SENATOR ELTIFE: Senate will come to order. Secretary, please 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 ELTIFE: Members, a quorum is present. Senator Birdwell, for what purpose? Please proceed.

SENATOR BIRDWELL: Thank you, Mr. President. Members, our pastor of the day today is Reverend James L. Barnes. He is Dean Amertist of South Assemblies of God in Waxohatchee, Texas in Ellis County. I have had the privilege of knowing Pastor Barnes and his family my entire life, and I think the best way to introduce our pastor today is he is one of the finest gentleman I've known in the half century of my life. I am happy to welcome and have him join us today to offer our invocation. Thank you, Mr. President.

SENATOR ELTIFE: Thank you, Senator Birdwell. Would all those on the floor and in the gallery please rise for the invocation to be delivered by Reverend James Barnes, University Assembly of God of Waxohatchee.

PASTOR: Our God, the Father of all mankind. We pray for this 82nd Texas legislature calling upon you for wisdom to make wise decisions for our state of Texas and the people we serve. We confess that we're not wise enough by ourselves to solve the many problems before us. We ask for Your guidance by divine providence to help us make proper choices for the future of our state to meet the needs of our citizens. We thank You for listening to our prayers and for Your mercy and grace that we receive from You each day. Amen.

SENATOR ELTIFE: Thank you, Reverend. You may be seated. Members, Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there objection? The Chair hears no objection from any member, so ordered. Chair lays out the following resolution. Secretary, read the resolution.

PATSY SPAW: Senate Resolution No. 690, WHEREAS, The Senate of the State of Texas is pleased to join the Daughters of the Republic of Texas in celebrating the 175th anniversary of the decisive events that shaped the republic's creation; and WHEREAS, The late winter and spring of 1836 saw the rise of the hopes of Texans for liberty and independence from Mexico; delegates signed the Texas Declaration of Independence on March 2, 1836, affirming the principles of self-determination and proclaiming the creation of a free and sovereign Texas; and WHEREAS, Following a 13-day siege by the army of General Santa Anna, the Alamo fell on March 6, 1836, providing a rallying cry for the troops of General Sam Houston, whose defeat of the Mexican army at the Battle of San Jacinto on April 21, 1836, led to the establishment of the Republic of Texas; and WHEREAS, For the last 106 years, the Daughters of the Republic of Texas have served as caretakers of the Alamo and its historic legacy; this outstanding organization has diligently perpetuated the memory of the Texas pioneer families and soldiers whose determined efforts and sacrifices 175 years ago laid the groundwork for the founding of the Republic of Texas; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby commend the Daughters of the Republic of Texas for their outstanding stewardship of the Alamo and call on all Texans to commemorate the seminal events of 1836 that led to Texas' independence 175 years ago; and, be it further RESOLVED, That a copy of this Resolution be prepared in honor of these historic events by Wentworth.

SENATOR ELTIFE: The Chair recognizes Senator Wentworth on the resolution.

SENATOR WENTWORTH: Thank you, Mr. President. Mr. President and members, in 1891 cousins Betty Ballinger and Betty Brian conceived the idea of preserving the memory of the pioneer families and soldiers of the Republic of Texas by forming an association of their descendents. On March 9th, 1895, their idea came to fruition and the charter of Daughters of the Republic of Texas was filed in the Department of State. For the past 106 years the Daughters have worked tirelessly to preserve our state's history to ensure that our Texas heroes are not forgotten and to care for some of Texas' treasures including serving as the custodian of the Alamo. Today we have with us Patty Atkins, president general of the Daughters, if you'd raise your hand, Patty, so people know you. Karen Thompson, historian general, Karen Navarro and Caroline Reed. Representatives from district seven and eight respectively. We're also joined by Daughters from all over Texas, members, who are seated in the gallery. Please join me in welcoming these special guests to the Texas Capitol. I move adoption of Senate Resolution 690.

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

SENATOR WENTWORTH: Thank you, Mr. President.

SENATOR ELTIFE: Thank you, Senator Wentworth. Mr. Doorkeeper.

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

SENATOR ELTIFE: Admit the messenger.

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

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

PATSY SPAW: Senate Resolution 755. whereas, the Senate of the State of Texas takes great pride in joining the Texas Association of Counties in recognizing April 13th, 2011, as County Government Day at the Capitol; and whereas the week of April 11th through 15, 2011, is being observed by the National Association of Counties as National County Government Week to provide the nation's citizens with an opportunity to honor the many contributions made by county governments. And whereas, the oldest form of local government in the United States, county government addresses many critical issues including environmental protection, indigent health care, special assistance for the elderly, job training and public safety. And whereas, there are 254 counties in Texas and those dedicated individuals who serve our counties as elected or appointed officials not only work diligently to meet the needs of the citizens without placing an undue burden on taxpayers but also commit themselves to findings solutions to problems that will benefit all Texans. And whereas, the Texas Association of Counties encourage citizens across the state to observe National County Government Week by learning more about this vital form of local government and the many ways in which it serves the public. Now, therefore be it resolved that the Senate of the State of Texas 82nd Legislature hereby commend the county officials of this state for their countless contributions to Texas and welcome members of the Association of Counties to the State Capitol. By west.

SENATOR ELTIFE: The Chair recognizes Senator West on the resolution.

