Senate Transcript, May 20, 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. Will all on the floor and in the gallery please rise for the invocation to be delivered by Reverend Gary M. Renfro, Corinth Baptist Church of Austin.

PASTOR: Let us bow. Bless the Lord, O my soul, and all that is within me, I bless His holy name. Bless the Lord, O my soul, and forget not all His benefits. (Psalm 103:1-2) Father, we give You thanks for the benefit of a brand new day. Thank You for the benefit of allowing us to do today what we could not or were not able to do on yesterday. For the benefit of doing today those things that will secure our tomorrow. I thank You, Father, for the benefit of government and for these individuals in this room who devoted their time and their service to giving voice and veracity to the people of this great state. We bless You. Father, we love You. Have your way. This is our prayer. Amen.

SENATOR KEVIN ELTIFE: Thank you, Reverend, for being here today. 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 message from the House.

SENATOR KEVIN ELTIFE: Please 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 taken the following other action, SB1581 pursuant to a sustained point of order for violation Article III section --

SENATOR KEVIN ELTIFE: Thank you, Mr. Messenger. The Chair lays out the following resolution. Secretary, read the resolution.

PATSY SPAW: Senate Resolution 1036 congratulating the participants of the Texas Legislative Internship Program by Ellis.

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

SENATOR RODNEY ELLIS: Mr. President, I want to thank you for making a special exception today. Members, this is not a choir on the floor of the Senate. The chairman of administration and the fire marshal gave us special permission. These are young people who are in the Texas Legislative Internship Program. Members, I started this program when I first came to the Senate 20 years ago patterned after a similar program Congresswoman Nicky Leiland had in Washington, D.C. for ten kids in his district to go and work with other kids in the other districts of the United States Congress. This is the 20th year I started off with five students in the class of 1991, since then there have been over 400 students who have participated in the program. I'm not sure if that includes the 63 in this class. I'm very proud of the fact that there are three members currently in the Texas House of Representatives who started out where these young people started. Representative Anna Hernandez-Luna was our first TLIPer, Texas Legislative Internship Program participant to get elected to the House. Representative Armando Walle was the second one, and Representative Ron Reynolds is the third one. This is the 20th anniversary of this program, we have students in various legislatures offices, state agencies, we have them at the court of criminal appeals, the Supreme Court of Texas various state agencies and not for profit entities. I'm very proud, this is the first time we opened it up to students from Southern University Law School. We have five from Baylor, five from Tech, five from Stephen F. Austin, five from Lamar, two from Howard, one from University of Cape Town, South Africa, one from Kenya, one from Brazil, one who's not with us today but recently graduated from the Texas Department of Corrections where he was wrongfully incarcerated for years, he was here earlier this week. I want to mention briefly the few that are in my office, Chuck Franklin is a Rice graduate, raise your hand if you're up there, Chuck. Texas Tech, Chelsea Fraser is a graduate of Columbia. She's been working at the government operations committee and she's going to head off to Perdue in a couple of months to work on a masters and a PHD. Acona Kennedy who took off a semester from the OBJ school will go back to finish his degree. Wave, Connor. Elizabeth Tagley recently graduated from the Thurgood Marshal School of Law, she got academic credit for this semester. Senator Royce West, he will not get his stipend, but he's also in this class. You see him standing there. Janice Tolbin, a Baylor graduate, be off to Mississippi to do her training. Where are you, Janice? She's going to join Teach for America, so she'll be headed to Mississippi pretty soon. Timmy Wallace who is a graduate -- a law student at the University of Cape Town in South Africa. I saw his name on a lot of memos but didn't see him as long as I would have liked to have seen him. Now, I think he heads to, when the program ends, then back to South Africa. All of the interns did a great job, I'm not going to call all of their names out. There might be a couple of members if they're here who have their interns, they may want to make reference to them as well before we give them a round of applause.

SENATOR KEVIN ELTIFE: Thank you, Senator Ellis. Senator Zaffirini, you're recognized.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, it's my pleasure to rise in support of Senate Resolution 1036 recognizing the outstanding participants of the legislative internship program. And since 1990 Senator Ellis has been a wonderful steward from the program and a great mentor for these promising students. Thank you, Senator Ellis, for your wonderful work in this regard. We all appreciate it. Once more I'm delighted to recognize Diana Pineros, will you raise your hand, please? Can't see you, could you step forward, please? There she is. She is a TLIP intern in my office. Born in Columbia and lives in Houston, Diana has been an indispensable part of our team this session. A student at Baylor University majoring in international study, she has assisted with legislation with Senate finance committee issues. Thank you so much for your leadership, Diana, and your hard work. We really appreciate you in our office. Again, thank you, Senator Ellis.

SENATOR KEVIN ELTIFE: Thank you, Senator Zaffirini. Senator Seliger, you're recognized.

SENATOR KEL SELIGER: Thank you, Mr. President. Senator Ellis, I want to express my appreciation for including my office in the TLIP program. The people you brought to the Capitol make a difference and I think that the Capitol makes a difference in the future careers of very promising and intelligent people. Our TLIP intern this year is David Sneed. David attends Stephen F. Austin University. He's about the only person that could show up to the office before me and learn how to make better coffee. He studied criminal justice and was an (inaudible) at fraternity. He went on to work several years as a police officer and then returned to Stephen F. Austin to study political science and history. His efforts this session have been in the areas of education and school finance and it's been a good assignment for him. He's proven to be very effective at communicating with the numerous constituents that contact both in person and in writing with their concerns about public education and funding and he's a skilled communicator. David plans to continue serving his community through the political process. It's been a great honor having you in our office. Good luck.

SENATOR KEVIN ELTIFE: Thank you, Senator Seliger. Senator Rodriguez, you're recognized.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President. Mr. President and members, I too want to join Senator Ellis in thanking him for having created the program and setting it up. And as I'm listening to some of the other senators speak about the interest in our young folks in politics and the fact that you stated, Senator Ellis, that several graduates of the program, if you will, are already over at the House is a good indication because the intern that I had in my office Bryce Romero, and Bryce, would you please? He needs to raise his hand. There he is. Okay. Bryce Romero has been a true pleasure to have in our office as well. He's also interested in politics. By the way, Senator Ellis, he's from Port Neches and just graduated last weekend magna cum laude in political science from Lamar University. Aside from the good attitude and easy going personality he possesses, he has shown great eagerness to learn every process in our office. Now, members, this includes handing constituents' correspondence, assembling my materials for the floor and being a backup for me, providing research and analysis for some of my bills and everything else that we asked him to do. Great attitude. Thanks to his efforts, my office has been able to respond to all the incoming correspondence in a quick and effective manner in a way that I expected to do when I was elected to office. So I think he's getting a good start. He hopes to pursue a career in politics as an indicator, and I personally believe he's going achieve this without any problem whatsoever. Members, I'm so proud of Bryce's accomplishments both in school and in my office and I want to think him for his work. And I consider myself, Bryce, very honored for you to have worked in my office and to do everything you do for us. Thank you. And thank you, Senator Ellis, for this wonderful opportunity. Thank you, Senator Ellis.

SENATOR RODNEY ELLIS: Thank you, Senator Rodriguez. Senator Lucio, you're recognized.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. Thank you, Senator Ellis. I too want to join my colleagues in congratulating you for the work you've done. The future will require leadership and it's wonderful to see leadership here on the Texas Senate and in the House of representatives as well. I want to single out one of your colleagues, Houston Tower, because every time I go over to my son's -- there you go, Houston -- and not the city of Houston either, Houston Tower. But maybe he'll have a city named after him some day, Tower City. But seriously, we certainly appreciate all the work you have done. I know that, Houston, when I go into my son's office in the House, it's very serviceable, he knows how to treat people and he's very knowledgeable of the issues that are going on right here during this legislative session. We need your leadership worldwide, and it's important for us to look at what possibilities we are looking for in the future with your leadership to join hands around the world, to make sure that we create a better quality of life for all people in our great world and that we live in peace. Thank you very much for your service.

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

SENATOR ROYCE WEST: Thank you very much, Mr. President and members. I also rise to recognize and participate in this resolution. I would like to recognize Kevin Assame. Kevin, raise your hand. Raise your hand high, okay. He's been working with the Senate intergovernmental relations this session. Kevin is a second year masters of public administration student at the Barbara Jordan (inaudible) School of Public Affairs at the Texas Southern University. Prior to this he received his bachelor's of science degree from Texas A&M University. Kevin's already proved himself to be an invaluable asset to the IGR committee this session, assisting with reading the over 300 bills that were referred to this committee. The workload and the IGR session -- committee this session will serve Kevin well as he gets ready to enter into future endeavors. He plans to attend law school in the fall and the long hours of committee have helped prepare him, I am sure you as an attorney, for the long hours you'll spend reading case law in your first year of college, of law school and fortunately I think he's finally learn what the city is, the city of Austin that is. The first time Kevin attended a speech with me -- I can recall the first time he attended a speech with me and I asked him what city he was in. He replied Houston. You remember that, Kevin? And I said Kevin, you're in the city of Austin. And so to Kevin and all of the other interns, you are bright as the sun, you have got great -- you have got great futures ahead of you. Make certain that you take the experiences that you have incurred during this legislative session and make them a part of your foundation and you can only be successful in the future. Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator West. Senator Whitmire, you're recognized on the resolution.

SENATOR JOHN WHITMIRE: Thank you, Mr. President and members, and of course, Senator Ellis. Once again, you have an all star lineup in your TLIP interns and I'm so happy to have had the experience of having Ebony Miles in my office. She has outstanding family roots and we've had the opportunity to meet her mother and father but she's making a name in her own rite and I am pleased to introduce her this morning. But I'm really excited about watching her and her colleagues' future because y'all have had exposure to the system now. You need to go forward whether you stay in Austin or across the country and make a difference because that's why you're here today, to make a difference. You've certainly made a difference in these short five months. Ebony is from Memphis, Tennessee. She received her BS in public policy from the University of North Carolina Chapel Hill in 2010 and while an undergrad Ebony was heavily involved in the public service scholars program and participated in service learning trips to New Orleans, South Africa, among other locations. Her passion for politics and social change has led to her move to Austin after graduation to campaign grass roots campaign. Following this internship Ebony plans to move to Washington, D.C. to serve as a teaching fellow at the Excel charter school. Thank you, Ebony. Thank you each and every one of you and please stay in touch, we will always need your assistance and knowledge. Thank you, Senator Ellis.

SENATOR KEVIN ELTIFE: Thank you, Dean Whitmire. Senator Ellis moves adoption of the resolution. Is there objection? Chair hears none, Chair hears none, resolution is adopted.

SENATOR RODNEY ELLIS: Mr. President, thank you so much. I'm not going to ask any of you to go up and shake all of those hands. And again I want to thank you again for making this exception for letting the young people on the floor. Again will you please congratulate the class of 2011 Texas Legislative Internship Program.

SENATOR KEVIN ELTIFE: Thank you, Senator Ellis. The Chair recognizes Senator Nelson to introduce the doctor of the day.

SENATOR JANE NELSON: Thank you so much, Mr. President and members. I am very pleased to introduce the doctor of the day today, you all know her, she's been here since, what 1989, she has been a doctor for the day for us, Dr. Erica Swegler lives in Keller in my district and we have a family medical practice and family medicine in North Richland Hills. She was named physician of the year by Texas Academy of Family Physicians and is a past president of the academy, we always get a two-fer because her husband's been down with her every year that I can remember. We are most grateful, grateful that you are here to be our doctor for the day and grateful for all you do for the health of our families in Texas. Thank you, members. Help me please welcome our doctor for the day.

SENATOR KEVIN ELTIFE: Thank you, Senator Nelson. And thank you, Doctor, for being here today. Members, we have a memorial resolution. The Chair lays out the following resolution. Secretary please read the resolution.

PATSY SPAW: Senate Concurrent Resolution No. 55 in memory of the lives of John Clinton Formby and Margaret Clark Formby by Seliger.

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

SENATOR KEL SELIGER: Thank you, Mr. President. It's a great honor for me today to honor Margaret and Clint Formby. Clint attended Macadew High School, went to Texas Tech University and enlisted in the United States Army during World War II where he served as a staff sergeant and medic for the 205th general hospital in Marseilles, France. Margaret Formby attended Texas Tech also where she became the first Miss Texas Tech in 1949. Margaret and Clint lived life with passions pursuing careers and lifelong devotion to their love of West Texas. Clint Formby's for radio was evident with his daily radio show, Day by Day Philosopher, where he was known as the old philosopher long before he was old. His radio featured a wide variety of topics, ran for more than 50 years and is to this day the longest running daily radio show by a single broadcaster. Margaret had a lifelong interest in the roles that women in the western culture played and created a large collection of artifacts to highlight the legacy of women in West Texas. She created the Cowgirl Hall of Fame in Hartford, Texas which was later moved to Fort Worth with its foundation and artifacts from that collection. Clint was inducted into the Hall of Fame of the Texas Association of Broadcasters in 1984 and Margaret helped later form the Cowboys Symposium at Texas Tech University where she was inducted as the first woman in the Texas Tech University Rodeo Hall of Fame. They were married for more than 50 years and raised five children. Chip, Scott, marshal, Ben and the late Linda Kay. Margaret passed away in April of 2003 and Clint Formby passed away July 10th. And we honor them for their dedication, love and passion. And joining us today is Clint and Margaret's daughter Lisa Formby. Now, everything that I have on these notes is true and correct, but there's somewhat more to it. Even though there's one person on the floor who probably knew Clint Formby better than I did, Senator Duncan, the fact is that Clint Formby was a friend of mine and Clint had several loves of his life: His children, radio, and music, politics and Texas Tech University where he at one time was chairman of the board of regents. He had a quick and incisive sense of humor, never cruel or unkind but rye. And he was an apt observer of things political and had a interest, he was a lifelong Democrat but always a consistent and ardent supporter of people like me, because he wanted good government and representative government and he knew the difference. He was a very kind individual, he was sick for a number of times but I went to Hartford one day and he was in a facility there and he was sick and he knew how sick he was but he was still funny and his wit was sharp and his observances were always right on target. Clint Formby loved life. He just didn't have enough of it for all of us to get to know this really rare and unusual man. And today I hope you'll join me in passing Senate Concurrent Resolution honoring the lives of Clint and Margaret Formby.

SENATOR KEVIN ELTIFE: Thank you, Senator Seliger. Senator Duncan, you're recognized on the resolution.

SENATOR ROBERT DUNCAN: Thank you, Senator Seliger, for bringing this. I think many of the people on this floor knew Clint Formby. He grew up in Macadew, Texas, Macadew, Texas is a suburb of Dickens. If you don't know where that is, that's about 60 miles east of Lubbock right off of the Cap Rock. Grew up in the Dust Bowl days, went Texas Tech University and became an icon in broadcast radio. I was president of the AP Broadcast -- the National AP Broadcasters Association and literally was a great public servant for all of us here in the state of Texas. A funny story. When I was student body president at Tech, Clint happened to be the chairman of the board of regents but we didn't tell anybody. So it was a pretty interesting relationship we had, but he was always funny until the very end. And Margaret, the Cowgirl Hall of Fame is a national institution, started in little ole Hartford, Texas, Hartford's a little ole town compared to Austin but for those of us that grew up in West Texas, I think there's more cattle there than there are people, but anyway it was founded in Hartford, Texas, now it's moved to Fort Worth and is nationally known for preserving western heritage and the importance of women in the history of women and heritage. So those of you in Fort Worth in that area know about that. I think Justice Sandra Day O'Connor was recently inducted into that hall of fame. So these two people had a major impact on Texas and this country and, Senator Seliger, I really appreciate your friendship with him because I know he thought a lot of you. I think Congressman (inaudible) was here on the floor a while ago and they were good friends as well. So I'm really proud to stand here on the floor and support this resolution for Margaret and Clint. Thank you.

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

SENATOR EDDIE LUCIO: Thank you, Mr. President. Members, I'm very pleased today to be joined by State Representative Renee Oliveira from Brownsville and also State Representative Eddie Lucio the III here on the floor. Mr. President and members, at this time I would like us to welcome a very fine group of students from our district down in Brownsville, Texas who are in Austin today learning about our historic Capitol and the legislative process. Will Martine Leal and the students of Stell Middle School Project Citizen class please rise and be recognized for your hard work and leadership. The Project Citizen, members. The Project Citizen program helps participants learn how to monitor and influence public policy in the process, they develop support for democratic values and principals, tolerance and feelings of political efficiency. Mr. President and members, please help me give another big Texas size welcome to these outstanding young individuals and leaders of tomorrow. Welcome.

SENATOR KEVIN ELTIFE: Thank you, Senator Lucio. Students, welcome to the Texas Senate. Senator Van de Putte. The Chair lays out the following resolution. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 925 commending Eric S. Cooper recipient of the 2011 Executive Director of the Year Award from Feeding America by Van de Putte.

SENATOR LETICIA VAN DE PUTTE: Thank you.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Van de Putte on the resolution.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, it is a pleasure for me to rise today to offer Senate Resolution 925 in honor of our San Antonio food bank in particular, Mr. Eric Cooper who has been given so many awards. I stand with Senator Zaffirini and Senator Wentworth, Senator Uresti in recognizing not only our San Antonio food bank but the leadership there. Eric has been a fabulous director and during his tenure at the food bank he's had a phenomenal impact on the organization and the community that it serves in heightening our awareness of hunger and its adverse effects. We've increased the food provided to hungry families by seeing a $10 million capital campaign that allowed our food bank to move into a new facility as well as starting several cutting edge initiatives. In addition under Eric Cooper's leadership, we became the first and now the largest food stamp outreach program in Texas leading to change that $1 million grant from the Health and Human Service Commission to the Food Bank Network. Mr. Cooper and his team have also developed several programs: Project Hope, a community kitchen, and with Eric in charge, our food bank now helps out 58,000 individuals in any given week in terms of emergency assistance which doubled the amount from four years ago. I've learned that they're are now in agreement with the Department of Energy in Bexar County in effort to save money through the implementation of also solar and rain project which in turn will help more of our families in San Antonio. On the floor today I'm pleased to welcome Eric Cooper and Mr. Steve Koenig, our chairman of the San Antonio food bank board and also with them my former staff member and a wonderful advocate Mr. Mario Obledo. Mr. President, I move adoption of Senate Resolution 925.

SENATOR KEVIN ELTIFE: Thank you, Senator Van de Putte. Senator Uresti, you're recognized on the resolution.

SENATOR CARLOS URESTI: Thank you, Mr. President. Members, good morning. Senator Van de Putte, thank you for bringing this resolution, Senate Resolution 925. And I too congratulate the food bank for their wonderful work and of course, Eric Cooper, congratulations to you as well. As you all know our back to school event has been a tremendous hit when we provided 10,000 backpacks to the children on the south side of San Antonio and in my district and it's been successful in a large part due to y'alls work and the volunteers that serve at the food bank for stuffing those backpacks and providing school supplies. So my hats off to you and Eric and the food bank as well. So thank you, thank you. Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Senator Wentworth, you're recognized on the resolution.

SENATOR JEFF WENTWORTH: Thank you, Mr. President. Mr. President, I want to thank Senator Van de Putte for bringing this resolution and join both her and Senator Uresti and my comments in congratulations to the food bank. Senator Dewhurst and I took a tour of the food bank about a better part of a year ago now, I think and it's a very impressive facility, you're very ably advised legally by Mike Kubata, my good friend, and I'm happy to rise to congratulate Eric for the outstanding job he and the board and the staff do. Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator Wentworth. Thank you, Senator Uresti. Senator Van de Putte moves adoption of the resolution. Is there objection? Chair hears none, resolution is adopted. Senator Zaffirini. Chair lays out the following resolution. Secretary, please read the resolution.

PATSY SPAW: Senate Resolution 1045 declaring May 20th, 2011, as GenTX Day by Zaffirini.

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

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, it is my pleasure to sponsor Senate Resolution 1045 declaring May 20th as GenTX Day across the state of Texas. GenTX, members, stands for Generation Texas, an initiative of the Texas Higher Education Coordinating Board. It is a community based movement focused on creating a college going culture that produces the most successful generation ever in Texas. Its goal is to inspire Texas students by highlighting success stories of persons who face the same obstacles and challenges as students face today. Once more, Generation Texas aims to clarify the processes of applying to college and for financial aid and let students know that their community supports them in their decisions to pursue higher education. Finally Generation Texas invites business, chambers of commerce, elected officials, educators, community organizations, parents and families to participate. Today supporters and communities across Texas are celebrating and congratulating the students of Generation Texas by wearing their favorite college T-shirts and talking about colleges especially with young persons. Activities around the state include the issuance of mayoral proclamations in major cities, demonstrations of support from major companies like HEB, Clear Channel and

(inaudible), pep rallies at certain Houston area high schools and partnership with the Vince Young Foundation and a week's worth of activities in San Antonio culminating in a college signing day celebration at AT&T Center. Later today, members, each of you will receive a background paper on the initiative and lapel pin that I hope you will wear to show your support for the students of Generation Texas. Generation Texas is an innovative approach to getting our students on the path to higher education. Accordingly, I ask you that you join me in support of Senate Resolution 1045 as I move adoption.

SENATOR KEVIN ELTIFE: Thank you, Senator Zaffirini. Members, Senator Zaffirini moves adoption of the resolution. Is there objection? Chair hears none, resolution is adopted.

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

SENATOR KEVIN ELTIFE: Thank you, Senator Zaffirini. The Chair lays out the following resolution. Secretary, would please read the resolution.

PATSY SPAW: Senate Resolution 1009, WHEREAS, The Senate of the State of Texas is pleased to recognize the Hispanic Women's Network of Texas on the special occasion of its 25th anniversary; and WHEREAS, The concept for the Hispanic Women's Network of Texas began in 1986 when several notable women came together to discuss the need for a statewide organization to address the specific needs of Hispanic women; and WHEREAS, A steering committee was formed of 10 women from different geographic areas across the state who would poll their respective regions and meet in a statewide setting; a conference was held in Dallas in 1987 with 200 women from diverse backgrounds and occupations, who made a commitment to remain united and focus attention on common issues; that commitment remains at the forefront of the organization's efforts today; and WHEREAS, Members of the Hispanic Women's Network of Texas work to cultivate the social, cultural, legal, and educational interests of Hispanic women, and they have supported and sponsored such events as the Women's Right to Vote Celebration, Hispanic Summit and Emerging Leaders Conference, and other educational, mentoring, and intergenerational programs; and WHEREAS, The Hispanic Women's Network of Texas now has chapters in Austin, Corpus Christi, Dallas, Denton, Fort Worth, Houston, Laredo, the Rio Grande Valley, and San Antonio; members strive to celebrate and foster the positive image and values of the Hispanic culture; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby commend members of the Hispanic Women's Network of Texas for their continuing commitment, support, and recognition of the exceptional contributions of Hispanic women to their communities and this state; and, be it further RESOLVED, That a copy of this Resolution be prepared to commemorate the 25th anniversary of the creation of the Hispanic Women's Network of Texas by Van de Putte.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Van de Putte on the resolution.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, Senator Zaffirini and I are elated to join the Hispanic Women's Network of Texas in celebrating their 25th anniversary of service. Also with me on the floor are Representative Arnendez, Representative Tray Martinez Fisher, Representative Walle. These women have active components in all of our community and they really have a motto of serve, lead and empower. In the last 25 years these Latina trail blazers have expanded as you can see all over the state. Please join me in congratulating them in their statewide efforts. I'm pleased that we have in the gallery our state board Chair Maryann Kellem, Dr. Mary Jane Garza, the state board Chair, she's from Corpus Christi, Helen Cedille, who's the state parliamentarian, Maricela Martinez, the state secretary, Dr. Adela Gonzales, Marti Cascio, Lupe Morin, Annia Zavala. From the Rio Grande chapter, we have Diana Cantu and Adela Luna. From the Austin chapter Patty Mendoza, Irene Acosta. Also with us Gloria Garza, Tony Venzor, Monica Peraza, Yadira Gonzales, Claudia Nunez, Janie Cardenas, Liz Acosta Rutledge, Lupe Ochoa, and Lila Aguirre. Ladies, would you please stand and allow us to celebrate your 25 years of service. Thank you, Mr. President. Move adoption.

SENATOR KEVIN ELTIFE: Senator Zaffirini, you're recognized on the resolution.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. And thank you, Senator Van de Putte, for sponsoring this resolution as the other Hispanic woman in the Texas Senate. I understand not only your leadership but how much -- how well, you are supported by these women who support many elected officials, especially Hispanic women, and they have accomplished so much not only individually but also as a group. And for that reason I am proud to stand and join you in saluting these wonderful women. I stand and say (speaking Spanish).

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

SENATOR WENDY DAVIS: Thank you, Mr. President. In the north gallery today I am very proud to introduce a group of 4th and 5th graders from Dagget Montessori School in Fort Worth located in Senate district ten. Will y'all please stand for a minute? Look at all these bright faces of our future. Thank you so much for being in your Capitol today. I want to share with my colleagues some information about the wonderful school you attend. Dagget Montessori School was established in 1983. It was the first Montessori program in the Fort Worth ISD, it has an enrollment of about 550 students kindergarten through 8th grade. It's a Title I campus, it has a greenhouse, outside amphitheater, garden, picnic pavilion. The Montessori certified teachers use proven methods for successful learning outcomes. The school provides a unique individual instruction and prepares students for high school and beyond. Dagget Montessori School, because of all of your hard work, is an exemplary campus and has received gold performance awards in reading, writing, science and social studies. And I also want to recognize Linda Foster. Linda, where are you up there? Linda has been with Dagget Montessori School nearly from the beginning of its establishment. She is thought of fondly by the school's 4th and 5th grade students, but sadly she is retiring in the next few weeks when school concludes. Ms. Foster has made an indelible mark on the essential services and development to many of Fort Worth's youth and she will be sorely missed by her colleagues and her students. Members, please welcome me in joining -- join me in welcoming the Dagget Montessori School students and their fine teachers to our state Capitol, their state Capitol. Thank you so much for being here today.

SENATOR KEVIN ELTIFE: Thank you, Senator Davis. Students, welcome to the Texas Senate. Members, that concludes the morning call. The Chair recognizes Senator Nelson for a motion to suspend the regular order of business on House Bill 2366.

SENATOR JANE NELSON: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider House Bill 2366. This bill defines West Lake Academy, the only municipally owned and operated open enrollment charter school in Texas as a work site open enrollment charter school. This would exempt children of employees of municipality from the admission lottery. Federal guidelines apply this type of exemption so long as the total number of student is a small percentage of the school's total enrollment. The total number of impacted students under this legislation is less than 1 percent of enrollment. I move suspension.

SENATOR KEVIN ELTIFE: Senator Nelson moves suspension of the regular order of business to take up and consider House Bill 2366. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 2366. The secretary will read the caption.

PATSY SPAW: House Bill 2366 relating to the authority of an open enrollment charter school offered by admissions to give preference of admission to children of employees of the municipality.

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

SENATOR JANE NELSON: I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Nelson moves passage to third reading. Is there objection? Chair hears none, House Bill 2366 is passed to third radding. Senator Nelson, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR JANE NELSON: I do move that we suspend the constitutional three day rule.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 2366. The secretary will read the caption.

PATSY SPAW: House Bill 2366 relating to the authority of an open enrollment charter school to give preference to certain children.

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

SENATOR JANE NELSON: Move final passage of House Bill 2366.

SENATOR KEVIN ELTIFE: Senator Nelson moves final passage of House Bill 2366. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 2366 is finally passed.

SENATOR JANE NELSON: Thank you, Mr. President. Thank you, members.

SENATOR KEVIN ELTIFE: Congratulations, Senator Nelson. Senator Williams is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 1992.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business for the Committee Substitute to House Bill 1992. This -- members, the Texas Animal Health Commission is being transformed from an agency that relies almost entirely on general revenue to approximately 50 percent fee base funding. House Bill 1 directs the commission to raise fees to offset corresponding decreases in general revenue. The Committee Substitute to House Bill 1992 gives the commission the flexibility needed to consider all the possibilities for new revenue streams and accept new fees. The new fees are set to be sunset in September of 2015. Similar language to this Committee Substitute already passed the Senate and Article VI in the fiscal matters bill which would be Senate Bill 1584. Mr. President, I move to suspend the Senate's regular order of business to take up and consider the Committee Substitute to House Bill 1992.

SENATOR KEVIN ELTIFE: Senator Williams move suspension of the regular order of business to take up and consider Committee Substitute to House Bill 1992. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 1992. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1992 relating to the authority of the Texas Animal Health Commission to set and collect fees.

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

SENATOR TOMMY WILLIAMS: I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Williams now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 1992 is passed to third reading. Senator Williams, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 1992. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1992 relating to the authority of the Texas Animal Health Commission to set and collect fees.

SENATOR KEVIN ELTIFE: Senator Williams, you're recognized for a motion on final passage.

SENATOR TOMMY WILLIAMS: I move final passage.

SENATOR KEVIN ELTIFE: Senator Williams moves final passage of Committee Substitute to House Bill 1992. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, Committee Substitute to House Bill 1992 is finally passed. Congratulations, Senator Williams.

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

SENATOR KEVIN ELTIFE: Senator Jackson's recognized for a motion to suspend the regular order of business on House Bill 1120.

SENATOR MIKE JACKSON: Thank you, Mr. President and members. House Bill 1120 really takes some -- what it really does is just deletes a special district from chapter 3875 that was created a couple of years ago for a management district. And as you know, members, the residents of those management districts have to approve by voting for or against the creation. In this case they voted this management district down 783 votes against and 78 votes for. So what we're doing is following their wishes and we're removing this section from the law as well. So it will just totally get rid of it. It will be less government, Mr. President, and I would move to suspend the regular order of business to take up and consider House Bill 1120.

SENATOR KEVIN ELTIFE: Senator Jackson moves suspension of the regular order of business to take up and consider House Bill 1120. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 1120. The secretary will read the caption.

PATSY SPAW: House Bill 1120 relating to the dissolution of the Country Place Management District.

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

SENATOR MIKE JACKSON: I move passage to third reading, Mr. President.

SENATOR KEVIN ELTIFE: Senator Jackson moves passage to third reading. Is there objection? Chair hears none, House Bill 1120 is passed to third reading. Senator Jackson, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR MIKE JACKSON: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 1120. The secretary will read the caption.

PATSY SPAW: House Bill 1120 relating to the dissolution of the Country Place Management District.

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

SENATOR MIKE JACKSON: I move final passage, Mr. President.

SENATOR KEVIN ELTIFE: Senator Jackson now moves final passage of House Bill 1120. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 1120 is finally passed. Congratulations, Senator Jackson.

SENATOR MIKE JACKSON: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Senator Harris is recognized for a motion to suspend the regular order of business on House Bill 2900.

SENATOR CHRIS HARRIS: Thank you, Mr. President. Members, 2900 amends several sections of the probate code regarding guardianship including bond filing required for a transfer from another state in consideration of the most appropriate form for the guardianship. Members, we also have a couple of amendments to this which simply puts previously passed Senate bills on to the House bill. Move suspension.

SENATOR KEVIN ELTIFE: Members, Senator Harris moves suspension of the regular order of business to take up and consider House Bill 2900. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 2900. The secretary will read the caption.

PATSY SPAW: House Bill 2900 relating to guardianship matters in proceedings.

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

PATSY SPAW: Floor amendment No. 1 by Harris.

SENATOR KEVIN ELTIFE: Senator Harris to explain the amendment.

SENATOR CHRIS HARRIS: Thank you, Mr. President. This -- a person -- this basically goes on a person who is not entitled to receive notice of the filing of an application for guardianship or under certain section or of this code must obtain leave of court to appear to contest guardianship. Move adoption of amendment No. 1.

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

SENATOR CHRIS HARRIS: There wasn't two of them?

SENATOR KEVIN ELTIFE: No, sir, only one.

SENATOR CHRIS HARRIS: All right. Mr. President, I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Harris moves passage to third reading. Is there objection? Chair hears none, House Bill 2900 is passed to third reading. Senator Harris, you're recognize to suspend the constitutional three day rule.

SENATOR CHRIS HARRIS: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2900. The secretary will read the caption.

PATSY SPAW: House Bill 2900 relating to guardianship matters and proceedings.

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

SENATOR CHRIS HARRIS: Move final passage, Mr. President.

SENATOR KEVIN ELTIFE: Senator Harris now moves final passage of House Bill 2900. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 2900 is finally passed. Congratulations, Senator Harris.

SENATOR CHRIS HARRIS: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Senator Hinojosa is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 1887.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. I move to suspend the regular order of business to take up and consider subcommittee substitute to House Bill 1887. This is a cleanup bill for property tax protest and appeals. This bill was crafted by all stakeholders of special districts, consumers and property tax attorneys. The bill addresses several administrative inefficiencies that all parties involved in the property tax appeal have found costly and time consuming and inefficient. The bill passed the House on local and consent and it was sent to the local calendar here in the Senate but we have to put an amendment correcting a situation regarding state bar. And I offer the amendment and I move suspension.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 1887. Is there objection? Chair hears none, the rule is suspended. Chair lays out on second reading Committee Substitute to House Bill 1887. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 187 relating to tax administration of and procedures for a property tax protest and appeals.

