Senate Transcript, March 17, 2011

View March 17's House Transcript

SENATOR ELTIFE: Senate will come to order. Following bills on first reading in reference to committee. Secretary, read the bills.

PATSY SPAW: Senate Bill 454 by Ellis. Relating to improving state energy conservation. To Natural Resources. Senate Bill 457 by Ellis. Relating to minimum efficiency standards for certain products. To Natural Resources. Senate Bill 459 by Seliger. Relating to voluntary assessment by property owners by a municipality to finance, water energy efficiency improvements. To Intergovernmental Relations. Senate Bill 492 by Fraser and Rodriguez. Relating to creation of a distributive solar generation incentive program. To Natural Resources. Senate Bill 552 by Carona. Relating to the creation of energy efficiency coordination council. To Natural Resources. Senate Bill 619 by Rodriguez. Relating to requiring solar panels to be offered by certain builders with new homes. To Business and Commerce. Senate Bill 898 by Carona. Relating to energy efficiency programs in institutions of higher education. To Business and Commerce. Senate Bill 908 by Fraser. Relating to requirements for businesses that offer plastic checkout bags. To Natural Resources. Senate Bill 924 by Carona. Relating to energy efficiency reports from municipal owned utilities and electric cooperatives. To Business and Commerce. Senate Bill 937 by Lucio. Relating to priorities for restoration of electric service following an extended power outage. To Business and Commerce. Senate Bill 940 by Estes. Relating to competition in the electric utility market of certain municipalities. To Business and Commerce. Senate Bill 943 by Carona. Relating to the classification and use of energy storage equipment or facilities. To Business and Commerce. Senate Bill 948 by Davis. Relating to the requirement that electric utilities offer a standard retail service package. To Business and Commerce. Senate Bill 950 by Davis. Relating to retail electric provider customer choice information. To Business and Commerce. Senate Bill 979 by Carona. Relating to energy efficiency market emission credit reduction program. To Natural Resources. Senate Bill 981 by Carona. Relating to the regulation of distributive generation of electricity. To Business and Commerce.

SENATOR ELTIFE: Chair lays out SB41 on second reading. Secretary, read the caption.

PATSY SPAW: Senate Bill 41 relating to the use of restraints --

SENATOR ELTIFE: Senator from Whit -- you okay, Patsy? Okay. Senator from Webb moves passage and engrossment of SB41, is there objection? Chair hears none, the bill is engrossed. Senator from Webb moves that the constitutional three day rules be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes and no nays.

SENATOR ELTIFE: There being 31 ayes and zero nays, the constitutional rule is suspended. Chair lays out SB41 on third reading. Secretary, read the caption.

PATSY SPAW: Senate Bill 41.

SENATOR ELTIFE: Senator from Webb moves final passage of SB41. Secretary, call the roll.

PATSY SPAW: 31 ayes and no nays.

SENATOR ELTIFE: Being 31 ayes and no nays, SB41 is finally passed. Congratulations, Senator from Webb. Chair lays out SB43 on second reading. Secretary, read the caption.

PATSY SPAW: SB43.

SENATOR ELTIFE: Senator from Webb moves passage and engrossment of SB43. Is there objection? Chair hears none, the bill's engrossed. The Senator from Webb moves that the constitutional three day rule be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: Being 31 ayes and zero nays, the constitutional rule is suspended. Chair lays out SB43 on third reading. Secretary, read the caption.

PATSY SPAW: SB43.

SENATOR ELTIFE: Senator from Webb moves final passage of SB43. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, SB43 is finally passed. Chair lays out SB67 on second reading. Secretary, read the caption.

PATSY SPAW: SB67.

SENATOR ELTIFE: Senator from Webb moves passage of engrossment of SB67. Is there objection? Chair hears none, bills engrossed. Senator from Webb moves that the constitutional rule of three days be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, constitutional rule is suspended. Chair lays out SB67 on third reading. Secretary, read the caption.

PATSY SPAW: SB67.

SENATOR ELTIFE: Senator from Webb moves final passage of SB67. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, SB67 is finally passed. Chair lays out SB74 on second reading. Secretary, read the caption.

PATSY SPAW: SB74.

SENATOR ELTIFE: The Senator from Denton moves passage and engrossment of SB74. Is there objection? Chair hears none. The bill is engrossed. The Senator from Denton moves that the constitutional rule of the three day rule be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: 31 ayes and no nays, the constitutional rule is suspended. Chair lays out SB74 on third reading. Secretary, read the caption.

PATSY SPAW: SB74.

SENATOR ELTIFE: The Senator from Denton moves final passage of SB74. Secretary, call the roll.

PATSY SPAW: 31 ayes and no nays.

SENATOR ELTIFE: There being 31 ayes and no nays, SB74 is finally passed. Chair lays out committee substitute SB78 on second reading. Secretary, read the caption.

PATSY SPAW: Committee substitute SB78.

SENATOR ELTIFE: Senator from Denton moves passage and engrossment of substitute SB78. Is there objection? Chair hears none, the bill is engrossed. The Senator from Denton moves that the constitutional rule of three days be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, the constitutional rule is suspended. Chair lays out committee substitute on SB78 on third reading. Secretary, read the caption.

PATSY SPAW: Committee substitute of SB78.

SENATOR ELTIFE: Senator from Denton moves final passage of committee substitute committee substitute of SB78. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, committee substitute SB78 is finally passed. Chair lays out SB79 on second reading. Secretary, read the caption.

PATSY SPAW: SB79.

SENATOR ELTIFE: The Senator from Denton moves passage and engrossment of SB79. Is there objection? Chair hears none, the bill is engrossed. Senator from Denton moves that the constitutional rule of three days be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes and no nays.

SENATOR ELTIFE: There being 31 ayes and no nays, constitutional rule is suspended. Chair lays out SB7 on third reading. Secretary, read the caption.

PATSY SPAW: SB79.

SENATOR ELTIFE: Senator from Denton moves final passage of SB79. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes and no nays, SB79 is finally passed. Chair lays out SB81 on second reading. Secretary, read the caption.

PATSY SPAW: SB81.

SENATOR ELTIFE: Senator from Denton moves passage and engrossment of SB81. Is there objection? Chair hears none, the bill is engrossed. Senator from Denton moves that the constitutional rule of three days be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, the constitutional rule is suspended. Chair lays out SB81 on third reading. Secretary, read the caption.

PATSY SPAW: SB81.

SENATOR ELTIFE: The Senator from Denton moves final passage of SB81. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes and no nays, SB81 is finally passed. Chair lays out SB85 on second reading. Secretary, read the caption.

PATSY SPAW: SB85.

SENATOR ELTIFE: Senator from Denton moves passage and engrossment of SB85. Is there objection? The chair hears none, SB85 is engrossed. Senator from Denton moves that the constitutional three day rule be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, constitutional rule is suspended. The Chair lays out SB85 on third reading. Secretary, read the caption.

PATSY SPAW: SB85.

SENATOR ELTIFE: The Senator from Denton moves final passage of SB85. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes and no nays, SB85 is finally passed. Chair lays out SB118 on second reading. Secretary, read the caption.

PATSY SPAW: SB118.

SENATOR ELTIFE: Senator from Bexar moves passage to engrossment of SB118, is there objection? Chair hears none, the bill's engrossed. Senator from Bexar moves that the constitutional rule of three days be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, the constitutional rule is suspended. Chair lays out SB118 on third reading. Secretary, read the caption.

PATSY SPAW: SB118.

SENATOR ELTIFE: The Senator from Bexar moves final passage of SB118. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, SB118 is finally passed. Chair lays out SB131 on second reading. Secretary, read the caption.

PATSY SPAW: SB131.

SENATOR ELTIFE: The Senator from Bexar moves passage to engrossment of SB131. Is there objection? Chair hears none, the bill's engrossed. Senator from Bexar moves that the constitutional rule of three days be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays the constitutional rule is suspended. Chair lays out SB131 on third reading. Secretary, read the caption.

PATSY SPAW: SB131.

SENATOR ELTIFE: Senator from Bexar moves final passage of SB131. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, SB131 is finally passed. The Chair lays out committee substitute of SB140 on second reading. Secretary, read the caption.

PATSY SPAW: Committee substitute of SB140.

SENATOR ELTIFE: The Senator from Collin moves passage to engrossment of committee substitute of SB140. Is there objection? Chair hears none, the bill's engrossed. Senator from Collin moves that the constitutional three day rule be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, the constitutional rule is suspended. Chair lays out committee substitute on SB140 on third reading. Secretary, read the caption.

PATSY SPAW: Committee substitute SB140.

SENATOR ELTIFE: Senator from Collin moves final passage of committee substitute of SB140. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, committee substitute to SB140 is finally passed. The Chair lays out SB155 on second reading. Secretary, read the caption.

PATSY SPAW: SB155.

SENATOR ELTIFE: Senator from Harris moves final passage to engrossment of SB155. Is there objection? Chair hears none, the bill's engrossed. Senator from Harris moves that the constitutional rule of three days be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, the constitutional rule is suspended. Chair lays out SB155 on third reading, secretary read the caption.

PATSY SPAW: SB55.

SENATOR ELTIFE: The Senator from Harris moves final passage of SB155. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, SB155 is finally passed. The Chair lays out committee substitute 156 on second reading. Secretary, read the caption.

PATSY SPAW: Committee substitute SB156.

SENATOR ELTIFE: The Senator from Harris moves passage to engrossment of committee substitute of SB156. Is there objection? Chair hears none, the bill's engrossed. The Senator from Harris moves the constitutional three day rule be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays the constitutional rule is suspended. Chair lays out committee substitute of SB136 on third reading. Secretary, read the caption.

PATSY SPAW: SB136.

SENATOR ELTIFE: Senator from Harris moves final passage of SB136. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, committee substitute of SB136 is finally passed. Chair lay outs SB176 on second reading. Secretary, read the caption.

PATSY SPAW: SB176.

SENATOR ELTIFE: Senator from Harris moves passage to engrossment of SB176. Is there objection? The bill is engrossed. Senator from Harris moves that the constitutional rule of three days be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, constitutional rule is suspended. The Chair lays out SB176 on third reading. Secretary, read the caption.

PATSY SPAW: SB176.

SENATOR ELTIFE: Senator from Harris moves final passage of SB176. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays SB176 is finally passed. The Chair lays out SB17 on second reading. Secretary, read the caption.

PATSY SPAW: SB179.

SENATOR ELTIFE: Senator from Wichita moves passage to engrossment of SB179. Is there objection? Chair hears none, the bill is engrossed. The Senator from Wichita moves that the constitutional three day rule be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, the constitutional rule is suspended. Chair lays out SB179 on third reading. Secretary, read the caption.

PATSY SPAW: SB179.

SENATOR ELTIFE: The Senator from Wichita moves final passage of SB179. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, SB179 is finally passed. The Chair lays out committee substitute on SB187 on second reading. The secretary will read the caption.

PATSY SPAW: Committee substitute on SB187.

SENATOR ELTIFE: The Senator from Denton moves passage to engrossment of committee substitute of SB187. Is there objection? Chair hears none, the bill is engrossed. The Senator from Denton moves that the constitutional three day rule be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, the constitutional rule is suspended. Chair lays out committee substitute 187 on third reading. Secretary, read the caption.

PATSY SPAW: Committee substitute to SB187.

SENATOR ELTIFE: Senator from Denton moves final passage of committee substitute of SB187. Secretary will call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, committee substitute SB187 is finally passed. Chair lays out SB189 on second reading. Secretary, read the caption.

PATSY SPAW: SB189.

SENATOR ELTIFE: Senator from Denton moves passage to engrossment of SB189. Is there objection? The Chair hears none, the bill is engrossed. Senator from Denton moves that the constitutional rule of three days be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, the constitutional rule is suspended. Chair lays out SB189 on third reading. Secretary, read the caption.

PATSY SPAW: SB189.

SENATOR ELTIFE: Senator from Denton moves final passage of SB19. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, SB189 is finally passed. The Chair lays out committee substitute of SB190 on second reading. The secretary will read the caption.

PATSY SPAW: Committee substitute of SB190.

SENATOR ELTIFE: Senator from Denton moves passage to engrossment of committee substitute to SB190. Is there objection? Chair hears none, the bill is engrossed. Senator from Denton moves that the constitutional three day rule be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, the constitutional rule is suspended. The Chair lays out committee substitute SB190 on third reading. The secretary will read the caption.

PATSY SPAW: Committee substitute of SB190.

SENATOR ELTIFE: Senator from Denton moves final passage of committee substitute of SB190. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, committee substitute 190 is finally passed.

SENATOR URESTI: The Chair lays out Senate Bill 191 constitutional convention second reading. Secretary will read the caption.

PATSY SPAW: SB191.

SENATOR URESTI: The Senator from Denton moves passage to engrossment of Senate Bill 11. Is there objection? The Chair hears none, the bill is engrossed. The Senator from Denton moves that the constitutional rule of three days be suspended. Secretary will call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, the constitutional rule is suspended. Chair lays out Senate Bill 191 on third reading. The secretary will read the caption.

PATSY SPAW: Bill 191.

SENATOR URESTI: The Senator from Denton moves final passage of Senate Bill 191. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, Senate Bill 191 is finally passed. Chair lays out Senate Bill 192 on second reading. Secretary, read the caption.

PATSY SPAW: Senate Bill 192.

SENATOR URESTI: Senator from Denton moves passage to engrossment of Senate Bill 192. Is there objection? Chair hears none, the bill is engrossed. The Senator from Denton moves that the constitutional rule of three days be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays the constitutional rule is suspended. Chair lays out Senate Bill 192 on third reading. The Secretary will read the caption.

PATSY SPAW: Senate Bill 192.

SENATOR URESTI: The Senator from Denton moves final passage of Senate Bill 192. Secretary will call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, Senate Bill 192 is finally passed. The Chair lays out Senate Bill 209 on second reading. The secretary will read the caption.

PATSY SPAW: Senate Bill 209.

SENATOR URESTI: The Senator from Webb moves passage to engrossment of Senate Bill 209. Is there objection? The Chair hears none, the bill is engrossed. The Senator from Webb moves that the constitutional three day rule be suspended. Secretary will call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, the constitutional rule is suspended. Chair lays out Senate Bill 209 on third reading. Secretary, read the caption.

PATSY SPAW: Senate Bill 209.

SENATOR URESTI: Senator from Webb moves final passage of Senate Bill 209. Secretary will call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, Senate Bill 209 is finally passed. Chair lays out Senate Bill 244 on second reading. The secretary will read the caption.

PATSY SPAW: Senate Bill 244.

SENATOR URESTI: Senator from Harris moves passage to engrossment of Senate Bill 244. Is there objection? Chair hears none, the bill is engrossed. Senator from Harris moves that the constitutional three day rule be suspended. Secretary will call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, the constitutional rule is suspended. The Chair lays out Senate Bill 244 on third reading. The secretary will read the caption.

PATSY SPAW: Senate Bill 244.

SENATOR URESTI: The Senator from Harris moves final passage of Senate Bill 244. Secretary will call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, Senate Bill 244 is finally passed. Chair lays out Senate Bill 247. The secretary will read the caption.

PATSY SPAW: Senate Bill 247.

SENATOR URESTI: The Senator from Collin moves passage to engrossment of Senate Bill 247. Is there objection? The Chair hears none, the bill is engrossed. The Senator from Collin moves that the constitutional three day rule be suspended. Secretary will call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, the constitutional rule is suspended. Chair lays out Senate Bill 247 on third reading. Secretary will read the caption.