SENATOR WEST: Thank you very much, Mr. President and members. I rise in recognition of County Government Day at the Capitol. I've had the pleasure of working very closely with the Texas Association of Counties with numerous legislation since the beginning of my tenure in the Texas Legislature, but I have to admit I've been able to get a much better understanding of the inner workings of the county government over the last three sessions since being appointed as chairman of the Senate Committee on Intergovernmental Relations. The Texas Association of Counties is the voice for all Texas counties and county officials. Texas Association of Counties serves as a form for resolving county issues and is an essential vehicle for communicating the county perspective to both state officials and the general public. County government addresses many critical issues that will benefit all Texans. The individuals who serve as county officials and employees work diligently to meet the needs of citizens and find solutions to many pressing problems. Without placing an undue burden on taxpayers and with limited resources. Members, as we commend the county officials of the state for their outstanding contribution to Texas we have on the floor with us truly their leadership. We have the honorable Vernon Cook, current president of TAC and the county judge for Roberts County. He has served in that capacity, Senator Seliger, since 1991. We have the Honorable Bruce Elfine, vice president of TAC. Bruce is a county constable of Travis and has held Senator Watson's

(inaudible) since 1992. We have the honorable Don Allred who is currently on the board of director of TAC and have been in Ottom County -- Ottom County judge since 2002 -- 2007, Senator Seliger. And so, members, what is I'd like to do is at this time move adoption of Senate Resolution 755 as a testament to our thanks, our belief and thanks in working with TAC on many issues impacting in the state of Texas.

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

SENATOR LUCIO: Thank you, Mr. President. Chairman West, thank you for this important resolution. I had the privilege of being a county treasurer and county commissioner and work at the courthouse for 12 years and I can tell you nobody knows better than Senator Wentworth and I, because he had the privilege of being a commissioner as well, and there might be other members that served in county government as well that I'm not aware of, and I apologize for that. But we realize -- truly realize that the closest form of government, the people is the county government. And I want to thank Senator West again for bringing this resolution, allowing us an opportunity to expand on that. My father worked for the county for 30 years and ten kids. County government was important to us over those years when we grew up in Cameron County. So welcome, gentlemen, and I know you do a good job representing the counties all over the state. I was privileged to also serve as president of the county treasurer association back in 1976, so I'm an old-timer and I realize that county government is and will continue to be the closest form of government to people. Thank you.

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

SENATOR SELIGER: Thank you, Mr. President and members. I think that it gives one a perspective on county government when one represents a lot of counties. In the 21st District there's 36 counties and two of them are ed by Judge Cook and Judge Allred who epitomize the best in government, not just the best in local government. With commitment and acceptability they're very active in Austin to try and help us make laws and enforce regulations that really mean something, that doing for the people in the state of Texas that are not overly or needlessly burdensome on county government. It is a great honor to represent a part of the state of Texas that is represented so ably by these gentlemen and it's a great honor to be able to celebrate their contributions to the great state of Texas in honoring their county government today.

SENATOR ELTIFE: Thank you, Senator Seliger. Senator West has moved adoption of the resolution. Is there objection? The Chair hears none, resolution is adopted.

SENATOR WEST: Members, let's welcome our county elected officials to the great state of Texas the Senate. Let's give them a hand.

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

PATSY SPAW: Senate Resolution 684, WHEREAS, Residents of Live Oak County are gathering in Austin on April 13, 2011, to share their justifiable pride in their unique part of the Lone Star State; and WHEREAS, In the years before the land became part of Texas, the area now known as Live Oak County was home to Native American tribes, Spanish and Mexican colonists, and Irish immigrants, and this rich cultural diversity has greatly influenced the development of the area; and WHEREAS, The county was created on February 2, 1856, from San Patricio and Nueces Counties and was named after the imposing and majestic live oaks that grew throughout much of the region; and WHEREAS, The rugged beauty of Live Oak County's brushy plains is complemented by the Frio, Nueces, and Atascosa Rivers, and admirers of the Texas landscape are drawn to such attractions as Lake Corpus Christi and Choke Canyon State Park; and WHEREAS, Area revenue originally came from sheep, cattle, and cotton, but later was diversified by the discovery of oil and natural gas in the county in the 1930s and by the discovery of uranium in the 1960s; and WHEREAS, In addition to George West, the county seat, the communities located in Live Oak County include Three Rivers, Dinero, Lagarto, Oakville, Pernitas Point, and Whitsett, and residents of these towns join in honoring their distinctive part of Texas; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby recognize April 13, 2011, as Live Oak County Day at the State Capitol and extend to all those associated with this event best wishes for a meaningful and memorable day; and, be it further RESOLVED, That a copy of this Resolution be prepared in honor of this occasion by Zaffirini.

SENATOR ELTIFE: Members, can we have some order in the chamber? Thank you. The Chair recognizes Senator Zaffirini on the resolution.

SENATOR ZAFFIRINI: Thank you, Mr. President. Mr. President and members, it is my pleasure to sponsor Senate Resolution 684 honoring Live Oak County and recognizing today as Live Oak County Day at the Capitol. Live Oak County is home to 11,500 of my constituents and its important economic drivers include farming, ranching, oil, natural gas and uranium. Live Oak County's rugged beautiful landscape is complimented by the Frios, (inaudible) and Atascoca rivers. And outdoors enthusiasts are drawn to such attractions as Lake Corpus Christi and Joe Canyon State Park. Residents and visitors alike enjoy celebrations like the River Southwest Festival and the George West Story Fest, a celebration of Texas finest story telling traditions. Today, I'm delighted to welcome in the Texas Senate some esteemed Live Oak County leaders and friends. They include -- and I'd ask them to step forward as I call their names -- County Judge Jim Huff, father of my godson, Commissioner Donna Mills -- please step forward. County Auditor Tragina Smith and her son Preston and Allen Samsew. Mr. President and members, please join me in welcoming and in honoring Live Oak County leaders as I move adoption of Senate Resolution 684.