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 is the amendment I was discussing earlier and what it does it makes reference to a rule of the state bar. The rule number is set to change this amendment -- this rule sets to change state bar so this amendment makes a general reference to the state bar office of Childersburg Counsel. I move adoption.

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

SENATOR JUAN HINOJOSA: I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Hinojosa now moves passage to third reading. Is there objection? Chair hears none, me substitute House Bill 1887 is passed to third reading. Senator Hinojosa, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR JUAN HINOJOSA: I move suspension.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, and zero nays, rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 1887. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1887 relating to tax administration of and procedures for a property tax protest.

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

SENATOR JUAN HINOJOSA: I move final passage, Mr. President.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves final passage of House Bill 187 as amended. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute to House Bill 1887 is finally passed. Congratulations, Senator Hinojosa.

SENATOR JUAN HINOJOSA: Thank you.

SENATOR KEVIN ELTIFE: Senator Seliger is recognized for a motion to suspend the regular order of business on House Bill 361.

SENATOR KEL SELIGER: Mr. President, I move to suspend the regular order of business to take up and consider House Bill 361 at this time relating to the agricultural advisory board of an appraisal district. Due to a conflict of interest the United States Drug and Food Administration will not allow members of the natural agriculture service commission to serve on the agricultural appraisal advisory board. HB361 removes the requirement that one of the members of the advisory board be a representative of the Natural Conservation Services conforming to USDA protocol. I move suspension.

SENATOR KEVIN ELTIFE: Senator Seliger moves suspension of the regular order of business to take up and consider House Bill 361. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 361. The secretary will read the caption.

PATSY SPAW: House Bill 361 relating to agricultural advisory board of an appraisal district.

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

SENATOR KEL SELIGER: Mr. President, I move passage to third reading of House Bill 361.

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

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, rule is suspended. The Chair lays out on third reading and final passage House Bill 361. The secretary will read the caption.

PATSY SPAW: House Bill 361 relating to agricultural and advisory board for an appraisal district.

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

SENATOR KEL SELIGER: I move final passage of House Bill 361.

SENATOR KEVIN ELTIFE: Senator Seliger now moves final passage of House Bill 361. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays House Bill 361 finally passed. Congratulations, Senator Seliger.

SENATOR KEL SELIGER: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Senator Deuell. Senator Deuell. Senator Deuell, you're recognized for a motion to suspend the regular order of business on House Bill 2048.

SENATOR BOB DEUELL: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business so that we can take up and consider House Bill 2048. Members, local governments have limited authority to audit and collect delinquent hotel occupancy taxes under their jurisdiction. When a municipality or a county is made aware of a failure to collect the tax and file a tax report as required or pay the tax when due, the municipality or county will often discovery corresponding accounting tax delinquency in the state hotel occupancy tax as well. However, a municipality or county currently has no incentive to share that information with the state of Texas. This bill addresses these matters by clarifying or establishing municipality and county authority with respect to local audits and hotels within their respected jurisdiction and providing incentives to encourage local governments to share their audit findings with the comptroller of public accounts. I move suspension.

SENATOR KEVIN ELTIFE: Senator Deuell moves suspension of the regular order of business to take up and consider House Bill 2048. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 2048. The secretary will read the caption.

PATSY SPAW: House Bill 2048 relating to the collection and enforcement of state and local hotel occupancy taxes.

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

PATSY SPAW: Floor amendment No. 1 by Deuell.

SENATOR KEVIN ELTIFE: Senator Deuell is recognize to explain the amendment.

SENATOR BOB DEUELL: Thank you, Mr. President. Members, this amendment simply adds clarifying language that was suggested by the comptroller's office. It clarifies that any amount of tax the comptroller remits back to local government is only made after the comptroller receives final payment. It is not substantiative and doesn't change the intent of the bill in any fashion.

SENATOR KEVIN ELTIFE: Senator Deuell moves adoption of floor amendment No. 1. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Senator Deuell, you're recognized -- excuse me we have another amendment. Sorry. Following amendment. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 2 by Deuell.

SENATOR KEVIN ELTIFE: Senator Deuell to explain floor amendment No. 2.

SENATOR BOB DEUELL: Thank you, Mr. President and members. This amendment deals with the hotel occupancy taxes in the city of Greenville where I live. Currently some municipalities have the authority to use municipal hotel occupancy tax revenue to accommodate certain city development plans and to promote tourism under chapter 2351 under the tax code. The city of Greenville is seeking this authority as well and this chapter would just allow that. This amendment would affect only the city of Greenville which is located wholly within my Senate district.

SENATOR KEVIN ELTIFE: Senator Deuell moves adoption of floor amendment No. 2. Is there objection? Chair hears none, floor amendment No. 2 is adopted. Senator Deuell, you're recognized for a motion.

SENATOR BOB DEUELL: Thank you, Mr. President. I move passage of House Bill 2048 as amended to third reading.

SENATOR KEVIN ELTIFE: Senator Deuell mu moves passage to third reading. Is there objection? Chair hears none, House Bill 2048 is passed to third reading. 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.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 2048. The secretary will read the caption.

PATSY SPAW: House Bill 2048 relating to the collection and enforcement of hotel tax occupancy taxes.

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 2048 as amended.

SENATOR KEVIN ELTIFE: Senator Deuell moves final passage of House Bill 2048 as amended. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 2048 is finally passed. Congratulations, Senator Deuell.

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

SENATOR KEVIN ELTIFE: Senator Patrick's recognized for a motion to suspend the regular order of business on House Bill 590.

SENATOR DAN PATRICK: Thank you, Mr. President and members. This bill mirrors a Senate bill that we passed out already. This is House Bill 590. Local governments rely on sales tax revenue for much of their budget. While local government realize significant change in its expected sales tax receipts, it could be harmful to its budget. Unfortunately the comptroller is prohibited by law from providing that local government source documentation to help it better understand the change. House Bill 590, as did our Senate bill that you all supported, allows a local government to identify up to five businesses that are the primary cause of major reallocation or refunds by the comptroller. The local government can then request a sales tax return provided by the comptroller for those businesses. This bill is supported by the Texas Municipal League as well as cities across the state and has been heavily negotiated with the comptroller's office. I move suspension of the regular order of business.

SENATOR KEVIN ELTIFE: Senator Deuell, for what purpose?

SENATOR BOB DEUELL: Mr. President, I have some legislative intent questions to ask Senator Patrick. Is this the appropriate time to do this or should I wait?

SENATOR KEVIN ELTIFE: This is the appropriate time. Does Senator Patrick yield?

SENATOR DAN PATRICK: I can yield, yes.

SENATOR BOB DEUELL: Are you familiar with traditional purchasing companies, companies that typically are part of an affiliated group of companies and exist to generate economic benefits through economies of scale, negotiated purchasing contracts, and group discounts, or other similar legitimate business functions?

SENATOR DAN PATRICK: Absolutely.

SENATOR BOB DEUELL: Are you aware that at the time we passed the 2003 bill, our intent was to stop those billing office types of arrangements without affecting traditional purchasing companies and legitimate rebates where a city might agree to return a portion of the economic development sales tax to reimburse a developer for infrastructure or a true investment in the community that inserted value into the tax base?

SENATOR DAN PATRICK: Absolutely, Senator, and it's not my intent -- we're going to offer an amendment to change the way traditional purchasing companies are treated for multiple sales tax purposes and we're going to address that in the amendment.

SENATOR BOB DEUELL: And to summarize, your amendment is created to tighten up and further the original intent of the 2003 legislation while continuing to treat a traditional purchasing company as a place of business of the retailer from municipal sales tax purposes; is that correct?

SENATOR DAN PATRICK: That's absolutely correct.

SENATOR BOB DEUELL: Okay. Thank you. Mr. President, do we need these comments recorded?

SENATOR KEVIN ELTIFE: You may make that motion.

SENATOR BOB DEUELL: I'd like to make that motion.

SENATOR KEVIN ELTIFE: Senators, you heard the motion by Senator Deuell to reduce their comments to writing. Is there objection? Chair hears none, so ordered.

SENATOR BOB DEUELL: Thank you, Senator Patrick.

SENATOR DAN PATRICK: Thank you, Senator. I now move suspension.

SENATOR KEVIN ELTIFE: Thank you, senator Deuell. Senator Patrick now moves suspension of the regular order of business to take up House Bill 590. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading House Bill 590. The secretary will read the caption.

PATSY SPAW: House Bill 590 relating to sales tax reports and reallocation of sales tax revenue.

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

PATSY SPAW: Floor amendment No. 1 by Patrick.

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

SENATOR DAN PATRICK: Thank you. And this is what Senator Deuell was referring to. Members, this amendment that he had seen in advance. Current law defines a place of business for purposes of allocating sales tax. It defines a location that meets certain criteria is not a place of business if the comptroller determines a location exists only to avoid or rebate a portion of the sales tax. This amendment further clarifies locations and activities that are excluded from the definition of the place of business and goes along in 2003 with HB3534 that the legislature passed that changed the definition of a place of business or retailer which is the term of the tax code that is used to determine for municipal sales tax and uses tax source. And these are the remarks that we are putting in the journal to clarify the intent. I move adoption of the amendment.

SENATOR RODNEY ELLIS: Mr. President.

SENATOR KEVIN ELTIFE: Senator Ellis, for what purpose?

SENATOR RODNEY ELLIS: To ask a question.

SENATOR KEVIN ELTIFE: Senator Patrick yield?

SENATOR DAN PATRICK: Yes.

SENATOR KEVIN ELTIFE: Members, may we have a little order on the floor? Thank you.

SENATOR RODNEY ELLIS: Senator, I'm sorry, I just -- when we start moving fast -- could you just briefly tell me again what it does? I don't think I have a problem, I just don't know. It was a long evening.

SENATOR DAN PATRICK: I understand. This amendment simply clarifies that a business cannot establish itself in a location to try to move sales taxes from the city where the sales actually take place to move them to another community. This simply confirms this in statute.

SENATOR RODNEY ELLIS: So this will keep them from being able to utilize a loophole?

SENATOR DAN PATRICK: Yes. This would close that loophole.

SENATOR RODNEY ELLIS: And you're attaching it to Thompson's bill relating to sales tax?

SENATOR DAN PATRICK: Yes, which is the mirror of the bill we passed out of here that allows cities to be able to identify the five major businesses if there's a reallocation of taxes so they can study that issue.

SENATOR RODNEY ELLIS: Okay. That's -- this is a good amendment. In fact, I'd like to get rid of some of these other loopholes on that caption, so talk a little longer.

SENATOR DAN PATRICK: I think we're done. Thank you. Thank you, Senator.

SENATOR KEVIN ELTIFE: Thank you, Senator Ellis.

SENATOR DAN PATRICK: I move adoption.

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

SENATOR DAN PATRICK: I move to engrossment.

SENATOR KEVIN ELTIFE: Senator Patrick now moves passage to third reading. Is there objection? Chair hears none, House Bill 590 is passed to third reading. Senator Patrick, you're recognized to suspend the constitutional three day rule.

SENATOR DAN PATRICK: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 590. The secretary will read the caption.

PATSY SPAW: House Bill 590 relating to sales tax enforcement and reallocation of sales tax revenue.

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

SENATOR DAN PATRICK: And, once again, I want to request that the comments by Senator Deuell be placed in the record and that it's indicated his remarks were on the amendment, the clarifying amendment. I move final passage.

SENATOR KEVIN ELTIFE: Thank you, Senator Patrick. Senator Patrick moves final passage of House Bill 590 as amended. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 590 is finally passed.

SENATOR DAN PATRICK: Thank you, Mr. President. Thank you, members.

SENATOR KEVIN ELTIFE: Thank you, Senator Patrick. Senator Estes, you're recognized for a motion to suspend the regular order of business on House Bill 707.

SENATOR CRAIG ESTES: Thank you, Mr. President and members. Chapter 372 of the Texas local government code gives cities the authority to create public improvement districts upon the voluntary petition of landowners. Despite the advancement of PIDs and the success, there are technical issues with the PIDs statutes that hinder cities using PIDs to fulfill their economic development objectives. House Bill 707 validates the actions of certain cities to establish, administer public improvement districts, the bill applies only to cities with a population of 500 or less according to the 2000 federal census and applies to actions taken before the effective date to the bill. So with that, Mr. President, I move to suspend the constitutional order of business -- Senate's regular order of business to take up and consider at this time House Bill 707.

SENATOR KEVIN ELTIFE: Senator Estes moves suspension of the regular order of business to take up and consider House Bill 707. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 707. The secretary will read the caption.

PATSY SPAW: House Bill 707 relating to the validation of certain governmental acts.

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

SENATOR CRAIG ESTES: Thank you, Mr. President. I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Estes moves passage to third reading. Is there objection? Chair hears none, House Bill 707 is passed to third reading. Senator Estes, you're recognized for a motion to suspend the constitutional three day rue.

SENATOR CRAIG ESTES: So moved, Mr. President.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, rule is suspended. The Chair lays out on third reading and final passage House Bill 707. The secretary will read the caption.

PATSY SPAW: House Bill 707 relating to validation of certain governmental acts.

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

SENATOR CRAIG ESTES: Mr. President, I move final passage of House Bill 707.

SENATOR KEVIN ELTIFE: Senator Estes now moves final passage of House Bill 707. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, House Bill 707 is finally passed. Congratulations, Senator Estes.

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

SENATOR KEVIN ELTIFE: Senator Patrick, you're recognized for a motion to suspend the regular order of business on House Bill 257.

SENATOR DAN PATRICK: It became suddenly quiet, did I miss something? Members, I rise to suspend the regular order of business to take up House Bill 257. Currently the dormancy period for most unclaimed personal property is three years, but different dormancy periods apply nature of the property experience with return rates of property like bank accounts, matured CDs, money orders show that locating an owner is easier if the property has been abandoned in a shorter period. However legislation is required to increase the likelihood that the owners of such property will be found and the property returned. HB257 seeks to address this matter. For example, money orders change from seven to three years. Utility deposits abandoned after 18 months, checking and savings accounts abandoned after three years and we did amend this in committee so that for our military members on utility deposits it would be two years from the date they notified the utility company, so they would not be impacted. I move suspension.

SENATOR KEVIN ELTIFE: Senator Patrick moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 257. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 257. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 257 relating to certain unclaimed properties that are presumed abandoned.

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

SENATOR DAN PATRICK: I move to engrossment.

SENATOR KEVIN ELTIFE: Senator Patrick moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 257 is passed to third reading. Senator Patrick, you're now recognized for a motion to suspend the constitutional three day rule.

SENATOR DAN PATRICK: So moved.

SENATOR KEVIN ELTIFE: So moved. The secretary will call the roll.

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 257. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 257 relating to certain unclaimed property.

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

SENATOR DAN PATRICK: Move to final passage.

SENATOR KEVIN ELTIFE: Senator Patrick now moves final passage of House Bill 257. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute to House Bill 257 is finally passed.

SENATOR DAN PATRICK: Always a pleasure working with you, Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator Patrick. Congratulations. 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 Senates that House has taken the following action, the House has passed the following measures: HCR21 by Gallego urging continue to reauthorize the Water Development Act of --

SENATOR KEVIN ELTIFE: Thank you, Mr. Messenger. Senator Estes is recognized for a motion to suspend the regular order of business on House Bill 2809.

SENATOR CRAIG ESTES: Thank you, Mr. President. The Texoma Greater Utility Authority was established by the Texas legislature in 1979 for the purposes of providing its member cities with help in construction with water, waste water facilities to provide both member and nonmember cities operations services to water and waste water facilities. Currently the authority's ability to approve change orders that do not increase the original construction contract produce by more than 10 percent. This bill would amend the Greater Texoma Utilities Authority Enabling Act to allow the authority to prove change orders related to construction contracts as long as the total cost of the change orders do not increase the original contract price by more than 25 percent. Mr. President, I move to suspend the constitutional order of business -- the Senate's regular order of business to take up and consider at this time House Bill 2809.

SENATOR KEVIN ELTIFE: Senator Estes moves suspension of the regular order of business to take up and consider House Bill 2809. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 2809. The secretary will read the caption.

PATSY SPAW: House Bill 2809 relating to the authority of the board of Greater Texoma Utility Authority to approve certain changes.

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

SENATOR CRAIG ESTES: Move passage to engrossment of House Bill 2809.

SENATOR KEVIN ELTIFE: Senator Estes moves final third reading of House Bill 2809. Is there objection? Chair hears none, House Bill 2809 is passed to third reading. Senator Estes, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR CRAIG ESTES: So moved, Mr. President.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, rule is suspended. The Chair lays out on third reading and final passage House Bill 2809. The secretary will read the caption.

PATSY SPAW: House Bill 2809 relating to the authority of the board of Greater Texoma Utility Authority to approve changes.

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

SENATOR CRAIG ESTES: Move final passage of House Bill 2809.

SENATOR KEVIN ELTIFE: Senator Estes now moves final passage of House Bill 2809. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 2809 is finally passed. Congratulations, Senator Estes. Senator Gallegos is recognized for a motion to suspend the regular order of business on House Bill 1525.

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 Committee Substitute to House Bill 1525. Members, this is a local bill, Greater East End Management District. The bill simply adjusts the makeup and requirements regarding who may serve on the Greater East End Management District board of directors and it also changes in the bill by the district provides a greater diversity and the membership of the board of directors. The changes in the bill by the district and approved by the city of Houston. 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 House Bill 1525. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading. House Bill 1525. The secretary will read the caption.

PATSY SPAW: House Bill 1525 relating to the board of directors of the East End Management District.

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

SENATOR MARIO GALLEGOS: I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Gallegos now moves passage to third reading. Is there objection? Chair hears none, House Bill 1525 is passed to third reading. 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.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 1525. The secretary will read the caption.

PATSY SPAW: House Bill 1525 relating to the directors of the Greater East End Management District.

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 moves final passage of House Bill 1525. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 1525 is finally passed. Congratulations, Senator Gallegos.

SENATOR MARIO GALLEGOS: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Senator Hegar is recognized for a motion to suspend the regular order of business on House Bill 414.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. House Bill 414 under current law the State Board of Veterinary Medical Examiners is required to hold a regular meeting at least twice a year to conduct veterinary licensing and the board's current practice is to hold four regular meetings per year that do not occur in conjunction with licensing examinations. House Bill 1414 cleans up outdated language by removing the requirement that the board meet at least twice a year to conduct licensing examinations. And I would move to suspend the Senate's regular order of business to take up and consider House Bill 414.

SENATOR KEVIN ELTIFE: Senator Hegar moves suspension of the regular order of business to take up and consider House Bill 414. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 414. The secretary will read the caption.

PATSY SPAW: House Bill 414 relating to conducting of licensing examinations by the State Board of Veterinary Medical Examiners.

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

PATSY SPAW: Floor amendment No. 1 by Seliger.

SENATOR KEVIN ELTIFE: Senator Seliger to explain the amendment.

SENATOR KEL SELIGER: Thank you, Mr. President, the long wait is over. This amendment is the agreed to consensus version of SB1032, the equine dentistry bill, that has already passed the Senate. This amendment which was the same as the agreed to bill ensures that the equine dentistry is performed only by a vet or equine licensed dentistry provider under general supervision of a veterinary.

SENATOR GLENN HEGAR: I move adoption of floor amendment No. 1.

SENATOR KEVIN ELTIFE: Senator Seliger has moved adoption of floor amendment No. 1. Senator Hegar, is it acceptable?

SENATOR GLENN HEGAR: Yes, acceptable to the author.

SENATOR KEVIN ELTIFE: It is acceptable to Hegar. And if there are no questions --

SENATOR KEL SELIGER: Or no nays.

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

SENATOR GLENN HEGAR: Move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Hegar moves passage to third reading. Is there objection? Chair hears none, House Bill 414 as amended is passed to third reading. Senator Hegar is recognized for a motion to suspend the constitutional three day rule.

SENATOR GLENN HEGAR: Thank you, Mr. President. So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, rule is suspended. Chair lays out on third reading and final passage House Bill 414. The secretary will read the caption.

PATSY SPAW: House Bill 414 relating to the conducting of licensing examinations by the State Board of Veterinary Medical Examiners.

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

SENATOR GLENN HEGAR: I move final passage.

SENATOR KEVIN ELTIFE: Senator Hegar now moves final passage of House Bill 414 as amended. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 414 is finally passed. Congratulations, Senator Hegar. Senator Davis is recognized for a motion to suspend the regular order of business on House Bill 3506.

SENATOR WENDY DAVIS: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider House Bill 3506. House Bill 3506 is a simple bill about cost effectiveness and efficiency. It simply allows school districts to use their transportation allotment from the state to purchase public transportation passes for students. Currently school districts are using other resources to purchase those public transportation passes, this would simply authorize their ability to use their transportation allotment specifically for that purpose if they choose to do so. It does not mandate that a school district do that. It simply provides another option for them when finding most cost effective and efficient ways to transport their students. Mr. President, I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Davis moves suspension of the regular order of business to take up and consider House Bill 3506. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading House Bill 3506. The secretary will read the caption.

PATSY SPAW: House Bill 3506 relating to the use of transportation allotment funds by the school district to provide bus passes to certain students.

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

SENATOR WENDY DAVIS: Thank you, Mr. President. I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Davis moves passage to third reading. Is there objection? Chair hears none, House Bill 3506 is moved to third reading. Senator Davis is recognized to suspend the constitutional three day rule.

SENATOR WENDY DAVIS: So moved, Mr. President.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, three day rule is suspended. The Chair lays out on third reading and final passage House Bill 3506. The secretary will read the caption.

PATSY SPAW: House Bill 2506 relating to the use of transportation allotment funds by a school district.

SENATOR KEVIN ELTIFE: Chair recognizes Senator Davis for a motion.

SENATOR WENDY DAVIS: Thank you, Mr. President. I move final passage of House Bill 3506.

SENATOR KEVIN ELTIFE: Senator Davis now moves final passage of House Bill 3506. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, House Bill 3506 is finally passed. Congratulations, Senator Davis.

SENATOR WENDY DAVIS: Thank you, Mr. President. Thank you, members.

SENATOR KEVIN ELTIFE: Senator Gallegos is recognized for a motion to suspend the regular order of business to take up and consider House Bill 3857.

SENATOR MARIO GALLEGOS: Thank you, Mr. President. I move to suspend the regular order of business in order to take up and consider Committee Substitute to House Bill 3857. Members, this is another local bill. It's the Near North Side Management District created to develop affordable housing alternatives, business and employment opportunities and increase public safety in northeast Houston. Simply in Senate district six. I move suspension, Mr. President.

SENATOR KEVIN ELTIFE: Senator Gallegos moves suspension of the regular order of business to take up and consider House Bill 3857. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 3857. The secretary will read the caption.

PATSY SPAW: House Bill 3857 relating to the creation of the Near North Side Management District.

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

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

SENATOR KEVIN ELTIFE: Senator Gallegos now moves passage to third reading. Is there objection? Chair hears none, House Bill 3857 is passed to third reading. 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.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, rule is suspended. The Chair lays out on final passage House Bill 3857. The secretary will read the caption.

PATSY SPAW: House Bill 3857 relating to the creation of the Near North Side Management District.

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 House Bill 3857. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 3857 is finally passed. Congratulations, Senator Gallegos.

SENATOR MARIO GALLEGOS: Thank you, Senator.

SENATOR KEVIN ELTIFE: Senator Seliger is recognized for a motion to suspend the regular order of business on House Bill 3391.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider House Bill 3391 at this time relating to rainwater harvesting and other water conservation initiatives. The use of harvested rainwater is usually restricted to non-potable portable purposes. However, as water shortages are becoming more prevalent throughout the state, it's important to recognize both potable and non-potable harvested rainwater. HB3391 addresses a current statute which restricts the use of harvested rain water to non-potable uses and expands it use. To expand in this legislation will encourage financial institutions to consider loans to development for harvested rainwater as a sole source of water. HB3391 will also promote both the statewide use of harvested rain water and the statewide education training aspects of rain water harvesting systems. I move suspension.

SENATOR KEVIN ELTIFE: Senator Seliger moves suspension of the regular or of business to take up and consider House Bill 3391. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 3391. The secretary will read the caption.

PATSY SPAW: House Bill 3391 relating to rainwater harvesting.

SENATOR KEVIN ELTIFE: The following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 1 by Seliger.

SENATOR KEVIN ELTIFE: Senator Seliger to explain the amendment.

SENATOR KEL SELIGER: The floor amendment, Mr. President, clarifies that the municipality must give consent to the collection of rainwater harvesting system and the operative word there is "consent," and it's based upon whether or not the rainwater shed and the rainwater mechanism is consistent with the safe municipal system in which it is to be introduced.

SENATOR KEVIN ELTIFE: Senator Seliger now 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: Mr. President, I move passage to third reading of House Bill 3391.

SENATOR KEVIN ELTIFE: Senator Seliger now moves passage to third reading. Is there objection? Chair hears none, House Bill 3391 is passed to third reading. Senator Seliger you're now recognized --

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 3391. The secretary will read the caption.

PATSY SPAW: House Bill 3391 relating to rainwater harvesting.

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

SENATOR KEL SELIGER: Mr. President, I move final passage of House Bill 3391.

SENATOR KEVIN ELTIFE: Senator Seliger now moves final passage of House Bill 3391. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, House Bill 3391 as amended is finally passed. Congratulations, Senator Seliger.

SENATOR KEL SELIGER: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Senator Fraser is recognized for a motion to suspend the regular order of business on House Bill 3329.

SENATOR TROY FRASER: Mr. President and members, I would move to suspend the regular order of business to take up House Bill 3329. 3329 amends the alcohol beverage code to allow for the issuance of a daily temporary private club permit for a nonprofit corporation for a fundraising event for the nonprofit corporation that lasts no longer than eight hours. I will be introducing a perfecting amendment that was asked for by TABC.

SENATOR KEVIN ELTIFE: Senator Fraser has moved suspension of the regular order of business to take up and consider House Bill 3329. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 3329. The secretary will read the caption.

PATSY SPAW: House Bill 3329 relating to a daily temporary private club permit for nonprofit corporation.

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

SENATOR TROY FRASER: Members, the --

PATSY SPAW: Floor amendment No. 1 by Fraser.

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

SENATOR TROY FRASER: The amendment clarifies that the nonprofit does not have to establish an actual temporary private club, but it only has to be issued a temporary private club permit. This was asked for by TABC.

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

SENATOR TROY FRASER: I would now move passage to third reading of House Bill 3329 as amended.

SENATOR KEVIN ELTIFE: Senator Fraser now moves passage to third reading. Is there objection? Chair hears none, House Bill 3329 as amended is passed to third reading. Senator Fraser is recognized for a motion to suspend the constitutional three day rule.

SENATOR TROY FRASER: I would now move to suspend the constitutional rule that bills be read on three several days.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes and no nays, constitutional rule is suspended. The Chair lays out on third reading and final passage House Bill 3329. The secretary will read the caption.

PATSY SPAW: House Bill 3329 relating to a daily temporary private club permit.

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

SENATOR TROY FRASER: I would now move final passage of House Bill 3329 as amended.

SENATOR KEVIN ELTIFE: Senator Fraser now moves final passage of House Bill 3329 as amended. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, House Bill 3329 as amended is finally passed. Congratulations, Senator Fraser. Senator Jackson is recognized for a motion to suspend the regular order of business on House Bill 1711.

SENATOR MIKE JACKSON: Thank you, Mr. President and members. House Bill 1711 deals with consumer protections that would improve access to reliable and responsible disaster remediation contractors in the state. It would prohibit a disaster remediation contractor from requiring a person to make full or partial payment under contract before the contractor begins to work. I move suspension of the Senate's regular order of business to take up House Bill 12 -- 1711.

SENATOR KEVIN ELTIFE: Senator Jackson moves suspension of the regular order of business to take up and consider House Bill 1711. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 1711. The secretary will read the caption.

PATSY SPAW: House Bill 1711 relating to disaster remediation contracts.

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

PATSY SPAW: Floor amendment No. 1 by Jackson.

SENATOR KEVIN ELTIFE: Senator Jackson to explain the amendment.

SENATOR MIKE JACKSON: Thank you, Mr. President. This amendment would transfer the funding designation for federal money especially when issued after a disaster to the governor's office or their designated agency for more efficiency and timely distribution to communities in need. And I'd move adoption.

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

SENATOR MIKE JACKSON: I move passage to third reading, Mr. President.

SENATOR KEVIN ELTIFE: Senator Jackson now moves passage to third reading. Is there objection? Chair hears none, House Bill 1711 is passed to third reading. Senator Jackson, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR MIKE JACKSON: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, the rule is suspended. Chair lays out on third reading and final passage House Bill 1711. The secretary will read the caption.

PATSY SPAW: House Bill 1711 relating to disaster remediation contracts.

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

SENATOR MIKE JACKSON: I move final passage, Mr. President.

SENATOR KEVIN ELTIFE: Senator Jackson moves final passage of House Bill 1711 as amended. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 1711 is finally passed. Congratulations, Senator Jackson.

SENATOR MIKE JACKSON: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Senator Hegar is recognized for a motion to suspend the regular order of business on House Bill 2295.

SENATOR GLENN HEGAR: Thank you, Mr. President. House Bill 2295 is a statutory cleanup relating to the administration of the Texas universal service fund. Current law says telecommunication providers providing local telecommunication services had reasonable rates in high cost rural areas through very two distinctive and different plans created by rule at the PUC. This bill places both funds in statute. And I would move to suspend the Senate's regular order of business to take up and consider House Bill 2295.

SENATOR KEVIN ELTIFE: Senator Hegar now moves suspension of the regular order of business to take up and consider House Bill 2295. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 2295. The secretary will read the caption.

PATSY SPAW: House Bill 2295 relating to administration of the universal service fund.

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

SENATOR GLENN HEGAR: Move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Hegar now moves passage to third reading. Is there objection? Chair hears none, House Bill 2295 is passed to third reading. Senator Hegar you're now recognized for a motion to suspend the constitutional three day rule.

SENATOR GLENN HEGAR: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 2295. The secretary will read the caption.

PATSY SPAW: House Bill 2295 relating to the administration of the universal service fund.

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

SENATOR GLENN HEGAR: Move final passage of House Bill 2295.

SENATOR KEVIN ELTIFE: Senator Hegar now moves final passage of House Bill 2295. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, House Bill 2295 is finally passed. Congratulations, Senator Hegar. Senator Harris, you're recognized for a motion to suspend the regular order of business on House Bill 596.

SENATOR CHRIS HARRIS: Mr. President and members, I move to suspend all rules to take up and consider House Bill 956. Members, what this bill does it adds to the law that we passed last session where people cannot do a circular motion around anyone fishing or swimming. It also adds to that water skiing. I move to suspend.

SENATOR KEVIN ELTIFE: Senator Harris moves suspension of the regular order of business to take up and consider House Bill 596. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 596. The secretary will read the caption.

PATSY SPAW: House Bill 596 relating to offenses involving driving a motor boat in a circular course.

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

SENATOR CHRIS HARRIS: I move final third reading, Mr. President.

SENATOR KEVIN ELTIFE: Senator Harris now moves passage to third reading. Is there objection? Chair hears none, House Bill 596 is passed to third reading. Senator Harris, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR CHRIS HARRIS: Mr. President, I move to suspend the three day posting rule or -- I mean, three day rule.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 596. The secretary will read the caption.

SENATOR CHRIS HARRIS: Move final passage.

PATSY SPAW: House Bill 596 relating to offenses involving motor boat in a circular course.

SENATOR KEVIN ELTIFE: Senator Harris now moves final passage of House Bill 596. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 596 is passed.

SENATOR CHRIS HARRIS: Thank you, Mr. President. Thank you, Senator Carona.

SENATOR KEVIN ELTIFE: Thank you, Senator Harris. Congratulations. Senator Watson is recognized for a motion to suspend the regular order of business on House Bill 1395.

SENATOR KIRK WATSON: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider at this time House Bill 1395 which would create a slow phase in requirement for boater education. Anyone under 18 on September 1, 2011, will be required to take a six hour boater education course to drive a boat unless they're supervised by someone to drive the boat or given safety instructions while renting a boat. I move suspension of the rules.

SENATOR KEVIN ELTIFE: Senator Watson moves suspension of the regular order of business to take up and consider House Bill 1395. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 1395. The secretary will read the caption.

PATSY SPAW: House Bill 1395 relating to the requirements to operate personal watercraft and certain boats.

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

SENATOR KIRK WATSON: Thank you, Mr. President. I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Watson now moves passage to third reading. Is there objection? Chair hears none, House Bill 1395 is passed to third reading. Senator Watson, you're recognized to suspend the constitutional three day rule.

SENATOR KIRK WATSON: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 1395. The secretary will read the caption.

PATSY SPAW: House Bill 13495 relating to the requirements to operate personal watercraft.

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

SENATOR KIRK WATSON: Thank you, Mr. President. I move final passage of House Bill 1395.

SENATOR KEVIN ELTIFE: Senator Watson now moves final passage of House Bill 1395. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 1395 is finally passed. Congratulations, Senator Watson.

SENATOR KIRK WATSON: Thank you, Mr. President. Thank you, members.

SENATOR KEVIN ELTIFE: Senator Harris is recognized for a motion to suspend the regular order of business on House Bill 1830.

