

SENATOR JEFF WENTWORTH: Mr. President, the motions already been made and passed, I just want to remind people that the open government committee is meeting at my desk upon adjournment to take up one bill.

SENATOR STEVE OGDEN: All right. Members, you heard the announcement. Senator Fraser.

SENATOR TROY FRASER: Mr. President, I would now move to suspend Senate rules 11.10 and 11.18 so the Senate committee on natural resources can meet at my desk upon adjournment to take up pending business which we're going to vote on the FERC, we're also going to hear and vote on House Bill 3866 which is relating to the date for the election of directors of the Hill County underground water conservation district.

SENATOR STEVE OGDEN: Members, you have heard the motion. Is there objection? Chair hears none, so ordered. Senator Birdwell.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President. Mr. President and members, the Senate higher education committee will meet tomorrow Friday May 20th at 7:30 a.m. in room E1016 in our normal hearing room. Thank you, Mr. President.

SENATOR STEVE OGDEN: Thank you, Senator Birdwell. Chair recognizes the Dean of the Senate for a highly privileged motion.

SENATOR JOHN WHITMIRE: Mr. President, could I yield to Senator Hinojosa and ask for a little order?

SENATOR STEVE OGDEN: Okay. Senator Hinojosa.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. Today I would like to adjourn in memory of Edward H. Heart. Edward H. Heart, the former publisher of the Corpus Christi Times gave more than $17 million locally to causes including higher education, environmental research and conservation died last night at the age of 88. Mr. Heart leaves a legacy of environmental preservation including donating with his brother 66,000 acres to Big Ben National Park and the endowment of a research institute to become a leader on golf studies, the Heart Research Institute. Garnering international attention after last year's oil spill. Edward and his wife Janet gave at least $20 million to various charities including a 1 million-dollar challenge grant to Corpus Christi Metro Ministries at a time when the agency was facing the possibility of shutting down its to two shelters. 1.8 million for a library in Flower Glove and 3.5 million for the performing arts center at the Texas A&M University of Corpus Christi. Mr. Heart is preceded in death by his wife Janet who died in 1999. He survived by his brother Houston, sons Christopher and William Heart, daughters are Elizabeth Owens and Julia Widdleson. Nine grandchildren, two step grandchildren and one great grandchild. Mr. Heart was a pillar of the Corpus Christi community and very much involved in improving the lives of all the citizens of the community. I move that we adjourn in memory of Mr. Edward H. heart.

SENATOR STEVE OGDEN: All right. Senator Duncan, for what purpose do you rise?

SENATOR ROBERT DUNCAN: I would join in Senator Hinojosa's motion and also, members, I need to announce that state affairs will reconvene 15 minutes upon adjournment here in the chamber.

SENATOR STEVE OGDEN: Senator Zaffirini.

SENATOR JUDITH ZAFFIRINI: Yes, Mr. President.

SENATOR STEVE OGDEN: For what purpose do you rise?

SENATOR JUDITH ZAFFIRINI: To move to suspend bills that we can hear a bill in committee tomorrow. Thank you, Mr. President and members. I move to suspend the 24-hour posting rule in accordance with with Senate rules 11.10 and 11.18 for the Senate higher education committee to consider House concurrent resolution 129 when we meet tomorrow morning at 7:30 a.m. in room 01.16.

SENATOR STEVE OGDEN: All right. You've heard the motion. Is there objection? Chair hears none.

SENATOR JUDITH ZAFFIRINI: 7:30.

SENATOR STEVE OGDEN: Chair hears none, motion is adopted.

SENATOR TROY FRASER: Committee on natural resources will meet at my desk immediately after session.

SENATOR STEVE OGDEN: All right. Members, Senator Whitmire.

SENATOR JOHN WHITMIRE: Thank you, Mr. President. I move that the Senate adjourn until 11:00 a.m. tomorrow in memory of Ashley Teresa Perritt and Edward Heart.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the Senate stands adjourned until 11:00 a.m. Friday May the 20th.

(Adjourned.)