PATSY SPAW: Senate Bill 247.

SENATOR URESTI: Senator from Collin moves final passage of Senate Bill 247. Secretary will call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, Senate Bill 247 is finally passed. Chair lays out committee substitute SB263. Secretary will read the caption.

PATSY SPAW: Committee substitute to SB263.

SENATOR URESTI: The Senator from Dallas moves passage to engrossment of committee substitute to Senate Bill 263. Is there objection? The Chair hears none, the bill is engrossed. The Senator from Dallas moves that the constitutional three day rule be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, the constitutional rule is suspended. The Chair lays out committee substitute 263 on third reading, the secretary will read the caption.

PATSY SPAW: Committee substitute of Senate Bill 263.

SENATOR URESTI: The Senator from Dallas moves final passage of committee substitute SB263. The secretary will call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, committee statute to Senate Bill 263 is finally passed. Chair lays out Senate Bill 316 on second reading. Secretary will read the caption.

PATSY SPAW: Senate Bill 316.

SENATOR URESTI: Senator from Harris moves passage to engrossment of Senate Bill 316. Is there objection? The Chair hears none. The bill is engrossed. The Senator from Harris moves that the constitutional three day rule be suspended. Secretary will call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, the constitutional rule is suspended. The Chair lays out Senate Bill 316 on third reading. Secretary will read the caption.

PATSY SPAW: Senate Bill 316.

SENATOR URESTI: The Senator from Harris moves final passage of Senate Bill 316. The secretary will call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, Senate Bill 316 is finally passed. Chair lays out committee substitute to Senate Bill 322 on second reading. Secretary, read the caption.

PATSY SPAW: Committee substitute to Senate Bill 322.

SENATOR URESTI: Senator from Dallas moves passage to engrossment of committee substitute of Senate Bill 322. Is there objection? The Chair hears none, the bill is engrossed. Senator from Dallas moves that the constitutional three day rule be suspended. The secretary will call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, the constitutional rule is suspended. Chair lays out committee substitute to Senate Bill 322 on third reading. Secretary, read the caption.

PATSY SPAW: Committee substitute to Senate Bill 322.

SENATOR URESTI: The Senator from Dallas moves final passage of committee substitute of Senate Bill 322. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, committee substitute to Senate Bill 322 is finally passed. The Chair lays out Senate Bill 323 on second reading. The secretary will read the caption.

PATSY SPAW: Senate Bill 323.

SENATOR URESTI: Senator from Dallas moves passage to engrossment of the Senate Bill 323. Is there objection? The Chair hairs none, the bill is engrossed. Senator from Dallas moves that the constitutional three day rule be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, the constitutional three day rule is suspended. Chair lays out Senate Bill 323 on third reading. Secretary will read the caption.

PATSY SPAW: Senate Bill 323.

SENATOR URESTI: Senator from Dallas moves final passage of Senate Bill 323. Secretary will call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, Senate Bill 323 is finally passed. Chair lays out committee substitute to Senate Bill 328 on second reading. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 328.

SENATOR URESTI: Senator from Dallas moves passage to engrossment of committee substitute to Senate Bill 328. Is there objection? The Chair hears none, the bill is engrossed. The Senator from Dallas moves that the constitutional three day rule be suspended. Secretary will call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, the constitutional rule is suspended. The Chair lays out committee substitute to Senate Bill 328 on third reading. Secretary, read the caption.

PATSY SPAW: Committee substitute to Senate Bill 328.

SENATOR URESTI: The Senator from Dallas moves final passage of committee substitute of Senate Bill 328. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, committee substitute to Senate Bill 328 is finally passed. Chair lays out Senate Bill 386 on second reading. The secretary will read the caption.

PATSY SPAW: Senate Bill 386.

SENATOR URESTI: The Senator from Montgomery moves passage to engrossment of Senate Bill 386. Is there objection? Chair hears none, the bill is engrossed. The Senator from Montgomery moves that the constitutional three day rule be suspended. The secretary will call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, the constitutional rule is suspended. Chair lays out Senate Bill 386 on third reading. Secretary, read the caption.

PATSY SPAW: Senate Bill 386.

SENATOR URESTI: Senator from Montgomery moves final passage of Senate Bill 386. The secretary call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, Senate Bill 386 is finally passed. Chair lays out committee substitute to Senate Bill 391 on second reading. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 391.

SENATOR URESTI: Senator from Harris moves passage to engrossment of committee substitute to Senate Bill 391. Is there objection? Chair hears none, the bill is engrossed. Senator from Harris moves that the constitutional three day rule be suspended and the secretary will call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, the constitutional rule is suspended. The Chair lays out committee substitute to Senate Bill 391 on third reading. Secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 391.

SENATOR URESTI: The Senator from Harris moves final passage of committee substitute to Senate Bill 391. Secretary will call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, committee substitute to Senate Bill 391 is finally passed. Chair lays out Senate Bill 396 on second reading. Secretary will read the caption.

PATSY SPAW: Senate Bill 396.

SENATOR URESTI: Senator from Hunt moves passage to engrossment of Senate Bill 396. Is there objection? Chair hears none, the bill is engrossed. Senator from Hunt moves that the constitutional three day rule be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, the constitutional rule is suspended. The Chair lays out Senate Bill 396 on third reading. The secretary will read the caption.

PATSY SPAW: Senate Bill 396.

SENATOR URESTI: The Senator from Hunt moves final passage to Senate Bill 396. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, Senate Bill 396 is finally passed. Chair lays out committee substitute to Senate Bill 416 on second reading. Secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 416.

SENATOR URESTI: The Senator from Hunt moves passage to engrossment of committee substitute to Senate Bill 416. Is there objection? The Chair hears none, the bill is engrossed. Senator from Hunt moves that the constitutional three day rule be suspended. The secretary will call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, the constitutional rule is suspended. The Chair lays out committee substitute to Senate Bill 416 on third reading. Secretary, read the caption.

PATSY SPAW: Committee substitute to Senate Bill 416.

SENATOR URESTI: The Senator from Hunt moves final passage of committee substitute to Senate Bill 416. The secretary will call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, committee substitute to Senate Bill 416 is finally passed. Chair lays out Senate Bill 422 on second reading. Secretary will read the caption.

PATSY SPAW: Senate Bill 422.

SENATOR URESTI: The Senator from Lubbock moves passage to engrossment of Senate Bill 422. Is there objection? The Chair hears none, the bill is engrossed. The Senator from Lubbock moves that the constitutional three day rule be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, the constitutional rule is suspended. The Chair lays out Senate Bill 422 on third reading. The secretary will read the caption.

PATSY SPAW: Senate Bill 422.

SENATOR URESTI: The Senator from Lubbock moves final passage of Senate Bill 422. The secretary will call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR URESTI: There being 31 ayes, no nays, Senate Bill 422 is finally passed.

SENATOR ELTIFE: Chair lays out SB426 on second reading. Secretary, read the caption.

PATSY SPAW: SB426.

SENATOR ELTIFE: Senator from Lubbock moves passage potentate engrossment of SB426. Is there objection? The Chair hears none, the bill is engrossed. The Senator from Lubbock moves that the constitutional three day rule be suspended. Secretary will call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, the constitutional rule is suspended. Chair lays out SB426 on third reading. Secretary, read the caption.

PATSY SPAW: SB426.

SENATOR ELTIFE: Senator from Lubbock moves final passage of SB426. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, SB426 is finally passed. Chair lays out SB428 on second reading. Secretary, read the caption.

PATSY SPAW: SB428.

SENATOR ELTIFE: Senator from Harris moves passage to engrossment of SB428. Is there objection? The Chair hears none, the bill is engrossed. Senator from Harris moves that the constitutional three day rule be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, the constitutional rule is suspended. The Chair lays out SB428 on third reading. Secretary, read the caption.

PATSY SPAW: SB428.

SENATOR ELTIFE: Senator from Harris moves final passage of SB428. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, SB428 is finally passed. Chair lays out SB436 on second reading. Secretary, read the caption.

PATSY SPAW: SB436.

SENATOR ELTIFE: Senator from Denton moves passage to engrossment of SB436. Is there objection? The Chair hears none, the bill is engrossed. Senator from Denton moves to suspend the constitutional three day rule. Secretary will call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, the constitutional rule is suspended. Chair lays out SB436 on third reading. Secretary will read the caption.

PATSY SPAW: SB436.

SENATOR ELTIFE: Senator from Denton moves final passage of SB436. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, SB436 is finally passed. Chair lays out committee substitute SB472 on second reading. Secretary, read the caption.

PATSY SPAW: Committee substitute to SB472.

SENATOR ELTIFE: Senator from Dallas moves passage to engrossment of committee substitute of SB472. Is there objection? The Chair hears none, the bill is engrossed. The Senator from Dallas moves that the constitutional three day rule be suspended. Secretary, call the roll.

PATSY SPAW: 30 ayes, one nay.

SENATOR ELTIFE: There being 30 ayes, one nay, the constitutional rule is suspended. Chair lays out committee substitute to SB472 on third reading. Secretary, read the caption.

PATSY SPAW: SB472.

SENATOR ELTIFE: The Senator from Dallas moves final passage of SB472. Secretary, call the roll.

PATSY SPAW: 30 ayes, one nay.

SENATOR ELTIFE: There being 30 ayes and one nay, committee substitute SB472 is finally passed. Chair lays out SB489 on second reading. Secretary will read the caption.

PATSY SPAW: SB489.

SENATOR ELTIFE: Senator from (inaudible) moves passage to engross of SB489. Is there objection? Chair hears none, the bill is engrossed. Senator from (inaudible) moves that the constitutional three day rule be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, the constitutional rule is suspended. Chair lays out SB489 on third reading. Secretary, read the caption.

PATSY SPAW: SB489.

SENATOR ELTIFE: Senator from (inaudible) moves final passage of SB489. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, SB48 is finally passed. Chair lays out SB508 on second reading. Secretary, read the caption.

PATSY SPAW: SB508.

SENATOR ELTIFE: The Senator from Cameron moves passage to engrossment of SB508. Is there objection? Chair hears none, the bill is engrossed. The Senator from Cameron moves that the constitutional three day rule be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, constitutional rule is suspended. Chair lays out SB508 on third reading. Secretary, read the caption.

PATSY SPAW: SB508.

SENATOR ELTIFE: The Senator from Cameron moves final passage of SB508. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, SB although is finally passed. The Chair lays out SB509 on second reading. Secretary, read the caption.

PATSY SPAW: SB509.

SENATOR ELTIFE: The Senator from Cameron moves passage to engrossment of SB509. Is there objection? The Chair hears none, the bill is engrossed. The Senator from Cameron moves that the constitution three day rule be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, the constitutional rule is suspended. Chair lays out SB509 on third reading. Secretary will read the caption.

PATSY SPAW: SB509.

SENATOR URESTI: Senator from Cameron moves final passage of SB509. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, SB509 is finally passed. The Chair lays out committee substitute to SB510 on second reading. The secretary will read the caption.

PATSY SPAW: Committee substitute to SB510.

SENATOR ELTIFE: The Senator from Bexar moves passage to engrossment of committee substitute to SB510. Is there objection? The Chair hears none, the bill is engrossed. Senator from Bexar moves the constitutional three day rule be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, the constitutional rule is suspended. The Chair lays out committee substitute to SB510 on third reading. Secretary, read the caption.

PATSY SPAW: Committee substitute to SB510.

SENATOR ELTIFE: Senator from Bexar moves final passage of committee substitute to SB510. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, committee substitute SB510 is finally passed. Chair lays out SB528 on second reading. Secretary will read the caption.

PATSY SPAW: SB528.

SENATOR ELTIFE: Senator from Harris moves passage to engrossment of SB528. Is there objection? The Chair hears none, the bill is engrossed. Senator from Harris moves that the constitutional three day rule is suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, the constitutional rule is suspended. The Chair lays out SB528 on third reading. Secretary, read the caption.

PATSY SPAW: SB528.

SENATOR ELTIFE: Senator from Harris moves final passage of SB528. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, SB528 is finally passed. Chair lays out SB539 on second reading. Secretary, read the caption.

PATSY SPAW: SB539.

SENATOR ELTIFE: Senator from Dallas moves passage to engrossment of SB539. Is there objection? The Chair hears none, the bill is engrossed. The Senator from Dallas moves that the constitutional three day rule be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, the constitutional rule is suspended. The Chair lays out SB539 on third reading. Secretary, read the caption.

PATSY SPAW: SB539.

SENATOR ELTIFE: Senator from Dallas moves final passage of SB539. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, SB539 is finally passed. The Chair lays out SB735 on second reading. Secretary, read the caption.

PATSY SPAW: SB735.

SENATOR ELTIFE: The Senator from Dallas moves page to engrossment of SB735. Is there objection? The Chair hears none, the bill is engrossed. The Senator from Dallas moves the constitutional three day rule be suspended. The secretary call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, the constitutional rule is suspended. The Chair lays out SB735 on third reading. Secretary, read the caption.

PATSY SPAW: SB735.

SENATOR ELTIFE: Senator from Dallas moves final passage of SB735. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, SB735 is finally passed. The Chair lays out SB747 on second reading. Secretary, read the caption.

PATSY SPAW: SB747.

SENATOR ELTIFE: Senator from Dallas moves passage to engrossment of SB747. Is there objection? The Chair hears none, the bill is engrossed. Senator from Dallas moves that the constitutional three day rule be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, the constitutional rule is suspended. The Chair lays out SB747 on third reading. The secretary will read the caption.

PATSY SPAW: SB747.

SENATOR ELTIFE: Senator from Dallas moves final passage of SB747. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, SB747 is finally passed. Chair lays out committee substitute to SB748 on second reading. Secretary, read the caption.

PATSY SPAW: Committee substitute to SB748.

SENATOR ELTIFE: Senator from Dallas moves passage of to engrossment of committee substitute to SB748. Is there objection? The Chair hears none, the bill is engrossed. The Senator from Dallas moves that the constitutional three day rule be suspended. The secretary will call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, the constitutional rule is suspended. Chair lays out committee substitute to SB748 on third reading. Secretary, read the caption.

PATSY SPAW: Committee substitute to SB748.

SENATOR ELTIFE: Senator Dallas moves final passage of committee substitute SB748. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, the committee substitute to SB748 is finally passed. The Chair lays out committee substitute SB796 on second reading. Secretary, read the caption.

PATSY SPAW: Committee substitute to SB796.

SENATOR ELTIFE: Senator from Denton moves passage to engrossment of committee substitute to Senate Bill 796. Is there objection? Chair hears none, the bill is engrossed. Senator from Denton moves that the constitutional three day rule be suspended. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, the constitutional rule is suspended. The Chair lays out committee substitute to SB796 on third reading. Secretary, read the caption.

PATSY SPAW: SB796.

SENATOR ELTIFE: Senator from Denton moves final passage of committee substitute 76. Secretary, call the roll.

PATSY SPAW: 31 ayes, no nays.

SENATOR ELTIFE: There being 31 ayes, no nays, committee substitute to SB796 is finally passed. The Chair lays out SCR5. The secretary will read the caption.

PATSY SPAW: SCR5.

SENATOR ELTIFE: The Senator from Hidalgo moves adoption of SCR5. Is there objection? The Chair hears none, SCR5 is adopted. Pursuant to a motion previously adopted, the Senate stands adjourned until 10:00 a.m. (Adjourned.)