SENATOR CHRIS HARRIS: Mr. President, I move to suspend the regular order of business to take up and consider House Bill 1830. Members, currently statutory probate court associate judge may provide notice of the judge's report in open court, certified mail or by fax. This also makes it to where that notice can be given by e-mail. Move to suspend.

SENATOR KEVIN ELTIFE: Senator Harris moves suspension of the regular order of business to take up and consider House Bill 1830. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 1830. The secretary will read the caption.

PATSY SPAW: House Bill 1830 relating to the method of delivery of certain notices sent to certain magistrate probate judges.

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, House Bill 1830 is passed to third reading. Senator Harris, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR CHRIS HARRIS: I move to suspend the three day rule.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, rule is suspended. The Chair lays out on third reading and final passage House Bill 1830. The secretary will read the caption.

PATSY SPAW: House Bill 1830 relating to the delivery of certain notices.

SENATOR KEVIN ELTIFE: Senator Harris --

SENATOR CHRIS HARRIS: Move final passage.

SENATOR KEVIN ELTIFE: Senator Harris has now moved final passage of House Bill 1830. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes and zero nay, House Bill 1830 is finally passed.

SENATOR CHRIS HARRIS: Thank you.

SENATOR KEVIN ELTIFE: Thank you and congratulations, Senator Harris. Senator Seliger is recognized for a motion to suspend the regular order of business on House Bill 2690 by Williams.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider on behalf of Senator Williams House Bill 2690 which authorizes local government entities to exercise the right to sell or lease property owned by the county. There's some provisions to allow local governments to donate land for public purpose. At present local government entities are not able to convey real government property to other local government entities to serve public purpose at or below market value and House Bill 2690 makes a provision for just that transaction. I move suspension.

SENATOR KEVIN ELTIFE: Senator Seliger moves suspension of the regular order of business to take up and consider House Bill 2690. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 2690. The secretary will read the caption.

PATSY SPAW: House Bill 2690 relating to authorizing local governments to convey real property interest.

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

SENATOR KEL SELIGER: Mr. President, I move passage to third reading of House Bill 2690.

SENATOR KEVIN ELTIFE: Senator Seliger moves passage to third reading. Is there objection? Chair hears none, House Bill 2690 is passed to third reading. Senator Seliger, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, and zero nay, constitutional rule is suspended. The Chair rays out on third reading and final passage House Bill 2690. The secretary will read the caption.

PATSY SPAW: House Bill 2690 relating to authorizing local governments to convey real property interest.

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

SENATOR KEL SELIGER: Mr. President, I move final passage of House Bill 2690.

SENATOR KEVIN ELTIFE: Senator Seliger now moves final passage of House Bill 2690. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, House Bill 3690 is finally passed. Congratulations Senator Seliger.

SENATOR KEL SELIGER: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Senator Harris is recognized for a motion to suspend the regular order of business on House Bill 1771.

SENATOR CHRIS HARRIS: Members, I move to suspend all necessary rules to take up and consider House Bill 1771. Members, this bill creates the specialty courts advisory council which will be in the office of the governor. There will be three people, three members who are associated with specialty courts. Four members of the public at large. Their purpose will be to help recommend criminal justice grants. Move suspension.

SENATOR KEVIN ELTIFE: Senator Harris moves suspension of the regular order of business to take up and consider House Bill 1771. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 1771. The secretary will read the caption.

PATSY SPAW: House Bill 16771 relating to the establishment of the specialty courts advisory council.

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

SENATOR CHRIS HARRIS: Move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Harris moves passage to third reading. Is there objection? Chair hears none, House Bill 1771 is passed to third reading. Senator Harris, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR CHRIS HARRIS: Mr. President, I move to suspend the three day rule.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 1771. The secretary will read the caption.

PATSY SPAW: House Bill 1771 relating to the establishment of the advisory board council.

SENATOR CHRIS HARRIS: Move final passage.

SENATOR KEVIN ELTIFE: Senator Harris has now moved final passage of House Bill 1771. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 1771 is finally passed.

SENATOR CHRIS HARRIS: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator Harris. Congratulations, Senator Harris. Senator Watson is recognized for a motion to suspend the regular order of business on House Bill 2519.

SENATOR KIRK WATSON: Mr. President, I move to suspend the regular order of business to take up and consider at this time House Bill 2519 which clarifies that a license auctioneer may conduct an auction outside of an auction company for a licensed car dealer without the car dealer having become a licensed auctioneer. I move suspension of the rules.

SENATOR KEVIN ELTIFE: Senator Watson moves suspension of the regular order of business to take up and consider House Bill 2519. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 2519. The secretary will read the caption.

PATSY SPAW: House Bill 2519 relating to the regulation of certain motor vehicle options.

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

SENATOR KIRK WATSON: I move passage of House Bill 2519 to third reading.

SENATOR KEVIN ELTIFE: Senator Watson moves passage to third reading. Is there objection? Chair hears none, House Bill 2519 is passed to third reading. Senator Watson, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR KIRK WATSON: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 2519. The secretary will read the caption.

PATSY SPAW: House Bill 2519 relating to the regulation of certain motor vehicle auctions.

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

SENATOR KIRK WATSON: I move final passage of House Bill 2519.

SENATOR KEVIN ELTIFE: Senator Watson now moves final passage of House Bill 2519. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, and zero nay, House Bill 2513 is finally passed. Congratulations, Senator Watson.

SENATOR KIRK WATSON: Thank you, Mr. President. Thank you, members.

SENATOR KEVIN ELTIFE: Senator Rodriguez, you're recognized for a motion to suspend the regular order of business on House Bill 1866.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members. House Bill 1866 designates State Highway as a historic highway. This bill is identical to SB1096 which passed on the local and uncontested calendar. Before the construction of Interstate Highway in the late 1960s and early 70s, State Highway 20 was the primary means of travel for those going south of El Paso and this capacity acquired a historical unique significance. In addition to its historical significance, State Highway 20 remains an important means of transportation for those wishing to travel through the lower valley. However, many portions of State Highway 20 have deteriorated and fallen into disrepair including Alamena Avenue which was once a private El Paso thoroughfare. This in name only historic designation may allow the Texas Historical Commission and Texas Department of Transportation to apply for grants if such grants are available to support much needed revitalization repair efforts of State Highway 20. 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 1866.

SENATOR KEVIN ELTIFE: Senator Rodriguez now moves suspension of the regular order of business to take up and consider House Bill 1866. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 1866. The secretary will read the caption.

PATSY SPAW: House Bill 1866 relating to the designation of State Highway 20 as a historic highway.

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

SENATOR JOSE RODRIGUEZ: Mr. President and members, I now move passage to third reading of House Bill 1866.

SENATOR KEVIN ELTIFE: Senator Rodriguez now moves passage to third reading. Is there objection? Chair hears none, House Bill 1866 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.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 1866. The secretary will read the caption.

PATSY SPAW: House Bill 1866 relating to the designation of State Highway 20 as a historic highway.

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 moves final passage of House Bill 1866. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, House Bill 1866 is finally passed. Congratulations, Senator Rodriguez.

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

SENATOR KEVIN ELTIFE: Senator Hinojosa. Senator Hinojosa is recognized for a motion to suspend the regular order of business on House Bill 1495.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. I move to suspend the regular order of business on House Bill 1495. This bill was in the local and consent calendar. We moved it up to regular calendar to add an amendment. What it does is it seeks to clarify that the DIR statutory obligations and rules do not apply to a public junior college in a public junior college district with certain exceptions. Junior colleges must still comply with applicable federal requirements relating to information technology. And with that Mr. President, I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves suspension of the regular order of business to take up and consider House Bill 1495. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 1495. The secretary will read the caption.

PATSY SPAW: House Bill 1495 relating to the application of Information Resources Management Act.

SENATOR KEVIN ELTIFE: Floor amendment No. 1. Secretary 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 is the amendment I explained a little while ago. What it does, it leaves in place the requirement that public junior colleges follow the process laid out in the government code section 2054.119 in proportion to interagency contracts. It's a clarification amendment, and I would move adoption.

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

SENATOR JUAN HINOJOSA: I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves passage to third reading. Is there objection? Chair hears none, House Bill 1495 as amended is passed to third reading. Senator Hinojosa, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR JUAN HINOJOSA: I so move.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 1495. The secretary will read the caption.

PATSY SPAW: House Bill 1495 relating to the application for the Information Resources Management Act to public junior colleges.

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

SENATOR JUAN HINOJOSA: I move final passage.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves final passage of House Bill 1495 as amended. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, and zero nays, House Bill 1495 is finally passed.

SENATOR JUAN HINOJOSA: Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Hinojosa and congratulations. Members, if we could have your attention. We're going to wrap up a few more pieces of business up here, and then we're going to recess until 3:00 so the committees can do their work. If you'll get your announcements ready, when we're done up here you can suspend your rules for committees to meet and then we're going to recess until 3:00 and come back. Senator Whitmire, for what purpose?

SENATOR JOHN WHITMIRE: I'd like to move to suspend the 24-hour posting rule in accordance with with Senate rules 11.10 and 11.18 for the civil criminal justice to meet today -- not on adjournment -- during the recess in E1016 to hear the following bill: House Bill 243, House Bill 1103, House Bill 1241 and House Bill 1646.

SENATOR KEVIN ELTIFE: Members, you've heard the motion by Senator Whitmire, is there any objection? Chair hears none, so ordered. Senator Hinojosa, for what purpose?

SENATOR JUAN HINOJOSA: Mr. President, members, I wanted to make a motion to reconsider the vote by which House Bill 1887 passed to third reading. There was a uncontroversial -- noncontroversial amendment that Senator Patrick had that he missed so I'd like to bring it back to add that amendment.

SENATOR KEVIN ELTIFE: Members, Senator Hinojosa is making a motion to reconsider House Bill 1887. Is there any objection on the motion to reconsider House Bill 887? Chair hears no objection, so ordered. The Chair now lays out on third reading and final passage House Bill 1887. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 1887 relating to Texas administration audit procedures for an appropriate tax protest and appeals.

SENATOR KEVIN ELTIFE: The following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 1 by Patrick.

SENATOR KEVIN ELTIFE: Senator Patrick to explain the amendment.

SENATOR DAN PATRICK: Thank you. I also thank you for doing this. I appreciate it. This is a bill, members, that we passed 31 to nothing. This is a bill that we passed. Currently under law if you missed an appraisal yourself, you can postpone it. But if you hire someone to represent you they cannot just simply allow the person you hire to be able to postpone one time as an individual. So thank you, Senator.

SENATOR KEVIN ELTIFE: Thank you, Senator Patrick. Senator Hinojosa on the floor amendment.

SENATOR JUAN HINOJOSA: The amendment is acceptable.

SENATOR KEVIN ELTIFE: Senator Patrick moves adoption of floor amendment No. 1. It's acceptable to Senator Hinojosa. Is there objection? Chair hears none, floor amendment number one is adopted. Thank you.

SENATOR DAN PATRICK: Thank you, Senator.

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

SENATOR JUAN HINOJOSA: I move final passage of Committee Substitute to House Bill 1887.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves final passage of Committee Substitute to House Bill 1887 as amended. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 1887 is finally passed again.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Thank you, Senator Hinojosa. Senator Estes, for what purpose?

SENATOR CRAIG ESTES: To make an announcement.

SENATOR KEVIN ELTIFE: Please make your announcement.

SENATOR CRAIG ESTES: To move -- I'm sorry, for a motion. I move to suspend rules 11.10 and 11.18 so the Senate committee on agriculture and rural affairs can meet at my desk upon this most imminent recess.

SENATOR KEVIN ELTIFE: Thank you, Senator Estes. You've heard the motion by Senator Estes Is there objection? Chair hears none, so ordered. Senator Williams.

SENATOR TOMMY WILLIAMS: For a motion and an announcement.

SENATOR KEVIN ELTIFE: Please proceed.

SENATOR TOMMY WILLIAMS: Thank you. Mr. President and members, I move to suspend Senate rules 11.10 and 11.18 and other necessary rules so the Senate committee on transportation and homeland security can meet and hear new business today in the Betty King room 15 minutes upon recess of the Senate. We'll be hearing the following bills: House Bill 890 by Howard and Senate sponsor's Davis, House Bill 90 by Cook, Senate sponsor Birdwell, House Bill 478 by Orr, the Senate sponsor is Birdwell, House Bill 1937 by Simpson, Senate sponsor is Patrick, House Bill 2678 by Smith, Senate upon or is Wentworth, House Bill 3064 by King, Senate sponsor Carona, House Bill 3079 by Darby, Senate sponsor is Deuell, House Bill 3837 by Isaac, Senate sponsor is Hegar, House Bill 2237 by Lynn, Senate sponsor is Estes and possibly House Bill 468 by Burnam Senate sponsor is Davis. And so, members, if you are going to be there, if you have a bill up, we'd appreciate you being in the Betty King room to lay those House bills out so that we can consider them. And I'd also announce, Mr. President, that the Senate transportation committee and homeland security will hear the previous announced new business in the Betty King room 15 minutes upon recess of the Senate.

SENATOR KEVIN ELTIFE: Thank you, Senator Williams. Members, you heard the motion by Senator Williams. Is there objection? Chair hears none, so ordered. Thank you, Senator Williams. Senator Jackson, you're recognized.

SENATOR MIKE JACKSON: Thank you, Mr. President. I 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 economic development to meet at my desk today and take up pending bills.

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

SENATOR MIKE JACKSON: Thank you, Mr. President. May I make an announcement that we will meet members of the Senate economic development committee at my desk to take up and vote on pending business immediately upon recess or adjournment.

SENATOR KEVIN ELTIFE: Thank you, Senator Jackson. Senator West, you're recognized.

SENATOR ROYCE WEST: Thank you very much, Mr. President. I move to suspend the 24-hour posting rules in accordance with Senate rules 11.10 and 11.18 so the Senate committee on intergovernmental relation can hear the following bills today 30 minutes upon recess, also 15 minutes upon recess of the Senate in E1.028. House Bill 427 by Driver, House Bill 645 by Orr, House Bill 896 by Charley Howard, House Bill 67 by Smithee, House Bill 1690 by Flynn, House Bill 2266 by Wayne Smith, House Bill 2315 by Coleman, House Bill 2316 by Coleman, House Bill 2338 by Paxton, House Bill 2387 by Mendez, House Bill 3076 by Gallego, House Bill 3462 by Margo, House Bill 3133 by Eddie Rodriguez, House Bill 3216 by Hutto, House Bill 3352 by Wayne Smith, House Bill 3815 by Louis, House Bill 3821 by Eiland. House Bill 3834 by Zerwas, House Bill 3845 by Sheffield, House Bill 3743 by Workman, House Bill 3852 by Pitts, House Bill 3862 by Wayne Smith.

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

SENATOR RODNEY ELLIS: A motion and an announcement.

SENATOR KEVIN ELTIFE: Please proceed.

SENATOR RODNEY ELLIS: Mr. President, I move to suspend the 24-hour posting rule in accordance with with Senate rules 11.10 and 11.18 in order to allow the government organization to meet at my desk immediately upon adjournment to vote on the following bills that were previously heard in hearing. HCR86 relating to the Texas state bison herd, House Bill 326 mandates on sunset agencies, House Bill 1247 paper supplies and cabinets, HB1728 energy saving performance, HB2439 budget posting documents. If there's no questions, Mr. President, I move suspension.

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

SENATOR TROY FRASER: I would move to suspend the posting rules 11.10 and 11.18 so the Senate committee on natural resources can meet at my desk. Members, we'll be hearing House Bill 125 by Jackson as a matter of pending business.

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

SENATOR TROY FRASER: Mr. President, I would now announce that the Senate committee on natural resources will meet at my desk immediately upon the break -- during the break.

SENATOR KEVIN ELTIFE: Thank you, Senator Fraser. Members, are there any other announcements? Members, at this time the president --

SENATOR JOHN WHITMIRE: Mr. President.

SENATOR KEVIN ELTIFE: Yes, Senator Whitmire.

SENATOR JOHN WHITMIRE: I am going to have criminal justice meeting in the annex as soon as we can get over, five or ten minutes.

SENATOR KEVIN ELTIFE: So you want to make an announcement to that effect?

SENATOR JOHN WHITMIRE: Yeah, that's what I'm doing right now.

SENATOR KEVIN ELTIFE: Thank you, Senator Whitmire.

SENATOR JOHN WHITMIRE: Did you hear it, Mr. President?

SENATOR KEVIN ELTIFE: No, I didn't. I wish you would make it again for me, one more time.

SENATOR JOHN WHITMIRE: Okay. We're going to leave in about five minutes, we got about 50 bills --

SENATOR KEVIN ELTIFE: Last time it was ten minutes, is it ten minutes or five minutes?

SENATOR JOHN WHITMIRE: Well, because I had to mess with you, that took up five minutes.

SENATOR KEVIN ELTIFE: Thank you, Senator Whitmire.

SENATOR JOHN WHITMIRE: No. We're going to meet in five minutes in -- need to be there to get your bill heard.

SENATOR KEVIN ELTIFE: Thank you, Senator Whitmire. As a matter of postponed business, the Chair lays out House Bill 1665. The secretary will read the caption.

PATSY SPAW: House Bill 1665 relating to notification requirements regarding certain land use regulations in an area military facility.

SENATOR KEVIN ELTIFE: Chair recognizes Senator Van de Putte for a motion.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, this is a bill that we had much discussion about that dealt with Senator Fraser's bill that was originally a notification bill for the Abilene Air Force base or Dais Air Force base that with the amendment included a notification and tree, it did effect San Antonio. I was in error yesterday when I said this is just San Antonio because subsection E of the amendment does give it statewide appeal. Members, what I would like to do is move that we reconsider the vote by which we passed House Bill 1665 to third reading and the rationale is, even if you believe strongly in property rights and that this has very broad implications for tree ordinance and with municipalities all over the state, we ask that you give us the ability to roll this back to at least be able to put an amendment that would protect the training that happens at Camp Bullis. We would ask that you stick with us to move to reconsider the vote by which we passed on third reading for the purpose of being able to help the training of those Army, Navy and Air Force medics. We have to -- those of you that voted yesterday, we have to roll back to the point where the amendment -- and certainly I understand Senator Fraser's passion and Senator Nichols' passion for a property rights issue when it comes to trees. But if you truly really believe that the mission that is happening at Camp Bullis that trains our medics and they have to train as they fight, please allow us to go back, roll back to that time, just so we can make sure that the training mission of our Army medics is protected. So I want to give you the rationale to just please stick with us, we just want to protect San Antonio and our Army mission there to train medics. With that I will again move to reconsider by which we passed House Bill 1665 to third reading.

SENATOR KEVIN ELTIFE: Senator Wentworth, for what purpose?

SENATOR JEFF WENTWORTH: Mr. President, to speak on the motion.

SENATOR KEVIN ELTIFE: You may go ahead and proceed.

SENATOR JEFF WENTWORTH: Members, this is really important. I want you to understand what we're doing here because it's a little confusing. Senator Fraser passed a bill a couple of days ago and added an amendment on a vote of 31 to zero and the transcript of that day has Senator Davis asking at the end of his explanation -- "Mr. President, I'm sorry, I couldn't understand a word that Senator Fraser just said. Did anyone else understand a word that he just said?" and because none of us did, we passed it 31 to zero. All of us, Senator Uresti, Senator Zaffirini, Senator Van de Putte and I are asking us to do is to get back to that point in the parliamentary procedure so we can have a vote on that amendment. Yesterday we voted to reconsider the vote by which we passed the bill. The motion she's making now, a motion to get us back to reconsider the vote by which we passed it to third reading. After which she'll make another motion to reconsider the vote by which she adopted the amendment, at which point we'll will then consider the amendment. So that's why I just want to make it clear what we're doing and urge you to vote with Senator Van de Putte to reconsider the vote by which we passed to third reading.

SENATOR KEVIN ELTIFE: Thank you, Senator Wentworth. Senator Uresti, for what purpose?

SENATOR CARLOS URESTI: To speak on the motion to reconsider.

SENATOR KEVIN ELTIFE: Please proceed.

SENATOR CARLOS URESTI: Thank you. Members, not to belabor a point but I think it's important for us to understand what we're trying to accomplish. And if Senator Fraser wants to proceed with the amendment, what we would like to do, the four of us that represent Bexar County, to give us the opportunity exempt our county. In San Antonio we have a system in place that works, that everybody has been utilizing, we don't have the same concerns and objections from our developers and our realtors that other parts of Texas may have, and so we're just asking the body to give us the opportunity to back up just a little bit to either remove the amendment and/or to amend it to exempt San Antonio and Bexar County. And I'm sure others would like to follow. Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Thank you, Senator Uresti. Senator Nichols, for what purpose?

SENATOR ROBERT NICHOLS: First I would just like to make a clarification on what the motion is.

SENATOR KEVIN ELTIFE: You're recognized. Are you asking?

SENATOR ROBERT NICHOLS: I was really asking. So is the motion to reconsider to go back to the second reading?

SENATOR KEVIN ELTIFE: That is correct.

SENATOR ROBERT NICHOLS: Okay. And to then -- I guess I would like to ask Senator Van de Putte --

SENATOR KEVIN ELTIFE: Please proceed.

SENATOR ROBERT NICHOLS: Okay. Yesterday it was my understanding the argument was well, we passed on some of this stuff and it was done in a slippery way, but then you wanted to pass so we would come back in so we could have this debate. We can have this debate right now. Is that right?

SENATOR LETICIA VAN DE PUTTE: Well, Senator, what we'd like to do at the appropriate time is because the bill had already passed, we could have had this debate yesterday. But we chose to stop because committee meetings had to be done yesterday and so Senator Fraser -- we decided to stop rather than ask again because what we'd like to do is to roll back so we had to do final passage. What my motion is now is to reconsider third reading and then I'll have to make another motion just so that we can talk about the amendment. Now, I stated in my original recognition that I was wrong yesterday. I was reading the first page of Senator Fraser's amendment, and it dealt with San Antonio with the municipality. In subsection E it actually deals with the rest of the state with regard to that and I wanted to say that that was true. So what we would like to do is to roll back and we have got to protect that mission from Camp Bullis, and if you give us the opportunity, then we can talk about that and then hopefully craft an amendment that does not have statewide application. If you feel strongly about those property rights as I do, but we really do have to protect what's happening at Camp Bullis. We got to train those medics there.

SENATOR ROBERT NICHOLS: Okay. Have you shown Senator Fraser your proposed amendment?

SENATOR LETICIA VAN DE PUTTE: I believe Senator Wentworth has that amendment, and I think Senator Uresti has --

SENATOR ROBERT NICHOLS: Did Senator Wentworth show Senator Fraser that amendment? I know no one actually showed it to me. I spoke quite a bit on this yesterday.

SENATOR LETICIA VAN DE PUTTE: Well, I think we prepared the amendment today so what it does -- and Senator Uresti also has an amendment.

SENATOR ROBERT NICHOLS: All right. Let me -- members, this is not a good vote. I would strongly recommend you vote no here. We do not need to go back another step. We have the issue before us right now. To me the issue is a determination not of the military base but of a more core, basic issue of private property rights that are determined either by this legislative body or by a court. The issue here that we're voting on is being confused, in my opinion, with the issue of the military base. The people of San Antonio delegates who I strongly have worked with, I love San Antonio, are using the military base as an excuse to take away your private property rights. In my opinion --

SENATOR KEVIN ELTIFE: Senator Nichols, one minute, please. Could we please have a little order in the chamber, please? Thank you. Proceed.

SENATOR ROBERT NICHOLS: Members, let me kind of back up. The city of San Antonio has a tree ordinance as many other communities do. Some have much tougher tree ordinances, some have no tree ordinances whatsoever. I actually personally think the tree ordinance that San Antonio has is a fairly reasonable tree ordinance inside their city. Where the issue began several years ago when the city of San Antonio decided to extend out into the country 5 miles, their city ordinance on what you can and cannot do with your vegetation and your trees. Senator Van de Putte, on the city council ordinance, at any time the city council chose to change that ordinance to make it more restrictive or less restrictive, is it your opinion that the court case by the 4th court of appeals that would also apply to the ETJ?

SENATOR LETICIA VAN DE PUTTE: Senator, I know about the court case, I don't know about the intricacies of it. All I know is there was a court case, and the district court affirmed the city's position. I know that it went to the 4th court of appeals where a very conservative, mainly Republican court affirmed that and I know that -- but I don't know the intricacies of it. So I'm afraid I can't answer your exact questions because I don't know the details of that court case.

SENATOR ROBERT NICHOLS: Okay. Thank you. Members, I would encourage you to vote no on the reconsideration.

SENATOR KEVIN ELTIFE: Senator Jackson, for what purpose?

SENATOR MIKE JACKSON: Senator Van de Putte yield?

SENATOR KEVIN ELTIFE: Senator Van de Putte?

SENATOR LETICIA VAN DE PUTTE: I yield, sir.

SENATOR MIKE JACKSON: Okay. Thank you. Just help me clarify, your motion would take this bill back to second reading, correct?

SENATOR LETICIA VAN DE PUTTE: I believe so. What I am asking is to reconsider third reading so it does take us back.

SENATOR MIKE JACKSON: And you have an amendment; is that correct?

SENATOR LETICIA VAN DE PUTTE: No, sir. Senator -- I think both Senator Uresti and Senator Wentworth have an amendment but part of that is to address the issues about the military base.

SENATOR MIKE JACKSON: Okay. They both deal with San Antonio?

SENATOR LETICIA VAN DE PUTTE: I believe so.

SENATOR MIKE JACKSON: And then if your motion is successful, we go to second reading. You get the votes for those two amendments, are you going to be supportive of passing the bill?

SENATOR LETICIA VAN DE PUTTE: I am going to be supportive. I -- and the reason that I am is although I do not -- I really do believe in the local control, I understand about property rights. But for us the main issue is to be able to continue the training. And if we're successful, then that's what we want to do is to be able to continue the training, sir.

SENATOR MIKE JACKSON: Okay. But you do have the opportunity to amend the bill as we stand right now on third reading, correct? You can -- Senator Wentworth, Senator Uresti, they can offer their amendment right now, is that not accurate?

SENATOR LETICIA VAN DE PUTTE: Well, we would technically either talk first about the amendment and then it would either be an amendment to the amendment or I'm not sure how their amendment is written, sir.

SENATOR MIKE JACKSON: Well, you can amend the bill on third reading where this bill is right now.

SENATOR LETICIA VAN DE PUTTE: We could, Senator, but it takes a two-thirds vote and we would love to be able to bring this back so we could have this before us at the point where the amendment is.

SENATOR MIKE JACKSON: So if the amendments are so good, why don't we -- you're saying you don't have 21 votes?

SENATOR LETICIA VAN DE PUTTE: Well, we'd like to be able to do it at the appropriate time, had we been able to see the original amendment and it had gotten through so fast, that's the appropriate point because that's where all -- more of the amendments are done. So what we'd like to do is take it back to the point where it's most appropriate and also since this amendment was done on that second reading, it's the most appropriate point to do that.

SENATOR MIKE JACKSON: I think we could save a lot more time if you use withdraw your motion to reconsider and then just have the amendments offered up on third reading and we'd be done. Just a suggestion.

SENATOR LETICIA VAN DE PUTTE: Thank you, Senator.

SENATOR KEVIN ELTIFE: Senator Patrick, for what purpose?

SENATOR DAN PATRICK: Question of Senator Van de Putte.

SENATOR KEVIN ELTIFE: Senator Van de Putte yield?

SENATOR LETICIA VAN DE PUTTE: I yield, sir.

SENATOR DAN PATRICK: I wanted to clarify yesterday, it was going to impact statewide? It was going to be statewide yesterday, correct?

SENATOR LETICIA VAN DE PUTTE: Yes, sir. When I looked at the amendment, I was only looking at subsection D, I wasn't looking at subsection E which does have statewide. And that's why I stated I was in error yesterday when I thought it was just about you had to have a defense base authority. But if you look at the amendments that Senator Fraser put on on subsection E, it says notwithstanding any other law ordinance, rule, plan regulating planting, clearing of trees, vegetation on a particular tract of land may not be enforced in any portion of the extra territorial jurisdiction of a municipality that is not located within 3 miles of a boundary of a line. So that portion that I didn't see because it's basically on the second page, that does give it statewide applicability.

SENATOR DAN PATRICK: All right. Well, I was supportive of Senator Nichols yesterday, and I have to remain in support of Senator Nichols.

SENATOR KEVIN ELTIFE: Thank you, Senator Patrick. Senator Davis, for what purpose?

SENATOR WENDY DAVIS: To ask a question of Senator Van de Putte.

SENATOR KEVIN ELTIFE: Senator Van de Putte, do you yield to Senator Davis?

SENATOR LETICIA VAN DE PUTTE: I yield.

SENATOR WENDY DAVIS: Thank you, Senator Van de Putte. This is really just to follow up on Senator Patrick's questions to you. It really didn't come to my attention until after, of course, this amendment was passed a couple of days ago, this subsection E, which did have a statewide implication, this particular bill that Representative King has passed, that Senator Fraser is sponsoring here, it deals with a particular military facility or is it a statewide application?

SENATOR LETICIA VAN DE PUTTE: Well, the subsection D, as I understand it, deals with the municipality that is a defense community and within 3-miles of a boundary line of a defense base. That's San Antonio. If you look at subsection E, I believe that, at least it's been with the language there, I think that basically means the rest of the part of the state.

SENATOR WENDY DAVIS: So if my -- if the county that I represent or municipalities within the county that I represent have passed tree ordinances or anti-clear cutting ordinances, which by the way several of the municipalities that I represent have passed such ordinances, and in fact the city of Fort Worth has a tremendously large extra territorial jurisdiction which is also concerned about if your understanding and I share the understanding that this bill, this amendment to this bill would have statewide application on tree preservation ordinances that municipalities have passed as they apply to their extra territorial jurisdictions that would now be null and void unless they're in three miles of a military base, correct?

SENATOR LETICIA VAN DE PUTTE: I believe so.

SENATOR WENDY DAVIS: Thank you, Senator.

SENATOR KEVIN ELTIFE: Thank you, Senator Davis. Members, you heard the motion. Senator Van de Putte has moved to reconsider the vote by which House Bill 1665 passed to third reading. Secretary will please call the roll on Van de Putte's motion.

SENATOR KEVIN ELTIFE: 11 ayes, 20 nays, the motion to reconsider fails. Thank you, Senator Van de Putte. Members, we're now on third reading and we have some amendments. Senator Van de Putte, are you wishing to be recognized or is your light still on? Okay, thank you. The following amendment, secretary please read the amendment.

PATSY SPAW: Floor amendment number 1 by Wentworth, third reading amendment.

SENATOR KEVIN ELTIFE: Senator Wentworth, you're recognized on the amendment.

SENATOR JEFF WENTWORTH: Thank you, Mr. President. Members, I want you to pay really close attention to this. This is a serious thing, we're doing serious stuff here on the floor. I know it's in the last week or so in the session, but we had a statewide amendment that was mumbled on a 31 to zero vote, nobody understood what was happening. We're now back on third reading. What Senator Van de Putte and Uresti and Zaffirini and I are asking that Bexar County be exempt from this statewide amendment based on Camp Bullis and the military mission there. That's all this amendment does. I earnestly urge you to give those of us from Bexar County the opportunity to exempt ourselves from this for the very reasons we've already outlined. Mr. President, I move adoption of amendment No. 1 -- floor amendment No. 1 on third reading.

SENATOR KEVIN ELTIFE: Senator Deuell, for what purpose?

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

SENATOR KEVIN ELTIFE: Senator Wentworth yield?

SENATOR JEFF WENTWORTH: Happy to yield to Senator Deuell.

SENATOR BOB DEUELL: Okay. Senator Wentworth, I am really trying to come and listen to this debate that's been going back and forth for two days, so Senator Fraser's amendment, the way that I understand it, would say that the ETJ around any given city would not be affected by any city laws in this regard and then this -- is that right?

SENATOR JEFF WENTWORTH: I'm not entirely sure that's exactly right. His was designed -- his was the House bill by Representative King that was targeting Abilene and Dais Air Force base in Abilene.

SENATOR BOB DEUELL: Well, I'm reading his amendment now that starts at page 1 starting out at line 29, it says, notwithstanding any other law, ordinance, rule or plan regulating the planting, clearing or harvesting of trees or vegetation or other use of trees or vegetation on a particular tract of land may not be enforced in any portion of the extra territorial jurisdiction of a municipality that is not located within 3 miles of a boundary of a defense base.

SENATOR JEFF WENTWORTH: Right.

SENATOR BOB DEUELL: So that would tell me that if a city has tree regulations of any sort that it would not apply to their ETJ; is that right? I'm asking.

SENATOR JEFF WENTWORTH: I think that's correct, yes.

SENATOR BOB DEUELL: Okay. So assuming that we're correct about that, your amendment then exempts Bexar County?

SENATOR JEFF WENTWORTH: Yes, sir. If you look on page 2 subsection S says -- subsection B and E do not apply to a municipality primarily located in the county that has a population of more than 1.5 million in which more than 75 percent of the population lives in a single municipality and of the 254 counties, it only describes Bexar County.