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

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

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

PATSY SPAW: Senate Resolution 758. Whereas the Senate of the State of Texas is pleased to designate Wednesday April 13th, 2011, as Texas Bow Tie Day at the Capitol; and whereas, Texas Bow Tie Day at the Capitol is a joint effort organized to highlight the benefits of bipartisan collaboration while raising funds for cancer research and survivorship. Sponsored by Eddie Lucio and railroad commissioner Michael Williams, this exceptional occasion serves as a model of bipartisan collaboration for a worthy cause; and whereas, Wednesday has long been a day associated with bow ties in the halls of the Capitol and Senator Lucio has played a leading role in furthering this tradition as sectorial elegance for almost two decades; and whereas, to commemorate the collaborative theme of this event a special bow tie has been designed by Bow Ties for a Cause, a charity associated by Cincinnati Bengals line backer Dahnie Jones who has also become known for wearing bow ties since he first wore one on the advice of and in honor of his friend, Kunta Littlejohn, who was fighting to recover from cancer. And whereas, the tie for Texas Bow Tie Day was designed to symbolically combine red and blue, the colors representing each side of the political spectrum, to create a purple bow tie that signifies cooperation and bipartisanship; and whereas, it is truly fitting that a day be set aside at the Capitol to acknowledge the importance of collaboration and cooperation in service of the greater good. Now, therefore be it resolved that the Senate of the State of Texas 82nd Legislature hereby commend Senator Lucio and Railroad Commissioner Williams on their commitment to seek common ground and extend best wishes to all those involved for a successful and memorable Texas Bow Tie Day at the Capitol. By Lucio.

SENATOR ELTIFE: The Chair recognizes Senator Lucio on the resolution.

SENATOR LUCIO: Thank you, Mr. President. Members, I'm pleased to be joined this morning by my son State Representative Eddie Lucio, III, here by my desk. Members, it truly is a pleasure to introduce Senate Resolution 758 designating today as Texas Bow Tie Day here at the State Capitol. On a Wednesday, on a Wednesday back in 1993, I happen to be wearing one of my now famous bow ties when my dear friend Florence Shapiro -- Florence Shapiro commented on how much she admired it and loved bow ties. So -- and that was it. On that day it was a Wednesday, so bow tie Wednesday was born thanks to Senator Shapiro. Since then I have worn a bow tie each Wednesday during the session without fail and political fact can check that statement if they want to. As a matter of fact, I did forget one of my bow ties back home and Senator Shapiro rushed over to the mall and bought me one to make sure I didn't skip a Wednesday. In addition to honoring a Senate tradition we're also partnering with Bow Tie Cause, Bow Tie Cause to help support cancer research and honor those who are cancer survivors. This is something dear to me since my daughter Linda is a survivor and also my sister Helen and, of course, some that were not so fortunate, in my family unfortunately succumbed to cancer. I know that you know some, some of your constituents that happened to unfortunately lose their fight to cancer. Bow Tie Cause was founded to help increase awareness and raise fund for various charitable and nonprofit organizations across the country. Assisting in causes such as the Ronald McDonald House, leukemia and lymphoma society and Juvenile Research Foundation, just to name a few. At this time I would like to welcome our floor -- our honored floor guest who -- if I do say so myself, looks pretty dapper here today. First of all, Dahani Jones, line backer for the Cincinnati Bengals and founder of the Bow Tie Cause. Would you step forward? Let's give hem a big hand. His best friend and inspiration for the organization Kunta Littlejohn, welcome. Wide receiver for the Cincinnati Bengals and former UT Longhorn Bonn Crosby, all right. And a very dear friend of my son's and I, Mr. James Frenzy, vice government of relations for Goodman Network who graciously purchased the bow ties we're wearing today and who has been instrumental in organizing the events today. And I thank him for that, Jim. Today we honor those recovering from cancer, we celebrate a bipartisan tradition. That's why we have these colors on. If you mix red and blue, you get this color TCU. The bow ties, TCU, where's Senator Duncan, that's Red Raiders though, where's Senator Davis? There she is. Who looks so good today and all the girls look great today. The bow ties are purple to represent each side of the political spectrum, as I mentioned, and signify the bipartisanship makeup of this chamber and our great state. I want to thank all who wore a bow tie, to members and Capitol staff. Thank you for supporting me, this organization, this chamber and most importantly this cause. Mr. President and members, join me in welcoming our guests to the Senate chamber as I move adoption of Senate Resolution 258. We will continue, members, to honor and celebrate tonight at the Driscoll Hotel along with the Texas Railroad Commissioner Michael Williams. I invite you and your staff to attend. And if you find yourself without a bow tie, there will be plenty at the reception for everyone. Move adoption of this resolution, Mr. President.

SENATOR ELTIFE: Thank you, senator Lucio. Senator Lucio moves adoption of the resolution. Is there objection? Chair hears none, resolution is adopted. Chair lays out the following resolution. Secretary, read the resolution.

PATSY SPAW: HCR64 declaring Wednesday April 13th, 2011, as Leadership Highland Lakes Day at the State Capitol and HCR65 declaring Wednesday April 13th as Leadership Colleen day at the State Capitol by Fraser.

SENATOR ELTIFE: The Chair recognizes Senator Fraser on the resolutions.

SENATOR FRASER: Thank you, Mr. President and members. We've got a group who very patiently waited today to be introduced. Please join me in welcoming to the Capitol, got the Leadership Highland Lakes and Leadership Colleen. Leadership Highland Lakes is in their 5th year and Leadership Colleen was established in 1986. Both groups work with current business and leaders to promote and support future leaders and community growth, involvement with local issues is also very important to these leadership groups. Please help me welcome to this group. And I would move to pass HCR64 celebrating Leadership Highland Lakes and HCR65 celebrating Leadership Colleen.

SENATOR ELTIFE: Members, Senator Fraser moves adoption of the resolution. Is there objection? Hearing none, so ordered. Let's welcome them to the Texas Senate.

SENATOR FRASER: And if you'd please stand, we would welcome you to the Texas Senate. Thank you.

SENATOR ELTIFE: Thank you, Senator Fraser. The Chair lays out the following resolution. Secretary, read the resolution.