SENATOR OGDEN: The 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 OGDEN: All right. A quorum is present. All on the floor and in the gallery please rise for the invocation to be delivered by Pastor Mark Dennison, First Baptist Church of Conroe.

PASTOR: Would you pray with me? Our loving and generous Father, we step into Your presence today with a sense of awe and reverence. We know that You care uniquely about the affairs of our world and country and our state. We pray for Your divine inspiration and leadership of those in the divine office. But today we especially lift up our state government in this great body in particular. For our elected representatives we pray for an unusual endowment of insights and wisdom as they wrestle with the difficult issues of difficult times. May they seek You in every decision. Give to them a fresh vision and unity of purpose. Forgive us for the mistakes of the past and may Your light guide our steps of tomorrow. And now, Father, we pray that your richest blessings would fall upon this great state of Texas for leaders and our citizens. Thank you for the opportunities of this state to lead, to inspire, to work together and to follow Your will. We offer this prayer in the name of Christ, our Savior and our Lord. Amen.

SENATOR OGDEN: Thank you, Pastor. Those in the gallery may be seated. The Chair recognizes Senator Nichols to introduce the pastor of the day.

SENATOR NICHOLS: Thank you, Mr. President. Mr. President and members, it's my honor to recognize Dr. Mark Dennison who gave the prayer this morning. He's the pastor of the First Baptist Church in Conroe, has been for about a year, he sits on the board of the Houston Baptist University. Mark and his wife Beth have one son. We are very honored that you are here. Please give him a big welcome. Thank you.

SENATOR OGDEN: Thank you, Pastor. Senator Whitmire moves to dispense for the readings of yesterday's journal. Is there objection? The Chair hears none, it's so ordered. Following message from the governor. The secretary will read the message.

PATSY SPAW: To the Senate of the 82nd Legislature Regular Session. I ask the advice, consent, and confirmation of the Senate with respect to the following appointments. To be a member of the Texas Board of Nursing, Deborah H. Bell, Tuscola; Mary M. LaBeck, Weatherford; Beverly M. Newton, Bryan; V. Kathleen Ship, Lubbock. To be members of the Department of Information Resources, Phillip Keith Morrow, South Lake; and Wanda Roan, San Antonio. Respectfully submitted, Rick Perry, Governor of Texas. To nominations.

SENATOR OGDEN: The Chair lays out the following resolution. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 535 joining the citizens of the Uvalde in celebrating Uvalde Day at the State Capitol. By Uresti.

SENATOR OGDEN: The Chair recognizes Senator Uresti on the resolution.

SENATOR URESTI: Thank you, Mr. President. And members. Good morning, please join me in welcoming a distinguished group of visitors as we celebrate Uvalde County Day here at the Capitol. Uvalde County is one of the most beautiful places in Texas. With just one visit you understand why one of its towns is called Utopia. People have been attracted to this part of Texas for a long time and we have evidence of human habitation going back some 9,000 years. Uvalde County also has a long reputation for producing state and national leaders. John Nance Garner was speaker of the U.S. House and Vice President of the United States after serving as a county judge and here in the Texas Legislature. And, of course, we all know that last year we lost a great Texan. Former governor Goff Brisco. Governor Brisco was a life long resident of Uvalde County and a faithful steward of its land. So it is with the warmest of hearts that we welcome his friends and neighbors to the Capitol today. Uvalde has a rich history that truly reflects our images and perceptions of early Texas. Fort Ing was established in 1889 to repress Indian attacks along the international border of Mexico, and the county itself was formally organized in 1855. Its location and people played a role in Texas independence and development -- its development into a state. Uvalde County thrives today as a center of agriculture, ranching and tourism in its region. And the city of Uvalde is a center of education, commerce and the arts. Members, on the floor today we have Kelly Garrett, incoming president of the Uvalde Chamber of Commerce; Hector Gonzales, dean of the Southwest Texas Junior College; Rachel Gonzales Hanson, executive director of Our Health; William Mitchell, the Uvalde County judge; Cody Smith, mayor of Uvalde. And in the gallery, if y'all would please stand, we have some special guests as well. Members, please help me welcome our guests to the Capitol and support me in the resolution for Uvalde County Day.

SENATOR OGDEN: The Chair recognizes Senator Zaffirini on the resolution.

SENATOR ZAFFIRNI: Thank you, Mr. President. Mr. President and members, it is my pleasure to join my friend and colleague Senator Uresti in welcoming his constituents, my former constituents from Uvalde to the Texas Senate. Senator Uresti, I echo your words. This is really a wonderful county with fabulous people in it, and I'm so glad that you're representing them so effectively. Thank you for your leadership in representing these wonderful people. Thank you.

SENATOR OGDEN: Senator Uresti moves adoption of the resolution. Is there objection to the adoption of the resolution? The Chair hears none, the resolution is adopted. Members, we have a memorial resolution. Would you please take your seats. The Chair lays out the following resolution. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 447 in memory of Mundy Ingalls Peale, Jr., of Lake Kiowa. By Estes.

SENATOR OGDEN: Chair recognizes Senator Estes on the resolution.

SENATOR ESTES: Thank you, Mr. President and members. Members, today we honor the memory of a man who I was privileged to call my constituent Mundy Ingalls Peale, Jr., of Lake Kiowa in Cook County. Mundy was born in Evanston, Illinois in 1934. He graduated from Princeton and went on to earn a degree from Harvard Business School. Mundy served in the United States Air force as a pilot and a radar intercept officer. Mr. Peale was a successful and respected business executive with several companies including Ford Motor Company. He helped create the United Space Alliance which partnered with NASA and carried out manned space operations and was chief financial officer there until his retirement there in 1998. Mundy was active both in his community and in his church. With all these accomplishments Mundy Peale was most proud of his wonderful family who we have with us here on the floor today. His wife Pat Peale, Pat is one of my most politically active constituents and she's always willing to let me and many others know of her opinions and it's a pleasure to have here -- her here today and we also have with her Mundy and Pat's children, Mundy, good to see you, Wayland, and Danielle. Thank you for being here and in the gallery we have their beloved grandchildren and other family and friends. Would they stand, please? Thank you. Members, please help me welcome the family of Mundy Ingalls Peale, Jr., to the floor today. Thank you for being at your Texas Senate.

SENATOR OGDEN: Senator Estes moves adoption of the resolution. Is there objection? Chair hears none, the resolution is adopted. The Chair recognizes Senator Watson to introduce the doctor of the day.

SENATOR WATSON: Thank you very much, Mr. President, members, I'm very pleased to introduce our doctor for the day Kelly Joe Alberta who is from my district, he is a faculty and medical -- on the faculty and medical director of the family medicine residency program of the Austin Medical Education programs here in Austin. He is involved with Black Stock Family Health Center, at St. David's Medical Center, Breckenridge Hospital here in Austin, and the Children's Hospital of Austin. He did his obstetrics fellowship in the Austin Medical -- at the Austin Medical Education programs and did a family practice residency up in Billings, Montana where he also served as the chief resident. He is a graduate of the University of Colorado School of Medicine and Montana State University and now, a proud Austinite and Texan. Members, please help me welcome and thank Dr. Alberta for being our physician of the day.

SENATOR OGDEN: Doctor, thank you for your service. Chair announces the signing of the following in the presence of the Senate.

PATSY SPAW: House Concurrent Resolution No. 28, and House Concurrent Resolution No. 10.

SENATOR OGDEN: Members, the -- we have two resolutions left but the people that are being honored for the resolutions are not here. So we're going to conclude the morning call and begin to take up legislation. At an appropriate time before we adjourn, we'll get back to the resolutions. So that concludes the morning call. Senator Williams. The Chair recognizes Senator Williams for a motion to suspend the regular order of business on Senate Bill 160.

SENATOR WILLIAMS: Thank you, Mr. President, members. I move to suspend the Senate's regular order of business in order that we can take up and consider the committee substitute to Senate Bill 160. This bill deals with aggregate operations and the production of sand and aggregate around our state and the TCEQ establishes penalties for people who are operating without proper authorization from the TCEQ. A similar bill passed from this body, 31 to nothing, during the last legislative session, it died over in the House. The only difference between this committee substitute and the version that passed the Senate last session is on page 1, line 40 through 43. It's a new subsection that clarifies that waste management facilities are not included in the definition of aggregate production operations. With that, I move to suspend the Senate's regular order of business.

SENATOR OGDEN: The Chair recognizes Senator Watson for what purpose?

SENATOR WATSON: For question of the author.

SENATOR OGDEN: To ask a question.

SENATOR WATSON: Senator Williams, I'm in favor of this bill and I think it's a good bill, I just wanted to ask a question about the revenue aspect of it. As I understand the way you've got this done is it's a self-leveling fund so if fees are collected to pay for this, it's only the amount of fees necessary to fund the service that is dedicated and supposed to be for it.

SENATOR WILLIAMS: To administer the program, that's correct.

SENATOR WATSON: Part of the reason I ask that is I'm sure you're aware that in this fund there's at least $11 million that was in an unappropriated fund balance that was used for budget certification, instead of going for the dedicated purpose which is to deal with water resource management accounts. What I like about yours is it says if we're going to collect a fee or tax for a specific purpose, we're going to use it for that specific purpose and not then collect additional money. And that's what this does, right?

SENATOR WILLIAMS: I'm glad you like it.

SENATOR WATSON: Good. Thank you. Thank you, Mr. President.

SENATOR OGDEN: Senator Williams moves to suspend the Senate's regular order of business to take up and consider committee substitute to Senate Bill 160. Is there objection? The Chair hears none, the rules are suspended. Chair lays out on second reading committee substitute to Senate Bill 160. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 160 relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality.

SENATOR OGDEN: Chair recognizes Senator Williams for a motion.

SENATOR WILLIAMS: I move passage to engrossment.

SENATOR OGDEN: Senator Williams moves passage to engrossment of committee substitute to Senate Bill 160. Is there objection? Chair hears none, the bill is passed to engrossment. Chair recognizes Senator Williams for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR WILLIAMS: So moved.

SENATOR OGDEN: Senator Williams moves to suspend the three day rule. The secretary will call the roll.

SENATOR OGDEN: Being 30 ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage committee substitute to Senate Bill 160. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 160 relating to regulation of certain aggregate production operations by TCEQ.

SENATOR OGDEN: Chair recognizes Senator Williams for a motion.

SENATOR WILLIAMS: I move final passage.

SENATOR OGDEN: Senator Williams moves final passage of committee substitute to Senate Bill 160. The secretary will call the roll.

SENATOR OGDEN: There being 31 ayes and no nays, the bill is finally passed. Thank you, Senator. The Chair recognizes Senator West for a motion to suspend the regular order of business on Senate Bill 173.

SENATOR WEST: Thank you very much, Mr. President. I move to suspend the Senate's regular order of business to take up and consider at this time Senate Bill 173. Members, Senate Bill 173 is identical to the bill that passed on the local and uncontested calendar last session. Simply put, this bill will assist cities in Texas with addressing substandard and lighted house property. Specifically, this bill makes three changes to existing statute. It allows the city to address violations of the municipal health and safety ordinances in realm, that means against the land. It conforms the municipal receivership statue on one side with existing law and allows the city to appoint an organization or individual to be the receiver or to rehabilitate the property. I move suspension of the regular order of business.

SENATOR OGDEN: Senator West moves to suspend the Senate's regular order of business to take up and consider Senate Bill 173. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading Senate Bill 173. The secretary will read the caption.

PATSY SPAW: Senate bill 173 relating to civil remedy violations of certain municipal health and safety ordinances.

SENATOR OGDEN: Chair recognizes Senator West for a motion.

SENATOR WEST: Move passage to engrossment.

SENATOR OGDEN: Senator West moves passage to engrossment of Senate Bill 173. Is there objection? Chair hears none, Senate Bill 173 is passed to engrossment. Chair recognizes Senator West for a motion to suspend the constitutional rule that rules be read on three separate days -- that bills be read on three separate days.

SENATOR WEST: So moved, Mr. President.

SENATOR OGDEN: Senator West moves to suspend the three day rule. Secretary will call the roll.

SENATOR OGDEN: There being 30 ayes and one nay, the rules are suspended. The Chair lays out on third reading and final passage, the secretary will read the caption.

PATSY SPAW: Senate Bill 173 relating to civil remedy of certain violations of municipal health and safety ordinances.

SENATOR OGDEN: Chair recognizes Senator West for a motion.

SENATOR WEST: Mr. President and members, I move final passage of Senate Bill 173.

SENATOR OGDEN: Senator West moves final passage of Senate Bill 173. The secretary will call the roll.

SENATOR OGDEN: There being 31 ayes and no nays, the bill is finally passed. Thank you Senator. Chair recognizes Senator Seliger for a motion to suspend the regular order of business on Senate Bill 312.

SENATOR SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider Senate Bill 312 at this time relating to the exemption of certain electric cooperatives from certain regulations. What this bill allows an electric cooperative to do is to use a new generation of gasifiered power plants and these would not be in operation when wind farms are operating. But at such times when there's not adequate wind or operate the electrical utility, it allows the co-op to have stored gas nearby to start up the gas turbines. Essentially what this bill does is in small amounts to allow the co-op to store this gas and provide -- to third parties in the short term and very small amounts and without having to become a public utility. The co-ops would still have to follow all the regulations for gas storage of the Texas Railroad Commission, of TCEQ and just simply allows the rapid recovery of small amounts of natural gas. I move suspension.

SENATOR OGDEN: Senator Seliger moves to suspend the Senate's regular order of business to take up and consider Senate Bill 312. Is there objection? Hearing none, the rule is suspended. Chair lays out on second reading Senate Bill 312. The secretary will read the caption.

PATSY SPAW: Senate Bill 312 relating to the exemption of certain electrical cooperatives and certain regulations.

SENATOR OGDEN: Chair recognizes Senator Seliger for a motion.

SENATOR SELIGER: Thank you, Mr. President. I move the passage of Senate Bill 312 to engrossment.

SENATOR OGDEN: Senator Seliger moves passage to engrossment of Senate Bill 312. Is there objection? The Chair hears none, the bill is passed to engrossment. The Chair recognizes Senator Seliger for a motion to suspend the constitutional rule that bills be read on three separate days.

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

SENATOR OGDEN: Senator Seliger moves to suspend the three day rule. The secretary will call roll.

SENATOR OGDEN: Being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Senate Bill 312. Secretary will read the caption.

PATSY SPAW: Senate Bill 312 relating to exemption of certain electric cooperatives and certain regulations.

SENATOR OGDEN: Chair recognizes Senator Seliger on a motion.

SENATOR SELIGER: Mr. President, I move final passage of Senate Bill 312.

SENATOR OGDEN: Senator Seliger moves final passage of Senate Bill 312. The secretary will call the roll.

SENATOR OGDEN: There being 31 ayes and no nays, the bill is finally passed. Thank you, Senator.

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

SENATOR OGDEN: Senator Carona. The Chair recognizes Senator Carona for a motion to suspend the regular order of business on committee substitute to Senate Bill 425.

SENATOR CARONA: Thank you, Mr. President. I do indeed make that motion. Members, this bill is one that deals with certificates of insurance. Certificates of insurance are used to provide evidence of policy information and are commonly used for commercial closings, although they have other applications as well. What this bill does is simply create a new chapter in the insurance code which will standardize the certificate of insurance form used by agents. I move suspension.