SENATOR BOB DEUELL: Now, I saw some statistics about ETJs throughout the state of Texas and it varies in distance from the city boundaries based upon the size of the city, it can be as much as 5 miles for larger cities which I guess would include San Antonio, it's 2 miles for Greenville where I live which is a city in the 25,000 to 50,000 range. But the ETJ around San Antonio, I think I was told, was greater than the size of Rhode Island. But are you -- what you want with your amendment is that you want the people who live in this ETJ who can't vote within the city of San Antonio to be regulated by San Antonio, there's fees and various things for that --

SENATOR JEFF WENTWORTH: No, sir, I do not want that and I would not vote for that. I'm very glad we're having this discussion on the floor. The ETJ tree ordinance that San Antonio has in effect that we're trying to enforce says that if you live in that 5-mile strip in the ETJ around San Antonio, if you're living in a private residence, and I don't care how many acres, that's your private residence, this tree ordinance doesn't apply to you. If you want to cut down every tree on your place, you can do that --

SENATOR BOB DEUELL: That's current law.

SENATOR JEFF WENTWORTH: Yes, sir. If you're running a farming, ranch, agricultural operation and you want to cut down all your trees, that's fine, this is designed for predevelopment. This is designed for those out of state, national home building companies that could care less about the hill country of Texas, that want to come down here and buy two or 300 acres and buy a bulldozer, strip it clean and leave it looking like a West Virginia coal mine or a moonscape, that's what we're trying to avoid. And you have photographs on your desk that I had passed out where we've had that happen in Bexar County, and we don't want that to happen anymore.

SENATOR BOB DEUELL: I had two photographs placed on my desk. How many times has that happened?

SENATOR JEFF WENTWORTH: Well, enough times that we're very unhappy about it in San Antonio and we don't want it to happen anymore.

SENATOR BOB DEUELL: How many acres, do you know how many acres?

SENATOR JEFF WENTWORTH: I don't know, but you can look at this photographs and see it's several hundred between the two photographs I've given you.

SENATOR BOB DEUELL: Now, regardless of who owns this property or where they're from, it is nonetheless their property. So how -- I've heard arguments about property rights, so how do you address the issue that this property is their property and they should be allowed to do to it as they see fit? Do you not see this as a property rights issue?

SENATOR JEFF WENTWORTH: Well, if you're protecting the right of national home building associations out of the state to come in here and -- this applies only to predevelopment. We're not talking about existing residents or farming and ranching operations, we're talking about preserving trees for people that live in Texas.

SENATOR BOB DEUELL: Does current law only apply to out of state building companies or in state companies too?

SENATOR JEFF WENTWORTH: It's predevelopment. The reason I say out of state is because those two photographs happen to be out of state companies that have done this.

SENATOR BOB DEUELL: Well, I --

SENATOR JEFF WENTWORTH: One is from Michigan, and the other one is from I don't know where, but not here.

SENATOR BOB DEUELL: Well, A lot of times we have a debate on the floor, it's a foregone conclusion. But I really want to listen to this debate and hear defense and pros and cons about property rights with this issue. And thank you for your time.

SENATOR JEFF WENTWORTH: Thank you, sir. Mr. President, I urge adoption of floor amendment No. 1.

SENATOR KEVIN ELTIFE: Senator Davis, for what purpose?

SENATOR WENDY DAVIS: Ask the author of the amendment a question, please.

SENATOR JEFF WENTWORTH: Happy to yield, Senator Davis.

SENATOR WENDY DAVIS: Thank you, Senator Wentworth. Like you I was very concerned when I saw the language of the amendment which has now been added to this bill floor amendment No. 1 by Senator Fraser. On a bill that has to do with land use regulations near military facilities. In fact, it doesn't even really have to do with land use regulation. It has to do with notice requirements regarding proposed land use regulations around military facilities and what a surprise it was to me, to use the words of Senator Ellis, Chitty Chitty Bang Bang to see suddenly a -- an amendment with language in it that has nothing to do with notice requirements for a military base creating an override of local control. That's the way I see this. And again as I've said in my questions to Senator Van de Putte, I'm very concerned, as you are, for Bexar County, I'm concerned for Tarrant County, municipalities around Tarrant County that have dealt with this issue and Senator Deuell asked you some very good questions about that. But our communities have made local decisions based on the impacts of clear cutting, of wholesale clear cutting of vegetation as predevelopers, as a predevelopment tool and what it's done to the quality of lives of the communities that are experiencing that clear cutting. And I as a former local representative, a city council member, certainly understand how important it is to our community. So is your amendment really basically just trying to say let's keep local control where it belongs, let's not up here at the state legislature say that we're going to remove under the guise of a bill about notice requirements on military facility land use regulation, under the guise of a bill like that, we're not going to take away local control from communities that have made decisions about tree ordinances and clear cut and situations such as that.

SENATOR JEFF WENTWORTH: That's correct, Senator.

SENATOR WENDY DAVIS: Your amendment does not, unfortunately as it's currently written, I don't believe it would include Tarrant County. And if you would allow me a moment, I'd like the opportunity to try to craft an amendment that would include Tarrant County with the amendment that you proposed. I believe Senator Watson might have an amendment, and if he does, I -- okay. I think I could do it very simply if you would allow me a moment.

SENATOR KEVIN ELTIFE: Senator Wentworth.

SENATOR JEFF WENTWORTH: I'm happy to accommodate Senator Davis if that's all right with the Chair.

SENATOR KEVIN ELTIFE: We'll give it just a minute. Senator Patrick, for what purpose?

SENATOR DAN PATRICK: Just while we're waiting, just a quick question of the author of the amendment of Senator Wentworth.

SENATOR KEVIN ELTIFE: Will you yield to Senator Patrick while we are waiting on the amendment to the amendment?

SENATOR JEFF WENTWORTH: I'm sorry, I didn't hear you.

SENATOR KEVIN ELTIFE: Would you yield to Senator Patrick for some questions?

SENATOR JEFF WENTWORTH: Happy to yield to Senator Patrick.

SENATOR KEVIN ELTIFE: Proceed.

SENATOR DAN PATRICK: Senator, you're making the case here -- and since we're waiting for them to write, you're making a case here that this is a local issue and we should stay out of San Antonio's business. I wish you would be consistent because you worked against issues in Harris County that were bipartisan supported. This is an issue that could have statewide impact, and as you said today, even though the issue you fought passed 30 to one you're truly the minority, that you have an interest for San Antonio, to look out for the state. Well, I have an interest for Houston to look out for the state, and that includes the property rights of people who live in the ETJ of San Antonio. And I don't think San Antonio that's collected $4 million in fees already, my understanding, for people in the ETJ and have spent them in their city budget where people in the ETJ have no control over those dollars, they can't vote. I believe this is not just a Bexar County or Tarrant County -- I believe this is a statewide issue. Every Senator has the responsibility to stand up for property rights of every Texan even if their own delegation does not. Thank you. I'll vote against the amendment.

SENATOR JEFF WENTWORTH: Of course, I disagree with you, Senator Patrick. This is a matter of private property rights for those folks who live in the ETJ that you're talking about. They're not affected if they already live there, if they're doing agricultural, farming things, this doesn't apply to them. What we're trying to do is exempt from those national home builders who come in and scrape hundreds of acres of oaks and pecans and mesquites and the rest to make it look like, as I said earlier, a West Virginia strip coal mine. That's what we're trying to avoid.

SENATOR DAN PATRICK: Trying to avoid providing housing, trying to avoid growing the economy, because in your view you think you trump property rights of people who own private property. And I just think you're incorrect on that.

SENATOR JEFF WENTWORTH: Well, it's hardly stunting growth of the economy by having one of the most attractive places in the state to live. Ten years ago after the 2010 census, my Senate district ranked No. 1 population, I had more people in my district than anywhere else in the state. Ten years, I lost 12 counties out of my Senate district. Ten years later, I'm the third most populous Senate district in the whole state and that's because people want to live in the hill country, they want to live in a very beautiful part of the state and all I'm trying to do and Senator Van de Putte, Senator Uresti and Senator Zaffirini are trying to do is to protect that beautiful part of Texas.

SENATOR KEVIN ELTIFE: Thank you, Senator Patrick. Members, Senator Wentworth has moved adoption of floor amendment No. 1. Let me make clear this is on third reading, so it's a two-thirds vote. Senator Fraser, would you like to be recognized?

SENATOR TROY FRASER: And I would recommend we vote no on this amendment, it's not local -- it's not local control when you don't have the right to vote. They are dictating policies to people outside their area. I would ask you to vote no on this amendment. It guts the bill.

SENATOR KEVIN ELTIFE: Thank you, Senator Fraser. Members, the motion by Senator Wentworth is to adopt floor amendment No. 1. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 11 ayes, 20 nays, the motion fails. The following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 2 by Hinojosa and Lucio.

SENATOR KEVIN ELTIFE: Members, we'll wait until you have the amendment on your desk. Senator Hinojosa to explain the amendment. Senator Hinojosa to explain the amendment.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. My amendment is House Bill 1665 which is the engrossed version of Senate Bill 497 by Senator Jackson. My amendment is part of a bill that was voted out unanimously out of the Senate natural resource committee and first out of the Senate with a 30 to one vote. What it does it provides for the wind farms to provide notification whenever they are going to be constructing a wind farm within a certain distance of a military base. It is not a permitting type of amendment. It's just a notification amendment so at least the military bases know ahead of time and it's put into a document that other wind farms, if they are built too close to the base, will interfere with the radar. Senator Fraser, this is the one that we all worked out and agreed on the language. It doesn't provide for permitting, but it does provide for the wind farm to notify the Federal Aviation Administration required by law.

SENATOR KEVIN ELTIFE: Senator Fraser on the amendment.

SENATOR TROY FRASER: Senator, could I ask a question, please?

SENATOR JUAN HINOJOSA: Yes, sir.

SENATOR TROY FRASER: This is the Jackson bill that we passed, is this the exact same thing that we passed off the floor?

SENATOR JUAN HINOJOSA: Correct.

SENATOR TROY FRASER: It's not the bill that you laid out, this is the bill that Senator Jackson passed on?

SENATOR JUAN HINOJOSA: Correct. It's identical to -- yes, sir.

SENATOR TROY FRASER: Members, this is acceptable. It's one we've already voted on. It has to do with wind generation in the vicinity of a military establishment. The issue was brought to us by the Corpus Christi people, and it was bedded. This amendment is acceptable.

SENATOR JUAN HINOJOSA: Thank you, Senator Fraser. I move adoption.

SENATOR KEVIN ELTIFE: Members, Senator Hinojosa moves adoption of floor amendment No. 2. It's acceptable to Fraser. Is there objection to the adoption of floor No. 2? Is there any objection to the adoption of floor amendment No. 2? Hearing none, floor amendment No. 2 is adopted. Chair recognizes Senator Fraser for a motion.

SENATOR TROY FRASER: Members, I now move final passage of House Bill 1665 as amended.

SENATOR KEVIN ELTIFE: Senator Fraser is now moving final passage of House Bill 1665 as amended. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 24 ayes, seven nays House Bill 1665 is finally passed. Congratulation, Senator Fraser. The Chair recognizes Senator Williams for a motion.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President. I would move to extend the deadline for the intent calendar until 6:00 p.m. this evening.

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

SENATOR RODNEY ELLIS: An announcement, Mr. President. My previous motion and announcement was for government organization committee to meet at my desk upon recess, not adjournment.

SENATOR KEVIN ELTIFE: Members, you've heard the announcement and motion by Senator Ellis. Is there objection? Chair hears none, so ordered. Members, we're going to recess until approximately 3:30 after we recognize the Dean. Are there any more announcements?

SENATOR JOHN WHITMIRE: Yeah, I'd like to try one more time. Announce that criminal justice is going to meet upon recess.

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

SENATOR TROY FRASER: And I do the same thing reminding that natural resources we had suspended to meet and we'll meet at my desk to vote out a bill of pending business 125.

SENATOR KEVIN ELTIFE: Thank you, Senator Fraser. Senator Whitmire.

SENATOR JOHN WHITMIRE: You ready for a motion? Recess until 4:00 clock?

SENATOR KEVIN ELTIFE: 3:30, Dean.

SENATOR JOHN WHITMIRE: Okay. Recess until 3:30. I so move.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Dean Whitmire. Is there objection? Chair hears none, Senate stands at recess until 3:30. Thank you, members.

LT. GOVERNOR DAVID DEWHURST: The Senate will come to order. The Chair lays out on third reading SB1581 as amended by Senator Ogden. Secretary will read the --

PATSY SPAW: Senate Bill 1581 related to state fiscal matters related to public and higher education.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Ogden for a motion.

SENATOR STEVE OGDEN: Mr. President and members, I move to reconsider the vote by which we finally passed Senate 1581. This bill was sent to the House and was rejected by the House and sent back to us because of a floor amendment by Senator Wentworth that authorized the carrying of concealed handguns on college campuses with some expectations. Because this bill is relating to state fiscal matters related to public and higher education, the House parliamentarian ruled that this amendment is not germane and in order to keep this bill alive and also to advance school finance legislation, though I disagree with the House parliamentarian, and I think our own parliamentarian disagrees with the House parliamentarian, I am recommending to the Senate to reconsider the vote so that we can keep Senate Bill 1581 alive and keep school finance reform alive. So I move to reconsider the vote by which Senate Bill 1581 was finally passed.

LT. GOVERNOR DAVID DEWHURST: Senator Ellis, for what purpose do you rise?

SENATOR RODNEY ELLIS: Ask a question of the author, first a parliamentary inquiry and then I'd like to ask a question.

LT. GOVERNOR DAVID DEWHURST: State your inquiry.

SENATOR RODNEY ELLIS: Parliamentary inquiry is for -- members, if we could get a little order Mr. President, so they can know what we're doing. How many votes -- the parliamentary inquiry, Mr. President, is how many votes would it take to succeed on a motion to reconsider?

LT. GOVERNOR DAVID DEWHURST: Majority of the members present.

SENATOR RODNEY ELLIS: So it would be 16 votes?

LT. GOVERNOR DAVID DEWHURST: Yes.

SENATOR RODNEY ELLIS: And then assuming that an amendment is added for Senate Bill 22, how many votes would that require?

REPRESENTATIVE DAVID DEWHURST: On third reading a two-thirds of the members which would require with 31 members present 21 votes.

SENATOR RODNEY ELLIS: Okay, thank you. Now, I'd like to ask a question.

LT. GOVERNOR DAVID DEWHURST: Will Senator Ogden yield?

SENATOR STEVE OGDEN: I yield.

SENATOR RODNEY ELLIS: I just want to make sure so members do understand the effort of what we're doing. So if one votes on the motion to reconsider to bring this bill up, which would take 16 votes assuming all 31 of us are here, and I think we are, it will take votes to do that and then it will take 16 votes to add Committee Substitute Senate Bill 22 which was not able to get 21 votes --

SENATOR STEVE OGDEN: It would take 21.

SENATOR RODNEY ELLIS: Not 21 to add to the amendment.

SENATOR STEVE OGDEN: Yes, it will.

SENATOR RODNEY ELLIS: Oh, so, it will take 21 votes to add Committee Substitute to Senate Bill as an amendment?

SENATOR STEVE OGDEN: Yes, sir, because I understood the way we're doing this is a third reading amendment.

SENATOR RODNEY ELLIS: Okay. Well, that's good. Let me just ask you this, it's a parliamentary question and I'm sure you already know the answer, the House could have sent this bill back to the appropriate House committee to take the gun amendment off? Correct?

SENATOR STEVE OGDEN: I believe that's correct.

SENATOR RODNEY ELLIS: So I assume part of the discussion was to send it back over here. Could they have added the Committee Substitute to Senate Bill in that committee as well?

SENATOR STEVE OGDEN: Yes.

SENATOR RODNEY ELLIS: But they opted to send it over here. I am just asking so members know for full disclosure, was that a discussion or was an accident or was it intent to send it over here to see if there'd be 21 votes on Committee Substitute for 22 first?

SENATOR STEVE OGDEN: I don't know why they did what they did. I seldom know why the House does what it does, but I'm going to speculate they didn't have the votes other there to strip the amendment off, so they sent it back over here to kill it.

SENATOR RODNEY ELLIS: Well, they might have a good idea. So I'm going to see if I can help to kill it. Thank you, Mr. Chairman.

SENATOR STEVE OGDEN: Well, I appreciate -- you say that with some humor, it's a pretty serious issue, if we don't pass a school finance reform bill, we will guarantee be in special session, so as we're voting on these different motions, this is my best attempt to keep us out of special session.

SENATOR RODNEY ELLIS: Well, on that point, only because you raised it, I'm sure we'll have a fuller discussion on 22 when it comes up, but I think we ought to focus more on getting it right. And getting it quick in my judgment. I mean, there are some things that the education bill will do to my district and the public education in Texas in general, so I just want to make the point -- and sometimes I think we get caught up on wanting to get out of here. And based on the travel schedule I normally keep during the interim, I'd like to get out myself, to be honest with you, I'd make -- I'd be willing to spend the summer here with you all, you're such wonderful people. And I don't say that facetiously. I just wonder if we had more time and just focused on the issue of what's appropriate in funding the second largest state in the country if we do a better job than what we have done. I mean, obviously we've had those discussions about taking more money out of the Rainy Day fund the political reality of what will pass the House, even if you can line up the votes of the Senate to do that, and I think -- I won't repeat this again when we get to the merits of the education bill -- in my humble opinion, if we were here in the heat of summer, probably with a bit more focus on just finance issues and not all the other distractions whether it's voter ID or who gets what through the redistricting process, I think if we just had that focus, the

(inaudible) to focus on, we'd do a better job than I think we have done so far. But that's just one Senator's opinion.

SENATOR STEVE OGDEN: Well, I understand, and I will leave it to the will of the Senate.

SENATOR RODNEY ELLIS: Thank you.

LT. GOVERNOR DAVID DEWHURST: Senator West, for what purpose to wow rise?

SENATOR ROYCE WEST: A question of Senator Ogden.

LT. GOVERNOR DAVID DEWHURST: Will Senator Ogden yield?

SENATOR STEVE OGDEN: Yes.

SENATOR ROYCE WEST: Senator Ogden, so we're taking the guns on campus language off of this bill?

SENATOR STEVE OGDEN: Well, I am going to ask the Senators to do it.

SENATOR ROYCE WEST: Okay. You're going to ask the Senators to do it. And so if it's successful, then that -- I think that's the only vehicle that it's on right now. And it takes, what, 16 votes to do that? How many votes does it take to do that? 21?

SENATOR STEVE OGDEN: 21.

SENATOR ROYCE WEST: It's on third reading, okay. This is going to be interesting. Thank you.

LT. GOVERNOR DAVID DEWHURST: Would Senator Shapiro -- Senator Shapiro, could you approach the podium? Members, where we are is we're on a motion by Senator Ogden to reconsider the vote by which Senate Bill 1581 was adopted.

SENATOR RODNEY ELLIS: Mr. President, might I just -- parliamentary inquiry.

LT. GOVERNOR DAVID DEWHURST: State your inquiry.

SENATOR RODNEY ELLIS: Just to make sure all of us are here, all 31 of us are here, at what point will 21 votes be needed?

LT. GOVERNOR DAVID DEWHURST: On third reading.

SENATOR RODNEY ELLIS: On third reading, okay. I guess just to play it safe this might be my one NRA vote so I just might vote no all the way through and I'll be safe. Is that okay? Thank you.

LT. GOVERNOR DAVID DEWHURST: Senator Patrick, for what purpose?

SENATOR DAN PATRICK: Question of the author.

LT. GOVERNOR DAVID DEWHURST: Will the author yield?

SENATOR STEVE OGDEN: I yield.

SENATOR DAN PATRICK: You know, Senator Ogden, you said a moment ago to Senator Ellis this is a serious issue and as one who supports campus carry, as many of us do, support 2nd Amendment issues, we are in this position of having to make a tough vote because maybe another group of people did not, and I want to be clear that the reason we're taking this tough vote is because there's a bigger picture here. I want -- I'd like your opinion on that and your confirmation of that, that this bill is so vital to the classrooms and teachers in Texas and the future of education in Texas, that without this bill, the classrooms and our teachers in the coming school year would not be in the position that we believe in the Senate they should be. And so is that the reason we're being asked to take the tough vote for the bigger picture and the future of Texas?

SENATOR STEVE OGDEN: I believe it is and, you know, there's always been a debate about public school finance. What I know is that the base bill that was introduced had a level of funding for public education that I think would destroy public education as I think we know it. We now have achieved agreement with the House to restore $6 billion in funding to public education that I think basically saves public school. But you can't just restore the money. You can't just say, okay, just throw some more money at the problem. Under -- or running a current services deficit of $10 billion and Senate Bill 22 attempts to address the fundamental problem with current law and that is target revenue. This is a good -- this effort is essential and it requires some sacrifice from all parties. What it doesn't need is politics as usual. So thank you.

SENATOR DAN PATRICK: So, as I view this vote, and we talked a couple of moments before we began, for those of us who are strong supporters of the 2nd Amendment, we have a decision to make. It's a tough decision, most of the votes or many of the votes -- I shouldn't say most -- many of the votes we cast on this floor are easy votes, people like us to make the tough votes, this is a tough vote but it's the right vote for education and classrooms and teachers in Texas. And I appreciate what you and the conference committee and the Senators who stayed with you on this issue from day one to focus on our classrooms and prioritize our teachers while we're still cutting the budget and not raising taxes, so I appreciate your leadership so that's why I will make the tough vote and stand with you as I believe other members who also are strong 2nd Amendment supporters will to be with you.

SENATOR STEVE OGDEN: Thank you.

LT. GOVERNOR DAVID DEWHURST: Senator Ellis, did you -- for what purpose do you rise?

SENATOR RODNEY ELLIS: To ask a question of Senator Ogden.

LT. GOVERNOR DAVID DEWHURST: Again?

SENATOR RODNEY ELLIS: Yes, sir, again.

SENATOR STEVE OGDEN: I yield.

SENATOR RODNEY ELLIS: Senator, I wasn't going to say anything else, but when Senator Patrick made the comment this is a very serious vote, I want to make sure you and everybody understands that I appreciate that and I know it's a serious vote. But before any of us get too self-righteous and get on the high horse, I want to point out by being successful on the motion to reconsider, knowing that the intent is to add the Committee Substitute to Senate Bill 22, it's also a difficult vote for me. One of the people who very early stood up on this floor and voted against and made the argument against having guns on campuses. I too respect the United States Constitution and people's right to carry guns. Let's just be real about what this does, since you comment to my distinguished colleague make me want to make the case and make sure I spell out what we're going to do when this bill comes back up. We're going to reduce funding foundation school programs FSB by $4 billion for the biennium, we're going to reduce target revenue.

SENATOR STEVE OGDEN: That is not correct. In fact, that's incorrect. We are not reducing funding for the foundation schooling program. We are actually increasing it in House Bill 1, and in the agreement we've had with the Senate, I think it increases over the current biennium by over a billion dollars. The issue is because we believe student growth is as high as it is, overall spending per student could drop by about five or 6 percent, but that's not the fault of this legislature, that's just a reality because we're coming out of a major recession. And I think we're all committed, we're all committed to restoring that funding as soon as economically possible. But what we're doing today is dealing with a reality of the essential necessity to fund our schools and allow this economy to grow back to where it once was.

SENATOR RODNEY ELLIS: Well, I certainly appreciate that we have a no money complex. But as you know and have stated, I think on this floor, if you had your druthers we'd take more money out of the Rainy Day fund to do that. So I guess where we disagree is regards to how we get there. It's a hope, wish, it's a desire the economy will grow. But if the economy does not grow I think my comment will be correct. I mean, for my school district I think the cut's eight-point -- it will end up being as a result of 22 -- 8.1 percent for the largest district in the state. Senator, that's $221 million. That's a big hit. And for my wealthy school district of Stafford, which is a municipal district, is about an 8 percent cut. For them, that's a small district, is about $3.7 million and for North Forest, which is a very poor one that I have, which is much smaller by 1.9 percent which is still a million bucks.

SENATOR STEVE OGDEN: You call it a cut, what I call it not as big of an increase as they think they're entitled to. We're defining cuts as a smaller increase than what we think they're entitled to which in a lot of people's view is not really a cut.

SENATOR RODNEY ELLIS: Let me ask you this. Will 22 essentially redefine the way we fund public schools? Will it essentially get rid of the structural deficit that I heard you make a very compelling and identifying heartfelt speech about on the opening day of this session? Does this bill I guess the question is restructure --

SENATOR STEVE OGDEN: What I'd like to do is -- I don't believe so, I think we're talking about two different things. But I think the most appropriate way to debate that is when the actual amendment is before the body. I mean, basically right now we're discussing the motion to reconsider and I'll be happy to answer those questions but I believe the succinct answer is no, those are two different issues. But if you want to go in details, I would ask that you wait until the amendment's before the body.

SENATOR RODNEY ELLIS: I'll wait. I just want to make the case of the reason why I'm going to vote against the motion to reconsider, strongly as I felt against the amendment to put guns on campuses, I know the rules have been very flexible this session, I want to do as much as I can to be on record against the Committee Substitute to Senate Bill 22. Thank you.

LT. GOVERNOR DAVID DEWHURST: Senator Nichols, did you wish to ask a question? Members, the motion before us is a motion to reconsider the vote by which Senate Bill 1581 as amended was adopted. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: There being ayes and ten nays, the motion is adopted. The Chair recognizes Senator Ogden for a motion to reconsider the vote by which Senate Bill 1581 as amended passed to engrossment.

SENATOR STEVE OGDEN: Members, we're going to take this bill back to second reading, so I move to reconsider the vote by which Senate Bill 1518 was passed to engrossment.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Ogden. Senator Davis, for what purpose do you rise?

SENATOR WENDY DAVIS: Parliamentary inquiry.

LT. GOVERNOR DAVID DEWHURST: State your inquiry.

SENATOR WENDY DAVIS: Is it possible without taking this back to second reading to allow the removal of the amendment which has made this unpalatable to the House?

SENATOR STEVE OGDEN: Yes.

SENATOR WENDY DAVIS: And so we're moving it back to second reading essentially so that there will have to be simple majority vote on the addition of Committee Substitute for Senate Bill 22 versus a super majority vote for the addition of that amendment?

SENATOR STEVE OGDEN: That's correct.

SENATOR WENDY DAVIS: And so for members on the floor, I just want to make sure we all understand what we're doing with this vote, members, if we vote to go back to second reading, we're voting to allow a simple majority to add a new funding formula for the funding of our public school systems. If we don't go back to second reading, we vote on a super majority as to whether we do that. So this vote essentially is going to determine that matter on this floor, and I just want to make sure that the members understand that so long as we stay on third reading, the outcome would be different.

SENATOR STEVE OGDEN: Senator Davis, you control that, because if there was a tactical vote to block taking off the gun amendment, which I understand there is, we wouldn't have to do this. So you can't have it both ways. I mean, if you want a super majority for Senate Bill 22, then let us take the gun amendment off. But if we're going to play parliamentary games, we have no choice.

SENATOR WENDY DAVIS: Well, I'm not sure, Senator Ogden, that that's really true. I'm not sure there is a super majority requirement here on the floor, I'll be happy to talk to you about it at the parliamentarian desk.

SENATOR STEVE OGDEN: There's a 21 vote requirement to remove Senator Wentworth's amendment if we do it on third reading. As I understand it -- in fact, what I've heard on the floor is suddenly we have normally a lot of people who would normally vote for that, deciding that they are now for the NRA position.

SENATOR WENDY DAVIS: All joking aside, and I know there was some joking when we --

SENATOR STEVE OGDEN: I don't think it's joking. When I heard it, I thought it was all serious.

SENATOR WENDY DAVIS: Well, I would like to approach the parliamentarian and have that conversation because what I don't want to do, I certainly don't want to be a part of doing is going back to second reading on the Committee Substitute for Senate Bill 22 simply because of a maneuver on the guns on campus issue. I don't want to be part of that and I certainly wouldn't give my no vote to removing the guns on campus, put us back into a second reading on something that I think is tremendously important in terms of the voice of the two-thirds majority rule that we have in the Senate. I don't think it needs to be sacrificed for that. So I want to make sure that it's the case that there are 11 members, I guess on this floor right now, since there only 30 of us, that really are committing to a no vote on removing the guns on campus and that's the reason we're moving from third reading to second reading. I don't think that's really the case, Senator.

SENATOR STEVE OGDEN: This is up to the parliamentarian, but I don't think that's an order. I've got a motion on the floor to reconsider and asking us to stop so we can go find out what somebody was going to vote an amendment or not, I don't think it's an order. I mean, you can ask.

LT. GOVERNOR DAVID DEWHURST: State your inquiry please, Senator.

SENATOR WENDY DAVIS: Yes.

LT. GOVERNOR DAVID DEWHURST: Your parliamentary inquiry should be directed to the --

SENATOR WENDY DAVIS: My parliamentary inquiry, Mr. President, is that if we vote to go back to second reading, will that mean that a simple majority vote can pass a Committee Substitute to Senate Bill 22?

LT. GOVERNOR DAVID DEWHURST: Yes, it always takes a simple majority to adopt an amendment on second reading.

SENATOR WENDY DAVIS: Thank you. And then in response to my question about why we were doing that --

LT. GOVERNOR DAVID DEWHURST: That's not a proper parliamentary inquiry.

SENATOR WENDY DAVIS: Well, I'm going to make a parliamentary inquiry if you allow me to set the basis for it. In response to my question about why we were going back to second reading versus staying on third reading for the vote on Committee Substitute to Senate Bill 22, Senator Ogden said we were doing that because he believed there were enough votes on this floor to block on third reading the removal of the guns on campus, which is what is going to kill this bill Senate Bill 1581, which I and most people voted for on the floor, that because there was enough votes to block that, that that was requiring rolling back from third reading to second reading. And I'm asking whether on a parliamentary inquiry it's appropriate to determine the accuracy of that statement before we move to that measure, before we move to second reading.

LT. GOVERNOR DAVID DEWHURST: Senator, with all due respect, it's not appropriate for me to comment on the intention of different members on their votes. Members, before us is a motion by Senator Ogden to reconsider the vote by which Senate Bill 1581 passed to engrossment. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: Members, there being 20 ayes and ten nays, the motion is adopted. The Chair lays out on second reading Senate Bill 1581. The secretary will read the caption.

PATSY SPAW: Senate Bill 1581 relating to state fiscal matters related to public and higher education.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Whitmire moves to excuse Senator Carona on matters of important business. Is there objection from any member? Chair hears no objection. So ordered. Members, the Chair recognizes Senator Ogden for a motion to reconsider the vote by which floor amendment No. 5 by Senator Wentworth was adopted.

SENATOR STEVE OGDEN: Mr. President and members, I move to reconsider the vote. Floor amendment No. 5 is the amendment that dealt with concealed handguns on college campuses. I move to reconsider the vote by which that amendment was adopted.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Ogden. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: Members, there being 28 ayes and one nay, the motion to reconsider the vote by which amendment No. 5 on Senate Bill 1581 was adopted is adopted. The Chair recognizes Senator Wentworth on floor amendment No. 5.

SENATOR JEFF WENTWORTH: Mr. President, with great reluctance and before I make -- before I do this, let me just say this is an amendment that was passed by this body 21 to ten; it had over 85 cosponsors in the House and on a technical, and I believe it inappropriate and wrong ruling by the House parliamentarian, take it down. But I don't want anybody to have to take a vote that would be misinterpreted, so I pull down floor amendment No. 5.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Wentworth. Senator Wentworth pulls down floor amendment No. 5. The Chair lays out floor amendment No. 13 by Senator Shapiro. Secretary will read the amendment.

SENATOR FLORENCE SHAPIRO: Floor amendment No. 13 by Shapiro.

LT. GOVERNOR DAVID DEWHURST: And members, I think you have that in front of you the floor amendment No. 13. The Chair recognizes Senator Shapiro to explain floor amendment 13. Before I do that, before I do that, Senator Van de Putte did you wish to speak -- excuse me. The Chair recognizes Senator Shapiro on floor amendment 13.