PATSY SPAW: Senate Resolution 689. Whereas Williamson County Day is among the fastest growing counties in the nation with five of the fastest growing cities in the country; and whereas Williamson County is home to one of the fastest health care clusters in America with five new or expanded hospitals in the new Texas A&M Health Science Center; and whereas, Williamson County is a center for higher learning with historic Southwestern University, Texas State University of Round Rock, Austin Community College and East Williamson Higher Education Center; and whereas, Williamson County is home to the Electric Reliability Council of Texas operation center in Taylor which manages the majority of the state's electrical grid. Numerous leading companies focused on the creation of clean, renewable energy for the future are also located in the county; and whereas the Texas Life Sciences Collaboration Center in Georgetown is a growing and vital resource for the recruitment of emerging biotechnology, nanotechnology and medical device companies for the furtherance of scientific education in area public schools and universities; and whereas, the transportation infrastructure of Williamson County continues to be expanded to accommodate the area's growth and to ensure the safety of its residents and visitors; and whereas, Leeander with its transportation oriented development is a northern terminus of the natural commuter rail line. And Williamson County is among the safest places in the nation with one of the lowest crime rates anywhere; and whereas Round Rock, Cedar Mark and Georgetown have been listed among the best places to live right out the recession, launch a new business, and retire in America; and whereas Williamson County is the proud home of the Round Rock Express, AAA affiliate of the American League Champion Texas Rangers; and whereas Williamson County continues to provide active support of our troops in Iraq and Afghanistan and their families through the Adopt A Unit Program; and whereas Williamson County is widely known for its hospitality, goodwill, civil engagement, caring and support for neighbors in need and exceptional quality of life. Now therefore be it resolved that the Senate of the State of Texas 82nd Legislature hereby acknowledge the many fine attributes of Williamson County and recognize April 13th, 2011, as Williamson County Day. By Ogden.

SENATOR ELTIFE: The Chair recognizes Senator Fraser on Senator Ogden's behalf.

SENATOR FRASER: Thank you, Mr. President. I'm subbing for Senator Ogden today. I think all of us know he's having a very, very busy session and we're -- he's off doing work somewhere else, they asked me to do the resolution. I'm very, very honored today to recognize Williamson County Day at the Capitol. Members, Williamson County is one of the fastest growing counties in the nation with five of the fastest growing cities in the country. The county is home to one of the fastest growing health care clusters in America and a center for higher learning. It's among the safest places in the nation with one of the lowest crime rates anywhere. Round Rock, Cedar Park, and Georgetown have been listed among as the best places to live right after the recession, launch a new business and retire in America. The county is well known for its exceptional quality of life, for the hospitality, goodwill and civic engagement of its citizens. I'm pleased to introduce the floor guests with us today, these are neighbors of mine. I represent the counties to the west and we're very honored today to have Cedar Park mayor Bob Lemon, if you'll step forward. Thank you. Hutto mayor Debbie Holland. Round Rock council member Chris Whitfield, Taylor council person Chris Gonzales and the Georgetown chamber vice president Karen Sheldon. We have a -- we're welcoming the group of civic and business leaders from all across Williamson County and I think they're seated -- where? Back here. If you would stand. Members, let's welcome Williamson County today. And I would now move adoption to Resolution No. 689.

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

SENATOR WATSON: Thank you very much, Mr. President. I just want to say thank you to Senator Fraser for bringing this forward, and I've had the opportunity in wearing a couple of different hats here in Travis County in the city of Austin to come into contact almost on a daily basis with our friends of Williamson County including serving as chairman of the Metropolitan Planning Organization where we worked together on a variety of different bills and of course in my district, Cedar Park -- there's a part of the Cedar Park that is actually in Senate District 14. So I just want to take a moment to say how much I enjoy working with our friends from Williamson County on the issues that are so important to central Texas in this rapidly and prospering region. So thank you very much, and I certainly support this resolution.

SENATOR ELTIFE: Thank you, Senator Watson. Senator Fraser has moved adoption of the resolution. Is there objection? Chair hears none, resolution is adopted. Welcome to the Texas Senate. Members, if there are no objections, I would like to postpone the reading and referral of bills until after the session. Is there objection? Chair hears none, reading and referral is postponed. Senator Deuell, you ready? The following report from the nominations committee. Senator Deuell to explain the report.

SENATOR DEUELL: Thank you, Mr. President. Members, I move to confirm the nominees that are listed on the committee action report placed on your desks. These nominees were taken up and approved at our Monday, April 11th meeting.

SENATOR ELTIFE: Members, are there any request to sever? Hearing none, Senator Deuell moves that the nominees reported favorably from the nominations be confirmed. 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 ELTIFE: 31 ayes, no nays, the nominees are confirmed. Thank you, Senator Deuell.

LT. GOVERNOR DEWHURST: Members, I'm going to ask you if you would for -- just your attention just for a moment. We have visiting us from Little Rock the lieutenant governor of Arkansas, Mr. Mark Dare. So I wanted to welcome him to the Texas Senate. Members, that concludes the morning call. Senator Estes, are you ready on 1361? Chair recognizes Senator Estes for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 1361.

SENATOR ESTES: Thank you, Mr. President and members. Members, this bill simply raises the audit exemption cap from certain water districts from 100 no to 250,000. Under current law the water improvement districts are required to have all fiscal accounts and records audited by certified public accountant every year. Smaller districts are exempt if they have no outstanding bonds and have less than 100,000 in gross receipts. This bill increases the exemption cap from 100 now to 250,000. Districts would still be required to file an annual financial report with the executive director in lieu of complying with the annual audit and this literally came to me from some folks in a coffee shop in Senator Duncan's district in Benjamin, Texas and the cost of the audit was kind of wiping out all of their interest for the year. So with that, Mr. President, I move to suspend the Senate's regular order of business to take up and consider at this time Senate Bill 1361.

LT. GOVERNOR DEWHURST: Thank you, Senator Estes. Members, you heard the motion by Senator Estes. Is there objection from any member? The Chair hairs no objection from any member and the rule is suspended. Chair lays out on second reading Senate Bill 1361. The secretary will read the caption.