SENATOR OGDEN: Senator Carona moves to suspend the Senate's regular order of business to take up and consider committee substitute to Senate Bill 425. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading committee substitute to Senate Bill 425. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 425 relating to property and casualty certificate of insurance.

SENATOR OGDEN: Chair recognizes Senator Jackson, for what purpose?

SENATOR JACKSON: Just to see if Senator Carona will yield.

SENATOR OGDEN: Senator Carona, will you yield for a question?

SENATOR CARONA: Yes, sir, I will.

SENATOR OGDEN: Senator Carona yields.

SENATOR JACKSON: I just have one question, John, and I wasn't able to get to you before the bill came up, is -- I'm trying to be sure the bill deals with people that are buying insurance now, they need a certificate of insurance sent out by their insurance provider?

SENATOR CARONA: Yes, sir.

SENATOR JACKSON: Are we -- they're wanting to start charging to do that now?

SENATOR CARONA: No. This is -- has nothing to do with the charging part at all. The presumption is still they would be sent out free just like the industry does, this is a standard form that all insurance companies would use then, so we don't have agents interpreting what the coverage is on a policy and then trying to fit it into the different forms that are out there. Most of this is actually standardized now, however in order to approve any special form, the Department of Insurance is authorized on a one time basis to charge $100 to take a nonstandard form then and review it and approve it into the system. But that's a charge to the insurance company and that's a nonstandard.

SENATOR JACKSON: Thank you.

SENATOR OGDEN: Senator Carona moves passage to engrossment of committee substitute to Senate Bill 425. Is there objection? Chair hears none, the bill is passed to engrossment.

LT. GOVERNOR DEWHURST: Members, the Chair recognizes Senator Carona for a motion to suspend the constitutional rule that bills be read on three separate days.

SENATOR CARONA: So moved, Mr. President.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Carona. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage the committee substitute to Senate Bill 425. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 425 relating to the property and casualty certificates of insurance.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Carona for a motion.

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

LT. GOVERNOR DEWHURST: Thank you, Senator Carona. Members, you've heard the motion by Senator Carona, the secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, the committee substitute to Senate Bill 425 is finally passed.

SENATOR CARONA: Thank you, Mr. President.

LT. GOVERNOR DEWHURST: Congratulations. Members, if you would, I'm going to ask you to please take your seat. We have a memorial resolution. Madam Secretary, is that green? My goodness it is green. Senator Duncan, is that a green tie? Yes, it is. The Chair lays out -- the Chair lays out the following resolution. Senate Resolution No. 542. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 542 in memory of Elmer Kelton who died on August 22nd, 2009, at the age of 83. By Duncan.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Duncan on the resolution.

SENATOR DUNCAN: Thank you, Mr. President, members. We have a few heroes in life and people that we admire and Elmer Kelton created a lot of those heroes in his many western novels that he is internationally famous for. Elmer Kelton of San Angelo, Texas. We had him on the floor in 1997 and we were honoring him as I think the novelist of Texas. We had a great honor for him that day. I was introduced to him by Rob Jenelle. Elmer Kelton died this summer sadly at 83 years of age. He was one of the most famous writers to ever come from West Texas. He grew up in -- his roots were rich in Texas. His great grandfather came to West Texas in the 1870s on a covered wagon. His father was a foreman and eventually manager of the McElroy Ranch in Crane in Upton County. Elmer decided early that he wasn't going to be very good at cowboying, but he found that he had a passion for writing about them. He entered journalism school at the age of 16 years old at the University of Texas here in Austin. He served our country in Europe as an infantryman during the final moments of World War II, and following the war he returned to Austin to earn his bachelors degree in journalism. He was the farm and ranch editor for the St. Angelo Times. He was the associate director of the Sheep and Goat Raisers Magazine for five years and spent two decades as the editor of Livestock Weekly, which I know many of you get here on this Floor. In 1948 he sold his first story Ranch Romances to Ranch Romances Magazine for $50. In 1955 he accomplished his first novel Hot Iron. He wrote more than 60 books over his lifetime. And members, I've read at least 50 of those 60 books. Senator West, I've given you and you've read the Wolf and the Buffalo which I think is one of the most interesting stories about the tensions in this country following the Civil War with the Native Americans, and the Buffalo soldiers who so ably defended Texas in those times. He had a way of capturing those tensions and made them relevant to our culture today. He wrote The Time It Never Rained, and if you ever read that book, you were thirsty the whole time. It reminds us of the water issues that we have today. It was one of his most famous books, quite frankly. The movie, the television series, The Good Ole Boys were his creation and he has several books that -- or novels concerning that theme that was adopted and everyone is familiar with. I guess if you talk about western writers you think of Louie L'Amour and also you think of Elmer Kelton. So we're going to -- this is a memorial resolution honoring him. And I have his son on the floor today and we would appreciate -- I know his family appreciates this memorial resolution. And if you ever need Elmer Kelton -- if you just need to kind of get away from the world for a while and go back into the old times, go read an Elmer Kelton book. They are the most relaxing and also informative about Texas history because he was a very -- he was very accurate in writing these novels consistent with Texas history. So you'll learn about your state that you represent if you follow the Elmer Kelton novels. Mr. President, I move that the Senate adopt Senate Joint Resolution 542.

LT. GOVERNOR DEWHURST: Thank you, Senator Duncan. Members, you've heard the motion by Senator Duncan. All those in favor please rise. It being unanimous, the resolution is adopted. Senator Rodriguez, are you ready with yours? All right.

SENATOR RODRIGUEZ: Mr. President, good morning. I am.

LT. GOVERNOR DEWHURST: Excellent. The Chair recognizes Senator Rodriguez for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 605.

SENATOR WEST: Mr. President, parliamentary inquiry.

LT. GOVERNOR DEWHURST: State your inquiry.

SENATOR WEST: Does a motion to adjourn take precedent over consideration of his bill?

LT. GOVERNOR DEWHURST: Senator West, it certainly does.

SENATOR WEST: Mr. President, members, I think that we should have a motion to adjourn before we allow this freshman -- I mean, this Senator to present his bill. Senator Nelson, what do you think about that? You second that. So, Mr. President, there's been a motion made and second -- and I don't know whether or not it's a debatable motion or not.

LT. GOVERNOR DEWHURST: It is not a debatable motion.

SENATOR WEST: It is not a debatable motion. But if we decide to do that, then he would not be able to bring his bill up, right?

LT. GOVERNOR DEWHURST: That is exactly correct, Senator West.

SENATOR WEST: All right. Okay. So it takes precedent over his motion. I have a second from my dear friend Senator Nelson. So I want to think about this for a second.

LT. GOVERNOR DEWHURST: It is a big decision. You need to consider it carefully.

SENATOR WEST: Okay. And making this motion I'm trying to figure out why should we allow him to bring his bill up in the first place. It's a fee bill.

LT. GOVERNOR DEWHURST: It is a fee bill.

SENATOR WEST: It is a fee bill. So Senator Rodriguez is bringing a fee bill to the floor. Albeit for it's a worthwhile cause, but I'm trying to figure out in my mind whether we should actually do that or not. So instead of trying to decide if I'm going to withdraw my motion at this time, but a motion to adjourn would take -- even if we're in the middle of discussing his bill, I can raise a motion, I can raise this motion again?

LT. GOVERNOR DEWHURST: Yes, sir, you can or you can raise a motion to postpone the consideration of this bill until a time certain such as midnight this evening.

SENATOR WEST: Midnight this evening. Okay. Well, I want to think about that, and I want to listen to what Senator Rodriguez --

LT. GOVERNOR DEWHURST: The explanations for fee.

SENATOR WEST: Exactly. Then I may want to consider adjourning or postponing this bill to a time certain.

LT. GOVERNOR DEWHURST: Very wise.

SENATOR WEST: I withdraw my motion at this time.

LT. GOVERNOR DEWHURST: Yes, sir, very wise. Senator Nelson, for what purpose do you rise?

SENATOR NELSON: Well, first of all, I withdraw my second, Senator West, until we have a chance to discuss how to deal with this fee bill. I would like to ask a question of the author, please.

LT. GOVERNOR DEWHURST: Will Senator Rodriguez yield?

SENATOR RODRIGUEZ: I yield, Mr. President.

SENATOR NELSON: Senator, is this a bill relating to health and human services?

SENATOR RODRIGUEZ: To the extent that health and human services cases end up in our 8th court of appeals, and some of them do, yes, it is.

SENATOR NELSON: Then why didn't it go through my committee? You're on the health and human services committee, I chair the health and human services committee, you didn't request that this health related bill be sent to the Senate's Health and Human Services Committee?

SENATOR RODRIGUEZ: I did not because I serve on the Jurisprudence Committee, and I thought it would be more favorable to the committee.

SENATOR NELSON: Oh, you serve on the jurisprudence committee. You also serve on the Health and Human Services Committee, but you prioritized the Jurisprudence Committee.

SENATOR RODRIGUEZ: Well, I --

SENATOR NELSON: So that's more important to you than Health and Human Services.

SENATOR RODRIGUEZ: No. With all due respect, Senator Harris chairs the Jurisprudence Committee, and it landed in his committee, so that's where we traveled on this bill.

SENATOR NELSON: I see. And when you made that decision, how did you determine -- did you think about the tie in with Health and Human Services with this bill or did you not think about that until today when you came to me and asked me for my vote?

SENATOR RODRIGUEZ: Frankly not until told, when I asked you for your vote.

SENATOR NELSON: You didn't even think about how it related to Health and Human Services? So do you, Senator, care about Health and Human Services?

SENATOR RODRIGUEZ: Absolutely. That's why I asked Mr. President, the lieutenant governor, to appoint me to the Health and Human Services Committee.

SENATOR NELSON: Oh.

SENATOR RODRIGUEZ: And I was very glad that he did.

SENATOR NELSON: Well, Senator, I don't know, I'm withholding my vote on this bill for now because I am not yet convinced that this actually does tie in with Health and Human Services. I heard your weak explanation on the Floor this morning, but until you convince me, I'm going to have to withhold my vote and I would urge other members to think very carefully about this also. Thank you.

SENATOR RODRIGUEZ: Thank you.

LT. GOVERNOR DEWHURST: Thank you, Senator Nelson. For those of you in the gallery and for the people watching, what we're doing right now on the internet worldwide, this -- worldwide, you may be scratching your head with what we're doing right now, but our friend and colleague Senator Rodriguez, this is his first bill and we won't belabor this much. But we have a good time for about five minutes. Senator Gallegos, for what purpose do you rise, sir?

SENATOR GALLEGOS: Mr. President, parliamentary inquiry.

LT. GOVERNOR DEWHURST: State your inquiry.

SENATOR GALLEGOS: I was reading in some books that El Paso is an extension of Juarez and I'd like to ask the parliamentarian that I know they have appellate courts in Juarez, and if Senator Rodriguez is filing this bill in the right place. And I just want to make sure that, you know, it's not because -- in some of the books I've seen it says El Paso has occupied Juarez, and I just want to make sure he's filing it in the right location, not here or Juarez on this appellate judicial system.

LT. GOVERNOR DEWHURST: Excellent question, jurisdiction. After substantial discussions with the parliamentarian, I think that Senator Rodriguez has filed this bill in the proper jurisdiction.

SENATOR GALLEGOS: Okay. I just wanted to make sure.

LT. GOVERNOR DEWHURST: Excellent, excellent question.

SENATOR GALLEGOS: Thank you.

LT. GOVERNOR DEWHURST: Well, thank you for that. Senator Harris, for what purpose do you rise, sir?

SENATOR HARRIS: Mr. President, I have a parliamentary inquiry.

LT. GOVERNOR DEWHURST: State your inquiry, Senator Harris.

SENATOR HARRIS: Now, Mr. President, if Senator West renewed his motion to set this bill off to a later date and you in your wisdom choose not to do that but continue the bill today, if all of the senators get up and walk out of the room, can you call up for a vote?

LT. GOVERNOR DEWHURST: No. After extensive consultation with the parliamentarian, not having a quorum on the Floor, I would be blocked from calling a vote on this bill, Senator Harris.

SENATOR HARRIS: So you're saying that's one way the Floor can overrule the Chair?

LT. GOVERNOR DEWHURST: In this matter I'm advised that the actions of the senators --

SENATOR HARRIS: What about if we go to New Mexico?

LT. GOVERNOR DEWHURST: I'd rather not respond to that. Senator Deuell, for what purpose do you rise, sir?

SENATOR DEUELL: I have a question for the author.

LT. GOVERNOR DEWHURST: Will Senator Rodriguez yield?

SENATOR RODRIGUEZ: Yes, sir, I yield to Senator Deuell.

LT. GOVERNOR DEWHURST: Aren't you feeling better, Senator Birdwell, that you got your bill out yesterday?

SENATOR DEUELL: Senator Rodriguez, it says here that the clerk of each court will collect the fee and pay it to the county treasurer who would then deposit it in a separate appellate judicial fund for use by the 8th Court of Appeals. Can we trust that county treasurer over there?

SENATOR RODRIGUEZ: Yes, sir, we can.

SENATOR DEUELL: You know them? Personally?

SENATOR RODRIGUEZ: Yeah, personally, I represented him for over 17 years.

SENATOR DEUELL: Represented, what?

SENATOR RODRIGUEZ: As county attorney.

SENATOR DEUELL: Oh, not as defense attorney?

SENATOR RODRIGUEZ: No, sir.

SENATOR DEUELL: Just wondering. Anyway, what will they use that money for?

SENATOR RODRIGUEZ: They're going to use the money to offset the reductions that's going to be made to help balance the budget for education and training for their staff or software to conduct research and for other administrative matters.

SENATOR DEUELL: So we can cut their funding because they'll have this funding even more, right? Senator Ogden, are you paying attention here? I think we found some more money. Okay. You think they'll spend it wisely?

SENATOR RODRIGUEZ: Yes, sir.

SENATOR DEUELL: And do you know Chief Justice David Chu?

SENATOR RODRIGUEZ: Yes, sir. He's a presiding judge, he's chief justice.

SENATOR DEUELL: Did you represent him too in any way?

SENATOR RODRIGUEZ: No.

SENATOR DEUELL: All right. I think I can vote for this bill now that you've explained it. Thank you.

SENATOR RODRIGUEZ: Thank you very much, I appreciate that.

LT. GOVERNOR DEWHURST: But Senator Deuell, what happens if we don't cut the budget on the judiciary, then has this bill found money?

SENATOR DEUELL: Well, they could probably get some new roads or something, I think.

LT. GOVERNOR DEWHURST: All right. Okay. Senator Jackson, for what purpose do you rise?

SENATOR JACKSON: Mr. President, will the gentleman yield?

LT. GOVERNOR DEWHURST: Will Senator Rodriguez yield?

SENATOR RODRIGUEZ: I yield.

SENATOR JACKSON: Thank you. I just had a couple of questions. I noticed that I guess the first time that you even said one word to me about this bill was just about 20 minutes ago and I was walking by and you did what I would call a drive by invitation to have me sign on your green card without even discussing the bill, and then I figured I better start looking at it a little bit. And, you know, the things that bother a lot of people here in this chamber are these $5 fees. Seems like on everything that you do, you got a $5 fee for this, $5 fee for that. Do you have a $5 fee in your legislation; is that correct?

SENATOR RODRIGUEZ: Yes, sir.

SENATOR JACKSON: Okay. What counties will this bill affect?

SENATOR RODRIGUEZ: Pardon me? It affects several counties in the 8th Court of Appeals. And let me tell you, it includes, of course, El Paso County.