SENATOR FLORENCE SHAPIRO: Thank you very much Mr. President and members. Members, before I start with this and we all know what this is about to become, but before I do that, I just really want to say to each and every one of you, I really do mean this, we have worked really hard this legislative session to try to come up with a public school finance piece under most difficult circumstances, and I just want to say to each and every one of you how much I appreciate it. Not about your vote, not about where you stand but I just want to tell you how much I appreciate the work that each of you individually has put into this process. So Mr. President, I would like to amend the -- bring floor amendment No. 13 to this body. Before I speak about the specifics of the bill, I would like to discuss why I believe it is so important that we pass this bill today. I think it was painfully obviously from the debate in House Bill 1 that there was much angst over our budget as it relates specifically to public school funding. I am absolutely convinced that many of you feel the way I do that we are in very difficult times and we are facing difficult times and that around us was one goal and one goal during this session and that was that we would unite around -- above all else -- our public schools and to protect the classroom. Committee Substitute to Senate Bill 22 represents the best chance, the very best chance that we have as a body to protect the classroom. Committee Substitute to Senate Bill 22 which is now, as you know amendment No. 13, is the end result of very hard and very difficult work that was accomplished by the Senate finance subcommittee for Article III as well as the finance committee. This bill flows an additional $5.3 billion in funding over the introduced budget. This money will go directly to where it is needed the most and that is into the classroom. Senator West, as you know these were not easy choices. We heard hours and hours of testimony, we faced very difficult decisions in trying to craft the final version of this bill before you today -- or this amendment before you today. It may not be perfect, I admit that it is not perfect. But it does represent the very best efforts of many members on this floor to soften the impact of reduced funding for public education. Let me be clear. Amendment 13 must pass. Without it, the additional funding that we have worked so hard to put back into the budget will never make it to the classroom. It is simply unacceptable for our local school districts to be denied the resources to keep good teachers in the classroom and to have the best instructional materials available to teach our children. Before I lay out the specifics of the bill I want to make one more very brief point. When a perfect storm finally ends, and I believe as you have heard from me before we were in the perfect storm. It brings opportunity, it is an opportunity to rededicate ourselves to the fundamental priorities. As I said from day one of this session, my priority is protecting the classroom and each one of you today has made that your priority as well. I believe it puts us on a path to creating a more stable public school finance system as we look at our target revenue hold harmless. This bill helps achieve our most difficult public education goal in the most difficult of times. Amendment No. 13 lays out a mechanism known as the hybrid model. It will flow $5.3 billion in funding above the base bill through the school finance formulas. The plan shares this economic downturn with all districts but focuses primarily on reducing target revenue hold harmless. It is a three-quarter, one-quarter split. Three-quarters are taken out of target revenue and one-quarter is taken from all districts. This approach has allowed us to meet certain important principles. We move more districts on to student centered funding formula every single year. We compress the spectrum of funding differentials between districts from around the state, and we ensure that no single district takes such a drastic cut that their operations be irreparably harmed. The Committee Substitute has the following mechanisms. For the portion of funding reduction that applies to all districts 500 million of our 2 billion yearly reduction will use a regular program allotment that reduces our regular program funding by 2 percent. The lion's share of the funding reductions $1.5 billion a year, that's $3 billion comes from reductions to districts with target revenue hold harmless. We reduce a district's hold harmless amount by an average of 6.5 percent in 2012 and 7.65 percent in 2013. If a district's target revenue exceeds formula funding by a lesser percentage, then that becomes their reduction. This legislation also defines a plan for the out years. In the next biennium full funding is restored to the regular program. The biennium after that, the basic allotment increases to $4900. In FY2017, target revenue ends completely, Senator Nichols, completely. And the basic allotment rises to $5,000. It is important to note that this legislation is a guide only. It cannot and should not be the only avenue that we look at over the next five years. It was the committee's hope that by putting an end date on target revenue that fruitful discussions could occur regarding how to reorganize school finance in the future. Other major provisions or a modification of the proration statute. Also it requires all preK programs that are funded through the foundation school program to submit student outcome data to the agency, to review their efficacy in preparing students to be school ready. It will also, I believe, help us with our 3 billion current dollars that we spend in preK to make sure that there is accountability. This accountability is not high stakes, this accountability does not subject these students to penalties, this is merely a reporting of the performance in preK and the only penalty on districts is technical assistance. We also discovered that our minimum salary schedule factors in law are wrong. TEA brought a request to us that said to ensure that we don't enforce increased salary pressures on district, we must codify the dollar amounts of the salary schedule currently in operation. In conclusion, with this legislation we not only meet our funding reduction requirement because of our economy, but we also set into motion a pathway towards a better school finance system with a decrease in target revenue hold harmless. I would personally like to thank Senator Duncan for the hard work in this regard because without your help, I'm not sure we would have gotten here. Thank you. As important during these difficult financial times, we meet our goals in a prudent manner that navigates between what I call a rock and a hard place, that of equity and that of fairness. We are hopeful that this perfect storm will soon pass, and our education system will once again flourish. Mr. President, I move adoption of floor amendment No. 13 at this time.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Shapiro. Senator Van de Putte, did you wish to speak? For what purpose do you rise?

SENATOR LETICIA VAN DE PUTTE: I rise to see if the gentle lady will yield for some questions.

LT. GOVERNOR DAVID DEWHURST: Will Senator Shapiro yield?

SENATOR FLORENCE SHAPIRO: Absolutely.

SENATOR LETICIA VAN DE PUTTE: Thank you very much, Mr. President. Thank you, Senator Shapiro. And I know that the subcommittee on public school finance and funding worked long hours and I know it was a group effort, I was able to sit in on many of those sessions with you and I would say that we find ourselves here because really of a great victory for our conferees. We wouldn't even be here if the Senate conferees had not stood firm on making sure that at least the Senate dollar value for the public school foundation program was at high. So first of all, let me say publicly on behalf -- I know I feel very strongly that when those conferees stood up and said, we will not back down, we will continue to advocate for our amount in the budget and it looks like you've succeeded. So, first of all, congratulations to Chairman Ogden and the members of the conferees who have done that. I know you've worked hard. And I just have a few questions and they're mostly about the technicalities of this simply because this is the first opportunity that we've had to debate this. So I would ask you to if you could please look at page 8 of your committee -- I mean, of the amendment and it talks about a new formula. Is the new formula is the regular program allotment which is the RPA and that's equal to the ADA, which is our average daily attendance, the AA which is the adjusted basic allotment and then something new that we have never had in school finance which is an RPAF. It's the regular program adjustment factor which is 1.0 or a different amount established by appropriation. And so all of us have always complained that the school -- public school finance formulas are so complex that it's very, very difficult for members of the legislature and the public. You have to be a guru in public school finance to figure that out. So, our new formula, it is a new finance system. We have put in a new variable which is an RPAF, the regular program adjustment factor. As I understand it in subsection C1 page 9 line six, for the next two years, that factor is going to be a 0.98. And can you explain to us, I think I know exactly why, can you explain to us -- this is a new variable, it makes it a little bit more complex that, as I understand it, that .98 is to reduce revenue by 2 percent. If you would kind of explain that so people understand. This is a brand new type of formula.

SENATOR FLORENCE SHAPIRO: That's right, and you're exactly right. That's what it is, it's to reduce everyone by 2 percent. Ultimately what that means -- there are several levers, this is so complex but there are several levers in our public school finance system and the program is one of those that is the basis for what we send to our school districts. That is the amount, then we have levers like different allotments and what the 98 percent is, that there'll be a 2 percent reduction in our program allotment. That's what reduces that program. Now, the new formula that you've just read, actually I think it really does speak to this biennium, but if you'll look on line five it very clearly says this is a regular program adjustment factor which is at 1 percent or -- and I think that's the important part, a different amount established by appropriation. So we left it in place at where it was the second year, in 98 percent in the first year, it goes to 1 percent the second year which brings back -- we're not going to reduce anything in the second biennium. So it brings it back to 1 percent and then it says that's where it will stay unless there's appropriation that changes that amount. That's the "or a different amount established by appropriations." So every year will be reviewed by the appropriation committee and the finance committee as well as the education committee to see if that changes or if that does anything. Otherwise it will stay stagnant.

SENATOR LETICIA VAN DE PUTTE: And my concern is we've always had a school finance system where we know we want to bring up the basic allotment or the basic allotment which has the guaranteed bill, the basic allotment is what drives. And my worry with keeping it at one or now it will be in there and it will fluctuate. Is it is a way to circumvent the basic allotment. Because in essence we all understand for these next two years we got to take 2 percent off.

SENATOR FLORENCE SHAPIRO: Right.

SENATOR LETICIA VAN DE PUTTE: And if we leave it in, that means that every single legislative body when they come in to do the 2013, 2015, they could leave it at one, they can say, oh, we've had more contingencies, we have to keep it at .98, we have to decrease it lower. And so our promise, I'm fearing, is that the promise of the basic allotment and us bringing up the bottom may be meaningless if we keep this factor in here. The factor becomes the new driver in the system. The factor can circumvent the basic allotment. The factor can hurt rural schools, the factor can hurt in city schools, the factor can hurt suburban schools. Now, I know the legislature is going to look at that but my fear is this becomes the new driver and no longer will we have certainty in what the basic allotment is. How do we know -- and maybe we could argue okay, somehow or another when the legislature gets back in 2013, we are going to have some rainy day fund money because we're not using it now and we're going to use it for supplemental. But we could decide I guess to increase the allotment but my fear is no longer is the basic allotment something that is the driver. How do -- why is it that we need to keep that and why won't we just after the next two years leave the factor out and --

SENATOR FLORENCE SHAPIRO: And we very well can. I think what we can do in two years when we come back is we review that exactly, that piece right there. There's nothing to prevent us from taking that out after we finish this recession. We've spoken -- the last few weeks we've been very lucky because we've been hearing a lot of good news, but when we first drafted this bill we were looking at four bills out when we were starting to see some good news again. So we left this in for that four year period, but it's also the flexible part of being able to review it. This legislature makes that decision. This doesn't change us in making that decision. It is still the legislature's decision.

SENATOR LETICIA VAN DE PUTTE: But now what I worry about is we've embedded in a school finance formula two different variables. And we know it's complex already. So you got the guarantied deal, you got the basic allotment. But now we're going to have not just the basic allotment but also a factor and depending on how that interplays, it's kind of like your effective tax rate, right? So it adds another moving part and I just wanted to make sure -- and that's my discomfort with it. It's so -- it's much simpler if we know we're dealing with a basic allotment, but I understand the reasoning and the rationale for it.

SENATOR FLORENCE SHAPIRO: Thank you.

SENATOR LETICIA VAN DE PUTTE: Could I ask you a question on page 15? And I think this is current language and I think what -- page 15 if we start with subsection H on line 20. Is this the part of the code that deals with what happens if we don't have enough money?

SENATOR FLORENCE SHAPIRO: That's correct.

SENATOR LETICIA VAN DE PUTTE: Okay. Well, let me read it. And we're not changing that. So what it says if the money that is appropriated for the foundation school program in the second year of the biennium is less than what's entitled to, so is this -- this is if we run out of money, right?

SENATOR FLORENCE SHAPIRO: Yes. That's exactly right, and this is that ugly word "proration."

SENATOR LETICIA VAN DE PUTTE: That's right. The commissioner shall certify the difference to the LBB and it would be the commissioner would have to certify that before and not later than January 1st of 2013 when we come in, correct?

SENATOR FLORENCE SHAPIRO: Correct.

SENATOR LETICIA VAN DE PUTTE: Then the LBB shall propose to the legislature that the certified amount transferred to this foundation school fund would be from the economic stabilization fund. So this says if we don't have enough money, if you go into proration, does this mean that you have to go to the Rainy Day fund? Is it just like Medicaid, if we know we're under funding it, we come back in the supplemental good. Does this mean that we actually get money for schools from a Rainy Day fund that we're not willing to do now but we're going to make sure that we got it so we can use it -- so we get to use it on the backside when we know we don't have any money. Is that what this says?

SENATOR FLORENCE SHAPIRO: Actually there's a lot of interpretation that's been floating around as to what this really says. And if you'll continue to read it, one of the big problems that we have -- and the answer to your question is yes. But if you'll continue to read this, part of the problem is if we look at current law with proration, we -- and I don't believe it, but it's absolutely true. We will change the wealth, those of the wealthiest districts will not be affected by proration because what will happen is in the first year you'll spend as much money as you need. In the second year the payment in August of 2013, which is the payment that everybody has to make, is now going to be moved to the next biennium when you use it for proration. That's the payment where the wealthy school districts send their money to the state or to other districts. So what you're doing is you're avoiding completely the wealthy school districts from having any angst or any money taken away from them during proration. So if you'll look at the next page on page the amendment we have says the total amounts due to each school district under this chapter and the total amounts necessary for each district to comply with the requirements of chapter 41, we have added chapter 41 back in so they will have to be a part of the proration discussion. Otherwise, the truth of the matter is the way current law exists, they would be out of the proration business. And that is not fair.

SENATOR LETICIA VAN DE PUTTE: And that's what I was going to ask you. I wanted to make sure because depending on where property values are, I know for Senator Wentworth and myself, we do have Alamo Heights in parts of our district, but we also have a big part of northeast, which goes into 41, goes out of 41, goes into 41 and out and there in the boundaries. So under proration, current law --

SENATOR FLORENCE SHAPIRO: Current law.

SENATOR LETICIA VAN DE PUTTE: Current law.

SENATOR FLORENCE SHAPIRO: For the new bill, which one?

SENATOR LETICIA VAN DE PUTTE: I'm just trying to give a scenario because we have a school district that will go in and out, in and out.

SENATOR FLORENCE SHAPIRO: It would be at whatever date --

SENATOR LETICIA VAN DE PUTTE: What is --

SENATOR FLORENCE SHAPIRO: The date --

SENATOR LETICIA VAN DE PUTTE: When are they considered a 41? Are they considered a 41 the first day of the first year of the biennium or are they considered a 41 at the date of the proration?

SENATOR FLORENCE SHAPIRO: I believe it's the second, not the first. I believe it's the latter not the former.

SENATOR LETICIA VAN DE PUTTE: So I want to make sure, because there are many school districts and as property taxes fluctuate, they go into the chapter 41 and then they bounce back out so --

SENATOR FLORENCE SHAPIRO: That is my understanding, when I have studied the proration formulas and the way they operate, it's my understanding, and if I stand to be corrected, I could certainly -- some guru that understands this better than I do, but that's my understanding would be the day the proration is declared by the commissioner of education.

SENATOR LETICIA VAN DE PUTTE: All right. I want to make sure I got that, the day of the proration if you're 41 at that time you get taken out.

SENATOR FLORENCE SHAPIRO: You don't get taken out. What happens is proration goes -- the August payment that you bring, that you send to the state is moved to the next biennium, so you don't -- then you don't have any money to give back and you're not in the proration statute at that time.

SENATOR LETICIA VAN DE PUTTE: And the rest of the clarification, I just want to make sure that all of the other formulas, everything else is adjusted accordingly and that's the rest of page 16.

SENATOR FLORENCE SHAPIRO: That's correct.

SENATOR LETICIA VAN DE PUTTE: And sorry for the technical questions. I knew I needed to ask for the record and Senator Wentworth's district and myself and I think Senator -- maybe not -- Senator Zaffirini now but maybe not later.

SENATOR FLORENCE SHAPIRO: I had some like that too. Dallas would be in the same situation. They fluctuate in and out.

SENATOR LETICIA VAN DE PUTTE: And with those of us with school districts of 50,000 students in and out, it's very important that we understand at what point they're considered either they're going -- I appreciate that you are correcting something to make sure that if we do go into proration that all school districts --

SENATOR FLORENCE SHAPIRO: Thank you.

SENATOR LETICIA VAN DE PUTTE: I don't have any other questions, but thank you very much.

SENATOR FLORENCE SHAPIRO: Thank you.

LT. GOVERNOR DAVID DEWHURST: Senator Davis, for what purpose do you rise?

SENATOR WENDY DAVIS: To ask some questions of the author if she'll yield.

LT. GOVERNOR DAVID DEWHURST: Will Senator Shapiro yield?

SENATOR FLORENCE SHAPIRO: I will.

SENATOR WENDY DAVIS: Thank you. I wanted to echo something Senator Van de Putte said on this. I know you worked incredibly hard on this and I know it's been a battle bringing school funding up to the level that the Senate wanted versus what the House was willing to include and all Texans truly owe you a debt of gratitude for the fight you fought to achieve what you achieved. The concerns, of course, for me and for many others linger around the fact that that's the best that we could do and linger around the fact that we've -- I think, failed to fulfill a commitment that we made back in 2006. In 2006 when we asked our school districts to compress their property tax rates, we told them that we would fill that gap, right?

SENATOR FLORENCE SHAPIRO: Right.

SENATOR WENDY DAVIS: Right. And the proposal to fill it was mostly to fill it with the margins tax which hasn't performed, and I think you would agree with that. When we started this session, the comptroller came to the finance committee and she told us that it had underperformed, the margins tax had under performed and the other mechanisms that were meant to fill that compression, the hole that was created by compression by $10 billion, correct?

SENATOR FLORENCE SHAPIRO: Yes.

SENATOR WENDY DAVIS: And so in putting the 6 billion back here, we aren't getting back to the $10 billion of under performance.

SENATOR FLORENCE SHAPIRO: That's correct.

SENATOR WENDY DAVIS: And what we're not able to do in this particular budget is fund student population growth at current spending levels for students as we did in the last biennium.

SENATOR FLORENCE SHAPIRO: Well, I think probably what we -- where we differ on this, and it's not a -- I mean, it's not a technical difference. It's an interpretation difference. I happen to believe that we took $3.2 billion of stimulus money and artfully put it into our system. We knew it was one time money and the 4 billion that we keep talking about I happen to interpret that as stimulus money that shouldn't have gone in there in the first place. So taking it out, I happen to believe, is part of the problem -- I mean, part of the issue here. I do agree that we have new student growth and I do agree that we have property values that we are not necessarily -- with that $4 billion you would be using that, but you would also be using it if you continued with that stimulus money which, of course, we're not doing. So it just depends on your perspective so to speak.

SENATOR WENDY DAVIS: I understand that, but I'll tell you the perspective that I bring to that is back in the last session when that stimulus money was put into public education, what it did was it sort of forestalled our understanding of what that real hole was. It wasn't what created the hole, in fact going back again to what the comptroller said at the beginning of this session, the margins tax and other tax revenue mechanisms that were meant to full the hole that was created by virtue of creating the property tax rate failed to do that by $10 billion for this session regardless of whether we'd had stimulus money last session. It might have shown up earlier last session if we hadn't had the stimulus money.

SENATOR FLORENCE SHAPIRO: Right. I think it's also important to look at, as we looked at the margins tax, we anticipated certain things based on a stable committee and when you have a teetering economy as we've had, a lot of those projections do not hold true.

SENATOR WENDY DAVIS: Well, even back then though I think we would all agree if you go back and you look at each biennium after that bill was made even in a thriving economy, it still was under performance. The margins tax from the very beginning wasn't performing in the way that we hoped it would perform.

SENATOR FLORENCE SHAPIRO: Well, that would have been just one biennium actually. It wasn't that much time in between from the time we implemented it from the time the economy started to tank was about two years.

SENATOR WENDY DAVIS: Well, we've had, you know, it's been five years --

SENATOR FLORENCE SHAPIRO: Four years.

SENATOR WENDY DAVIS: And last session what I recall is we actually started out with our budget, our comptroller had underestimated what property valuation growth would be and she had overestimated what student population growth was going to be. We actually started with $1.8 billion more for public school funding than we anticipated we would and then at the outset our Chair of finance said, we're going to set this $1.8 billion aside and we're going to use it to fund public schools and when that stimulus money came down, that $1.8 billion moved out of school funding. It moved into our general revenue budget, and it was used for other purposes. I just want to make sure that we clarify that $3.2 billion that came down to stimulus actually wound up subplanting some money that was already sitting there through property tax evaluation growth and student growth and of 1.8 million.

SENATOR FLORENCE SHAPIRO: That's your interpretation of the dollars. That's not mine.

SENATOR WENDY DAVIS: Yeah, that's my interpretation. I will agree with you there. Going to the questions that Senator Van de Putte was asking, I too am concerned about this new piece of the formula that we have, the regular program adjustment factor and I'll share with you my concern, it's the flexibility of changing that factor. According to this, as you read very clearly, it will be set at 1.00 or a different amount established by appropriation and I think I am speaking for a larger number of concerns when I say that it may be awfully easy, it may be easier than it is now, obviously changing the school funding formula has been a challenge, correct? It may provide too much ease in how that's changed because it can be changed by appropriation now. That 1.00 can move to .98 or it can move to .92 fairly easily without the same kind of rigger of discussion and debate necessarily that's been had in terms of how we've had to change this entire school funding formula that's been the process by which SB22, now the floor amendment No. 13 was created. On the target revenue, you explained that at the outset, and I know that Senator Deuell worked very hard in terms of how to phase that out. I am concerned that as we're making cuts, we have had under this plan, we've made cuts at the bottom. We've made cuts for those school districts that are currently receiving the least and we haven't done away with hold harmless, and I don't think hold harmless was ever meant to be a permanent situation. Why did we make a decision from the outset not to just start off with removing hold harmless and then looking at what the formula could look like from there?

SENATOR FLORENCE SHAPIRO: Well, two things obviously come into play. The first thing I think we always have to remember is this was a budget based on a recession. This was never a budget for public education that was based on equity. There's a time and a place for an equity discussion and believe me in the 18 years I've been here we've had many, many of these. This was truly to get us through a two year recession, hopefully not more, but we do have that potential that it could be four years before we can get our feet back on the ground. Basically when you take that as the premise of what we're doing, and that was always my premise, you don't want to go in with the idea in mind that you're going to slash and burn. Some of these school districts, when we looked at the runs and that was the first group of runs that we looked at in the subcommittee. There were some school districts if you just stopped target revenue immediately after this two years, they would lose a thousand to $1200 per student. Dallas Independent School District is one example. Eleven to $1200 per student if you just cut off target revenue. So we kept talking about it in terms of soften the blow, don't do it to where it is so harmful to a school district, they can't survive. Senator Duncan in many of our discussions talked about revenue, hold harmless, we have discussed hold harmless forever and we constantly put a system in place that just continues it ad nauseam and we recognized it this time and we said, no, we can't continue to do this. This is the time to end it, and that's why we put at the back end the year 2017 as a drop dead date. Target revenue will no longer be in existence, and we've got this time to figure out how we get there.

SENATOR WENDY DAVIS: And that's a very real concern I think for many school districts, how will we get there. And I think the fear for us is that we'll arrive at 2017, the basic allotment for those at the bottom level and, as you know, some of our school districts are disproportionately -- they're receiving far less than some of our other school districts are. When we make cuts across the board, and I did hear what you said that three-quarters of those were from that top level and a quarter of it really coming up from the bottom, and I think that was a very good approach given what you were -- the constraints that you were dealing with. But if we push off to 2017, the idea that we're going to fix target revenue then and we're going to figure out between now and then how we're going to do it, I think it may be fair to say because the legislature's had this conversation before, we've talked about ending hold harmless. In fact, when hold harmless was first created with the new funding mechanism there was at that time the conversation that that was not going to be a forever deal. This was a commitment that it wouldn't be a forever deal and for those school districts that are at the bottom that are still at the bottom, they hoped that that was still going to be realized. What will we say to them to assure them that putting this off to 2017 should give them some assurance that that's actually going to happen?

SENATOR FLORENCE SHAPIRO: Well, I think part of the problem is always going to be the accredibility piece. We come in every two years, we do everything we can to make sure that public school finance is appropriated in the appropriate manner. What happens I believe is there's going to be an amendment that I will accept that does say that every two years when we come into session, the finance committee as well as the legislature should look specifically at how we lower target revenue and we put more money into the basic allotment. There is nothing that we can do short of new money that's going to help us bring our basic allotment up. That's what it takes. Basic allotment, the only way for basic allotment to come up and if new money comes in and if the target revenue piece is sending that money into the basic allotment at the end of this year, at this time we had to use it for cuts but we'll be using that target revenue hold harmless too as we cut it through these years to put it back in the basic allotment and keep it rising. So in this bill it says that in 2015, I think it's 2015, the basic allotment will go up to 4900; and 2017 the basic allotment will be at 5,000. Those will all come from those districts who have lost their total revenue hold harmless and they're putting it back into the system.

SENATOR WENDY DAVIS: And finally I want to ask a broad question. Why are we doing this, why are we adopting the new funding formula that you represented through this amendment?

SENATOR FLORENCE SHAPIRO: Why are we doing it today or why are we doing it this way?

SENATOR WENDY DAVIS: Why are we adopting a new funding formula at all?

SENATOR FLORENCE SHAPIRO: Well, we're adopting it to make -- to satisfy the needs to put money in our school districts. We don't have the money today to flow money at the rate it's been -- flowing today to our school districts. So we knew we were going to have to do cuts and we had to have a mechanism to distribute the money. This is the distribution. All the times that we've talked about the 5.7 billion that we were absolutely committed to, that's just a budget amount. In order to get that money flowing to the schools you need a distribution mechanism and that's what this is, a distribution mechanism.

SENATOR WENDY DAVIS: And really what we needed was a distribution mechanism to deal with a flow of fewer dollars per student than we spent in the last biennium.

SENATOR FLORENCE SHAPIRO: That's correct.

SENATOR WENDY DAVIS: And my concern about that, Senator Shapiro, and I know you understand this, and I think the concern of so many other members on the floor is that when we've created this new distribution model to deal with the fact that we've had fewer dollars per student than we had previously, we are going to set in stone a change. We are going to move forward in a way that says to our school districts, our answer to you in terms of solving the structural deficit that was created in '06 when the property tax compression rate was decreased and no adequate funding mechanism was created in order to fill that hole, we can't answer that responsibility. And as a consequence of that, we're going to change the methodology by which we fund you. My fear about doing that, and I think the fear of many of our school districts is that what we're saying is, we're going to step away from our responsibility to ever return to the question of filling that hole back up because we've now redefined what the funding level should be and therefore the hole doesn't exist anymore.

SENATOR FLORENCE SHAPIRO: And with all due respect, Senator Davis, that has never been the intent. The intent is to get us through this two year period as times get better and as money comes in to flow into public education. We will have that money back. It will take us a little bit longer maybe, but it will come back. And during good times when we got the franchise tax or the margins tax working and clicking the way it should and our economy is back and our property taxes start to rise and all of those factors that are now compressed start to come back, the sooner the better as far as we're concerned, our system will thrive again and those dollars will come back. We're just not arbitrarily figuring out when that date is. We're saying we believe it will happen.

SENATOR WENDY DAVIS: And I understand that and I know you personally are very committed to that and you don't say that in any way that's hollow. I completely understand that. My concern is there's nothing in this formula that requires that that happen because we've redefined the way we're going to fund and, yes, we can rely on the good intentions of future legislators to change that definition and fund it to a greater amount. But we're not sunsetting this, we're not saying we're only going to have this formula in place for two years. And my fear is that even as the economic outlook improves, there's nothing that's going to necessitate a recommitment to increasing the funding to our school systems. And my concern is that that promise made in 2006 which was never fulfilled now has even less of a chance of being fulfilled than if we'd remained with the current funding formula, turn to Rainy Day funds if we had to in 2013, when we weren't able to fund under the formula so that we were forced literally, forcing ourselves to figure out a way to have a long-term fix to the problem rather than creating a solution that helps to get us through today. I don't think we've done what we need to do to move us to that place tomorrow, with all due respect. And that's why I won't be able to support this but I do respect the work that you've done on it. Thank you for answering my questions.

SENATOR FLORENCE SHAPIRO: Thank you.

LT. GOVERNOR DAVID DEWHURST: Senator Lucio, for what purpose to you rise?

SENATOR EDDIE LUCIO: Will Senator Shapiro yield, please?

LT. GOVERNOR DAVID DEWHURST: Will Senator Shapiro yield?

SENATOR FLORENCE SHAPIRO: Yes.

SENATOR EDDIE LUCIO: I have to start by saying just knowing you is a blessing for me.

SENATOR FLORENCE SHAPIRO: You're too nice, thank you.

SENATOR EDDIE LUCIO: You've honored us in my district, and I've had an opportunity publicly to tell people the type of leadership that you have shown in this particular subject matter that's so important to my district and other districts around the state and I was kind of thrilled when Senator Ogden, Chairman Ogden, appointed me to the subcommittee to work with me. I can truthfully say that I've probably learned more about public education this session than I had in all the sessions put together because I never served in that committee, in your committee and it's just -- I feel very good about our relationship, our working relationship and what we tried to do together. So I too find it very difficult, Senator, because in my heart as a friend you're the greatest and though you know my opposition to this amendment and what we're doing, but instead of talking about how I feel, very briefly and I am not going to be long winded on this amendment, I rather take a moment to share how a couple of Texans feel about this amendment. A man wrote me from Denton, Texas. And I quote him, "I lost my teaching job today which I have had for the last five years. My wife works for a state agency and she may lose her job as well. We would have no reason to stay in Texas if this happens. I do not want for my 4-year-old son to school in a state that did not value an education" quote, unquote. According to one of my constituents and I quote him, "This year's saying for Texas Public School Week was, was education, it's bigger here." So we educators, and you know I am an educator by profession. We ask which is bigger, which is bigger? Our debt to our students or our commitment to our students. And another letter I got was from a man from Falls City, Texas who wrote quote, "I am a very strong proud man, yet I lie awake every night feeling like my insides are being ripped from me and I just want to cry. I hope and pray and get on my knees and beg that our state government will be able to save the teachers," unquote. I just feel because of this and because -- I feel in my heart we can do better with the help of the other chamber, of course, we could do better that we're passing -- it's unacceptable that we're passing a school finance bill that legitimizes the cuts we're making to education. I really don't know, Senator Shapiro, how those cuts are going to impact my district. And you know how we value public education, but you know my position and I simply wanted to introduce to you a few of our constituents. Yes, we are putting, I agree with you, more money in public education with this amendment than House Bill 1 but not more money than current law. And my concern is, I've always shared it with you individually and collectively when we caucus, is that this is a Senate Bill and it has to go through the process and I realize that during that process, there won't be -- there would be a few people not like you and William Hart and wanting to make sure we do everything possible for our children. And when this bill comes back, I don't think you'll concur. If they don't agree with you, I hope you don't, but even so, when it goes to conference, I pray, I truly pray that hopefully that will have a change of heart and agree with you because that's really Senators that have spoken before me feel as I do that you're trying your best and I give you a lot of credit for that. I do too have some amendments and I'll speak on specifics. You might not accept those amendments, I hope you do because I think we can make this bill even better. So I thank you for your hard work and I am again blessed to have sat along you, Senator Duncan, Senator West, you and others to your left in our quest to try to find solutions to one of the most important issues in public education. Thank you.

LT. GOVERNOR DAVID DEWHURST: Members, the following amendment, floor amendment number -- excuse me, Senator Patrick, for what purpose?

SENATOR DAN PATRICK: Question of the author.

LT. GOVERNOR DAVID DEWHURST: Will Senator Shapiro yield?

SENATOR FLORENCE SHAPIRO: Yes, I will.

SENATOR DAN PATRICK: Senator, once again thank you for this work. This is a school finance bill that many people did not think could get done in a year where we had a budget overshadowing the entire session and while probably all 31 Senators would wish for a little bit more of this, a little bit less of that, while every Senator will have some districts that will have some winners and some losers, we are beginning the process to bring us to where most school districts think we should be and that's back on our formula. So I appreciate and it's been a pleasure serving with you these past six months, it's been a bipartisan effort. We have some people who are voting against the bill helped to craft this.

SENATOR FLORENCE SHAPIRO: That's right.

SENATOR DAN PATRICK: I have a question about preK, because we made some changes in that area and I know I have some school districts who are watching right now, I'm sure, and other districts, what about we're doing with preK, so would you kind of lay out -- instead of me reading through it on line four -- I mean, on page 4, let me just let you walk through it and that's probably in the saving time take us through the steps.

SENATOR FLORENCE SHAPIRO: One of the things that we noticed and recognized very quickly was that we didn't have the money to continue with our preK grant programs and when we looked at the $3 billion, $3 billion that we currently spend in the foundation school program for -- and federal money for Head Start, we realized there was no accountability in that money, that we use gave the money to schools and we let them do their program and we had no accountability. So we said we know that there are models out there that can give us more accountability and that we can then monitor those students when they're in the kindergarten, first grade, second grade and say that program worked. They have really gotten their money value for that program, it's not just a matter of letting them get in a classroom and watch TV, which so many attested to. So what we tried to do was create a program that put some of these criteria into your commitment to preK, our current commitment and what we said was there are other programs, school districts that already have those and so we're going to let those that qualify opt out of this. And one of them just happens to be, Senator Patrick, one of your school districts that I know you're very proud of, and I am as well. They have a marvelous program.

SENATOR DAN PATRICK: Spring Branch.

SENATOR FLORENCE SHAPIRO: That's right, Spring Branch. And I know you're probably thinking they're watching today. I know that. And so what we're going to do here is we're going to take those role model programs, we are going to implement them and we're going to do it not by punishing a preK program that's not working but by bringing them a technical assistance to help them bring the level of expertise for those preK so we know every one of these those students in our preK program, every single one of them will be ready for school. That's the key element we're looking for. Are they ready to start school and that's what this is all about.

SENATOR DAN PATRICK: And it says here the commissioner may waive participation, the certification system for a successful district whose preK program otherwise demonstrates effectiveness at preparing students.

SENATOR FLORENCE SHAPIRO: That's correct.

SENATOR DAN PATRICK: For kindergarten.

SENATOR FLORENCE SHAPIRO: That's correct. And I also have an amendment that I am going to offer up as well that says that we do have a startup amount of money in here and we're going to say that those districts that qualify under this exemption do not have to participate in that and that qualifier of money is just for the first two years and it will be based on per student and then it drops off, there's no collection of any dollars after the first two years.

SENATOR DAN PATRICK: And once again it's not everything everyone wants.

SENATOR FLORENCE SHAPIRO: That's right.

SENATOR DAN PATRICK: As you've done and as I've done in the various committees I've lost track of for education committees we're on and what idea comes from where but we have taken lots of ideas from lots of people, it's a big state with almost 5 million students, and big school districts and 31 Senators and I appreciate your openness and willing to accept those ideas not just from my districts but the other 29 districts, except your own, and as you know, and you're chairman of the committee and I serve as vice Chair, our districts there's shared pain everywhere, but at the end of the day we're moving in the right direction. And a lot of those teachers -- would you agree that a lot of the teachers who were given pink slips around the state are now going to have an opportunity if we go all the way through to be rehired?