PATSY SPAW: Senate Bill 1361 relating to the audit reporting exemption for certain general and special law districts.

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

SENATOR ESTES: Mr. President, I move passage to engrossment of Senate Bill 1361.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Estes. Is there objection from any member? The Chair hears no objection from any member, and Senate Bill 1361 passes to engrossment. Chair recognizes Senator Estes for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR ESTES: So moved, Mr. President.

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

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

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 1361. The secretary will read the caption.

PATSY SPAW: Senate Bill 1361 relating to audit report exemptions for certain general and special law districts.

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

SENATOR ESTES: Thank you, Mr. President. I move final passage of Senate Bill 1316.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Estes. 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.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Senate Bill 1361 is finally passed.

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

LT. GOVERNOR DEWHURST: Chair recognizes Senator Huffman for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 1010.

SENATOR HUFFMAN: Thank you, Mr. President. Members, I move to suspend the Senate's regular order of business to take up and consider Senate Bill 1010. Senate Bill 1010 is designed to provide a greater sense of fairness and justice to the victims of crimes. Currently there is no effective requirement that any notice be given to a victim or the victim's family prior to an acceptance of a plea deal by the judge between the prosecution and the defendant. Senate Bill 1010 places an expressed duty on the prosecutor to provide notice to the victim before presentation of the plea deal acceptance. Prosecutors are to provide the notice if reasonably practical. Senate Bill 1010 would also require that judges inquire as to whether the DA or the assistant DA has given notice to the victim or the victim's family, as the case may be. This bill will provide a greater senses of notification for victims and accountability for judges and prosecutors. In the interest of justice, a victim should at least be notified prior to the prosecution's acceptance of a plea agreement especially when it results in a lesser charge or lighter punishment. Mr. President, I move to suspend the Senate's regular order of business.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Huffman. Is there objection from any member? Chair hears no objection and the rule is suspended. The Chair lays out on second reading Senate Bill 1010 by Senator Huffman. The secretary will read the caption.

PATSY SPAW: Senate Bill 1010 relating to providing a victim, guardian of a victim or a close relative of a victim with regard to a plea agreement.

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

SENATOR HUFFMAN: I move passage to engrossment on Senate Bill 1010.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Huffman. Is there objection from any member? The Chair hears no objection from any member and Senate Bill 1010 passes to engrossment. Chair recognizes Senator Huffman for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR HUFFMAN: So moved.

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

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

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 1010. The secretary will read the caption.

PATSY SPAW: Senate Bill 1010 relating to providing a victim, guardian of a victim or close relative of a deceased victim with notice of a plea bargain agreement.

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

SENATOR HUFFMAN: I move final passage of Senate Bill 1010.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Huffman. 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.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Senate Bill 1010 is finally passed.

SENATOR HUFFMAN: Thank you, Mr. President.

LT. GOVERNOR DEWHURST: The Chair signs in the presence of the following Senate Bill.

PATSY SPAW: Senate Bill 115 and Senate Bill 569.

LT. GOVERNOR DEWHURST: Senator Seliger, 1431. The Chair recognizes Senator Seliger for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 1341.

SENATOR SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider at this time Senate Bill 1341. Senate Bill 1341 brings conformity to the tax code by conforming section 25.25 of the tax code which allows for an appeal to correct clerical errors of the appraisal with section 42.08 of the tax code by providing taxing units with the authority to intervene in a section 2525 appeal for a limited purpose of assisting the court in determining whether the property owner has complied with a prepayment requirement. I move suspension.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Seliger. Is there objection from any member? Chair hears no objection and the rule is suspended. Chair lays out on second reading Senate Bill 1341. The secretary will read the caption.

PATSY SPAW: Senate Bill 1341 relating to a participation by a taxing unit in a (inaudible) to compel an appraisal review board to order a change in an appraisal role.

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

SENATOR SELIGER: Mr. President, I move passage to engrossment of Senate Bill 1431.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Seliger. Is there objection from any member? Chair hears no objection from any member and Senate Bill 1431 passes to engrossment. Chair recognizes Senator Seliger for a motion to suspend the constitutional rule that bills be read on three days.

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

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Seliger. 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.

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 1341. The secretary will read the caption.

PATSY SPAW: Senate Bill 1341 relating to the participation of a taxing unit in a suit to compel an appraisal review board to order a change in appraisal role.

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

SENATOR SELIGER: Mr. President, I move final passage of Senate Bill 1341.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Seliger. 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.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Senate Bill 1341 is finally passed. Congratulations.

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

LT. GOVERNOR DEWHURST: 652. Chair recognizes Senator Hegar for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 652.

SENATOR HEGAR: Thank you, Mr. President and members. Senate Bill 652 is the sunset schedule bill and really this is the shell sunset schedule bill that we'll send over to the House of Representatives and then they will make adjustments depending on the agencies that actually pass that are under the sunset schedule review this cycle and whether we need to put some back in and we'll make adjustments when we get to the House. We'll bring it back to the Senate, ask everybody, make sure everybody has an opportunity to know what's in the sunset cycle for review for 2013, 15, 17, 19 and beyond. The bill really moves something forward, moves something back just because it's a shell bill that we'll send to the House of Representatives. And I will move to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 652.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Hegar. Is there objection from any member? The Chair hears no objection from any member and the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 652. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 652 relating to governmental entities subject to the sunset review process.

LT. GOVERNOR DEWHURST: Chair lays out Floor Amendment No. 1 by Lucio. Secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Lucio.