SENATOR JACKSON: You have that many pages of counties that it affects?

SENATOR RODRIGUEZ: No, sir. There are 17 counties. Andrews, Brewster, Crane, Crockett, Culberson, El Paso, Hudson, Jeff Davis, Loving, Pebbles, Persidio, Reagan, Revis, Terrell, Upton, Ward, and Winkler Counties.

SENATOR JACKSON: Okay. Crockett county, where is Crockett County?

SENATOR RODRIGUEZ: Crockett County is up there in West Texas.

SENATOR JACKSON: Is that in your district?

SENATOR RODRIGUEZ: No, sir. But the 8th Court of Appeals district jurisdiction expands to all these counties. Extends to them.

SENATOR JACKSON: Okay. So who's going to pay this $5 fee?

SENATOR RODRIGUEZ: This is a fee -- you know, with all due respect, I would refer to it, Mr. President, as nontaxable revenue. It is not a tax, and the lieutenant governor urged us to try to find nontaxable revenue. So I'm doing that in this fee bill that would be imposed by the courts, the commissioner courts in every county on probate court filings in civil courts, county courts and district courts. So the people that are paying this fee are the very people that utilize our appellate system and they ought to be able to pay for the cost of administration of those cases.

SENATOR JACKSON: So your explanation is if it walks like a duck, and it talks like a duck, okay. Well, let me ask one more question. I was looking at the favorable Senate committee report and it seems as though you passed the bill out of Senator Harris' committee without Senator Uresti being there and without Senator Gallegos being there and that just makes me question why you would try to slip that past them and bypassing Senator Nelson's committee. And then I also look and, Mr. President, I want to ask a question because I need to get clarification, this committee report says this bill was recommended for placement on the local and uncontested calendar and it's checked for that box, it doesn't say anything about the Senate Floor. So if I were to call a point of order that the procedure was not followed correctly, what would happen there?

LT. GOVERNOR DEWHURST: Senator Jackson, I'm actually somewhat hesitant to respond to your question. But if you insist, I will because you might kill a lot of your colleagues' bills. But if you insist, I will answer your question.

SENATOR JACKSON: I think I'll just keep that in mind, Mr. President, and we'll save that for Senator Ellis' bills a little bit later on. Thank you.

LT. GOVERNOR DEWHURST: Senator Patrick, for what purpose do you rise? I hope you clarify the statement that was made just a moment ago that although the lieutenant governor has been urging the senators to look for nontax revenue, he didn't have in mind fees, Senator Patrick.

SENATOR PATRICK: Absolutely. Well, Mr. President, thank you. Question, would you yield?

SENATOR RODRIGUEZ: Yes, sir, I yield.

SENATOR PATRICK: First of all, Mr. President, I'm disappointed because when you came and asked me for your vote, you said this was a fee bill.

SENATOR RODRIGUEZ: Yes.

SENATOR PATRICK: Dealing to do with cattle, a feed bill. You didn't say it was a fee bill. So I withdraw -- I withdraw my support and I was wondering why you would take a feed bill dealing with cattle to jurisprudence and now I understand. Do you think you were clear in explaining to me what this bill was about?

SENATOR RODRIGUEZ: Well, I don't recall --

SENATOR PATRICK: You need to hold the mike up higher, we need to hear you.

SENATOR RODRIGUEZ: I don't recall the issue of cattle coming into the picture. We were talking about cases in the judicial appellate system.

SENATOR PATRICK: Cases?

SENATOR RODRIGUEZ: Yes, sir.

SENATOR PATRICK: Okay. So you did not misrepresent this was a feed bill?

SENATOR RODRIGUEZ: I did say it was a nontaxable revenue fee bill.

SENATOR PATRICK: Fee bill?

SENATOR RODRIGUEZ: Yes, sir.

SENATOR PATRICK: Now, how do you define the difference between a tax and a fee, because the people coming into this court system are going to be paying an additional $5?

SENATOR RODRIGUEZ: Yes.

SENATOR PATRICK: You think that they would call it a tax, or would they call it a fee?

SENATOR RODRIGUEZ: They would probably call it a fee because the terminology, it's a fee, filing fee and everybody's familiar with filing fees in the court system. They don't think of it as a tax.

SENATOR PATRICK: They don't think of it as a tax.

SENATOR RODRIGUEZ: Right.

SENATOR PATRICK: You're absolutely sure that people back home will not look at this as your first act as a Senator is spending more of their money. You think they'll be totally comfortable with that?

SENATOR RODRIGUEZ: I think if they understand that it's spending more of their own money to participate in our justice system that they will be okay with it.

SENATOR PATRICK: Did you poll them?

SENATOR RODRIGUEZ: Pardon me?

SENATOR PATRICK: Did you poll them?

SENATOR RODRIGUEZ: Not specifically poll them, but over the years as county attorney representing them for 17 years, I think I have pretty good pulse for my decisions.

SENATOR PATRICK: So when you were campaigning and you knew all these folks for all these years, you said, As soon as I get to the Senate, the first thing I'm going to do is find a way for you to spend more money. This is the --

SENATOR RODRIGUEZ: No, I did not say that.

SENATOR PATRICK: I didn't think so. Now, the other issue I have is I looked at your green sheet when you came to me.

SENATOR RODRIGUEZ: Yes, sir.

SENATOR PATRICK: You had ten, 12, checks on that. I'm your neighbor, I'm right next to you. You should have come to me first. I mean, what are neighbors for if we can't help each other. You didn't come to me. Why 12 other senators before coming to your neighbor?

SENATOR RODRIGUEZ: Well, precisely --

SENATOR PATRICK: I pick up your trash for you when it overflows, I do everything for you.

SENATOR RODRIGUEZ: Senator, I really appreciate that, but because you're my neighbor and right close to me, I figured I could do that at the last minute. So I apologize if I didn't count you first.

SENATOR PATRICK: All right. Well, I'm glad to have you as a neighbor, glad to have you here in the neighborhood and I'm happy to take your trash out for you any time that you ask. Let the cat out. But I will not be voting for this fee bill because someone has to stand up for your constituents to help them save money. So I just can't support you at this moment. You may persuade me in a moment or two.

SENATOR RODRIGUEZ: Let's hope that I can persuade you. I am I can.

SENATOR PATRICK: Thank you, thank you.

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

SENATOR LUCIO: Will the gentlemen yield?

LT. GOVERNOR DEWHURST: Will Senator Rodriguez yield?

SENATOR RODRIGUEZ: I yield.

SENATOR LUCIO: I must say that I'm a little bit disappointed that the president took you up at this time since there was so many other bills ahead of you, senators with more experience. Now, you're a freshman. You're wearing a green tie today?

SENATOR RODRIGUEZ: Yes, sir, I am.

SENATOR LUCIO: Are you Irish?

SENATOR RODRIGUEZ: There's some Irish in all Mexicans, as you know.

SENATOR LUCIO: Ode Rodriguez, ode Rodriguez? Let me ask you. You used to be county attorney in El Paso County, were you not?

SENATOR RODRIGUEZ: Yes, sir, for 17 years.

SENATOR LUCIO: And now you want to set up a judicial system in El Paso County, huh?

SENATOR RODRIGUEZ: Yes, sir.

SENATOR LUCIO: Well, this would be funded by a $5 fee, would it not?

SENATOR RODRIGUEZ: Yes, sir.

SENATOR LUCIO: Why not 4.50? Would you -- making it 300? You know, then we could divert some of the surplus to the GR. We need GR. Are you aware that we have a budget shortfall?

SENATOR RODRIGUEZ: Yes, sir.

SENATOR LUCIO: So you are informed. Now, this would affect the border of Texas, correct, and would it not?

SENATOR RODRIGUEZ: Yes.

SENATOR LUCIO: The border? Then why didn't it come to my committee of International Relations and Trade. Why did you not ask for this bill to come to my committee?

SENATOR RODRIGUEZ: Basically this bill addresses the judicial system, the court of appeals system, and so naturally it went to the Jurisprudence Committee.

SENATOR LUCIO: Speak up a little bit.

SENATOR RODRIGUEZ: Went to the Jurisprudence Committee because that's where you take up matters involving our judicial system.

SENATOR LUCIO: But what's wrong with your courts? I want to know. Are they not appealing to you?

SENATOR RODRIGUEZ: No, no, they are great courts, I'll have you know that the 8th court of appeals is one of the hardest working --

SENATOR LUCIO: Well, I read the bill and it seems to me that your court is not appealing enough, your judges are not appealing enough to you and you're trying to make them more appellate, appealing, I guess. Why did you leave the lower Rio Grande Valley? You were born in or you grew up in my part of the border down in Alamo, right?

SENATOR RODRIGUEZ: Yes, sir.

SENATOR LUCIO: Well, why did you leave the valley, was it not appealing to you at all?

SENATOR RODRIGUEZ: No, for the love of a woman, my wife.

SENATOR LUCIO: I need to tell your family down there and, you know, your friends that you left because it wasn't appealing enough and now, you're introducing legislation to make things more appealing to you. And the last thing I want to ask you is why didn't you poll me? I have heard of your bill to this point and it's customary to go and ask the members to vote for you. Seems to me a little arrogant not to poll the members, get your votes, prepare yourself for today. This might not be happening, but do you think I'm going to vote for you because you're Hispanic and I'm Hispanic?

SENATOR RODRIGUEZ: No, Senator Lucio. You're the first one I polled this morning at 7:30 in the morning.

SENATOR LUCIO: You're going to have to work for it, Senator, as you recall.

SENATOR RODRIGUEZ: So keep polling, I guess, is what you're saying.

SENATOR LUCIO: Some of us really like the fact that you represent El Paso and you joined the group of these senators. Congratulations on your first bill.

SENATOR RODRIGUEZ: Thank you.

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

SENATOR SELIGER: Question of the author, Mr. President.

LT. GOVERNOR DEWHURST: Will Senator Rodriguez yield?

SENATOR RODRIGUEZ: I yield.

SENATOR SELIGER: Senator Rodriguez, will you read to us again the list of the counties that are included in the effect of your bill?

SENATOR RODRIGUEZ: Yes, sir. Andrews, Brewster, Crane, Crockett, Culberson, El Paso, Hudson, Jeff Davis, Loving, Pebbles, Persidio, Reagan, Revis, Terrell, Upton, Ward, and Winkler Counties. 17 counties.

SENATOR SELIGER: It's interesting, Senator, because those counties are in your district and they're in the 19th District and the 31st District. Are there any then in the 28th District?

SENATOR RODRIGUEZ: I'm not sure. I'm not --

SENATOR SELIGER: Did you ask any of the members how they felt about this tax or fee being imposed on people in districts represented by other members of the Senate?

SENATOR RODRIGUEZ: No, I did not.

SENATOR SELIGER: Senator, let me ask you something. You've included all these other counties in all the other districts. Is this a subtle, even sly, if I might use the word, attempt to do a redistricting map yourself, especially to your own benefit?

SENATOR RODRIGUEZ: No. On the contrary, if I did a redistricting map that included all these counties, I would never spend time in El Paso riding circuit in all these districts.

SENATOR SELIGER: But, you know, when people represent multiple counties in their districts, they too have to travel. I'm sure you don't mean to imply some criticism for those of us that have to travel to see our constituents.

SENATOR RODRIGUEZ: No, not at all, sir. Not at all. But the chief justice of the 8th Court of Appeals that has jurisdiction over all these counties respectfully requested that I file this bill to include the whole jurisdictional reach of the 8th Court of Appeals, and so I was honoring that request.

SENATOR SELIGER: So the chief justice of the court imposed on you the obligation to write the lines for your new district.

SENATOR RODRIGUEZ: No, no, sir.

SENATOR SELIGER: Mr. President, with all respect to Senator Rodriguez, I must ask for a point of order. If the caption is incorrect and this is not either a judicial bill or a fee bill, but a very subtle redistricting bill.

LT. GOVERNOR DEWHURST: Senator Seliger, would you approach the podium? Senator Rodriguez.

SENATOR SELIGER: Out of great empathy for my colleague and someone I hope will be my colleague for a long time, I withdraw my point of order.

LT. GOVERNOR DEWHURST: Very gracious, very gracious of you, Senator Seliger. Senator Uresti, for what purpose do you rise? To find out about the bill that was passed when you weren't in the committee? Is that?

SENATOR URESTI: Yes, Mr. President, thank you.

LT. GOVERNOR DEWHURST: Will Senator Rodriguez yield?

SENATOR RODRIGUEZ: I yield, Mr. President.

SENATOR URESTI: Thank you, Mr. President, and I appreciate the lieutenant governor bringing that up. I noticed you took a vote on this bill when I was not present in committee; is that correct, sir?

SENATOR RODRIGUEZ: That's correct.

SENATOR URESTI: And as you know, 11 of the counties that are included in your bill are in my district.

SENATOR RODRIGUEZ: That's right.

SENATOR URESTI: So you didn't think it was necessary to get my vote out of Senator Harris' committee before you voted, before you brought it to the Senate Floor?

SENATOR RODRIGUEZ: No, I was actually hoping that you would be there, but unfortunately you had some other business that you were transacting at that time, they told me.

SENATOR URESTI: Is this bill just really taxation without representation?

SENATOR RODRIGUEZ: No, I don't believe so. I think it's -- that's why we're presenting it in this bill so that the voters will realize that there's a need to offset the cost of the administrative expenses of the 8th Court of Appeals end users.

SENATOR URESTI: Isn't this really just about bigger government, Senator Rodriguez?

SENATOR RODRIGUEZ: No, because --

SENATOR URESTI: You're funding government, are you not?

SENATOR RODRIGUEZ: No, sir.

SENATOR URESTI: You're not? You're not creating an appellate court?

SENATOR RODRIGUEZ: No.

SENATOR URESTI: You're not?

SENATOR RODRIGUEZ: No.

SENATOR URESTI: But you're funding them so you're empowering them and making them bigger and larger, aren't you?

SENATOR RODRIGUEZ: No, no. All I'm doing is bringing our Court of Appeals in line with your Court of Appeals.

SENATOR URESTI: You're saying my Court of Appeals even though 11 counties are in it?

SENATOR RODRIGUEZ: No, this --

SENATOR URESTI: Our taxes' Court of Appeals, Senator?

SENATOR RODRIGUEZ: Yes, sir, it is. But there's 14 courts of appeal, and my point is that 12 of them have the exact statute in the books already. And so all I'm doing is bringing El Paso state court of appeals in line with the other districts. I believe Senator Birdwell's Court of Appeals in Waco is the only other one because it does not have this same system users.

SENATOR URESTI: I think Senator Lucio was a little premature when he congratulated you on passage of your first bill. Thank, you Senator Rodriguez.

SENATOR RODRIGUEZ: Thank you, sir.

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

SENATOR NICHOLS: Mr. President, I have a question of the author.

LT. GOVERNOR DEWHURST: Will Senator Rodriguez yield?

SENATOR RODRIGUEZ: I yield.

SENATOR NICHOLS: Thank you for bringing this bill up. But Senator, most bills that come to the Senate, you know, they identify a problem and then they bring a solution. So I'm kind of looking at your bill as what was the problem and is this an adequate solution. So I'm going to ask you a couple of questions on both sides of that.

SENATOR RODRIGUEZ: Yes, sir.

SENATOR NICHOLS: And you're aware that every word you say is being recorded and is on the record?

SENATOR RODRIGUEZ: Yes, I am.

SENATOR NICHOLS: So people back home could see this and watch it if they wanted to.