SENATOR FLORENCE SHAPIRO: Absolutely. I am most hopeful of that. Absolutely. Because the cuts will be much less than what the school districts anticipated at the beginning of the 45 day renewal program, so I'm very hopeful. In fact. If you've watched TV the last few weeks and lots of school districts have been talking about bringing teachers back in and having cuts in a different way, having less of an effect because they're hoping that they'll put more money in, we'll put more money into the system.

SENATOR DAN PATRICK: Yeah. And I think there'll be some -- and some will not come back and some will be by choice of the school district that they choose not to have those teachers back, but some will be those that they hired with stimulus dollars that are no longer available and should have been hired on short-term money. But I believe most of the teachers or many of the teachers will be coming back depending on the district, and I also believe through this process as you said we have districts from a low side are getting a three to 4 percent cut, on the high side of 8 percent cut. That they can live within those boundaries, we are in a new norm, and everyone is learning to live with less. So cutting $4 million to get us to target to formulas and dealing with the growth we have in this state just since the last session, I don't have feel badly at all asking school districts to tighten their belt and live within their means and focus on the classroom. And I think a lot of superintendents -- frankly, a lot of school districts have been doing that the last couple of years, in some cases the last couple of months and I think our school districts are also going to be more efficient at the end of the day. So thank you for talk about the preK and thank you for your work on that.

SENATOR FLORENCE SHAPIRO: Senator Patrick, you've been an integral part on this discussion and I just want to thank you. I appreciate your input all the time.

LT. GOVERNOR DAVID DEWHURST: The Chair lays out floor amendment No. 14 by Senator Shapiro which is an amendment to floor amendment 13. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 4 amending floor amendment No. 13 by Shapiro.

SENATOR FLORENCE SHAPIRO: I'm sorry, I have two, which one is numbered.

LT. GOVERNOR DAVID DEWHURST: The amendment in front of us that I have, floor amendment No. 14, the third line says strike section line .03 of the amendment amending section 403 of the education code page two line -- it is a five page amendment, a five page amendment.

SENATOR FLORENCE SHAPIRO: Okay. Members, this is the amendment that I told you about earlier that came to us from TEA. While we were in subcommittee TEA alerted the members that current faculty salary in statute was reported back and would inadvertently drive an increase in the minimum salaries, increasing cost pressures on districts. To address this concern we instituted a minimum salary schedule based on the dollar amount according to the commissioner and asked him to report back to us in the next session with suggestions on how the salary schedule would operate. This amendment actually came to us from the teacher groups, what they would like for us to do is to delete the current salaries factors that cause the concerns and this amendment would set the salary schedule at the greater amount of either the dollar amount scheduled or schedule that multiplies factors on the basic allotment. The factors are designed that the basic allotment which is at $5,000 which is in the year 2017, the factors would replicate the dollar amount scheduled. Basically what this does is rather than have it in percentages, it puts it back into dollar amounts in 2017. I move adoption of the amendment to the amendment, which makes it amendment No. 14.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Shapiro. Members, you've heard the motion by Senator Shapiro. The Chair recognizes Senator Ogden on floor amendment 14. You heard the motions by Senator Shapiro, is there objection from any member? Chair hears no objection from any member and floor amendment No. 14 is adopted. Chair lays out floor amendment No. 15 by Senator Shapiro, secretary will read the amendment.

PATSY SPAW: Floor amendment 15 amending floor amendment 13 by Shapiro.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Shapiro on floor amendment 15.

SENATOR FLORENCE SHAPIRO: Yes, thank you, Mr. President and members. This was part of the dialogue I just had with Senator Patrick. This amendment cleans up the preK set asides in the bill. The bill currently allows for the next two years for the commissioner to set aside a portion of the FSP funding or pay for the certification of districts' preK program. This amendment does three things. It provides that a set aside is only to be taken in the second year of the biennium, it also applies that the set aside equally will go across all school districts including target revenue districts as well as formula districts and it also says that it only allows for a set aside to be taken from districts that participate in the certification system. I move adoption of floor amendment No. 15.

LT. GOVERNOR DAVID DEWHURST: Senator Van de Putte, for what purpose do you rise?

SENATOR LETICIA VAN DE PUTTE: Will the gentle lady yield for a question?

LT. GOVERNOR DAVID DEWHURST: Will Senator Shapiro yield?

SENATOR LETICIA VAN DE PUTTE: Thank you, and thank you, Senator. I just wanted to make sure for clarification when the commissioner may also uphold a revenue amount to which the school district is otherwise entitled, this school district in the state pay the comparable amount of the cost of participation the subsection expires. My question is with regard to preK allotment, we have seven school districts that are military school districts and totally confined within the military base and since we also in our code that active duty military guard and reserve and have their children qualify for preK, what is the effect of those military school districts with the comparable amount given the fact that a hundred percent of their students qualify since they are only the children of active duty military personnel?

SENATOR FLORENCE SHAPIRO: Are they current -- and I'm not as familiar with that particular ailment. But if they are students that get the basic allotment, they get the foundation school -- I'm sorry, the foundation school program money, I think we spend $3,250 per student in our FSP for our preK students. If they are in that foundation school program allotment, then the money will come from that, I believe it's $34 a student.

SENATOR LETICIA VAN DE PUTTE: They do get some but our military school districts, as you know, have a funding source that's very, very different. It has a military aid so instead of our local school districts that are -- the majority of them have two funding sources, of course the state and property tax.

SENATOR FLORENCE SHAPIRO: It would just come from the state, it would just be a part of the funding that the state gives it. It would come out of the amount given. It's not $3,250. If it's a thousand dollars, whatever the number is $34, $32 will come out for this certification.

SENATOR LETICIA VAN DE PUTTE: Okay. And the reason that I wanted to ask is under your school formula it's not just the preK but it's the military districts, they don't have local property, that's in lieu of local property tax. The federal government through the Department of Defense has the amount that it gives to their school districts that make up for what would normally be property taxes. With the Federal Deficit Reduction Act and with the new federal guidelines that they're going to be reducing, I wanted to make sure just to get on the record it's not going to be the intent that either in your bill or with this amendment, because our military school districts are funded in such a different manner, that this would not -- this is just to equalize and the fee comes out but in no way would endanger them because they don't have -- they have a smaller allotment because the military pays in part.

SENATOR FLORENCE SHAPIRO: It would in no way endanger the military money.

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

LT. GOVERNOR DAVID DEWHURST: Members, you have heard the motion by Senator Shapiro, is there objection from any member? Chair hears no objection from any member and floor amendment No. 15 which amends floor amendment 13 is adopted. The Chair lays out floor amendment No. 16 by Senator Deuell. The secretary will read the amendment.

PATSY SPAW: Floor amendment No. 16 by Deuell amending floor amendment No. 13.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Deuell on floor amendment 16.

SENATOR BOB DEUELL: Thank you, Mr. President and members. This amendment is designed to fix and get rid of target revenue, something that is that created in equity within our school system. Before I explain the amendment, I would like to read from the foundation school program book by the Legislative Budget Board. "Fiscal neutrality commonly referred to as equity entails a public school finance system that provides for substantially equal access to similar revenue pursuit at similar tax effort considering all state and local tax revenues of districts after acknowledging all legitimate student and district cost differences." They go on to say "The equity of the public school finance system as measured by the analysis presented here has declined since the implementation of the related statutory provisions of the 2006 legislation." They go on to say "The effect of the base year revenue target and the hold harmless funds that flowed from it was to override the equity gain in the formula structure and lock in the inequities that existed in the system to those base years. Other inequities have a larger impact." Members, I voted as many of you did for the school refinance in 2006, we knew there were inequities and we were supposed to fix them but we haven't and the budget shortfall that we've had this year has created other difficulties, but I want to explain about this amendment. This was an agreed to amendment to the Committee Substitute to Senate Bill 22. I voted against the bill coming out of committee because of the inequities and then offered to vote to suspend it on the floor if we could work out an amendment that would set a mechanism to get rid of target revenue, target revenue is, as you heard, from previous discussions that I won't repeat, there is something in here to get rid of it but there is no mechanism. And the general consensus I think probably unanimously everybody thinks we need to get rid of target revenue and Committee Substitute to Senate Bill 22 started that debate. I first proposed this amendment to phase out target revenue after the 2012, 2013 biennium over a period of four years. Many thought that that was too fast. Of the many, many districts in the state that benefited from this target revenue hold harmless a plan -- they get used to spending the money. I served on a school board and I understand that. But many, many more school districts affecting the majority of children in Texas are under funded. They're not getting the inequities, and I'm going to read inequities from each Senate district in a minute. But in respect to the Senators which have districts that were over funded, I'll use that term, we needed a longer phase out of six years. But we wanted to bring the lower funded districts up in a shorter amount of time. So what we did with this amendment was we added money to the 2.4 billion, 1.6 billion, 800 million in the next biennium and 800 million in the biennium after that to speed up the process. We accelerated the basic allotment. Members, the amendment before you accomplishes the following: It reduces the hold harmless by one-sixth of each year school year, 14 to fiscal year 19, savings achieved by funding the hold harmless are funneled into the basic allotment. It directs new money into the system a total of 1.6 billion as I said the amount returned to the system by Committee Substitute 22 with fiscal years 2014 and 2017. This action will actually bring current law to spending and fiscal year 17. I want to take the time to read to you inequities within our system in the various school districts. Senate district one, Senator Eltife, your lowest district is $3,926; your highest district is $6,981. In my district, Senate district two, the lowest school district is funded at $4,576, the highest at $6,261. Senator Nichols, Senate district three, the lowest is $4,47- (inaudible), the highest district is $7,367. Senator Williams, Senate district 4, the lowest district is $4,615, the highest district is $7,064. Senator Ogden, the lowest district, Senate district five your lowest school district is $4,694, and the highest is $8,646. Senator Gallegos, Senate district two, the lowest district is $4,890, the highest district is 5,668. Senate district seven, Senator Patrick, the lowest district is $4,772; the highest district is 6,024. Senator Shapiro, Senate district eight, the lowest district is 5,194; the highest is 7,418. Senator Harris, Senator district nine, the lowest district is $4,836; the highest district is $5,706. Senator Davis, senate district ten, the lowest district is $4,797; the highest district is $6,880. Senator Jackson, Senate district 11, the lowest district is $4,863; the highest district is $5,984. Senator Nelson, Senate district 12, the lowest district is $4,770; highest district is $7,050. Senator Ellis, Senate district 13, the lowest district is $4,890; the highest district is $5,292. Senator Watson, Senate district 14, the lowest district is $5,102, the highest is $6,282. Senator Whitmire, Senate district 15, the lowest district is $4,887, the highest is $6,459. Senator Carona, Senate district 16, the lowest district is $4,780; the highest is $5,856. Senator Huffman, Senate district 17, the lowest district is $4,804, the highest district is $6,876. Senator Hegar, Senate district 18, the lowest is $4,410; the highest district is $7,935. Senate district 19, Senator Uresti, the lowest district is $3,331. The highest district, members, is $12,400. There's a $9,000 district in those two school districts. Senator Hinojosa, Senate district 20, the low district is 4,678, the high district is 9,548. Senator Zaffirini, Senate district 21, your lowest district is $3,732, your highest district is $10,908. Nearly a $7,000 difference. Senator Birdwell, Senate district 22, the lowest district is $4,118; the highest district is $7,750. Senator West, Senate district 23, the lowest district is $4,884; highest district is 5,430. Senator Fraser, Senate district 24, the lowest district is $3,896, the highest district is $6,864. Senator Wentworth, Senate district 23, the lowest district is $4,426, the highest district is $6,109. Senator Van de Putte, Senate district 26, the lowest is $3,759, the highest is 5,573. Senator Lucio, Senate district 27, $4,304 for your lowest district, $7,321 for your highest. Senator Duncan, Senate district 28, your lowest is 4,390, your highest is $12,979. Senator Rodriguez, Senate district 29, your lowest district is $4,614, your highest is 5,083. Senator Estes, your low district is $4,425, your high is 7,488. Senator Seliger, your low district is 4,432, your highest is 12,387. Members, that's why we need to get rid of target revenue. Now, I understand the money has been short and this easy solution would have been to raise up the low target revenue schools and then ease the others down with money which we didn't have. However, we do have the Rainy Day fund, for the life of me I cannot understand why we would not use that to help equalize this system. There are vast disparities in district funding as you just heard. We implemented this as a temporary finance method. It froze old inequities in place making them perpetual and they got worse, it created new equities, for example, the districts' property value go up more than another district's. The system before target revenue was based on prior year values so districts benefited from increased property values for one years defend that benefit was taken away the following year. Target revenue blocked in situations like this. Districts are not funded based on cost and in turn state and local taxpayer dollars are not being utilized efficiently. Members, I could go on and I won't in the interest of time, but I do want to read a letter that Senator Shapiro received from my superintendent in Greenville and I won't read the whole letter but he says, "Now when I hear that your support for a 5 percent across the board cut in school funding, I'm greatly discouraged. I have attached a chart that compares Greenville ISD 4800 students and one of my neighboring school districts Lovejoy ISD 3500 school districts, which I believe is Senator Shapiro's district with regard to state funding. The chart clearly shows that Lovejoy received over $2400 more per student than Greenville. With that type of funding they enjoy additional staff and programs that we could not even dream about. For example, they have six curriculum specialists, and we have none. I do have two curriculum directors. However, their curriculum department is almost as large as my administrative staff. So when we cut 5 percent that will directly impact students and teachers. When districts like Lovejoy cut five percent, it will have less district impact on their students and teachers. I do not blame Lovejoy, I blame the system that tells our parent that their children are worth over $2400 less than the children in Lovejoy. You have it in your power to lead and make changes in this inequitable system on behalf of underfunded and disadvantaged students across the state. Please exercise this leadership." Members, I'm going to pull this amendment I'm not sure that I would have the votes or not, I hope they would but I am going to pull it because I promised Senator Ogden that I would, but I'm deeply disappointed that I worked on an agreed to amendment, I'm disappointed that I had the votes to bring up Committee Substitute to Senate Bill 22 and it didn't come up and it's placed on this. Thank you for your time.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Senator Davis, for what purpose do you rise?

SENATOR WENDY DAVIS: Mr. President, it may not be pertinent for me to ask a question now that Senator Deuell has pulled his amendment but I do want to comment Senator Deuell. I agree with you and I know a number of members on this floor agree with you that that is the direction we need to take and it truly is the case that we intend to fulfill our commitment to target revenue rather than saying we're going to deal a small -- in a small way with that right now and then in 2017 we promise we'll take care of it. I think your proposal was a very good one, a one that truly did try to help us get back to an equitable system. One question that I had was you read all those numbers off for each of our districts and they were vastly different. But between the very lowest district in Texas, the lowest one in Texas and the highest, what's the lowest and what's the highest?

SENATOR BOB DEUELL: I don't remember off the top of my head but it was I think 3800 was the lowest and 12,000 or 13,000 -- and I might add, Senator Davis, if you look at tax effort, with these schools that the schools getting the lowest funding are in target revenue seem to be the ones that are taxing up at a dollar 17 and the districts that are funded higher under this system are the ones that are funding -- if you look at the top 100, they're taxing at a dollar on average. If you look at the lower 100, they're taxing at 1.16. Another inequity to this system.

SENATOR WENDY DAVIS: And an excellent point, Senator Deuell. What we're looking at is almost eight to $9,000 difference between some of our lowest funded school districts and our highest and for those lowest funded, as you point out, their tax rate is even greater because they're doing everything they can to try to make up the difference between what they aren't receiving from the state and what they can't collect because their property value situations are lower in their communities. I think you have done a beautiful job of pointing out what's broken about school funding in the state of Texas and why it so desperately needs to be fixed. And I applaud you for the work that you did.

SENATOR BOB DEUELL: Thank you. And I want to point out one more -- in my district the lowest district is 4500 and the highest is 6,000 and I received an e-mail from the superintendent of the highest funded school district who knew I was proposing to do this and what he said was, this is going to hurt our district but what you're doing is fair and represents a great majority of the districts in your district and I appreciate that. So here's a superintendent that would take a cut but he realizes this system is unfair. And I certainly hope that if I am lucky enough to be back here in two years that we can fix this and get rid of it. Thank you, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Senator Nichols, for what purpose do you rise?

SENATOR ROBERT NICHOLS: I was going to ask Senator Deuell a question.

LT. GOVERNOR DAVID DEWHURST: Will Senator Deuell yield?

SENATOR BOB DEUELL: I guess I need to ask you to put my amendment back up even though we're not going to vote on it.

SENATOR ROBERT NICHOLS: First of all, I didn't realize it was officially pulled down yet, I thought we were still discussing it.

SENATOR BOB DEUELL: Well, I thought I had --

SENATOR ROBERT NICHOLS: I think you said it, but I don't think he did. Let me just say this. I know that our districts are somewhat similar, they're very close meaning that schools that are on the short end of the stick are in my district as well as yours and it's something -- it's extremely difficult for me to explain why some get a lot more and some don't. It is unfair, my predecessor has struggled with this issue before me. He referred to it as a child should not get differences in education because of their ZIP code. That is how we have chosen to do it in Texas. I strongly objected to it. I do agree with your amendment and your attempts to try to fix it. I certainly will be voting with you if you wanted me to, but I think as you said, there isn't the votes to get it done, and I think the direction we're going is the best we're going to be able to get this session. So I want to thank you very much for the work you've done.

SENATOR BOB DEUELL: Thank you, Senator Nichols. And I might add, Senator Duncan and Senator Seliger, there are many Senators in this room I think you can see from what I read out, that have these inequities. And, members, I'm going to pull it down out of respect for the chairman but we really can fix this and set in a mechanism and Senator Duncan's going to bring an amendment in place of this. But all it says is that we're going to consider -- we've considered it in '09 and we've considered it and the Committee Substitute to Senate Bill 22 does go somewhat towards that direction but we could do a lot better and I think the school children of the state of Texas deserve better, I think our teachers and superintendents deserve better. Unless there's other questions I'll pull it down.

LT. GOVERNOR DAVID DEWHURST: Senator Gallegos, for what purpose do you rise, sir?

SENATOR MARIO GALLEGOS: Mr. President, I move that Senator Deuell's remarks be reduced to writing and placed in the journal.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Gallegos. Is there objection from any member? The Chair hears no objection and the motion is adopted. The Chair lays out the following floor amendment No. 17 by Senator Deuell, Senator Seliger -- I'm sorry, by Senator Duncan, Senator Deuell and Senator Seliger. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 17 by Duncan et al. amending floor amendment No. 13.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Duncan on amendment No. 17 which is an amendment to floor amendment 13.

SENATOR ROBERT DUNCAN: Thank you, Mr. President and members. As we were talking through how to solve this problem and I'll try to explain how this amendment works and the amendment that Senator Shapiro has placed before the body which is formally called Senate Bill 22 we came up with a model about how to phase out target revenue over a period of two -- by the 84th session, by September 1st of 2016. We call it the hybrid model because the way the model works is it reduces target revenue and brings down those that are receiving the target revenue hold harmless but puts more money in the basic allotment to bring up those who are at the bottom of the -- are receiving less money than those at the top of the revenue spectrum. The -- we put an amendment on in committee that repeals target revenue on September 1st, 2016. An absolute repeal. I know -- I and a lot of others and Senator Shapiro and others we don't want to get out of this session without ending target revenue. The problem is that target revenue has gone on and as property values fluctuate and go up, the gap between those at the bottom, as Senator Deuell so eloquently laid out, and those at the top and even between is so very great and it's gotten so great that the amount of money necessary to bring everybody together is more than we can afford even in a good time. And so the notion was is that the cuts -- especially in school districts in the larger districts like Dallas and Houston and I think Austin in particular where their target revenues are high because their property values are high whenever we did this in 2005, the hit was just too great especially in those types of cities where there is a significant cost to educating school districts, especially in denser populations. So we basically decided at that point in time that we would repeal target revenue but deal with this on a regular basis in each session depending on how much money we had. The problem is the bill didn't have anything in it but after this biennium, so there was nothing in the statute that directed the legislature to do another reduction in target revenue in the next biennium. Senator Deuell's amendment was cleverly drawn and I think very artfully drawn to be able to put everybody on a specific prescriptive schedule to reduce target revenue and that's good on paper but the problem with it would be that we don't know how much money we're going to have, how we would be able to reassess that money in order to -- how much we could lower target revenue and how much we could raise the basic allotment to bring those at the bottom up. I liked his amendment because it was a clear, prescriptive way and would have forced us to make decisions depending -- no matter how much money we had to do it. If we had more money, we can reduce target revenue, the target revenue gap a lot quicker or more quickly than we can if we don't have money. Because when we don't have money we just simply cut those with a target revenue levels. So in discussing how to move this bill forward because everybody was stuck on that particular provision, we came up with an idea that what we ought to do is direct with an intent language in the bill that for each year of the biennium beginning between fiscal year 2014 and 2017, which is when it's repealed, that the legislature -- and this would be through the appropriations process, would continue to reduce the amount of additional state aid or target revenue to which a school district is entitled under the education code and to increase the basic allotment to which a school district is entitled under the education code and the effect of this would be was for us to make appropriations decisions each biennium to reduce target revenue as much as we can and to raise the basic allotment to bring those that have fallen behind up. That allows us to respond to appropriation or revenues that are available to do that. Listening to this floor and talking to members, including members who have -- and what was striking about Senator Deuell's layout was every one of us have significant gaps between the lowest funded school and the highest. I think I might have won the prize because I think mine were down to 4300 up to $12,000 per kid. So the purpose is to allow the legislature, and I think I know the intent of this legislature and the will of this legislature and our school districts, is to end target revenue as quickly as we can without causing harm to those school districts who -- especially those larger districts like Houston, Dallas and Austin who are depending on that to provide quality education to their populations. So this amendment basically allows and directs the legislature to do that but gives the legislature the flexibility to do it at a level that is dependent upon the revenue that is there. With that explanation, I'll be happy to answer any questions, otherwise I would move adoption of amendment 17 to amendment 13.

LT. GOVERNOR DAVID DEWHURST: Senator West, for what purpose to you rise, sir?

SENATOR ROYCE WEST: Question of the author of the amendment.

LT. GOVERNOR DAVID DEWHURST: Will Senator Duncan yield?

SENATOR ROBERT DUNCAN: I yield.

SENATOR ROYCE WEST: Senator Duncan, this is an intent amendment; is that correct? Is this the intent to work towards reducing target revenue and increasing the formula putting everyone on formula, put all the --

SENATOR ROBERT DUNCAN: Yeah, I think it's an intent, and it's not a rider.

SENATOR ROYCE WEST: I said rider, I meant amendment rider.

SENATOR ROBERT DUNCAN: But it's an intent to direct the legislature in the appropriations process to continue to reduce, you know, hopefully in accordance with the model that we call the hybrid model, those of us in committee, you and Senator Shapiro and I helped develop in order to reduce target revenue in accordance with that schedule.

SENATOR ROYCE WEST: You looked at all of the numbers as it relates to the larger districts like Dallas, Houston, and Fort Worth and in Senator Deuell's amendment you take the Dallas Independent School District and here I have school districts that would make out pretty good under the Deuell amendment and then I have a larger district, and I represent obviously an urban Senate. Dallas under Senate Bill 22 loses $87 million in 2012 and 99 million in 2013. Had the Deuell amendment gone on and the Duncan amendment gone on and as we begin looking at our phasing out target revenue, Dallas and I'm pretty sure Houston and other school districts of that size end up losing double digit dollars in terms of millions of dollars. As an example in 2014 had the Deuell amendment gone on Dallas would have lost $87 million. In 2015, 88 million. In 2013, million. 2018 about 67 million and 2019 about million. So when we start talking about doing away with the target revenue system, obviously you got to have the resources in order to do it and you got to kind of go back to where the problem started and we have discussed this before in committee and also on this floor and we recognize that part of the problem going back to when we ended up doing the tax compression and setting up different funds at which we quote unquote called fixing the structural deficit. So as we debate this amendment, and I'm not going to be long about it because I know we need to move on, do you agree with me that we have got to go back and fix the tax compression that we did in the funds that we were going to use in order to offset that tax compression as part of fixing this tax, the target revenue system?

SENATOR ROBERT DUNCAN: Senator, I would agree that we need to revisit the school finance system, the entire system. As you know, I have proposed for the purpose of dialogue a statewide property tax collection system that would end this -- the inequities in our current system that result from variations in property values around the state. Until we fix that problem, we will always have the gaps between poor wealth districts and high wealth districts and unequal distribution. So the issue is yes, we need to look at it, we need to look at this structure. And this issue is unlike any other, all issues are controversial but this issue has so many stakeholders --

SENATOR ROYCE WEST: Well, public school finance is always very difficult to do because of the different school districts that we have in the state of Texas but -- and I have no objection making certain we put all schools on formula, and I know that ultimately a goal should be to do away with target revenue, it's just that my objection is saying we're going to do away with something without having something in place in order to transition to.

SENATOR ROBERT DUNCAN: Well, and again you have to remember though, Senator, too and how many districts do you represent in your district?

SENATOR ROYCE WEST: Oh, about seven.

SENATOR ROBERT DUNCAN: Seven. In my compact district I got 143.

SENATOR ROYCE WEST: Well, that's about equal.

SENATOR ROBERT DUNCAN: And I'm going to have a few more. The problem that we always forget about and Senator Deuell so eloquently raises, there are districts now -- I mean, you talk about Dallas losing that kind of money, well, that just simply indicates they were getting that much more money under the formula than the formula would deserve. Think about the districts that haven't even been getting up to 5,000 per student, that and those districts have been going on now five years at the bottom of the barrel.

SENATOR ROYCE WEST: How many years --

SENATOR ROBERT DUNCAN: Or at the back of the bus --

SENATOR ROYCE WEST: Who, whoa, whoa. How many years?

SENATOR ROBERT DUNCAN: How many what?

SENATOR ROYCE WEST: How many years?

SENATOR ROBERT DUNCAN: I think five.

SENATOR ROYCE WEST: And what happened five years ago?

SENATOR ROBERT DUNCAN: Well, that's when we changed the system. I agree that's --

SENATOR ROYCE WEST: We changed the system, right? Five years ago? And what did we do five years ago?

SENATOR ROBERT DUNCAN: It was a transition and we --

SENATOR ROYCE WEST: What did we do five years ago?

SENATOR ROBERT DUNCAN: We changed the school finance system.

SENATOR ROYCE WEST: And we end up doing tax compression, right?

SENATOR ROBERT DUNCAN: That's right.

SENATOR ROYCE WEST: And in those districts that you're talking about end up getting the short end of the stick starting five years ago.

SENATOR ROBERT DUNCAN: They did.

SENATOR ROYCE WEST: Okay. And so the point is we got to go back to what we did five years ago and reexamine it.

SENATOR ROBERT DUNCAN: I'm not arguing with you about that.

SENATOR ROYCE WEST: Okay. I think we're on the same page, but I think both of us can say five years ago when this problem exacerbated -- and I am not saying that's the entire part of the problem, but the reality is that we need to go back to that five year period what happened five years ago and reexamine what we did in order to correct public school finance in the state of Texas, my friend. Thank you.

LT. GOVERNOR DAVID DEWHURST: Senator Van de Putte, for what purpose do you rise, ma'am?

SENATOR LETICIA VAN DE PUTTE: Will the gentleman yield for some questions?

LT. GOVERNOR DAVID DEWHURST: Will Senator Duncan yield?

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. And, Senator Duncan, I know that your amendment is well meaning, as we all have expressed our displeasure with target revenue and debated hours on how to lean into it and get rid of it. My question deals with line eight of your amendment. In that we're going to continue to reduce the AFATR the additional state aid for tax reduction which is the start revenue and then increase the basic allotment. And my question is if you look at Senator Shapiro's amendment, if you could bring up page nine, on page nine we have the regular program adjustment factor which is set if you heard the discussion before set at .98.

SENATOR ROBERT DUNCAN: Okay.

SENATOR LETICIA VAN DE PUTTE: I know the intent of your amendment but actually we could comply with your amendment but now because we're changing the formulas to add another variable called a regular program adjustment factor, we could very well increase basic allotment and still have a decreased amount to school. And so my question is, why is it that you didn't -- since this is a new variable, it seems to me that the basic allotment may not be all that we need to be able to get us to your intent.

SENATOR ROBERT DUNCAN: Well, Senator, I know and I've had a discussion about this new factor that we've put in here or variable. But what I try to do is draft and draw an amendment that did what Senator Deuell was trying to do but allowed the legislature to make those decisions each biennium depending on the amount of revenue that we have to do so. I don't doubt after hearing the debate and talking with Senator Deuell and others who have -- you know, we have some folks who have pretty good target revenue gaps in their districts, some have large ones, but this is the number one financial issue facing public Ed right now and so the purpose of my amendment was to provide a flexible direction to the appropriations committee and the education committee and the legislature that as a priority in the legislative session when we come in, we look at our revenue available for public school and that will be property values as well as general revenue and we make decisions to further reduce target revenue hold harmless. Senate Bill 22 or the amendment that amendment 13 now does not do that this past year other than repealing it at 2016. And the fear was and what we were trying to accomplish with this amendment and what Senator Deuell was trying to accomplish is that if we didn't have some directives to move forward with some reductions and increasing the basic allotment that we would do nothing and then we would get to 2016 and the legislature would say, well, we didn't do it because we're going to move too much money in the school so we're going to kick the can down the road a little bit more and we're going to extend the repealer daylight. So Senator Deuell's amendment was attempting to avoid that and this amendment is simply saying it's trying to accomplish the same thing but putting it in the hands of the legislature. So I could -- I don't think you can make it mandatory unless you put specific drivers down and up as Senator Deuell's amendment did. But I think that if you do it this way then the legislature, if it has sufficient revenues, can make a bigger grab at it depending on the will of the body. But it leaves it in our hands to keep moving this issue toward a resolution because we have to by September 16 -- or by September of 2016.

SENATOR LETICIA VAN DE PUTTE: And I appreciate that and I appreciate your intent and I got to tell you had Senator Deuell asked for a vote on his amendment, I would have been shown voting aye on that amendment because it's fair for the poorest of the poor school districts when there's such inequity and such disparities for us to bring the bottom up first and that's what his amendment did and it did it within a four year period actually and it phased in. And I would have voted for it and in my district I would have had some winners and losers. I would have had -- I've got suburban fast growth district and I've got very tough in city school districts but I would have voted for that because it's about what's fair for the majority of the children in this state and I appreciate this. But I bring that to your attention because we could comply with this and still not keep the promise that we made to our schools because we made that promise to them. We made that promise in 2006, we knew it was to hold us over for a little bit right then and we knew that we'd be visiting, I was hoping that we would address this last year and in fact filed the bill to get rid of target revenue last year or last legislative session. I'm sorry. But we're breaking the promise.

SENATOR ROBERT DUNCAN: Well, Senator, I don't -- I think we guessed wrong in 2006 or '5, whatever it was, I guess it was six. We thought we were doing right, I don't think anybody on this floor believed that what they were doing wasn't going to work but we didn't. It was transition and we didn't transition it. So what we're trying to do is force that transition with Senate Bill 20 -- with Senate Bill 13 and the amendment to that to provide a directive to do that. The problem as you know in school finance, and I raised it a little bit when I was talking with Senator West, and you know talked about this. Different ways to get there and to get votes and get superintendents someone to just see the system crash and burn because they believe they'll get a better system out of it. Some want to try to fix it, and so all of our members get different pressures from different superintendents, school board members, teacher groups or whatever and it's very difficult to come up with a prescriptive 1, 2, 3, 4 way to solve a problem especially when it involves taking money away from school districts, which these bills do, and so the purpose of this amendment, Senator Deuell's amendment is technically the best way to do it and I applaud him for the work that he did. But the problem with it is that at the end of the day you got to have, in my view, you got to be able to get a consensus on the other side of the Capitol and here and flexibility is the thing that you would get you there. You can read flexibility so this legislature can respond to the revenue available at the time and that's what this amendment attempts to try or tries to direct us to do, you usually get it further down the road. The question is next session will we have the will to continue to do this and what I hear on this Senate floor is -- I've worked it all session long on this issue is that we will have the will and I believe that we'll do -- we'll continue to move down the road. I know it will be -- it was my No. 1 priority this session and will continue to be my priority as long as I serve here.

SENATOR LETICIA VAN DE PUTTE: Senator Duncan, I plan to vote for this amendment and I would have preferred Senator Deuell's amendment but we did break our promise and the language there that he would have had would have put in statute and would have forced us to actually look of correcting the core problem of this which is an underperforming margins tax. Whatever the cause, we're going to have a better economy we hope but by not doing his amendment we perpetuate the inequities and we put, whether we like it or not, a policy that says too big to fail for big school districts and too rich to cut for those that are pretty well off. And it's about time that we actually look at those school districts that are at the bottom now and that we do all we can to bring them up first. I appreciate your work on this.

SENATOR ROBERT DUNCAN: Thank you, Senator.

LT. GOVERNOR DAVID DEWHURST: Senator Lucio, for what purpose do you rise, sir?

SENATOR EDDIE LUCIO: Will the gentleman yield, please?

LT. GOVERNOR DAVID DEWHURST: Will Senator Duncan yield?

SENATOR ROBERT DUNCAN: I yield.