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

SENATOR LUCIO: Thank you, Mr. President. Members, this amendment would restore what is currently in statute by pushing the sunset date for the Inner Agency Task Force for Children with Special Needs back to 2015. Members, as you know, last session both chambers passed Senate Bill 1824 unanimously which created the Inner Agency Task Force for Children with Special Needs. This task force had two primary goals, No. 1 to increase government accountability and efficiency and to improve the quality of services provided to people and young children with special needs. I have a lot of respect for the hard work Senator Hegar and his committee has done on all the sunset bills, it's certainly not an easy job. In committee Senator Hegar stated his intention to move this bill into conference, but I feel that task force duties are far too important to the children of Texas to leave it to chance. I believe the amendment is acceptable to the author. So I move adoption.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Hegar on Floor Amendment 1.

SENATOR HEGAR: Thank you, Mr. President. Thank you, Senator Lucio. As we talked about in committee, we just literally were picking an agency to move toward and one to move back so we could move the legislation. This doesn't really impact and so more than happy. It's acceptable to the author.

SENATOR LUCIO: Thank you, Senator Hegar.

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

SENATOR WILLIAMS: Question of the author of the amendment.

LT. GOVERNOR DEWHURST: Will Senator Lucio yield?

SENATOR LUCIO: Yes, I yield.

SENATOR WILLIAMS: I just -- I'm sorry, I'm a little behind the curve here. I'm just trying to determine what we're doing here with this amendment. Can you point me to the language in the bill that's being instructed just so I can understand what we're doing here. We got to moving there, and I wasn't sure what we've really done.

SENATOR LUCIO: Senator Williams, as I stated last session, both chambers passed Senate Bill 1824 unanimously which created -- last session created the Inner Agency Task Force for Children with Special Needs and the task force had two primary goals which were to increase government accountability and efficiency and to improve the quality of service provided to children and young people with special needs. And I just want to make sure, Senator Hegar stated his intention to move this bill into conference, but I just waned to make sure and I felt that the task force duties are far too important to the children of Texas to leave it by chance that this would be done. So I'm just asking us to do this on the floor.

SENATOR WILLIAMS: So I think what we're doing here -- seems like there's a typographical error in the amendment. What you're really doing is you're taking lines 20 through 23 and striking that language and the amendment that I have shows lines 12 through 20 which would include the enacting clause and other stuff, is there a typo? I'm sorry, did you -- maybe you explained that in the beginning and I didn't catch that.

SENATOR LUCIO: Now, we're just pushing the sunset date back for the Inner Agency Task Force for Children with Special Needs back to 2015. That's all we're doing with this amendment.

SENATOR WILLIAMS: Okay. Thank you.

SENATOR LUCIO: Thank you.

LT. GOVERNOR DEWHURST: Members, Senator Lucio moves the adoption of Floor Amendment No. 1. It's acceptable to the author, Senator Hegar. Is there objections from any member? Chair hears no objection from any member and Floor Amendment No. 1 is adopted. Chair lays out Floor Amendment No. 2 by Senator Ellis. The secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 2 by Ellis.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Ellis on Floor Amendment two.

SENATOR ELLIS: Thank you Mr. President and members. Could I get a little order? Mr. President, I just want to make sure they understand this amendment. Thank you.

LT. GOVERNOR DEWHURST: Senator Ellis is asking that folks read the amendment, Floor Amendment No. 2.

SENATOR ELLIS: Mr. President, I hope that this amendment will get the bipartisan attention that I think it deserves. It's a straightforward amendment, members, that will place the State Board of Education under periodic sunset review beginning in 2013. The same year that the Texas Education Agency is scheduled to be reviewed. This amendment is not about politics. It is not about politics, it is not about evolution or American conceptualism or sex education. It's about efficiency, transparency and good government. It's about ensuring that the agency that writes the curriculum standards for our children operates as effectively as possible. I want to be clear, members, Sunset Advisory Commission will not review the members of the State Board of Education, only the voters can do that. Just the procedures under which they operate will be reviewed. I know some members may be asking themselves, well, is it appropriate to review an agency headed by elected officials. I want to point out to you, the sunset review process already occurs for the Department of Agriculture. Last time I checked that is an elected official that runs the Department of Agriculture. The Railroad Commission, in fact, we have debated that issue very seriously in committee and that will be a major bill that will come on the floor carried by my friend Senator Hegar involving the Railroad Commission very soon. A major bill, sweeping changes involving a Railroad Commission. Well, we don't have one, we have three constitutionally elected officials. The constitution only provides for the State Board of Education for the purpose of managing the permanent school fund to provide free text books to Texas school children. The board's other duties are provided by statute and in my judgment are subject to review. The State Board of Education's authority over curriculum content, for example, is explicitly given to the SBEO by the legislature. It is absolutely critical for the Texas legislature to have an opportunity to review how these powers are being exercised. Members, the 4.9 million school children in Texas deserve no less. And I hope that this amendment is acceptable to the author and I hope that it's acceptable to all 32 of us here in the Texas Senate and the presiding officer. I move adoption.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Shapiro to speak on the amendment.

SENATOR SHAPIRO: Thank you very much, Mr. President. With all due respect, and I'm sorry that I knew nothing about this or I would have been not as eloquent as you, because you are always eloquent, but I at least would have had some words of wisdom. I think this is misplaced, I think this is looking at an elected body through the eyes of something that you and others don't like. Although they were elected, curriculum standards are the issue here. Even if you say they're not. And I am of the opinion that as an elected body the very last thing that I would think we would want to do to other elected bodies is to give them instruction as to how they are to run their entity, their elected entity which is, by the way, a part of our constitution. The idea that we would not be studying in a sunset review the individuals and it would only be about the structure is also misplaced in the fact that you can do that every single time they have one of their meetings, they are as open and above board in their meetings as any one of us are, they live by the same standards that all of us live by, they are committed to their position in education as we are to ours. It is absolutely imperative, in my view, that if, in fact, you want to review the things that they do and the way that they do them, there is currently a way to do that. It is called a ballot box, and you can spend more time making a lot better decision about what they do if we were to study and get candidates that you, Senator Ellis, or someone else might want. But to put them under a sunset review process is absolutely, in my view, disingenuous for -- and for the wrong reasons. So with all due respect, I will oppose your amendment.