SENATOR RODRIGUEZ: I understand.

SENATOR NICHOLS: Okay. So to the problem, the 8th Court of Appeals, there must be a problem.

SENATOR RODRIGUEZ: There is not in the sense that I think you're using the term. What we have is a Court of Appeals, one out of 14 that does not have the state appellate judicial system.

SENATOR NICHOLS: I'm just talking about the 8th Court.

SENATOR RODRIGUEZ: Right. And what I'm trying to do is to bring our Court of Appeals in line with your Court of Appeals and all the other Court of Appeals here in the state.

SENATOR NICHOLS: So there's a problem with the 8th Court of Appeals? There either is a problem or not a problem. Is there a problem?

SENATOR RODRIGUEZ: Well, let me admit this. To the extent there is a shortage of funds to be able to operate administratively to cover the expenses of operation, I suppose there is a problem and that's why we're trying to raise the revenue for it.

SENATOR NICHOLS: These justices of the 8th Court, they're elected, aren't they?

SENATOR RODRIGUEZ: Yes, sir.

SENATOR NICHOLS: So do they need help?

SENATOR RODRIGUEZ: Apparently for this type of matter, yes.

SENATOR NICHOLS: So if they need help, there must be something they're not able to do or are they doing something incorrectly out there?

SENATOR RODRIGUEZ: No. The 8th Court of Appeals, I believe, has the reputation of being one of the hardest working 8th Court of Appeals in the state. In fact, it's taken cases our of Dallas and other jurisdictions.

SENATOR NICHOLS: So if they're doing everything right, then there's not a problem.

SENATOR RODRIGUEZ: Well, they're doing everything right but because of the reduction in order to help balance the budget, they're trying to raise local nontaxable revenue to fund their increased cost of administration.

SENATOR NICHOLS: So you're saying on the record they don't need help, they are doing everything okay.

SENATOR RODRIGUEZ: They're a super court.

SENATOR NICHOLS: Okay. So do we really have a problem?

SENATOR RODRIGUEZ: They need help in covering their administrative expenses.

SENATOR NICHOLS: And determining out there in West Texas how you charge, how did you arrive at the $5? I mean, I'm trying to understand, it's an issue of justice, I think, isn't it?

SENATOR RODRIGUEZ: Yes. It is.

SENATOR NICHOLS: And justice is very important to all of us but you're putting a fee on justice.

SENATOR RODRIGUEZ: Well, it's a small fee of $5, Senator, that the chief justice and his associates recommended to me be included in the bill and they're more familiar with how much they need to raise to operate than, frankly, I am. So I followed their advice.

SENATOR NICHOLS: I think some of the people -- my people back home would have a hard time understanding what the cost of justice really is. That we actually charge people for justice. Don't we have a constitutional right to justice in this country?

SENATOR RODRIGUEZ: Absolutely.

SENATOR NICHOLS: But we're having a charge now for that constitutional right?

SENATOR RODRIGUEZ: There are fees all over the place on our judicial justice system, both civil and criminal, that have been assessed by the legislature over the years in order to fund the operation of our courts. And I think that citizens understand that.

SENATOR NICHOLS: So we have a constitutional right to justice in those courts, but we're going to charge a fee for it? Are there any other constitutional rights that you think we ought to charge a fee for?

SENATOR RODRIGUEZ: Well, no, sir. Not at this time.

SENATOR NICHOLS: All right. Thank you.

SENATOR WHITMIRE: Mr. President.

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

SENATOR WHITMIRE: I was going to ask the gentleman a couple of brief questions.

LT. GOVERNOR DEWHURST: Will Senator Rodriguez yield?

SENATOR RODRIGUEZ: I yield, Mr. President.

SENATOR WHITMIRE: First off I've been off the Floor in meetings and I kind of would almost ask you, would you start over for me.

SENATOR RODRIGUEZ: Yes, sir.

SENATOR WHITMIRE: I've been in the back working with some House members on criminal justice, so I'm just getting to the Floor and would it be -- would you consider just starting over?

SENATOR RODRIGUEZ: Yes.

SENATOR WHITMIRE: But I tell you what, I'm going to give you a break because I really have some more important things to deal with. I was wondering why it's not on local and consent bill. Is this not a local bill?

SENATOR RODRIGUEZ: It's not on local and consent because although it was referred, we did not do the paperwork for it because --

SENATOR WHITMIRE: You didn't do the paperwork?

SENATOR RODRIGUEZ: No, because --

SENATOR WHITMIRE: Well, that ain't the problem.

SENATOR RODRIGUEZ: Because we thought --

SENATOR WHITMIRE: Well, why -- I think you probably owe the members an apology. I mean, this could actually be on local and consent and you didn't do the paperwork?

SENATOR RODRIGUEZ: We did not do not paperwork because we wanted it to be --

SENATOR WHITMIRE: Did you tell everybody that when you worked the Floor and got their support?

SENATOR RODRIGUEZ: I tried to do that, almost every single one of you with the exception of maybe two.

SENATOR WHITMIRE: Well, let me ask you, did you not learn anything from Senator Birdwell, you need to poll the Floor each day. Have you polled today?

SENATOR RODRIGUEZ: Today, yes.

SENATOR WHITMIRE: You polled the Floor today?

SENATOR RODRIGUEZ: I was all over the Floor the first minute I got here.

SENATOR WHITMIRE: Well, I think you're fixing to learn one more time you need to poll daily. I'm sorry it's that way but, you know, it is what it is. I'm going to -- I know we have other matters to come before us, but I didn't want you to think that I was going to treat you any different than Senator Birdwell.

SENATOR RODRIGUEZ: Thank you, Senator.

SENATOR WHITMIRE: Thanks for bringing this bill to the Floor.

LT. GOVERNOR DEWHURST: Well, Senator Shapiro, it looks like you're the cleanup hitter.

SENATOR SHAPIRO: Oh, I am. I thought Senator Whitmire was going to be, but he kind of busted in there, didn't he?

LT. GOVERNOR DEWHURST: He did, I was about to recognize you and then he -- so.

SENATOR SHAPIRO: Thank you. You're a gentleman and a scholar. I appreciate that. Senator Rodriguez, I have some grave concerns. The first one that I'd like to talk to you about is why has it taken El Paso so long to get into this system?

SENATOR RODRIGUEZ: Very good question. I believe that the court had been able to make do with the funding that it had up until this time.

SENATOR SHAPIRO: Why can't they continue that way?

SENATOR RODRIGUEZ: Because actually, as you know, Senator, there was a request of reductions from all state agencies and they made those reductions and it's affected their administrative operations so that they want to raise some local revenue to help cover that reduction.

SENATOR SHAPIRO: So what you're telling me is the citizens of El Paso are going to be taken, when they have to have this fee, and it's going to be an imposition on them to have to spend more money to go to these courts. And you're carrying this bill as a freshman?

SENATOR RODRIGUEZ: Yes, Senator, because I think the citizens, as I said earlier, will appreciate having enough money to operate our court so they have support so they can access those courts.

SENATOR SHAPIRO: Right. Have you had an election on these fees? Do you know for a fact that the people of El Paso want this?

SENATOR RODRIGUEZ: No, we have not had an election, but I'm sure they'll let us know the next time I'm up for reelection and the --

SENATOR SHAPIRO: How they feel about this. I feel very confident that that will happen. Also I'm very disappointed because you and I had a conversation early this morning, in fact, it was about 7:30. Is that right?

SENATOR RODRIGUEZ: That's correct.

SENATOR SHAPIRO: You had on no green at that time; is that correct?

SENATOR RODRIGUEZ: That's correct.

SENATOR SHAPIRO: What happened?

SENATOR RODRIGUEZ: As soon as the meeting ended, I acquired some green.

SENATOR SHAPIRO: You did acquire some green. Well, my disappointment comes from my suggestions to you as a senior Senator. I suggested to you that you put a green sheet, the very green sheet that Senator Whitmire has been talking about and I told you -- where did I tell you to put this green sheet?

SENATOR RODRIGUEZ: Right here in my pocket.

SENATOR SHAPIRO: It's not there any more.

SENATOR RODRIGUEZ: I inadvertently pulled it out as I was --

SENATOR SHAPIRO: And I was trying to help you. I was trying to help you. Not only did that green sheet help you to remind you to go around to this whole Floor and make sure that everyone was okay with your bill, which you obviously did not do because you did not come to me and ask me if I was in agreement with this. So that's the first side that you didn't fulfill. But secondly I thought it was a perfect opportunity since you had no green on that you could also utilize that green sheet for St. Patrick's Day, didn't I?

SENATOR RODRIGUEZ: Yes, you did.

SENATOR SHAPIRO: And I'm very upset when I saw you come on the Floor without that green sheet in your pocket.

SENATOR RODRIGUEZ: Well, I understand that.

SENATOR SHAPIRO: You understand? Having not had my name on this green sheet, I will not be voting with you. You did not ask me, you did not check with me and before I vote on this bill I would like you to commit to me that following this vote, you will explain your bill to me in detail.

SENATOR RODRIGUEZ: I commit to do that.

SENATOR SHAPIRO: Okay. Thank you very much.

SENATOR RODRIGUEZ: Thank you.

LT. GOVERNOR DEWHURST: Thank you, Senators. The --

SENATOR WENTWORTH: Mr. President, I would like to call a point of order.

LT. GOVERNOR DEWHURST: State your point of order.

SENATOR WENTWORTH: I think it's a nondebatable motion, and I call a point of order on that basis.

LT. GOVERNOR DEWHURST: Senator Wentworth, your point of order is well made, and it is taken. The Chair lays out Senate Resolution No. 552 by Senator Zaffirini. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 552. Whereas many proud residents of Bee County are gathering at the State Capitol to celebrate Bee County Day on March 17th, 2011; and whereas, officially organized on January 25th, 1858, Bee County was named for Bernard Bee, Senior, a south California attorney, soldier and statesman who joined the Army of the Republic of Texas and served as secretary of war under Sam Houston. Recovered artifacts indicate that the area was originally inhabited 6,000 to 10,000 years ago. The first permanent European settlers arrived in the early 19th century and 11 Bee County landowners were among the signers of the Texas Declaration of Independence; and whereas, located in the south Texas plains vegetation region Bee County covers 866 square miles that slope gently toward the Gulf Coast. With the region's open expanses of grassland, the local economy is dominated by farming and ranching but also welcomes oil and gas extraction and agri business. In 1954, the first United States Navy all jet base opened at the Naval Auxiliary air station in Beeville, the county seat and still contributes a significant amount to the region's economy. Other towns in the county include Skidmore, Blueberry Hill, (inaudible) Pawnee, Namana, and Mineral. Now, therefore be it resolved that the Senate of the state of Texas 82nd Legislature hereby recognizes March 17th, 2011, as Bee County Day at the State Capitol and extend to those visiting today sincere best wishes for an enjoyable stay in Austin. By Zaffirini.

LT. GOVERNOR DEWHURST: Thank you, Madam Secretary. The Chair recognizes Senator Zaffirini on the resolution.

SENATOR ZAFFIRNI: Thank you, Mr. President. Mr. President and members, it is my pleasure to sponsor Senate Resolution 552 honoring Bee County and recognizing March 17th as Bee County Day at the Texas Capitol. The county is home to nearly 32,000 of my constituents and the county seat has been named a Texas main street city by the Texas Historical Commission and is home to Coastal Bend College. Known for its plentiful wildlife, colorful birds and beautiful springtime wildflowers, it is an art lovers delight and a hunter's paradise. Home to the Beeville Heart Museum, Beeville was named one of the best small towns in Texas for art by Texas Monthly. Notable celebrations include the (inaudible) and Western Week in October. Today I'm delighted to welcome some esteemed Bee County leaders in the north gallery and I would ask them to please rise as I call their names or group wise as a group. First the Honorable David (inaudible), Bee county judge; the Honorable Carlos (inaudible), county sheriff; the Honorable Dennis Dewitt, county commissioner; and chief deputy Alvin Southmaid. Mr. President and members, I know that you are all delighted to join me in welcoming the Bee County delegation, but no one is more excited than Senator Rodriguez who is being roasted as part of the presentation of his first bill. I know that my constituents want to understand what was happening on the Texas Floor. It was his first bill, and he was being welcomed by way of a roast. Would the Bee County delegation please rise and be welcomed as I move adoption of Senate Resolution 552.

LT. GOVERNOR DEWHURST: Thank you so much. Senator Zaffirini, ladies and gentlemen, thank you for being here. Members, you heard the motion by Senator Zaffirini. Is there objection from any member? The Chair hears no objection, and the resolution is adopted.

SENATOR ZAFFIRNI: Thank you, Mr. President and members.

LT. GOVERNOR DEWHURST: What are we going to do about Senator Rodriguez's bill? All right. The Chair recognizes -- once again the Chair recognizes Senator Rodriguez for a motion to suspend the regular order of business to takeup and consider Senate Bill 605.

SENATOR RODRIGUEZ: Mr. President, members, I move that we suspend the regular order of business and all necessary rules to take up and consider Senate Bill 605 at this time.

LT. GOVERNOR DEWHURST: Excellent, well said. Makes sense to me. Members, you've heard the motion by Senator Rodriguez, is there objection from any member? My goodness. There being no objections from any member, the rule is suspended. The Chair lays out on second reading Senate Bill 605. The secretary will read the caption.

PATSY SPAW: Senate Bill 605 relating to the creation of appellate judicial system for the 8th Court of Appeals district.

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

SENATOR RODRIGUEZ: Mr. President, I'd like to move that Senate Bill 605 be moved to passage to engrossment.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Rodriguez. Is there objection from any member? Chair hears no objection, and Senate Bill 605 passes to engrossment. The Chair recognizes Senator Rodriguez for a motion to suspend the constitutional rule that bills be read on three separate days.

SENATOR RODRIGUEZ: So moved, Mr. President.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Rodriguez. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay the rule is suspended. The Chair lays out on third reading and final passage Senate Bill 605, the secretary will read the caption.

PATSY SPAW: Senate Bill 605 relating to the creation of the appellate judicial system for the 8th Court of Appeals district.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Rodriguez for a motion.

SENATOR RODRIGUEZ: Mr. President, members, I move final passage of Senate Bill 605.

LT. GOVERNOR DEWHURST: Is that a feed bill?

SENATOR RODRIGUEZ: Pardon?

LT. GOVERNOR DEWHURST: What is our position on that, Senator Eltife?

SENATOR ELTIFE: Well, as long as it's nontax revenue, we're okay.

LT. GOVERNOR DEWHURST: All right. Okay. Members, you've heard the motion by Senator Rodriguez. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, incredible, Senate Bill 605 is finally passed.

SENATOR RODRIGUEZ: Thank you, Mr. President and members, I appreciate it.

LT. GOVERNOR DEWHURST: And Senator Shapiro, I noticed a green card in his pocket. Members, we have six bills in front of us yet still to do. Senator Williams are you ready? The Chair recognizes Senator Williams for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 350.

SENATOR WILLIAMS: Thank you, Mr. President, members. Senate Bill 350 is the Texas municipal retirement system fund restructuring. It's the intent of this Senate Bill to restructure three of their internal trust fund accounts into a single trust fund account in a manner that resembles the majority of our tax system restructures. Mr. President, I move to suspend the Senate's regular order of business in order that we may take up and consider Senate Bill 350.

LT. GOVERNOR DEWHURST: Members, Senator Williams moves to suspend the Senate's regular order of business on Senate Bill 350. Is there objection from any member? Chair hears no -- Senator West, for what purpose do you rise?