SENATOR EDDIE LUCIO: I appreciate the exchanges that have taken place between you and Senator West, you and Senator Van de Putte and others. I too will find myself voting for your amendment. And I appreciate the fact that you make an honest commitment to continue to be part of the solution that we need in our state to bring fairness and equity to our public school finance system. I wish you would have used the word "shall," I wish you would have mandated that the legislature do exactly what your intentions are with this amendment but you have already explained to me why you didn't do that. I'm so concerned at times when we establish legislative intent on bills that we passed because at the end of legislative intent really mean nothing as people interpret what we say and do and I think you agree with the bills that we have passed. But I can assure you God willing that I do have the will that you mentioned and others on this floor have the will to find the proper answers. I have 31 school districts. My senatorial school district a little over half, a quarter of a million children, students that depend on us coming here and voicing and echoing their concerns along with their parents and their teachers and I too feel very strongly that Senator Deuell's amendment would have obviously addressed those poor school districts in a much better way but, you know, we find ourselves out of time in this session, I wish it was January. I wish we still had time and I wish there was a will across the way of finding the resources that I know are available in our great state, Senator Duncan.

SENATOR ROBERT DUNCAN: Well, let me make one comment and I'll be brief. I believe this is more than our particular legislative intent and I want to be clear on that because typically when we're trying to establish legislative intent, we'll exchange words and put it in the journal or we'll type them up and put it in the journal, but this is in the statute and this expresses the -- what the hybrid model that we used and developed with what we're trying to do is reduce the concept and the directive is to reduce target revenue and raise the basic allotment and I believe it's more than just our typical legislative intent. This is a directive to continue on the model and the resolution of target revenue hold harmless problem in a method that works to -- in an equitable way of bringing those down at the top and bringing those up at the bottom.

SENATOR EDDIE LUCIO: Well, I appreciate the work that you've put into public education along with our excellent Chair and I'll continue to work alongside of all of you to see if we can find some better solutions.

SENATOR ROBERT DUNCAN: We sit together in these hearings, and I appreciate your input.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senators. Members, Senator Duncan moves the adoption of floor amendment No. 17. It's acceptable to the author, is there objection from any member? Is there objection from any member? Chair hears no objection from any member and floor amendment No. 17 which amends floor amendment 13 is adopted. The Chair lays out floor amendment No. 18 by Senator Lucio. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 18 amends floor amendment No. 13.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Lucio to explain floor amendment No. 18.

SENATOR EDDIE LUCIO: Thank you, Mr. President. Members, I would like to propose an amendment that I feel will restore a degree of fairness to the school finance proposal. This amendment uses the same accounting trick already employed by the Committee Substitute to Senate Bill 1811. There are eight payments made to school districts each year. The Committee Substitute for Senate Bill 1811 delays one of these payments. This amendment delays a second payment in the July 2013 payment and uses those savings to cover the cost of removing the sections of the school finance proposal that cut funding to the poorest funding formula districts in 2012 and 2013. In other words, this amendment insulates our poorest, already struggling and under funded districts from further pain. Districts will be able to use their fund balances or borrowing authority to weather the temporary delay. The districts I have been in contact with find this "temporary delay" much more agreeable than a permanent cut as proposed. This amendment would not have any fiscal impact within this biennium because the amount of funding needed to restore funding to the poorest district is made up for by delaying the July 13th payment to districts in fiscal year 2014. Again, this is the same accounting trick already used by the Senate. And members, I have been clear that I am no -- really I am not a fan of accounting tricks. I would much prefer we make courageous decisions about target revenue and maintaining current spending. However if we are resigned to accounting tricks, I propose we delay payments twice rather than once, that way we can protect our poorest districts from our unfortunately lack of courage. So I move adoption of the amendment, I hope it's acceptable to the author.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Shapiro on floor amendment No. 18.

SENATOR FLORENCE SHAPIRO: Thank you very much, Mr. President. And, Senator Lucio, I certainly appreciate this and you have thought this through in a very thoughtful manner. But I just want to make sure that everybody understands what this does. We are already -- based on the bill that we have -- delaying at least one-month and that's -- this is going to delay two months which is going to be a very difficult thing for us because it's going to double the amount that we're going to have to pay back in the same period of time. We were given a number to work with from the beginning. We were told we had $6 billion, 5.7 actually and we chose at that point to use that delay in order to be able to fund what we were doing and you're looking to delay it a second month. I think that would be very difficult for us to do, I think at the end of day would be a part of a number that we would have that would be a much heavier burden on this next legislature to come back and it just serves our responsibility even more when we're trying very desperately to be as prudent in our financial budget as we can. So with all due respect this is not acceptable, and I would ask for a tabling of this amendment.

LT. GOVERNOR DAVID DEWHURST: Thank you. Senator Shapiro moves to table floor amendment No. 18. The Chair recognizes Senator Lucio to close.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. We asked the experts to calculate what the benefit would be in two years to your district. I'm not going to go through the 31 of you, but I will go through a few. In Senator Whitmire's district the benefit would be 33.5 million, Senator Patrick's district 32.4 million more dollars per district, my district 39 million, Senator Hinojosa's district 21 million, Senator Huffman's district 19.1 million more, Senator Hegar's district 18.9 million. Senator Davis 17.9, Senator Uresti 17.89, Senator Deuell 15.9 million, Senator Gallegos 14 million, Senator Harris 12 million, Senator Ellis 12 million, Senator Rodriguez 12 million, Senator Ellis 11 million, Jackson 10 and so on and so forth. A considerable amount of money that would benefit your school districts if this amendment goes through. So I would ask the members to vote no on the motion to table.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Shapiro moves to table floor amendment number 18. Senator Lucio opposes. Secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: Members, there being 15 ayes and 14 nays, the motion to table is sustained.

SENATOR EDDIE LUCIO: Thank you, members.

LT. GOVERNOR DAVID DEWHURST: The Chair lays out floor amendment number 19 by Senator Lucio, secretary will read the amendment.

PATSY SPAW: Floor amendment No. 19 by Lucio amending floor amendment No. 13.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Lucio to explain floor amendment 19.

SENATOR EDDIE LUCIO: Thank you, Mr. President. Members, Senators Van de Putte and Davis spoke at length about their concern wither regular program adjustment factor. I share their concern that this factor makes it too easy for the legislature to cut funding to districts in the future. Consequently I propose to sunset the regular program adjustment factor after it achieves its Senate purpose of reducing fundings to school for this next biennium and I would hope that this would be acceptable to the author.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Shapiro on floor amendment 18 -- on floor amendment 19.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President and members. I didn't know about this amendment but I will tell you that the only concern that I have is we're taking away the ability of the legislature to make this decision since it is in this bill but I would also suggest to you that one of the reasons we kept it at least for four years is because we might need to use it in the next biennium. We don't know if we will and we did keep in the law -- in the amendment that this is subject to the legislature's decision. So I would very respectfully move to table this amendment as well.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Shapiro moves to table floor amendment No. 19. The Chair recognizes Senator Lucio to close.

SENATOR EDDIE LUCIO: I think once again, members, we're looking for answers and my amendment would obviously mandate the legislature to come back with a bill this next session to address this issue. I would ask you to vote no on the tabling motion.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senators.

SENATOR FLORENCE SHAPIRO: Mr. Chairman, may I just clarify.

LT. GOVERNOR DAVID DEWHURST: You are recognized.

SENATOR FLORENCE SHAPIRO: I know that the Senator closed but I don't want anybody to think that to vote for this amendment is going to make us come back and change something next session. This is just an amendment to get rid of a new formula that we will be looking at again. This has nothing to do with changing target revenue. This is completely different.

LT. GOVERNOR DAVID DEWHURST: Senator Lucio, do you wish to --

SENATOR EDDIE LUCIO: It's okay, I closed already. I stand by my statement.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion to table by Senator Shapiro which is opposed by Senator Lucio. Secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: Members, there being 17 ayes and 13 nays, the motion to table prevails. Two more amendments. The Chair lays out floor amendment No. 20 by Senator Hegar and Senator Eltife. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 20 amending floor amendment No. 13 by Hegar and Eltife.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Hegar to explain floor amendment No. 20.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. Last education is House Bill 2636 changes the portion reduction per district adopting a tax rate below their compressed rate. School districts in violation of the new law face significant penalties, only just other than a handful districts were in enforcement of this penalty. TEA agreed to delay the enforcement of the penalties but told the districts the legislative (inaudible) was necessary to solve this problem. We actually put this amendment on one of the bills earlier this session and passed it out. My floor amendment makes the necessary change to clarify the portion reduction is effective for the 2009 tax year and each year after that and I would move adoption of amendment No. 20 to amendment No. 13, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you Senator.

SENATOR FLORENCE SHAPIRO: It is acceptable, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Hegar moves adoption of floor amendment No. 20. It's acceptable to Senator Shapiro. Is there objection from any member? The Chair hears no objection from any member and floor amendment No. 20 is adopted. The Chair lays out floor amendment No. 21 by Senator Van de Putte, our last amendment. The secretary will read the amendment.

PATSY SPAW: Floor amendment No. 21 amending floor amendment No. 13 by Van de Putte.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Van de Putte to explain floor amendment 21.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, if you were listening prior to some of the discussions that I have had with Senator Shapiro, you know that we have about seven school districts that are called military school districts. They are those that are both sustained financially by our basic allotment but in lieu of a school district that had property taxes. Because these are located on the base, they have the Department of Defense criteria where the department funds them. However, with the Deficit Reduction Act and with the proposed budget for reduction on the federal side there is nothing in the Texas code that would allow the commissioner at least some flexibility to make sure that these districts are not harmed any more than any other school districts. This amendment just allows the commissioner the authority to make sure that all of our military school districts don't receive a reduction of more than 8 percent total.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Shapiro on floor amendment 21.

SENATOR FLORENCE SHAPIRO: I appreciate that, and I just want to clarify because I'm getting a lot of questions. I just want to clarify that what you're saying here in this amendment is that you're saying that because of the extenuating circumstance that these military school have, that what happens to them is that they get less money or they get a certain amount from the state but they also get less money from the federal government and you want to make sure that these -- and I think there were seven.

SENATOR LETICIA VAN DE PUTTE: I believe there were seven. But there may have been eight we're not sure if that was consolidated or not but they're called military impact school districts, they are funded because on base nobody pays property taxes and so it's -- they're DOD, so it's both Department of Defense and our allotment.

SENATOR FLORENCE SHAPIRO: I just want to make sure that the number that you came to was an percent reduction and I wonder where you came up with percent.

SENATOR LETICIA VAN DE PUTTE: Because in any of the funding formulas that you have with I think Senate Bill 22 and the runs, most school district had a less than an 8 percent reduction so --

SENATOR FLORENCE SHAPIRO: I just wanted to hear you say that.

SENATOR LETICIA VAN DE PUTTE: Right. So --

SENATOR FLORENCE SHAPIRO: I just wanted to hear you say that. It's acceptable, Mr. President.

SENATOR LETICIA VAN DE PUTTE: Thank you very much, Madam Chair.

SENATOR FLORENCE SHAPIRO: Thank you.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Van de Putte moves adoption of floor amendment No. 21, it's acceptable to the author. Is there objection from any member? Chair hears no objection from any member and floor amendment No. 21 is adopted. The Chair recognizes Senator Shapiro for a motion.

SENATOR WENDY DAVIS: Mr. President, I'm so sorry, I do have an amendment.

LT. GOVERNOR DAVID DEWHURST: Senator Davis, for what --

SENATOR WENDY DAVIS: I'm sorry, Mr. President, I do have an amendment and I think they're making a copy for us as we speak. It will be here in one second if you will permit me, please. Thank you.

LT. GOVERNOR DAVID DEWHURST: The Chair lays out floor amendment No. 22 by Senator Davis. Secretary will read the amendment. Senator Davis, this is -- this is not an amendment to the amendment. You have a separate amendment.

SENATOR WENDY DAVIS: I have an amendment -- yes, it could be either way.

LT. GOVERNOR DAVID DEWHURST: Right. So we're going to go back --

SENATOR WENDY DAVIS: An amendment to the underlying bill.

LT. GOVERNOR DAVID DEWHURST: Members, what you have in front of you which we'll take up in just a minute is floor amendment No. 22 and that is an amendment -- I had assumed it was an amendment to the amendment, it's not, it's an amendment to the bill so we're going to go back -- the Chair recognizes --

SENATOR CHRIS HARRIS: Mr. President, I move the previous question, which was the vote on the bill.

LT. GOVERNOR DAVID DEWHURST: We got to get this amendment out which is on school finance. The Chair recognizes Senator Shapiro for a motion.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President. Members, once again I'm going to say thank you to every one of you. I know that this is not the perfect bill, I know that some of you are disappointed, I know that some of us wish it would be better but I honestly believe at this moment in time we have done a great service for the children of the state of Texas and I appreciate all of you and your indulgence in this process. So with that I would ask adoption of floor amendment No. 13 at this time.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Senator Ogden, do you wish to close?

SENATOR STEVE OGDEN: The amendment is acceptable to the author.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Ogden. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: Members, there being 17 ayes and 13 nays, floor amendment No. 13 as amended is adopted. Members, the Chair lays out -- the Chair lays out floor amendment No. 22 by Senator Davis. The secretary will read the amendment. Floor amendment --

PATSY SPAW: Floor amendment No. 22 by Davis.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Davis to explain floor amendment 22.

SENATOR WENDY DAVIS: Thank you, Mr. President and members. This amendment will be very familiar to you. It is an amendment that was offered by Senator Ellis earlier when we debated one of our fiscal matters bill. It becomes pertinent, this particular bill, because it gives us an opportunity to potentially dedicate bills of dollars of funding to our school children. As a compromise to Senator Ogden, Senator Ellis has advanced the idea that a high cost tax loophole would only take effect --

SENATOR CHRIS HARRIS: Mr. President. Point of order. Amendment is not germane.

LT. GOVERNOR DAVID DEWHURST: Could you bring your point of order forward? Members, Senator Davis pulls down floor amendment No. 22. No. 22. Members, the Chair recognizes Senator Ogden for a motion to pass to engrossment Senate Bill 1581 as amended.

SENATOR STEVE OGDEN: Members, I want to thank you and I move passage to engrossment of Senate Bill 1581.

LT. GOVERNOR DAVID DEWHURST: Members, you've heard the motion by Senator Ogden, secretary will call the roll. There objection from any member? Chair hears no objection -- okay, go ahead. Secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: Members, there being 19 ayes and 11 nays, Senate Bill 1581 passes to engrossment. Members, the Chair recognizes Senator Ogden for a motion to suspend the constitutional rule that bills be read on three days.

SENATOR STEVE OGDEN: Members, I want to thank you for your cooperation and working to move this bill forward. I move to suspend the constitutional three day rule to take up and consider Senate Bill 1581.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Ogden. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: There being ayes and six nays, the rule is suspended. And by the way I just want to say thank you, members, thank you, thank you. The Chair lays out on third reading and final passage SB 1581. The secretary will read the caption.

PATSY SPAW: Senate Bill 1581 related to state fiscal matters related to public and higher education.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Ogden for a motion.

SENATOR STEVE OGDEN: Mr. President, members, I move final passage of Senate Bill 1581.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Ogden. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: Members, there being 18 ayes and 12 nays, Senate Bill 1581 as amended is finally passed. Members, there's a minimum of one more bill that I promise that we would consider this evening. The Chair recognizes Senator Wentworth for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to SB 354.

SENATOR JEFF WENTWORTH: Thank you, Mr. President. Mr. President, I move to suspend the regular order of business to take up and consider the Committee Substitute for Senate Bill 354. Members, I'll have a floor substitute which will actually be the exact language of the amendment that this body passed 21 to ten that went on 1581 to the House. It's the concealed carry on campus bill. I move suspension of the regular order of business.

LT. GOVERNOR DAVID DEWHURST: Senator Ellis, for what purpose do you rise, sir?

SENATOR RODNEY ELLIS: May I ask the Senator a few questions? And, in fact, I know, members, you were planning on expediting the process to get in before midnight, I just want you to get comfortable.

LT. GOVERNOR DAVID DEWHURST: Will Senator Wentworth yield?

SENATOR JEFF WENTWORTH: I'm happy to yield to Senator Ellis.

SENATOR RODNEY ELLIS: Okay. Well, my staff's going to bring my stuff on up and while I'm just getting adjusted, sit down, have a seat, I'll be talking to at least midnight on this amendment. And I want to ask you a series of questions and just want to know why you're doing this and what are the safety concerns, if you have any, Senator, or what this bill might do to the campuses in Texas and what people in higher education have signed onto this, those that have concerns and those who may not have concerns and just basic issues that come up. I'd like to know how long you think it would take for me to talk for you to decide to postpone this bill, bring it up tomorrow or would you prefer for me to be here in my country lawyer attire and talk for about 20 hours?

SENATOR JEFF WENTWORTH: Well, Senator, this bill as you know and I think everyone in this chamber knows has already passed this body 21 to ten. This is the second session in a row this bill has passed this body and it has over 85 cosponsors in the House, it clearly is the will of the legislature that this bill pass.

SENATOR RODNEY ELLIS: Would you say, Senator, it was a pretty smooth operation that members were asked a few minutes ago to expedite the process on the previous bill so we would not be here until midnight and then immediately after that, then this bill comes up? Quite interesting for those members who were voting to expedite the process tonight, right?

SENATOR JEFF WENTWORTH: I'm not advised about that, Senator. I just have a bill that I care deeply about, that's been debated several times now on this floor and I'm just trying to get my bill passed.

SENATOR RODNEY ELLIS: Well, as members make a decision on whether or not they vote to suspend, I just hope they will think about that, that they were asked to vote against the position many of them had on the previous bill and then immediately after that this bill comes up, but I rest my case.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Wentworth for a motion.

SENATOR JEFF WENTWORTH: Mr. President, I move to suspend the regular order of business in order to take up Committee Substitute for Senate Bill 354.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Wentworth. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: Members, there being 19 ayes and 11 nays, the motion to suspend the rule fails. The Chair recognizes Senator Fraser for a motion to suspend the regular order of business and take up and consider House Bill 3573.

SENATOR TROY FRASER: Mr. President, I would move to suspend the regular order of business to take up and consider House Bill 3573 restricts the government entity from requiring the disclosure of certain factors of staff or board members' race, religion, gender, national origin, socio-economic status, age, ethnicity, disability, ethnicity. I would now move to suspend the regular order of business.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Fraser moves to suspend the regular order of business to take up and consider House Bill 3573. Is there objection from any member? The Chair hears no objection --

SENATOR RODNEY ELLIS: Mr. President.

LT. GOVERNOR DAVID DEWHURST: Senator Ellis, for what purpose?

SENATOR RODNEY ELLIS: Just very quickly can you -- I'm sorry, what does the bill do? What did your bill do? Okay, no questions, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Members, is there objection from any member on Senator Fraser's motion? Chair hears no objection and the rule is suspended. The Chair lays out on second reading House Bill 3573. The secretary will read the caption.

PATSY SPAW: House Bill 3573 relating to limits the disclosure of certain information regarding certain insurance organizations.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Fraser for a motion.

SENATOR TROY FRASER: I would now move passage to third reading of Senate Bill 3573.

LT. GOVERNOR DAVID DEWHURST: Members, you have heard the motion by Senator Fraser. Is there objection from any member? The Chair hears no objection and House Bill 3573 passes to third reading. Chair recognizes Senator Fraser for a motion to suspend the constitutional rule that bills be read on three several dais.

SENATOR TROY FRASER: I would now move to suspend the constitutional rule that bills be read on three several days.

LT. GOVERNOR DAVID DEWHURST: Could you say it a little slower, it was too fast for me. Members, you've heard the motion by Senator Fraser. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: There being ayes and one nay, the rule is suspended. Senator Patrick, did you wish to speak? The Chair lays out on third reading and final passage House Bill 3573. The secretary will read the caption.

PATSY SPAW: House Bill 3573 relating to limiting the disclosure of certain information regarding certain charitable organizations.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Fraser for a motion.

SENATOR TROY FRASER: Mr. President, I would now move final passage of House Bill 3573.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Fraser. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: There being ayes and one nay, House Bill 3573 is finally passed. Mr. Doorkeeper.

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

LT. GOVERNOR DAVID DEWHURST: As long as he reads every page. 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 actions, the House has passed the following measures --

LT. GOVERNOR DAVID DEWHURST: I was just kidding. Senator Williams, are you ready on 2825? The Chair recognizes Senator Williams for a motion to suspend the Senate's regular order of business to take up and consider House Bill 2825.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President, members. I'm going to move to suspend the Senate's regular order of business to take up and consider House Bill 2825 by Otto. Currently the UTENCO code board is governed by a nine member board of directors that consist of 3UT system regents, the chancellor of the UT system and five appointed members. Presently the UTENCO board is required to select at least one of the important members from a list of candidates from A&M. This bill would increase the presence of the A&M University by requiring that at least two members be appointed by the A&M regents, one of which must have substantial experience and investment. This is agreed to by both systems. Mr. President, I move to suspend the Senate's regular order of business.

LT. GOVERNOR DAVID DEWHURST: Members, you have heard the motion by Senator Williams. Is there objection from any member? The Chair hears no objection from any member and the rule is suspended. The Chair lays out on second reading House Bill 2825. The secretary will read the caption.

SENATOR TOMMY WILLIAMS: I move passage to third reading.

LT. GOVERNOR DAVID DEWHURST: Whoa, whoa.

PATSY SPAW: House Bill 2825 relating to the composition and appointment of board of directors of a corporation to which board regents designates investment authority.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Williams for a motion.

SENATOR TOMMY WILLIAMS: Thank you, sorry, I got a little ahead of the game there. I move passage to third reading. Members, you heard the motion by Senator Williams. Is there objection from any member? Chair hears no objection and House Bill 2825 passes to third reading. Chair recognizes Senator Williams for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR TOMMY WILLIAMS: So moved.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Williams. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: Members, there being 30 ayes and no nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2825. The secretary will read the caption.

PATSY SPAW: House Bill 2825 relating to the composition and appointment of the board of directors to which the board of regents to the University of Texas A&M delegates investment authority.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Williams for a motion.

SENATOR TOMMY WILLIAMS: I move final passage.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Williams. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, House Bill 2825 is finally passed. The Chair recognizes Senator Duncan for a motion to suspend the Senate's regular order of business to take up and consider House Bill 3410.

SENATOR ROBERT DUNCAN: Thank you, Mr. President and members. Currently an administrative rule defines surplus agent line of record as it applies to the agent that the comptroller considers to be -- the responsible authority party for the payment for surplus line taxes. The rule is clear in a transaction in which there is only one licensed surplus agent and one eligible surplus lines carrier. However, it does not address the situation in which there are two licensed surplus line agents. One agent who exercises the underwriting authority for the carrier and one agent who is the broker that produces the premium in a program and directly interacts with the insured. House Bill 3410 seeks to address this issue by establishing a record keeping and reporting requirements relating to the collection, payment and reporting of the surplus line insurance premium tax to establish an audit trail documenting each agent's liability for payment of the tax. The bill tasks managing underwriters as the parties responsible for maintaining the appropriate records. There will be a technical floor amendment that will change the effective date of the bill from September 1st, 2011, to January 1st, 2011. The comptroller's office noted that the January 1 is the effect -- January 1st effective date would be consistent with the applicable tax year. With that explanation, Mr. President, I move suspension of the Senate's regular order of business to take up and consider House Bill 3410.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Duncan. Members, you have heard the motion by Senator Duncan. Is there objection from any member? The Chair hears no objection, and the rule is suspended. The Chair lays out on second reading House Bill 3410. The secretary will read the caption.

PATSY SPAW: House Bill 3410 relating to the managing underwriters for surplus line insurance transaction.

LT. GOVERNOR DAVID DEWHURST: The Chair lays out floor amendment No. 1 by Senator Duncan. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Senator Duncan.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Duncan to explain floor amendment one.

SENATOR ROBERT DUNCAN: Thank you, Mr. President and members. This amendment just changes the applicability date from September 1st, 2011, to January 1st, 2012.

LT. GOVERNOR DAVID DEWHURST: Members, you have heard the motion by Senator Duncan, is there objection from any member? The Chair hears no objection from any member and floor amendment No. 1 is adopted. Chair recognizes Senator Duncan for a motion.

SENATOR ROBERT DUNCAN: I move passage to third reading.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Duncan. Members, you've heard the motion by Senator Duncan. Is there objection from any member? The Chair hears no objection from any member and House Bill 3410 passes to third reading. Chair recognizes Senator Duncan for a motion to suspend the constitutional rule that bills be read on three days.

SENATOR ROBERT DUNCAN: I so move.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: There being -- there being 30 ayes and no nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 3410. The secretary will read the caption.

PATSY SPAW: House Bill 3410 relating to managing underwriters for surplus line insurance transactions.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Duncan for a motion.

SENATOR ROBERT DUNCAN: I move final passage.

LT. GOVERNOR DAVID DEWHURST: Thank you. Members, you heard the motion by Senator Duncan. The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, House Bill 3410 is finally passed. Members, the president signs in the presence of the Senate the following.

PATSY SPAW: House Bill 423, House Bill 215, Senate Bill 430, Senate Bill 662, Senate Bill 688, Senate Bill 764, Senate Bill 800, SCR50, SCR53, SCR54, House Bill 3234, House Bill 3051, House Bill 2851, House Bill 2342, House Bill 2014, House Bill 2007, House Bill 1770, House Bill 1550, House Bill 901, House Bill 591, House Bill 555.

SENATOR KEVIN ELTIFE: Senator Zaffirini, you're for a motions to suspend the regular order of business on House Bill 753.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, House Bill 753 relates to the recruitment and retention of certain caseworkers employed by the Department of Family and Protective Services. Generally the bill would direct the department to use special assessment tools for screening applicants for employment, require that the agency give hiring preference to applicants applying for entry level caseworker positions with a masters degree or bachelors degree in social work and charge the department to study the salaries of each type of caseworker and employees to report the results of a study to the governor, lieutenant governor and the appropriate committees. Mr. President, I move suspension.

SENATOR KEVIN ELTIFE: Senator Ogden, for what purpose?

SENATOR STEVE OGDEN: To ask the author a question.

SENATOR KEVIN ELTIFE: Senator Zaffirini yield?

SENATOR JUDITH ZAFFIRINI: I do.

SENATOR STEVE OGDEN: Senator Zaffirini, I'm familiar with CPS caseworkers because my wife used to be one and I'm wondering about why I think it's necessary to pass a state law that says caseworkers who have a degree in social work should get a hiring preference over any other caseworkers. There are lots of bachelors degrees that are appropriate for this line of work and I'm wondering why you're preferentially picking social workers.

SENATOR JUDITH ZAFFIRINI: Well, first of all, Senator Ogden, I did not write this bill. If you will notice it is a House bill not a Senate Bill and it's my understanding that it was requested by the department. And as you know very, very well from testimony in finance committee, the agency has had a serious problem with turnover and time and time again we have asked them what we can do to relieve their burden and to help them increase their efficiency and effectiveness. And this is one of the things they requested. They believe they need to use special assessment tools and just not go through the usual process of hiring any applicants who comes, and they also believe that with a bachelors or masters degree in other work come certain knowledge, certain skills that help the employees be more successful in this line of work. The agency representatives believe that with this kind of law they will help reduce the turnover and keep their employees longer and do a better job. I did not write this bill, it's a House bill, this is what the agency experts who know better than I believe would help.

SENATOR STEVE OGDEN: Senator, do they at Texas A&M Laredo do they award a degree in social work?

SENATOR JUDITH ZAFFIRINI: They did at one point, and now they have an agreement with another university to award social work courses. And as you know, Senator, they can also take courses online and this did not require it. It simply says to give hiring preference to applicants who has this degree, it does not require the degree.

SENATOR STEVE OGDEN: But I got a problem with it --

SENATOR KEVIN ELTIFE: Chairman Ogden, let me get a little order in here so y'all can hear. Can we have a little order in the chamber, please. Thank you.

SENATOR STEVE OGDEN: I got a real problem with this concept because if I'm an employer and I'm trying to hire the best employee for a job and I've got an employee that basic -- an applicant who made a three, five in English, I don't know why I should have to study law that says somebody who may have had a 2.0 in social work is a preferred hire. It makes no sense to me. I mean, this is not right.

SENATOR JUDITH ZAFFIRINI: Senator Ogden, again, I repeat now that everybody's listening, this is a House bill not a Senate Bill. I did not write it, the bill, it is my understanding, was requested by agency personnel who understand so well, so realistically the problems they have faced in terms of turnover of personnel and they believe a law like this will empower them to hire better people, to keep those people longer and to help them to a better job. They are the experts, Senator. You are not, nor am I.

SENATOR STEVE OGDEN: Yeah, but the -- but social work is not the only discipline that applies to issues like Child Protective Services. At one time we had a practice in this state to encourage retired military personnel to become caseworkers because they in their experience in the military had some direct skills that would apply to dealing with families and abused children and neglected children, I'm sure none of them had a degree in social work, but I was convinced that they'd be well qualified and putting a statute that we're going to take a preference on one type of employee who majored in a type of degree that's not readily available in this state seems to be counter productive. Let me ask you another question.

SENATOR JUDITH ZAFFIRINI: No, let me respond to that comment, first, if I may. First of all I repeat that they know better than we do what they need. Now, this law does not require --

SENATOR STEVE OGDEN: No, I don't agree with that --

SENATOR JUDITH ZAFFIRINI: Let me finish please. May I? Are you ready?

SENATOR STEVE OGDEN: Yes, ma'am.

SENATOR JUDITH ZAFFIRINI: All right. This law does not require a bachelors degree or a masters degree in social work, it simply says that the agency should give hiring preference to applicants applying for entry level caseworker positions not the higher level, entry level caseworker positions with a masters degree or bachelors degree in social work. Now, if there's no applicant with a bachelors or masters degree in social work, it doesn't apply, so your worries are then fruitless.

SENATOR STEVE OGDEN: Well, when my wife was a caseworker, you know what she told me, we need to hire more people that had parental experience. She thought the weakness amongst the caseworkers was there were too many caseworkers that we had hired and maybe that who are young, who was inexperienced, who had not dealt with the practical problems of raising children and it was her opinion that we ought to -- if we were going to give a preference, we ought to give preference to some people who have parental experience. She did not think that a degree in social work was particularly advantageous as compared to any other job, any other bachelor's degree. I want to ask you another question.

SENATOR JUDITH ZAFFIRINI: Let me respond to that. Let's take turns talking, please.

SENATOR STEVE OGDEN: : Yes, ma'am.

SENATOR JUDITH ZAFFIRINI: First of all, I didn't discuss the bill with your wife. I don't know how she feels about it, I agree with her that parental involvement and parental experience is very, very important but not all parental experience is good experience. You and I know that. In fact, that's particularly important for these children whose needs we are discussing today. That's critical to the point at hand. In addition to that, again we're talking about very specific cases. Only cases in which there are applicants for entry level positions who have this degree. Not every applicant for every position. And the other thing, Senator, that I'd like to point out is I wish you had brought your concerns to my attention because this bill was heard by the health and human services committee, it was reported favorably, unanimously, recommended to the administration committee and you were the one who removed the bill from certification for the local and uncontested calendar. And the other thing, if you had suggestions for improvement, you had every opportunity to bring it to me. So if you had a proposed amendment, I would have considered it. But you didn't bring it up, you didn't discuss it. And here we are almost at 9:00 clock on Friday discussing your concerns which you could have discussed we me at any time. That's not right, Senator.

SENATOR STEVE OGDEN: Well, I'm not the one who brought the bill to the floor, Senator. I mean, I have a right to debate the bill, don't I?

SENATOR JUDITH ZAFFIRINI: You do m,but you could have brought the concern to my attention like I do for you. I always bring my concerns to you quite often, quite regularly.

SENATOR STEVE OGDEN: Now, the -- I notice you didn't poll me on this bill, I don't remember you ever polling me on this bill.

SENATOR JUDITH ZAFFIRINI: I did not poll you, I polled the other members of the Senate -- almost every member.

SENATOR STEVE OGDEN: The other thing I want to ask you is, what does a special assessment tool in screening applicants for employment mean?

SENATOR JUDITH ZAFFIRINI: Well, I have a very specific answer. The question is what are the special assessment tools, allow me to read the answer to you. In an effort to select the candidates that have the technical skills and performing characteristics that will help them be successful, the Department of Family and Protective Services set out to employ new tools to hire staff most likely to be successful and stay with the job long term including a prescreening test for job applicants to assess an applicant skills and performance characteristics, to be administered to all applicants after the initial application screening, a behavioral interview guide to assess how each candidate would respond in various work situations, scored according to the types of behaviors or responses that are most effective to the CPS workers position. In 2005 the Department of Family and Protective Services partnered with a contracted vendor to develop a valid and reliable assessment tool to screen applicants for child protective services caseworker jobs. Now, Senator Ogden we had the turnover problem, we've had the morale problem, these agencies have now been slashed in many ways, we're asking them to do more with less. At a very minimum we need to respect their request to give them the tools and the authority to hire the best kinds of people they can to provide the very best services with, as you said repeatedly, do more with less.

SENATOR STEVE OGDEN: Could a special assessment tool become a political tool?

SENATOR JUDITH ZAFFIRINI: Wrong I don't think so. This language is very, very specific.