SENATOR ELLIS: Well, Senator Shapiro, if I might, if you'd yield for a question.

SENATOR SHAPIRO: Of course.

SENATOR ELLIS: How do you make a distinction between putting the agriculture commission under the sunset review process and the Railroad Commission, and might I add that the sunset review bill that we are going to consider on this floor makes some very major changes in the Railroad Commission. If you -- although I know you got it today and I'll be more than happy if the author wants to pull the bill down to have members think about it. If you look at the bill, I don't go -- with all due respect to you, Senator, in any of those issues that you talk about, it simply says on five little lines the State Board of Education is subject to review under chapter 325 of the government code but is not abolished under that chapter. The board shall be reviewed during the periods in which state agencies scheduled to be abolished in 2013 and every 12th year after that year are reviewed. All it's saying is, take the State Board of Education through the sunset review process as we do for other entities where statewide constitutionally authorized elected officials are. To take them through the process, come up with recommendations that the Sunset Commission may recommend, may agree to, may not agree to and then we consider it. I even have a separate bill that I'm hoping that Senator Ogden will cosponsor because a lot of it is his idea, I've talked to Senator Duncan about it, where we try to take a lot of the tax breaks through a similar process that we have passed. So this concept which is pretty novel for Texas. I think the sunset review process initially came out of Colorado but in Texas, many years ago, many decades ago our predecessors that sat at these desks took it to a whole different level. So what I'm saying to you is, if you just look at this amendment, you just got it today, it really is pretty straightforward and the Sunset Commission may come back and say everything that goes on in the State Board of Education is perfect. They may have recommendations, it would give that board and the folks who worked there an opportunity to make their case for any legislative changes that we would consider.

SENATOR SHAPIRO: With all due respect, once again, are you trying to get at the way they operate or are you trying to get at the individuals because you don't like the decisions they're making, honestly?

SENATOR ELLIS: It has nothing to do with the individuals, and in the sunset review process we couldn't get rid of those individuals.

SENATOR SHAPIRO: Well, it says might abolish the agency. I mean, it says to abolish in 2013 and every 12th year thereafter. That's what the purpose of the sunset review process is. To see if the agency is worthy of staying in place. What you got here is to say that these individuals, we're going to review you to see whether you're worthy of staying in place. We're dealing here --

SENATOR ELLIS: No, no. Let me make sure I'm clear, our constitution provides that the SBOE will be there for the purposes laid out in the constitution and that would be to manage the department of school fund and to provide textbooks to the students in Texas.

SENATOR SHAPIRO: Okay. You asked me earlier what about the other agencies, the Department of Agriculture, the Railroad Commission, they all have -- they do not have commissioners. The commissioner and the state school board work together. They have elected one official or three officials that actually run the agency. These people do not run the agency, the commissioner runs the agency. The commissioner and agency come under review every 12 years, and I don't believe that this particular amendment is going to get out what I think your problem is, and I don't think at this moment in time the review of this particular group of individuals is appropriate, nor do I think it is being done in a manner in which we would actually be looking at what they do mechanically but rather how they do their job individually. And I'm going to leave it at that. But I'm a no with your amendment.

SENATOR ELLIS: Thank you.

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

SENATOR NELSON: Question of the author of this amendment.

LT. GOVERNOR DEWHURST: Will Senator Ellis yield?

SENATOR ELLIS: It's my honor.

SENATOR NELSON: Senator Ellis, Senator Shapiro articulated a lot of the same thoughts I was having when I saw this amendment. Is there a standalone bill in the House that's trying to do this same thing?

SENATOR ELLIS: I don't know. I do know that in previous sessions I have suggested a sunset review of the State Board of Education, and I want to stress to you that we could not through the sunset review process take away the duties that are given to that board under the state constitution, the state constitution would have to be amended. So if there is a bill over there, I am not sure. All I'm trying to do under this amendment is simply say the SBOE's authority over curriculum content, for example, is explicitly given by the legislation, that issue could be reviewed, it's absolutely critical for the legislation to have an opportunity to review those powers and how they exercise because we gave them to them by statute and anything else involving the functions. The things that they do at that agency would be reviewed, which is what is happening with the Railroad Commission and the Department of Agriculture.

SENATOR NELSON: Okay. I can tell you the answer to my question and that is yes, there is a bill over in the House that's trying to do the same thing, and I know that you're very aware of the hesitancy that we have on sunset bills to add what should be a separate piece of legislation onto a sunset bill if -- and I'm going to ask Senator Hegar if this issue was discussed during the sunset process when you looked at this issue extensively, and he's telling me not that he recalls. Senator Ellis, don't you think that the voters review the State Board of Education when the election time is up?

SENATOR ELLIS: Senator, I think that the voters of Texas review the Agriculture Department commissioner, and I think the voters of Texas review the Railroad Commission. But the sunset review process, as you know, in and of itself, cannot abolish something that is in the constitution.

SENATOR NELSON: Understood. But don't the voters review the State Board of Education when those members are up for election? Or reelection.

SENATOR ELLIS: You could make the argument, with all due respect, that voters review everything that goes through the sunset review process because they review us. So I'm just making a case to you, there really is no distinction between the sunset review process that we have given to the Railroad Commission and we're going to vote on recommendations and the sunset review process that went through the agriculture commission and I might add, the land commission as well. I can recall when I had this bill a couple of sessions ago, I think Commissioner Patterson may be the person who pointed out to me he too is a constitutionally created office.