SENATOR WEST: Just a question.

LT. GOVERNOR DEWHURST: Will Senator Williams yield?

SENATOR WILLIAMS: Yes.

SENATOR WEST: I have not looked at this bill. What does it do again?

SENATOR WILLIAMS: Senator, when the Texas municipal retirement system was set up in 1947, the fund was structured so that it had three segregated accounts: One for employer contributions, one for the employer contributions and then another fund that paid the benefits out to the employees. It is typical of how these types of funds were set up in the days that they were funded with insurance contracts to provide the retirement benefits. It's really the structure doesn't lend itself to modern portfolio management. It actually creates a (inaudible) sal by combining these three funds into one fund like we do in all of our other retirement plans. It will reduce the volatility in the fund and smooth out the contributions for the member cities that are a member of this. So it's actually a positive thing, it's supported and will reduce volatility in the fund.

SENATOR WEST: Volatility as it relates to investments?

SENATOR WILLIAMS: No, because you're using three different funds to pay the benefits and develop the benefits or the employees, you end up with leverage that's created because you got three different funds that are funding the same kind of benefit and it's not a desirable thing.

SENATOR WEST: Okay. Thank you.

LT. GOVERNOR DEWHURST: Senator Williams moves to suspend the Senate's regular order of business to take up and consider Senate Bill 350. Is there objection from any member? The Chair hears no objection, and the rule is suspended. The Chair lays out on second reading. Senate Bill 350. The secretary will read the caption.

PATSY SPAW: Senate Bill 350 relating to structuring of fund obligations in the accounts of the Texas Municipal Retirement System.

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

SENATOR WILLIAMS: I move passage to engrossment.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Williams. Is there objection from any member? The Chair hears no objection, and Senate Bill 350 passes to engrossment. The Chair lays out -- the Chair recognizes Senator Williams for a motion to suspend the constitutional rule that bills be read on three separate days.

SENATOR WILLIAMS: So moved.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Williams. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage Senate Bill 350. The secretary will read the caption.

PATSY SPAW: Senate Bill 350 relating to the restructuring fund of obligations and accounts of the Texas Municipal Retirement System.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Williams.

SENATOR WILLIAMS: I move final passage.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Williams. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 31 ayes, no nays, Senate Bill 350 is finally passed.

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

LT. GOVERNOR DEWHURST: Senator Fraser. The Chair recognizes Senator Fraser for a motion to suspend the regular order of business to take up and consider committee substitute to Senate Bill 527.

SENATOR FRASER: Thank you, Mr. President and members. Senate Bill 527 would charge TCQ with overseeing a nonprofit organization's installation and maintenance of 20 air monitors in the 16 county Barnett Shell region. The bill allocates to 23 and 7 million from the TERP fund, the Texas Emission Reduction Program fund in 2012 and 2013 and up to 3 million in the out years to maintain the monitors. The bill will also implement an LBB recommendation. We're eliminating the new technology research and development program, and the money that we're eliminating from that fund will more than cover this. I move to suspend the regular order of business and take up and consider committee substitute to Senate Bill 527.

LT. GOVERNOR DEWHURST: Thank you, Senator Fraser. Senator Fraser moves to suspend the Senate's regular order of business to take up and consider a committee substitute to Senate Bill 527. Is there objection from any member? The Chair hears no objection, and the rule is suspended. Chair lays out on second reading the committee substitute to Senate Bill 527. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 527 relating to (inaudible) checks funded through the Texas Emissions Reduction Plan.

LT. GOVERNOR DEWHURST: The Chair lays out Floor Amendment No. 1 by Senator Ogden. The secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Ogden.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Ogden on Floor Amendment No. 1.

SENATOR OGDEN: Mr. President and members, this amendment changes the wording in the bill slightly in two different places in the bill. There's basically a provision that says not less than 3 million or more than 7 million. Another provision that says not less than 1 million or more than 3 million. And what this amendment does is it takes out the "not less" part so that the bill will read not more than 7 million as a cap and not more than 1 million as a cap but there is no minimum in the bill anymore. And I did that because it technically is making an appropriation if you do not adopt this amendment. So I move adoption of Floor Amendment No. 1.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Fraser on the amendment.

SENATOR FRASER: The amendment is very acceptable.

LT. GOVERNOR DEWHURST: Members, we have a motion by Senator Ogden that's acceptable to the author, is there objection from any member? The Chair hears no objection and the amendment is adopted. One moment. The Chair recognizes Senator Fraser for a motion.

SENATOR FRASER: Mr. President I now move passage to engrossment of committee substitute to Senate Bill 527. Senator Gallegos, for what purpose?

SENATOR GALLEGOS: To ask a question.

LT. GOVERNOR DEWHURST: Will Senator Fraser yield?

SENATOR FRASER: I will yield.

SENATOR GALLEGOS: Senator Fraser, let me ask you how much money is actually being transferred from the TCQ budget to the location under our bill?

SENATOR FRASER: For just this bill?

SENATOR GALLEGOS: Yes.

SENATOR FRASER: There's actually a positive, we're eliminating a program that is about million and the cost of this is not to exceed million will be the maximum, and so there's actually a positive back to the bill.

SENATOR GALLEGOS: Do we know the total amount of money that's involved and how much from that percentage that's going to the location under this bill?

SENATOR FRASER: The percentage of the amount of money from the fund, you're saying?

SENATOR GALLEGOS: Yes.

SENATOR FRASER: I think the fund right now has about 414 million in it, so we say not to exceed, you know, 7 million. So it's a very small number. It's about less than 2 percent.

SENATOR GALLEGOS: And I understand that. I'm just concerned that a lot of emissions are in my district and Senator Jackson's district, I just want to make sure we're not being shortchanged here and we just -- you know, that it's a -- it's not going to sway, you know, money that's already allotted to the districts down south and going somewhere else. And that's just my concern.

SENATOR FRASER: It's doing just the opposite. We're eliminating a program that they've determined was not working or needed and the money from that program we're putting into this and it's -- you know, that program is 18 million, this is seven. So the program's paid for by the program we're eliminating.

SENATOR GALLEGOS: All right. Thank you.

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

SENATOR JACKSON: Just a question of the author.

LT. GOVERNOR DEWHURST: Will Senator Fraser yield?

SENATOR FRASER: I'll be glad to yield.

SENATOR JACKSON: Thank you. Senator, I was trying to understand, and I know Senator Ogden's amendment took the minimum amount that had to be paid in away, so I guess it would be subject to the finance committee.

SENATOR FRASER: They would have to do an appropriation approving, you know, this money and that we got a cap of ceiling where it would not exceed that amount.

SENATOR JACKSON: So in trying to determine the maximum that could go into the program every year, what would be your number?

SENATOR FRASER: Well, the ceiling right now is 7 million would be the maximum amount to implement.

SENATOR JACKSON: That was on one portion, but there was another portion that said "not more than."

SENATOR FRASER: The maintenance effort in order to continue using the monitors, there's a cost associated with that and I think that's a cap at million. But it's estimated it will be less than that.

SENATOR JACKSON: 3 million a year?

SENATOR FRASER: Yes.

SENATOR JACKSON: Okay. And then the purchase of the 20 new air monitors, would that be done in a separate appropriation or is that part of that million here?

SENATOR FRASER: The 7 million is for the monitors.

SENATOR JACKSON: And you say this fund has so much money in it, 414,000,000 I think, and that a portion of it was money set aside to do new technology study and innovation I believe. And we're going to get rid of that portion; is that correct?

SENATOR FRASER: The funds are from penalties of people that had been assessed a fine, those fines went into a fund and the Clean Air Act signifies that that money can only be used on things that have to do with air quality and that's what we're addressing, the air quality in the Dallas-Fort Worth area.

SENATOR JACKSON: Okay. I thought money went into that fund from cost of inspection, safety inspection, fees that were on --

SENATOR FRASER: It's a combination of all of that.

SENATOR JACKSON: -- registration, safety inspection, engine tailpipe monitoring and all that? Okay. Would you agree with me or disagree that if we've got that much excess money in there, it may be a good time to take a look at reducing how much people are having to pay for those fees?

SENATOR FRASER: Well, you and I are always on the same side of making sure the public is well served on what they're paying, and we obviously always need to be reviewing that.

SENATOR JACKSON: Okay. Thank you, Senator.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Fraser. Is there objection from any member? The Chair hears no objection from any member and committee substitute Senate Bill 527 is amended -- passes to engrossment. The Chair recognizes Senator Fraser for a motion to suspend the constitutional rule that bills be read on three separate days.

SENATOR FRASER: And Mr. President, I would now move to suspend the constitutional rule that bills be read on three separate days.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you've heard the motion. The secretary will now call the roll.

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage committee substitute to 527 as amended. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 527 relating to projects funded through the Texas Emissions Reductions land.

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

SENATOR FRASER: Thank you, Mr. President. I would now move final passage of committee substitute to Senate Bill 527.

LT. GOVERNOR DEWHURST: Thank you. Members, you've heard the motion. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, the committee substitute to Senate Bill 527 as amended is finally passed. The Chair recognizes Senator Seliger for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 370.

SENATOR SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider Senate Bill 370 relating to the authority of Texas Water Development Board provide for financial assistance for certain projects if the applicant has failed to complete a request for information relevant to the project. The water infrastructure fund provides financial assistance for the planning design and construction of water planned projects. Under current Texas law a project in the water plan can receive funding through the water infrastructure fund without having to complete an infrastructure survey. The infrastructure survey shows whether or not the project is eligible and prepared to be funded. Senate Bill 370 requires the water infrastructure survey be completed and approved by the Texas Water Development Board as a prerequisite for obtaining funding through the water infrastructure fund. I move passage.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Seliger. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. The Chair lays out on second reading Senate Bill 370. The secretary will read the caption.

PATSY SPAW: Senate Bill 370 relating to the authority of the Texas Water Development Board to provide certain financial assistance.

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

SENATOR SELIGER: Thank you, Mr. President. I move passage to engrossment of Senate Bill 370.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Seliger. Is there objection from any member? Chair hears no objection from any member, and Senate Bill 370 passes to engrossment. The Chair recognizes Senator Seliger for a motion to suspend the constitutional rule that bills be read on three separate days.

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

LT. GOVERNOR DEWHURST: Members, you've heard the motion. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Senate Bill 370. The secretary will read the caption.

PATSY SPAW: Senate Bill 370 relating to the authority of the Texas Water Development Board to provide financial assistance for certain projects.

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

SENATOR SELIGER: Mr. President, I move final passage of Senate Bill 370.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Seliger. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Senate Bill 370 is finally passed. Congratulations.

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

LT. GOVERNOR DEWHURST: Senator Carona. The Chair recognizes Senator Carona for a motion to suspend the Senate's regular order of business to take up and consider committee substitute to Senate Bill 781.

SENATOR CARONA: Thank you, Mr. President. Members, over time the legislature's created a number of joint oversight committees that include the Chair of the Senate Business and Commerce committee as an ex-officio member. Three of those committees are no longer necessary. They haven't met in literally years, if at all. They're the Electric Utility Restructuring Legislative Oversight Committee, the Property and Casualty Insurance Oversight Committee, and the Telecommunications Competitiveness Legislative Oversight Committee. As I mentioned, the last time any of them met was 2004, if ever. And so we simply want to take them off of the books. So I move at this time to suspend the Senate's regular order of business.

LT. GOVERNOR DEWHURST: I was starting to take your comment seriously. I was listening to that. The -- members, Senator Carona moves to suspend the regular order of business to take up and consider committee substitute to Senate Bill 781. Is there objection from any member? The Chair hears no objection, and the rule is suspended. Chair lays out on second reading committee substitute to Senate Bill 781. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 781 relating to the repeal of certain legislative oversight committees.

LT. GOVERNOR DEWHURST: I understand that we have an amendment to the bill and copies are being made, in fact, they may be -- copies are being passed out now. All right. The Chair lays out Floor Amendment No. 1 by Senator Hegar. The secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Hegar.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Hegar to explain the amendment.

SENATOR HEGAR: Thank you, Mr. President and members. This Floor Amendment eliminates the Edwards Aquifer Legislative Oversight Committee. The oversight committee has not gotten together for several years now. I talked to the members in the San Antonio area who overlap with the Edwards Aquifer and there are the Senate Natural Resource Committee and the House Natural Resource Committee who have the authority to oversee the Edwards Aquifer Authority. It was put into place years back when the Edwards Aquifer Authority was created and there's just no need for it anymore, and I think it's acceptable to the author.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Carona.

SENATOR CARONA: It is acceptable.

LT. GOVERNOR DEWHURST: Members, Senator Hegar moves the adoption of the Floor Amendment No. 1. It's acceptable to the author. Is there objection from any member? The Chair hears no objection from any member and the Floor Amendment No. 1 is adopted. Chair recognizes Senator Carona for a motion.

SENATOR CARONA: Mr. President, I move passage to engrossment.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Carona. Is there objection from any member? The Chair hears no objection and a committee substitute to Senate Bill 781 as amended passes to engrossment. The Chair recognizes Senator Carona for a motion to suspend the constitutional rule that bills be read on three separate days.

SENATOR CARONA: So moved, Mr. President.

LT. GOVERNOR DEWHURST: Members, you've heard the motion. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage committee substitute to Senate Bill 781 as amended. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 781 relating to the repeal of certain legislative oversight committees.

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

SENATOR CARONA: Mr. President, I move final passage of committee substitute to Senate Bill 781.

LT. GOVERNOR DEWHURST: Members, you've heard the motion. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, the committee substitute to Senate Bill 781 as amended is finally passed.

SENATOR CARONA: Thank you, Mr. President.

LT. GOVERNOR DEWHURST: Thank you, Senator. Senator Duncan, are you ready? The Chair recognizes Senator Duncan for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 361.

SENATOR DUNCAN: Thank you, Mr. President. Members, Senate Bill 361 is identical to the bill that we passed out of this Senate last year by vote of 30 to one. This is the bill that prohibits broad form indemnities in certain circumstances. These are indemnity contracts, members, that contractors and owners require subcontractors or those below them in the tier, they require them to sign these contracts to get the job. And basically what they are doing is saying that a broad form indemnity allows the -- or requires the subcontractor to indemnify those above him or on the job site for their negligence and not their own. So in other words, if an owner or a contractor is negligent and a subcontractor is signing one of these indemnity agreements and has nothing -- but that subcontractor has nothing to do with the occurrence in question that causes the damage or harm or property damage or injury, that person still has to come in and indemnify the person who was negligent and that just doesn't seem to be a fair and balanced tort system. And we have already adopted the similar provisions that we have in this bill for construction and alteration repairs in state buildings, in the oil field construction industry and with regard to contracts by architects and engineers. This will just make a similar policy for construction contracts in this state. The bill also prohibits an additional insured provision as a requirement for getting one of these contracts and under an additional insured provision that means if you're a subcontractor, you have to take out insurance that would cover the contractor above you or to the others on the job site to which you would have an indemnity obligation. This is a very significant burden on your constituents and mine. Those are the subcontractors that do air-conditioning work, electrical work, excavation, our concrete folks, ceiling and tile, drywall folks, irrigation, lighting, lumber, materials. Providers that are all the smaller businesses that are yours and mine constituents. This bill was heavily negotiated in the interim last year, a mediator or facilitator was hired by one of the tort reform organizations to resolve this problem, and they did. They spent and invested a lot of time and money coming up with an agreed bill. Again, this bill passed this body 30 to 1 last session. It was on the major state calendar in the House only to die as a result of the chubbing that killed a lot of good Senate bills last session. With that explanation, and unless there are any questions, I move to suspend the Senate's regular order of business to take up and consider Senate Bill 361.