SENATOR STEVE OGDEN: I don't think it's specific at all. I think especial -- I mean, a special assessment tool can mean anything you want it to mean, and I fear why we would put in statute for one category of personnel that they have got to be subjected to a special assessment tool, one of which you already alluded to is some sort of psychological profile. And I think the problem is that that word is so vague it can mean anything and I think in the wrong hands it can be abused.

SENATOR JUDITH ZAFFIRINI: Well, I disagree with you, Senator, and I, of course, am not suspicious of our agency personnel. I trust them to do the best and at this point in time it is especially important that we support them and help their efforts to do more with less, to hire the best people possible and to give them the tools that they have already developed and simply want authority to be used. Basically this bill would put them in conformance with what they are doing.

SENATOR STEVE OGDEN: All right. Well, thank you for the debate, Senator. I just fundamentally disagree. I think this is going to be counterproductive.

SENATOR JUDITH ZAFFIRINI: Well, I disagree with you, Senator, I think it is a very good bill. As I said, I didn't write it, had I been the author it might have been different. It's a House bill. It's my understanding it was requested by the agency and they deserve our support especially after we slashed their budget. Mr. President, I move suspension.

SENATOR KEVIN ELTIFE: Thank you, Senator Zaffirini. Thank you, Senator Ogden. Senator Zaffirini moves suspension of the regular order of business to take up and consider House Bill 753. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 28 ayes, two nays, the rule is suspended. The Chair lays out on second reading House Bill 753. The secretary will read the caption.

PATSY SPAW: House Bill 753 relating to the recruitment and retention of certain caseworkers employed by the Department of Family and Protective Services.

SENATOR KEVIN ELTIFE: The following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 1 by West.

SENATOR KEVIN ELTIFE: Senator West to explain the amendment.

SENATOR ROYCE WEST: Thank you very much, Mr. President and members. This amendment is the Texas Senate Bill 681 which passed the Senate unanimously on April 26th. That bill creates a task force to save the state money by improving the process by which we assess children in the child welfare system. The bill is currently in the House calendar and as we all know the calendar can get pretty long at the end of the session, so I'm just trying to hitch a ride on this House bill.

SENATOR KEVIN ELTIFE: Senator Zaffirini on floor amendment No. 1.

SENATOR JUDITH ZAFFIRINI: The amendment is acceptable to the author, Mr. President.

SENATOR KEVIN ELTIFE: Senator West moves adoption of floor amendment No. 1. It is acceptable to Senator Zaffirini. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Senator Zaffirini is recognize for a motion.

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

SENATOR KEVIN ELTIFE: Senator Zaffirini moves passage to third reading. Is there objection? Chair hears none, House Bill 753 is passed to third reading. Senator Zaffirini, you're 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 KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 29 ayes, two nay, the bill is passed to third reading. The Chair lays out on third reading and final passage House Bill 753. The secretary will read the caption.

PATSY SPAW: House Bill 753 relating to the recruitment and retention of certain caseworkers.

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

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

SENATOR KEVIN ELTIFE: Senator Zaffirini moves final passage of House Bill 753. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 29 ayes, two nays, House Bill 753 is finally passed. Congratulations, Senator Zaffirini.

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

LT. GOVERNOR DAVID DEWHURST: Members just for planning purposes, I thought we'd try and pass six, seven, eight more bills stop, before 10:00, come back in at 10:00 clock tomorrow morning just for planning purposes and be out by 3:00 unless you want to work longer. Okay? All right. You want to work all night? We'll keep Senator Whitmire here.

SENATOR KEVIN ELTIFE: Senator Hinojosa. Thank you. Senator Hinojosa, you're recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 1818.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. Senate Bill -- I move to suspend the regular order of business to take up and consider Committee Substitute House Bill six -- I'm sorry --

SENATOR KEVIN ELTIFE: Committee Substitute to House Bill 1818 Senator Hinojosa.

SENATOR JUAN HINOJOSA: 1818. They changed the bill on me, Mr. President, okay.

SENATOR KEVIN ELTIFE: Sorry about that.

SENATOR JUAN HINOJOSA: This is the sunset bill for the Texas Affordable Housing Corporation. The State Affordable Housing Corporation is a self sustaining not for profit corporation that helps Texans sustain housing and the corporation did not require any general revenue to operate any of its programs and does not receive any state appropriations. To achieve admissions, the corporation issues bonds. It provides loans to affordable housing developers to seek private funds to help (inaudible) affordable housing. The recommendations made by the sunset managers is to continue the State Affordable Housing Corporation for 12 years, it changes the board's composition to ensure that the interest of a nonprofit corporation and a family service corporation are represented on the board and the bill gives additional power to the corporation to have the ability to ensure most the family and rental property, the developer provides safe housing. It also requires the corporation to annually (inaudible) annual information on corporation goals and loans to the Texas legislature and it also increases enforcement provisions in most family development contracts. And Mr. President and members, I move suspension pension of the regular order of business to take up and consider Committee Substitute to House Bill 1818.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves suspension of the regular order of business to take up and consider House Bill 1818 Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 1818. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1818 relating to continuation and functions of the Texas State Affordable Housing Corporation.

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

PATSY SPAW: Floor amendment No. 1 by Seliger.

SENATOR KEVIN ELTIFE: Senator Hinojosa to explain the Seliger amendment.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. This amendment by Senator Seliger is acceptable to me. What it does it provides greater flexibility for smaller cities that have units of 150 or fewer and not required to appoint tenants for the position of commissioner and this provision is permissive. And I move adoption.

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

SENATOR JUAN HINOJOSA: I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 1818 is passed to third reading. Senator Hinojosa, you're recognized for a motion to suspend the constitutional three they rule.

SENATOR JUAN HINOJOSA: I so move.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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 1818. The secretary will read the caption.

PATSY SPAW: House Bill 1818 relating to the continuation and functions of the Texas Affordable Housing Corporation.

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

SENATOR JUAN HINOJOSA: Mr. President and members, I move final passage.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves final passage of Committee Substitute to House Bill 1818. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute to House Bill 1818 is finally passed. Congratulations, Senator Hinojosa.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Senator Estes, you're recognized for a motion to suspend the regular order of business on House Bill 2742.

SENATOR CRAIG ESTES: Thank you, Mr. President. This is House Bill 2742. Members, this bill amends the definition of a person in the business of structural pest control to include an individual who offers to perform or advertises for services related to pest control. This bill reinstates language by the occupations code that was inadvertently left out during the sunset review process. So Mr. President, I move to suspend the constitutional order of business and the Senate's regular order of business to take up and consider at this time House Bill 2742.

SENATOR KEVIN ELTIFE: Senator Estes moves to suspend the regular order of business to take up and consider House Bill 2742. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 2742. The secretary will read the caption.

PATSY SPAW: House Bill 2742 relating to the business of structural best control.

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

SENATOR CRAIG ESTES: I move passage to third reading, Mr. President.

SENATOR KEVIN ELTIFE: Senator Estes moves passage to third reading. Is there objection? Chair hears none, House Bill 2742 is passed to third reading. Senator Estes, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR CRAIG ESTES: So moved, Mr. President.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, no nays, the rule is suspended. The Chair lays out on third reading and final passage of House Bill 2742. The secretary will read the caption.

PATSY SPAW: House Bill 2742 relating to the business of structural pest control.

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

SENATOR CRAIG ESTES: Mr. President, I move final passage of House Bill 2742.

SENATOR KEVIN ELTIFE: Senator Estes moves final passage of House Bill 27426789 The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the bill is finally passed. Congratulations, Senator Estes.

SENATOR CRAIG ESTES: Thank you, Mr. President and Senator Lucio, thank you very much.

SENATOR KEVIN ELTIFE: Senator Estes thanks everyone. Senator Hegar, you're recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 1951.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. House Bill 1951 is a sunset bill for the Texas Department of Insurance. Department of Insurance was up for review last session. The department passed the Senate, the sunset bill passed the Senate but died in the House. As a result the legislature reauthorized the agency for two years but sunset to a limited scope rereview by the sunset staff and sunset advisory commission. The limited review only addressed the appropriateness of the recommendations printed -- presented to the 81st legislature for consideration last session. House Bill 1951 does, however, include two provisions which were added to the TDI sunset bill last session on the Senate floor and continue to be relevant this session. Such as No. 19 sunset date for TDI was moved from 12 to six years? Second, the second amendment we put on was to help protect better Texas consumers by increasing the interest penalty by insurers writing residential property and personal automobile insurance in Texas must pay if a rate in effect is deemed to be excessive or unfairly discriminatory. The bill more specifically recommends the commission approve No. 1 to fully implement the file in use system adopted by the legislature in '03 and two to bring transparency and predictability to a system to redefine TDI and contract its use of various regulatory tools. The House Bill requires the department to strengthen oversight of insurers to define the result of placing prior approval. It requires the department to evaluate the need for insurers to remain under prior approval and articulate the processes for returning out of file and use. It also requires the department to collect and publish regulated information regarding the process of personal automobile and residential property claims to make sure insurers are properly and fully meet the obligations to consumers and also require the department to conduct a study on the way to find and improve access to residential property insurance for individuals living in under served area. The bill deals with requiring commissioner to assess what information is needed to promulgate title insurance rates every five years, advisory committees -- five advisory commissions were abolished and instead the commissioner was given advisory to advisory committees and u rule. Also the House bill gives the state fire marshal House at TDI the rules to improve inspections, do a risk based approach for both state owned and state leased building. Also lastly the House bill clarifies provision in the insurance code to clearly permit the use of the commerce transaction if agreed to by the parties. This change brings Texas into the 21st century and makes insurance transactions easier for consumers. And Mr. President and members that have questions I'll be happy to yield, otherwise I would move to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 1951.

SENATOR KEVIN ELTIFE: Senator Davis, for what purpose?

SENATOR GLENN HEGAR: I yield.

SENATOR WENDY DAVIS: To ask some questions -- thank you, Senator Hegar.

SENATOR GLENN HEGAR: Gladly.

SENATOR WENDY DAVIS: Of course, as you know, there were some amendments that were added to the TDI sunset bill over on the House side.

SENATOR GLENN HEGAR: Yes, ma'am.

SENATOR WENDY DAVIS: And I want to make sure we have a conversation about some of those, a number of us had concerns about just to hear your intention in terms of what would happen in a conference situation so we don't have to be concerned that those will be added to the sunset bill. One of those was an amendment added by Representative Anderson relating to gifts grants and donations for educational purposes and what it would have done was allowed the Texas Department of Insurance to accept gifts to enable employees of the education to participate in educational activities and there was a concern that that would open up employees of the association to some possible unethical situations and want to make sure we have your commitment that that's not something you would allow back in the conference committee process.

SENATOR GLENN HEGAR: No, I certainly do not want to encourage unethical behavior and I certainly don't want to encourage that through this piece of legislation and I looked through the amendments and that was one I did not necessarily care for myself.

SENATOR WENDY DAVIS: And then also, Senator Hegar, amendment No. 15 in the House which was added by Representative Burkett.

SENATOR GLENN HEGAR: Yes.

SENATOR WENDY DAVIS: Related to disputes that were subject to alternative dispute resolution and it would have forced policyholders into arbitration or mediation to prevent them from seeking a remedy in court and I want to make sure it's not your intention --

SENATOR GLENN HEGAR: Yeah, that was clearly outside of the intent of sunset provision that we brought forward and that's particularly one that caught my attention.

SENATOR WENDY DAVIS: Thank you, Senator Hegar. And also amendment No. 40 it was added by Representative Smithee, it would have amended limit amount of damages to terms of a policy which would have prevented a policyholder from ever being able to be made hold and it removes certain consumer protection that are currently in place in the Texas Department of Insurance rules and regulations.

SENATOR GLENN HEGAR: That's another one that I'm sitting here looking at my list, and you're going down the same ones that I'd identified. Keep going.

SENATOR WENDY DAVIS: And then I just have one more that I want to ask you about.

SENATOR GLENN HEGAR: Yes, certainly.

SENATOR WENDY DAVIS: It's amendment No. 43 that was added by Representative --

SENATOR GLENN HEGAR: Hancock.

SENATOR WENDY DAVIS: -- Hancock and it places a blanket limitation period on all causes resulting from insurance claims which would have shortened existing periods in statute and put policyholders at a disadvantage in terms of the time period in which they could make a claim.

SENATOR GLENN HEGAR: Yeah, you and I share alike that those amendments I do not think actually benefit the bill but they detriment the legislation and that's something I don't have any interest whatsoever bringing back to this Senate floor.

SENATOR WENDY DAVIS: Thank you, Senator Hegar, I appreciate that.

SENATOR GLENN HEGAR: Thank you, Senator Davis, I appreciate your questions.

SENATOR KEVIN ELTIFE: Thank you, Senator Davis. Senator Hegar moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 1951. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 1951. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1951 relating to continuation and operation of the Texas Department of Insurance.

SENATOR KEVIN ELTIFE: Floor amendment No. 1. Secretary would please read the amendment.

PATSY SPAW: Floor amendment No. 1 by Davis.

SENATOR KEVIN ELTIFE: Senator Davis to explain the amendment.

SENATOR WENDY DAVIS: Thank you, Mr. President. I would refer to this amendment as preapproval lite. It's the light version of preapproval. Of course, you know that a number of years ago in the state of Texas we moved to a file and use system where insurers file their rates and many immediately begin the opportunity to use those rates. We've had some problems where the insurance commissioners tried to then subsequently come back and tell an insurer that their rate was improper and get them to peel those back and in fact there's been ongoing litigation with State Farm over several years over one of those, and it's my concern and a concern of a number of our colleagues and consumers that file and use simply isn't working as it was intended to use. I call this preapproval lite because it actually requires the insurance commissioner to improve a rate increase within days of a rate filing so an insurance company would at least have the certainty of knowing that a quick decision would be made in terms of whether their rate was approved and it could be used and then it rolls in a provision that's in current law which allows an insurer to then consequently use a higher rate even without approval if they've gotten that initial approval so long as that rate doesn't exceed the lesser of 107.5 percent per rate or 110 percent of any rate used by the insurer in the previous ten-month period. And then finally it also allows for an insurer to request a hearing upon a disapproved rate increase. I would move adoption of floor amendment No. 1.

SENATOR KEVIN ELTIFE: Senator Hegar on floor amendment No. 1.

SENATOR GLENN HEGAR: Thank you, Mr. President. Thank you, Senator Davis, I appreciate you bringing the discussion on, I think you called it prior approval lite here. You know, since the last legislative session all companies are back in file and use now. We don't actually have any companies in the prior approval system. In 2003 when the legislation was passed we moved from a prior approval decision which prior to that was a benchmark system and in '03 we transitioned slowly over time to a file and use system. And what this legislation does it actually strengthens the law significant for consumers in the state of Texas because it does a couple of things, one it better identifies how companies gets back out of prior approval and actually move them back into prior approval. So the commissioner actually has in hand the companies to put into prior approval. Whenever you have situations that they are regular, either excessive rate or either inadequate rates or even unfairly discriminatory against certain consumers here in the Texas and also the penalty provision in this bill which is one of the amendments we added last session significant strengthens and discourages companies from actually filing rates and not taking that back out when the commissioner approves that rate. And with all due respect, I am looking at all the different stakeholders, prior approval is not necessarily a system that (inaudible) and I think the balance we've created in this legislation gives tools to the commissioner to better enforce and protect the consumers in the Texas. And with all due respect I would my that we table floor amendment No. 1.

SENATOR KEVIN ELTIFE: Senator Davis to close.

SENATOR WENDY DAVIS: Thank you, Mr. President. I do appreciate the opportunity to strengthen file and use as has been done in the current sunset bill. My concern is that even with a stronger provisions in place and even with the enhanced penalties that were approved on the Senate floor last session we still have a problem where our consumers really don't have the full benefit of an insurance commissioner being able to approve a rate prior to the company using that rate in the state of Texas and for that reason I would respectfully ask a vote of no on the motion to table floor amendment No. 1.

SENATOR KEVIN ELTIFE: Members, the motion is to table floor amendment No. 1 by Hegar. The secretary will call the roll.

SENATOR KEVIN ELTIFE: Eighteen ayes, 12 nay, motion to table prevails. Thank you, Senator Davis.

SENATOR WENDY DAVIS: Thank you, Mr. President.

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

PATSY SPAW: Floor amendment No. 2 by Davis.

SENATOR KEVIN ELTIFE: We'll make sure everybody has the amendment in their hands. Floor -- Senator Davis to explain floor amendment No. 2.

SENATOR WENDY DAVIS: Thank you, Mr. President. Senators Birdwell and Rodriguez and I hope you appreciate and support my floor amendment No. 193 of the day.

SENATOR KEVIN ELTIFE: I believe it was 271, Senator Davis.

SENATOR WENDY DAVIS: Mr. President and members, this floor amendment really is -- we're doing to try to be helpful to the current Department of Insurance and it would require that insurers file with the Department of Insurance a certain amount of information in order to receive a decision in a more timely way. The required information that would be filed with the department includes rate, rating manuals and actuarial data to determine whether the file to meet applicable statutory standards. This creates a streamlined rate filing process and actually may be helpful to the insurers who are hoping for a speedy resolution of their rate decision as it did for the insurance commissioner and the employees of the Department of Insurance in order to equip them on that decision. I would move adoption of floor amendment number two.

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

SENATOR GLENN HEGAR: Thank you, Mr. President and members. Thank you, Senator Davis. In the sunset bill we've established some goals, we've essentially set a structure by which accomplishes much of what you have set out in this amendment and so I appreciate that this amendment because you're actually setting out many of the things that we've put in the legislation and I'm glad we're thinking much along the same line. The problem that I have with this amendment is it provides less flexibility to the commission, it leaves them trying to figure out what are those parameters that we're trying to set out and for that I would like to leave a little bit more flexibility for the commissioner to set forth what these things would be. And with that, with all due respect, I'd ask to table floor amendment No. 2.

SENATOR KEVIN ELTIFE: Senator Davis to close on floor amendment No. 2.

SENATOR WENDY DAVIS: Thank you, Mr. President, I close. That was my gift to you.

SENATOR KEVIN ELTIFE: Nice. Thank you, Senator Davis. The motion is to table floor amendment No. 2 by Hegar, very short close by Davis. The secretary will call the roll.

SENATOR KEVIN ELTIFE: Twenty ayes, 10 nay, the motion to table prevails. Thank you, Senator Davis.

SENATOR WENDY DAVIS: Thank you, Mr. President.

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

PATSY SPAW: Floor amendment No. 3 by Ellis.

SENATOR KEVIN ELTIFE: We'll make sure the members have the amendment in their hands. Senator Ellis to explain the amendment.

SENATOR RODNEY ELLIS: Thank you, Mr. President. Members, this is an amendment that is acceptable to the author. It will leave children in our state without getting access to health insurance. Since September 2010 federal health reform has prohibited insurers from denying coverage to children based on preexisting conditions. In response many insurers have stopped selling coverage to applicants who are children called child only coverage since the kids are on a policy without the parents. This amendment would allow TDI to adopt rules to increase the availability of coverage to children younger than 19 years of age by establishing an open enrollment period. It will also allow TDI to define and establish rules relating to qualifying events for children so that under certain circumstances children can enroll immediately without having to wait for the next open enrollment period. These qualifying provisions are similar to those that exist today for group coverage and include when children lose access to eligibility for employer based insurance, Medicaid or CHP and upon the birth or adoption of the child. And it is acceptable to Senator Hegar.

SENATOR KEVIN ELTIFE: Senator Hegar on floor amendment No. 3 by Ellis.

SENATOR GLENN HEGAR: Thank you, Mr. President, thank you Senator Ellis, thank you. Members. Senator Ellis, I appreciate you working with us today to actually get this amendment where the commissioner may adopt rules for the emergency base to deal with this issue that came and so it is acceptable to the author and I would move adoption of floor amendment No. 3.

SENATOR KEVIN ELTIFE: Senator Ellis moves adoption of floor amendment No. 3. It is acceptable to Hegar. Is there objection? Chair hears none, floor amount No. 3 is adopted. Thank you, Senator Ellis.

SENATOR RODNEY ELLIS: Thank you.

SENATOR KEVIN ELTIFE: Following amendment. Secretary please read the 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 requires insurers to disclose to consumers the ten most important variables that influence the cost of the premium charge to the insured, specifically the insurer must disclose No. 1 the ten variables with the greatest impact to the premium charge or if an insurer has less than ten variables all of the variables that impact the premium charge to the customer, and secondly any additional variables specified by the commissioner. Each variable must be accompanied by a plain language description, all of this information is disclosed at the time of the rate filings so none of this information is proprietary. Insurers must disclose this information when a policy is issued, renewed and when an offer of replacement is made if the policy is not renewed. The commissioner may require the disclosure of this information at other times if determined by a rule. Now, the variable information must be posted on a WWW.healthinsured.com and I would hope that it would be acceptable to the author.

SENATOR KEVIN ELTIFE: Senator Hegar on the Lucio amendment.

SENATOR GLENN HEGAR: Thank you, Mr. President. Thank you, Senator Lucio. I appreciate you bringing this forward. This amendment is very similar to information that is available currently, discounts that are currently available on healthinsurance.com in a format that did not deal with potential competition issues of giving sensitive information and also I believe that the structure that we have it here is different in a manner enough that it would actually cost consumers money and there's that cost to consumers that would ultimately be passed to consumers. And it's for those two reasons with all due respect, Senator, that I would ask that we table this amendment.

SENATOR KEVIN ELTIFE: Senator Lucio to close.

SENATOR EDDIE LUCIO: Senator Hegar, thank you for your comments. However, quite frankly, it's all about making the market competitive and in doing so having the consumers enjoy lower premiums, so I respectfully ask the members to please vote no on the motion to table, I guess.

SENATOR KEVIN ELTIFE: Members, the motion is by Hegar to floor amendment No. 4. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 19 ayes, 11 nays, the motion to table prevails. The following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 5 by Van de Putte.

SENATOR KEVIN ELTIFE: Senator Van de Putte, you're recognized to explain the amendment.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, this amendment is a little cleanup on the part of the code that deals with a very small insurance agents for things that on the railroad workers and it is a cleanup to make sure that those at less than 40,000 in direct premium don't have to be doubly licensed from one part of the code to the next, and I do think that it is hopefully to acceptable to the author.

SENATOR KEVIN ELTIFE: Senator Hegar on floor amendment No. 5.

SENATOR GLENN HEGAR: Yes, thank you, Mr. President, thank you, members. I do appreciate Senator Van de Putte working with us today and this is a small, very technical type of issue and I appreciate this amendment and it is acceptable to the author.

SENATOR LETICIA VAN DE PUTTE: Thank you, Senator.

SENATOR KEVIN ELTIFE: Senator -- thank you, Senator Van de Putte. Senator Van de Putte moves adoption of floor amendment No.5. It's acceptable to Hegar. Is there objection? Chair hears none, floor amendment No. 5 is adopted. Senator Hegar, you're recognized for a motion.

SENATOR GLENN HEGAR: Thank you, Mr. President. I move passage to Committee Substitute to House Bill 1951 as amended to third reading.

SENATOR KEVIN ELTIFE: Senator Hegar now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 1951 as amended is passed to third reading. Senator Hegar, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR GLENN HEGAR: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, zero nays, rule is suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 1951. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1951 relating to continuation and adoption of the Texas Department of Insurance.

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

SENATOR GLENN HEGAR: Move final passage of Committee Substitute to House Bill 1951 as amended.

SENATOR KEVIN ELTIFE: Senator Hegar now moves final passage of Committee Substitute to House Bill 1951 as amended. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, zero nays, Committee Substitute to House Bill 1951 is finally passed. Congratulations, Senator Hegar. Senator Duncan is recognized for a managers to suspend the regular order of business to take up and consider committee constitute to House Bill 2817.

SENATOR ROBERT DUNCAN: Thank you, Mr. President. Every election cycle presents new situations that often result in the need to clarify or adjust state election laws to allow local jurisdictions more flexibility and direction in the election process. This bill is secretary of state's annual -- we usually do a bill every session just addressing issues that come up, frequently asked questions and things that -- ideas from election officials to make our elections more efficient. This is -- this House bill was a bill that's been through our committee twice, actually embedded very carefully. It was unanimously passed by state affairs committee as both Senate Bill 849 and House Committee Substitute for House Bill 2817. With that explanation, I move suspension of the Senate's regular order of business to take up and consider Committee Substitute for House Bill 2817.

SENATOR KEVIN ELTIFE: Senator Duncan moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 2817. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 2817. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2817 relating to certain election practices and procedures.

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

SENATOR ROBERT DUNCAN: Thank you. I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Duncan moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 2817 is passed to third reading. Senator Duncan is now recognized for a motion to suspend the constitutional three they rule.

SENATOR ROBERT DUNCAN: I now move to suspend the constitutional rule that bills be read on three several days.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, zero nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to House Bill 2817. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2817 relating to certain election practices and procedures.

SENATOR KEVIN ELTIFE: Senator Duncan recognized for a motion.

SENATOR ROBERT DUNCAN: Thank you, Mr. President. I move final passage.

SENATOR KEVIN ELTIFE: Senator Duncan now moves final passage of Committee Substitute to House Bill 2817. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, zero nays, Committee Substitute to House Bill 2817 is finally passed.

SENATOR ROBERT DUNCAN: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Thank you. Congratulations, Senator Duncan. Senator Davis is recognized for a motion to suspend the regular order of business on House Bill 3788.

SENATOR WENDY DAVIS: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider House Bill 3788. House Bill 3788 gives Civil Service Commissions the power to subpoena documents of witnesses necessary to the defense or prosecution of a matter before a Civil Service Commission. Currently the Civil Service Commission did not have the ability to subpoena the cases before them and therefore all of the information regarding a case is not available. Mr. President and members, I will have one minor amendment. I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Davis moves suspension of the regular order of business to take up and consider House Bill 3788. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 3788. The secretary will read the caption.

PATSY SPAW: House Bill 3788 relating to authority of a civil service commission to administer oath and administer subpoenas.

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

PATSY SPAW: Floor amendment No. 1 by Davis.

SENATOR KEVIN ELTIFE: Senator Davis to explain the amendment.

SENATOR WENDY DAVIS: Thank you, Mr. President. The amendment simply changes the word pertinent to relevant so the bill is consistent with other subpoena constitutes and changes the request for a subpoena for 15 days for the hearing rather than ten days before the hearing. This is language that was agreed to by all parties. Mr. President, I move passage of floor amendment No. 1.

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

SENATOR WENDY DAVIS: Thank you, Mr. President. I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Davis now moves passage to third reading. Is there objection? Chair hears none, House Bill 3788 is passed to third reading. Senator Davis, you're recognized for a motion to suspend the constitutional three they rule.

SENATOR WENDY DAVIS: So moved, Mr. President.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: Twenty-six ayes, four nays, the rule is suspended. The Chair lays out on third reading final passage House Bill 3788. The secretary will read the caption.

PATSY SPAW: House Bill 3788 relating to the authority by county Civil Service Commission to administer oath.

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

SENATOR WENDY DAVIS: Thank you, Mr. President. I move final passage of House Bill 3788.

SENATOR KEVIN ELTIFE: Senator Davis now moves final passage of House Bill 3788 as amended. The secretary will call the roll.

SENATOR KEVIN ELTIFE: Twenty-six ayes, four nays, House Bill 3788 as amended is finally passed. Congratulations, Senator Davis.

SENATOR WENDY DAVIS: Thank you, Mr. President and thank you members.

SENATOR KEVIN ELTIFE: Following motion in writing. Secretary read the motion.

PATSY SPAW: Mr. President, I ask unanimous consent for House Bill 1788 relating to capturing reptiles and amphibians by nonlethal means to be withdrawn from the committee on agricultural and rural affairs and rereferred to the committee on international relations and trade, Senator Uresti author, Senator Estes Chair committee from which bill is being withdrawn Senator Lucio Chair committee to which bill is being rereferred.

SENATOR KEVIN ELTIFE: Members, you have heard the motion -- you heard the motion. Is there objection? Chair hears none --

SENATOR RODNEY ELLIS: Mr. President.

SENATOR KEVIN ELTIFE: I think you better hear that motion again. Yes, Senator Ellis.

SENATOR RODNEY ELLIS: What was this -- what did this bill do?

SENATOR KEVIN ELTIFE: I was hoping someone would pay attention.

SENATOR RODNEY ELLIS: Sounds like old snake eyes to me -- a rack for my gambling bill.

SENATOR KEVIN ELTIFE: Madam Secretary would you please read the motion again? It's a very important motion, we've already passed it but you should listen to it.

PATSY SPAW: I ask unanimous consent for House Bill 1788 relating to capturing reptiles and amphibians by nonlethal means to be withdrawn from the committee on agricultural and rural affairs and rereferred to the committee on international relations and trade.

SENATOR KEVIN ELTIFE: That's what you just voted for. Thank you, members. The following motion in writing. Secretary please read the motion. Here's another one, could be important.

PATSY SPAW: Motion in writing, Mr. President, I ask unanimous consent for House Bill 2387 relating to the selection and compensation for the duties of the general counsel to an appraisal district to be withdrawn from the committee on intergovernmental relations and rereferred to the committee on international relations and trade Senator Lucio author, Senator West Chair committee from which bill is being withdrawn Senator Lucio to which bill is being withdrawn.

SENATOR KEVIN ELTIFE: Members, you have heard the motion. Is there objection? Chair hears none, so ordered. Members, the president's desk is clear. Are there any announcements? Senator Harris, you're recognized.

SENATOR CHRIS HARRIS: Members, I move to suspend rule 11.18 so that House bill 971 by Fraser can be heard tomorrow morning in business and commerce committee. Members, also jurisprudence will meet on adjournment tonight.

SENATOR KEVIN ELTIFE: Members, you heard --

SENATOR CHRIS HARRIS: In the Betty king room.

SENATOR KEVIN ELTIFE: Members you heard the motion by Senator Harris. Is there objection? Chair hears none, so ordered. Senator Duncan, you're recognized.

SENATOR ROBERT DUNCAN: I need to come back to me, I'm finding my --

SENATOR KEVIN ELTIFE: Okay. Senator Duncan, we'll come back. Senator Lucio, you're recognized.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. I'd like to move to suspend the 24-hour posting rule in accordance with Senate Rules 11.10 and 11.18 in order for the Senate committee on international relations trade to meet today May the 20th, 2011 immediately upon adjournment at my desk to take up and consider House Bill 1604, House Bill 1788, House Bill 2389 and House Bill 3841.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Lucio. Is there objection? Chair hears none, so ordered. Senator Hinojosa, you're recognized.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. I'd like to remind all the conferees on TxDOT sunset bill that we'll be meeting with the House conferees in the civil rights room right upon adjournment. Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Hinojosa. Senator Duncan, you're recognized.

SENATOR ROBERT DUNCAN: Thank you. Members, many of you I told earlier that we were going to have a state affairs meeting this evening to pass out some pending bills. It's a little late so I'm going to announce that we'll meet in the morning, but first before I do that I would like to 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 tomorrow May 21st at 9:00 a.m. in the Betty King room. That's the Betty King room. House Bill 628, House Bill 2595 and we have some other pending bills that we're hoping to take up. Members, if there's no questions I move suspension.

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

SENATOR ROBERT DUNCAN: Mr. President, some of these bills are pretty important bills and this may be our last chance to get them voted, so we do need to make a quorum and move these bills, so I do appreciate your attendance.

SENATOR KEVIN ELTIFE: Thank you, Senator Duncan. Senator Zaffirini, you're recognized.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. This is an announcement. Tomorrow we'll suspend the appropriate rules so that the Senate higher education committee can meet either upon recess or upon adjournment of the Senate and consider the bills that have now been worked out. We have a couple of the bills that we're working on, it seems that we now have a seven to zero agreement on the content of the bills and we will vote on them tomorrow at my desk. I'll announce the time and place and ask us to suspend the rules at that time. Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Thank you, Senator Zaffirini. Members, are there any other announcements? Senator Williams, you're recognized.

SENATOR TOMMY WILLIAMS: Mr. President, I move to suspend the 24-hour posting rule in accordance with with the Senate rules 11.10 and 11.18 in order for the Senate committee on transportation and homeland security to hear the following bills tomorrow May 21st at 8:30 a.m. in Room E1012. House bill 1517 by Isaac, House bill 2651 by Allen, House Bill 2771 by Smith, House Bill 3422 by Lozano, House Bill 3423 by Lozano and House Bill 2990.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Williams. Is there objection? Chair hears none, so ordered. Thank you, Senator Williams. Senator Whitmire, you're recognized.

SENATOR JOHN WHITMIRE: I'd like to suspend the 24-hour posting and Senate rule 11.10 and 11.18 for criminal justice to meet at my desk.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Whitmire. Is there objection? Chair hears none, so ordered. Members, are there any announcements? If not the Chair recognizes the Dean of the Senate for a highly privileged motion.

SENATOR JOHN WHITMIRE: I'm sorry. I move that the Senate adjourn until 10:00 a.m. tomorrow in memory of Clint and Margaret Formby.

SENATOR KEVIN ELTIFE: Members, Senator Whitmire moves that the Senate adjourn until 10:00 a.m. Saturday May 21st, 2011. Is there objection? Chair hears none, the Senate stands adjourned until 10:00 a.m. Saturday. Thank you, members.

(Adjourned.)