LT. GOVERNOR DEWHURST: Thank you, Senator. We got a couple of questions. Senator Gallegos, for what purpose do you rise?

SENATOR GALLEGOS: To ask the author.

LT. GOVERNOR DEWHURST: Will Senator Duncan yield?

SENATOR DUNCAN: I yield.

SENATOR GALLEGOS: Senator Duncan, let me ask you, and I voted for your bill last time. I just wanted to give you a scenario, make sure it's clear to me, and some of the calls I've been getting on the bill to make sure that you explain the legislative intent. Let's say I'm a roofing contractor and I'm a sub, I'm a sub to the general. And I finished the roof, get all the approvals, the insurance, everything. A good bill of approval, I've done my job and later on it's found that there's some structural damage to the building as a result of the general contractor. And under your bill, is it the legislative intent that I as a subcontractor in finishing my job, in this case the roof, that I would not be liable for structural damage that came out later on in that building; is that correct?

SENATOR DUNCAN: Senator Gallegos, that's exactly what I'm trying to accomplish. For example, and I've got a -- if your roofer had signed a broad form indemnity agreement, even though your roofer had nothing to do with the defect that caused the damage to that building, he would be required to indemnify the person whose negligence did. And more than that, he would also be required to buy insurance to cover that other person. So it's a shift of the risk down to those who are not responsible for the conduct, act or omission that causes the damage. I can give you an example of another real thing that happened in fort Worth, Texas. And I think we heard this in an interim committee one day. But in Fort Worth, Texas there was a company that provided concrete for the construction of a warehouse building or major -- a big building. The roof collapsed after a heavy rain due to some defect, I guess, in the drainage and the design of the roof. This was a $36 million claim. Well, guess what? The general contractor under one of these indemnity contracts brought in the concrete contractor, the electrical contractor and the fire sprinkler contractor, none of those persons had anything to do with the design of the roof or any of the defects that caused the roof to collapse. This concrete person spent -- their insurance carrier spent 500 to $750,000 defending that claim even though there was no evidence, and I think I would acknowledge that there was no act or omission that caused that problem. And that's exactly what we're trying to address with this bill. And your example is a very good example of the smaller guys, the guys that -- you know, mom and pop companies that if they want this business with these companies, then they are forced in many cases, not in all cases, but in many cases to sign these broad form indemnities. And many of them, if they don't have a lawyer, they don't even know what they're getting into.

SENATOR GALLEGOS: But Senator Duncan, let me ask you, okay, under your bill and under that scenario, let's say I finish the roof as a sub and they have already been cleared, would -- if they do find structural damage from the general contractor, would I as a sub be able to at least get paid by the entity that's involved because my job has been done?

SENATOR DUNCAN: Under your bill, you would have no responsibility -- under my bill you would not have one of these indemnity contracts and you would not be required to defend or indemnify anybody in that as long as you didn't have any act or commit any act or omission or cause a defect that resulted in the damage. But if you did, you would certainly have to defend yourself. But in your case, in your scenario, your example, nothing your roofer did caused the damage or harm. So he shouldn't be required to defend and indemnify those who did cause the damage and harm and that's what our bill is trying to cure.

SENATOR GALLEGOS: So there would be no barriers as far as when I go to collect for the services rendered, in this case a roof, that I could get that from the entity that's involved that might have a legal case against the general on the structural damage.

SENATOR DUNCAN: Well, your roofer would not have any responsibility under your scenario.

SENATOR GALLEGOS: Okay. Let me -- Senator Duncan, it's my understanding there might be some amendments.

SENATOR DUNCAN: I hope not.

SENATOR GALLEGOS: Well, if there's amendments, and I just want to make sure it doesn't water down the intent, the legislative intent of your bill.

SENATOR DUNCAN: Well, the amendments that I've seen that are floating around do significantly, and so I haven't seen them filed yet. But we have looked at those. And, again, this bill was carefully negotiated with the help of a facilitator who was an expert in construction law. And every word in this bill means something that was negotiated to make sure this was done appropriately.

SENATOR GALLEGOS: Thank you, Senator.

SENATOR DUNCAN: Let me say one other thing while we've got -- while we're on the air here. This bill is supported by folks that represent yours and my constituents. Associated Builders and Contractors of Texas, the Associated General Contractors, the Texas Building Branch, Texas Construction Association, these are all significant associations that represent our constituents. And these are a lot of the smaller guys that have to -- that do the work but have to sign these broad form indemnities.

SENATOR GALLEGOS: Thank you, Senator.

SENATOR DUNCAN: Thank you, Senator.

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

SENATOR OGDEN: To ask the author a question.

LT. GOVERNOR DEWHURST: Will Senator Duncan yield?

SENATOR DUNCAN: I yield.

SENATOR OGDEN: Senator Duncan, I'm assuming that because I voted for this last time that this question was satisfactorily answered, but I don't remember. But as you know, in the oil and gas industry, a standard IADC contract has cross indemnity provisions in them and basically it says we'll be responsible for our guys and you're responsible for your guys and we'll cover each others' indemnities with insurance is what it says. It looks to me like though it's not the intent of this bill to effect those kind of cross indemnity agreements, that a broad reading of your definition of a construction contract could include the construction by drilling for an oil and gas well. So my question is, would you have any objection in your list of exclusions to add an exclusion specifically that says this doesn't apply to oil and gas drilling contracts?

SENATOR DUNCAN: I think it's already in there, if you'll look on page 2, line 44. And we expressly did not want to impact what already exists, and I think chapter 127 of the Civil Practices and Remedies Code is the oil and gas -- yeah, it's the oil field, that's the oil field indemnity provision that was passed. It's very similar. It has a -- but it allows cross indemnities. But we're not impacting expressly the contracts that would be governed by chapter 127.

SENATOR OGDEN: And so -- what you're saying is that -- because I don't know what chapter 127 is, but I do know what an IEDC drilling contract is. So this bill because of that exclusion doesn't affect those?

SENATOR DUNCAN: Right.

SENATOR OGDEN: All right. Thank you.

SENATOR DUNCAN: And that's part of how carefully crafted this bill is and nobody wanted to impact that industry which is different from what we're talking about in the construction industry.

LT. GOVERNOR DEWHURST: Thank you, Senator Ogden. Senator Wentworth, for what purpose do you rise, sir?

SENATOR WENTWORTH: To ask a couple of questions of the author.

LT. GOVERNOR DEWHURST: Will Senator Duncan yield?

SENATOR DUNCAN: I yield.

SENATOR WENTWORTH: Senator Duncan, I think all of us on the Floor have probably been contacted by people both for and against your bill and I'd just like to read a talking point of somebody that's opposed to your bill. The talking point says "the bill," your bill Senate Bill 361 "meaningly and fundamentally alters the established practice of insuring construction projects where those parties responsible for an incident are the parties that pay for their wrongful or negligent acts." And yet people favoring your bill brought me a typical indemnity provision which says, "This indemnification shall extend to and be expressly for the benefit of the indemnitees, whether any of the indemnitees or either partially or solely negligent or at fault and whether occurring while the subcontract is in effect or following its termination. Subcontractors expressly acknowledge and agree that it fully and clearly understands that its indemnity obligation is without regard to the part or sole negligence of the indemnitees. And subcontractor intends to indemnify the indemnitees from the consequences of their partial or sole fault or negligence as provided herein." Now, it sounds to me like if you sign one of these contracts, you're taking on the obligation of providing for payment for somebody else's fall or negligence.

SENATOR DUNCAN: That's correct.

SENATOR WENTWORTH: Partial or sole.

SENATOR DUNCAN: That's what this bill seeks to correct.

SENATOR WENTWORTH: Well, I think it's a bill we should have passed a long time ago. It's fundamentally unfair the way it exists today, and I'm glad to support your bill.

SENATOR DUNCAN: Thank you, Senator, I appreciate it.

LT. GOVERNOR DEWHURST: Members, Senator Duncan moves to suspend the Senate's regular order of business. The secretary will call the roll.

LT. GOVERNOR DEWHURST: Members, there being 24 ayes and seven nays, the rule is suspended. The Chair lays out on second reading Senate Bill 361. The secretary will read the caption.

PATSY SPAW: Senate Bill 361 relating to indemnification provisions in construction contracts.

LT. GOVERNOR DEWHURST: Chair recognizes -- the Chair recognizes Senator Duncan for a motion.

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

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Duncan. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 24 ayes and seven nays Senate Bill 361 passes to engrossment. The Chair recognizes Senator Duncan for a motion to suspend the constitutional rule that bills be read on three separate days.

SENATOR DUNCAN: Thank you, Mr. President. I move to suspend the constitutional rule that bills be read on three separate days for Senate Bill 361.

LT. GOVERNOR DEWHURST: Members, you've heard the motion. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 28 ayes and three nays, the rule is suspended. The Chair lays out on third reading and final passage Senate Bill 361. The secretary will read the passage.

PATSY SPAW: Senate Bill 361 relating to indemnification provision in construction contracts.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Duncan for a motion.

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

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Duncan. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 24 ayes and seven nays, Senate Bill 361 is finally passed. Congratulations. The Chair recognizes Senator Williams for a motion to suspend the Senate's regular order of business to take up and consider committee substitute to Senate Bill 566.

SENATOR WILLIAMS: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business in order that we can take up and consider the committee substitute to Senate Bill 566. This bill relates to the regulation and practice of public accountancy. It amends the Public Accountancy Act to improve the enforcement against people who attempt to practice public accountancy without a license. Allows the board to order -- issue a cease and desist order and to seek adjunctive relief against repeat offenders. It also allows the board in certain instances to waive fees and penalties for extenuating circumstances. It removes outdated and redundant provisions that pertain to when the CPA exam was given with paper and pencil, and it gives the state's security board the ability to subpoena a CPA directly for records pertaining to an investigation and not have to get a court order. The Internal Revenue Service and SCC already have this ability. The bill also clarifies client confidentiality, and it makes clear when CPAs may disclose client information. I will be offering a Floor Amendment that codifies existing practice that the enforcement committee engages in now that allows them to discuss disciplinary actions in a closed session. With that, members, I move to suspend the Senate's regular order of business in order to take up and consider committee substitute to Senate Bill 566.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Williams. Is there objection from any member? The Chair hear no, sir objection and the rule is suspended. The Chair lays out on second reading a committee substitute to Senate Bill 566. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 566 relating to the practice of public accountancy.

LT. GOVERNOR DEWHURST: The Chair lays out Floor Amendment No. 1 by Senator Williams. The secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Williams.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Williams to explain Floor Amendment No. 1.

SENATOR WILLIAMS: Thank you, Mr. President and members. This is the amendment that I mentioned in my opening remarks. It is a codification of an existing practice that would allow the enforcement committee of the State Board of Public Accountancy to discuss the disciplinary actions in a closed session. I move adoption of Floor Amendment No. 1.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Williams. Is there objection from any member? The Chair hears no objection from any member, and Floor Amendment No. 1 is adopted. The Chair recognizes Senator Williams for a motion.

SENATOR WILLIAMS: Mr. President, I move passage to engrossment.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Williams. Is there objection from any member? Hearing no objection, then a committee substitute to Senate Bill 566 as amended passes to engrossment. Chair recognizes Senator Williams for a motion to suspend the constitutional rule that bills be read on three separate days.

SENATOR WILLIAMS: So moved.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Williams. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage committee substitute top Senate Bill 566 as amended. The secretary will read the caption.

PATSY SPAW: Committee substitute to Senate Bill 566 relating to the regulation of the practice of public accountancy.

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

SENATOR WILLIAMS: I move final passage.

LT. GOVERNOR DEWHURST: Thank you, Senator Williams. Members, you've heard the motion by Senator Williams. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, a committee substitute to Senate Bill 566 as amended is finally passed.

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

LT. GOVERNOR DEWHURST: Members, the president's desk is clear. I have several motions in writing. The following motion in writing on changing -- these are three on bills.

PATSY SPAW: Mr. President, I ask unanimous consent for Senate 1167 relating to cemeteries and perpetual care cemetery corporations to be withdrawn from the committee on Health and Human Services and rereferred to the committee on Business and Commerce. Senator Carona author, Senator Nelson Chair committee for which bill is being withdrawn, Senator Carona Chair committee to which bill is being rereferred.

LT. GOVERNOR DEWHURST: Members, you heard the motion in writing. Is there objection from any member? The Chair hears no objections. So ordered.

PATSY SPAW: Motion in writing. Mr. President, I ask unanimous consent for Senate Bill 992 relating to the allocation of loans made under the owner builder loan program 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 for which bill is being withdrawn, Senator Lucio Chair committee to which bill is being rereferred.

LT. GOVERNOR DEWHURST: Members, you heard the motion in writing. Is there objection from any member? The Chair hears no objection, and the motion is adopted.

PATSY SPAW: Mr. President, I ask unanimous consent for Senate Bill 825 relating to the provision of affordable housing in rural communities and small municipalities 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 Chair committee to which bill is being referred.

LT. GOVERNOR DEWHURST: Members, you heard the motion in writing. Is there objection from any member? The Chair hears no objection from any member, and the motion is adopted. Again, members, the president's desk is clear. Are there announcements? Senator Shapiro.

SENATOR SHAPIRO: Thank you, Mr. President and members, the Senate finance subcommittee on public education funding will meet at 1:00 o'clock in the Senate -- I mean, in room E1028, E1028.

LT. GOVERNOR DEWHURST: E1028. All right. Senator Ogden. The Chair recognizes Senator Ogden for an announcement.

SENATOR OGDEN: Mr. President, members, the full Senate Finance committee will meet at 1:30 to take up and consider bills that have been previously posted.

LT. GOVERNOR DEWHURST: Thank you, Senator Ogden. Members, are there additional announcements? Hearing -- the Chair recognizes the Dean of the Senate for a highly privileged motion.

DEAN OF THE SENATE: Thank you, Mr. President. I would yield to a couple of my colleagues. I believe Senator Zaffirini would like to be recognized.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Zaffirini.

SENATOR ZAFFIRNI: Thank you, Mr. Chairman. Mr. President and members, I move that the Senate adjourn today in memory of my dear longtime friend Barbara Ann Caselin of Laredo. Some of you know her, some of you know her husband Federal Judge George Caselin and other members of her family. She was a wonderful woman, a dedicated leader, she personified volunteerism and she was a joy to know and truly loved her friends, her family and the many persons whom she helped. All of us who, now her will treasure her memories forever. Mr. President and members, I move that we adjourn in memory of Barbara Caselin of Laredo.

LT. GOVERNOR DEWHURST: A very fine lady, a very fine lady. You have the Floor.

DEAN OF THE SENATE: Thank you, Mr. President, members, I would that the Senate adjourn -- stand -- that we adjourn until Monday at 1:30 March 21st in memory of Barbara Ann Caselin and also Mundy Paele, Jr. and Edward Kelton.

LT. GOVERNOR DEWHURST: Thank you, Dean. Members, you've heard the motion by the Dean of the Senate. Is there objection from the Dean of the Senate? The Chair hears none, and the Senate will stand adjourned until 1:30 Monday March 21st in honor of Barbara Ann Caselin, Mundy Peale, and Elmer Kelton. (Adjourned.)