SENATOR NELSON: You know, Senator Ellis, I think -- in fact, I am sure I'm the only person on this floor who actually served on the State Board of Education and there is some history to that board that some members may not be aware of. You are -- because I think you were here during House Bill 72 and that whole movement, were you in --

SENATOR ELLIS: I'm not as old as I look, I know some may think --

SENATOR NELSON: Well, I am a lot younger than I look. Senator, during the era where there was a great deal, Secretary Bell issued his -- he was the national secretary and he issued A Nation at Risk which kind of set off alarms throughout the country about what was going on in education. We very closely -- that's when we no pass, no play, and a lot of the reforms. There were very good reforms, and one of the things we had was elected State Board of Education. I think there were 30 some members, 36 members and one of the issues was kind of same thing we're looking at here. Let me finish -- they were looking at it from a different perspective. There were some people who weren't happy with that board and decisions they were making and they were elected and how was that going to change. And part of House Bill 72 proposed that that elected board go from an elected board to an appointed board. And the public didn't like that. They wanted to be able to elect their State Board of Education, and what emerged from that was for four years they went to an appointed board. And after that four years the public would have the right, and this is the important part, to decide whether they wanted an elected or an appointed board and the public voted overwhelmingly that they wanted to elect their State Board of Education and, in fact -- I was very involved in all that, not as an elected official, but they wanted to have input into the kinds of decisions that you want to have discussed through the sunset review process rather than by the State Board of Education. I kind of think Senator -- I don't think -- I believe Senator Shapiro's right when she said this may be about policy. But, Senator, I remember too, when we had a State Board of Education with the philosophy that was pretty much at the whole other end of the spectrum philosophically from this board, and that could happen again. But bottom line is people get to vote. If they don't like the philosophy of the person that's sitting in that seat, replace them. That's where the power is, Senator. And I don't think this needs to be a part of sunset review process and would urge you if you do, have it be a separate bill.

SENATOR ELLIS: May I respond?

SENATOR NELSON: Sure.

SENATOR ELLIS: Senator, this amendment is not about politics. You and I may have reasonable and legitimate differences of opinion about people who own the Railroad Commission or somebody who is the land commissioner or the ag commissioner and that's fair. This amendment is about efficiency, transparency and good government. This amendment is about the very crux of why Texas has a sunset review process that is respected around the country by all 50 states as the premiere sunset review process. And I would remind you, Senator, in 2005, you added parental consent to the medical examiner sunset bill. I think maybe the session before that I added the prescription drug benefit amendment to then Senator Whitmire's bill that gave me the latitude to do that and the courts struck it down sometime later. But this is not a sunset bill, this is a sunset calendar bill. So in committee, there was no need to raise it. I think if you decide to raise the point of order, you'll find out that there is not one to be raised on this, so all I'm saying is as a good government, transparency, efficiency measure, the State Board of Education, because they are so important to the future of our state and all our children and grandchildren, the very least we ought to do as a good government measure is have the State Board of Education go through the sunset review process with responsible people like the chairman and you and any others that the presiding officer puts on this side or the other side of the aisle on the Sunset Commission. They may come back and say everything that happens at the State Board of Education is perfect and they don't need to make any changes or they may say, we think they should do this or we think they should do that as they do with all other agencies and that's all this amendment does. If somehow there's some concern that it would go into some political issues, I would be more than happy to take an amendment to the amendment to narrow the areas of review, although we don't do that for any other constitutionally created officers that are reviewed under the sunset review process. But this, my friend, is about good government and not about politics.

SENATOR NELSON: You know, you and I agree that they need to be efficient and transparent and all those other things. Where we disagree is that I think that needs to happen at the ballot box and this would be your pathway, but we do agree that that needs to happen and I think that people need to pay more attention to who's running, who they're voting for and what they do after they get elected. So thank you. I respectfully oppose your amendment.

SENATOR ELLIS: Thank you very much. I move adoption.

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

SENATOR HEGAR: Thank you, Mr. President and members. Senator Ellis, I appreciate you bringing this forward and us having this debate, I think a lot of the debate is whether the State Board of Education should be under review. I think that's what Senator Shapiro and Senator Nelson have asked a lot about, and you very accurately made the point on whether elected officials on other types of agencies or commission are under review they are. My concern is purely that for the next review cycle as of today, and I know that will change the House when they set the schedule and when it comes back to us for conference for us to all have input into what will be reviewed next cycle, we have Health and Human Services up for review between now and next session, which is all of Health and Human Services which is a vast agency, very important in the State of Texas. We have Department of Criminal Justice, the Board of Pardon and Paroles, a whole host of state agencies that in the schedule today. There's 37 in total, which is unmanageable, that number is going to have to be reduced in order for us to do an adequate job on reviewing those state agencies, so that's No. 1. No. 2, the fact that this is going to cost at least a few employees at sunset to do this review appropriately and the fiscal note that is on the bill in the House is around $115,000 plus or minus, and so my concern is that we're going to add about $115,000 fiscal note by putting this in here. And in my opinion during this very difficult time that we as legislators are struggling to make sure that we meet the very basic needs and first and foremost the basic needs are making sure that our children, which I think a lot of the debate was talking about, and children, making sure their services are met. That we need to make sure that if we have $115,000, let's put that in the classroom and that's several teachers that we can keep employed. And I would like to make sure that we employ those teachers with that $115,000 than reviewing a State Board of Education. So with all due respect, I would rather not accept this amendment and I would ask to table it. But I will say this, I do think that the debate and the discussion on whether State Board of Education fits in from a policy perspective to sunset or not, that is worthy of discussion in this building, just like you mentioned with Railroad Commission and we made some fundamental suggestions and changes and we passed that out of this chamber about ten days ago, and I appreciate your help and work on that as most members in this floor, we needed to make those changes and we stood firm and we did, I think that's important. So the discussion about whether or not we need to do that with the Board of Education (inaudible) but in this budgetary time, I don't think now's the time to do it. So with all due respect, I would have to ask that we table the motion for the adoption of the amendment, Senator.

SENATOR ELLIS: Will the Senator yield for a few questions?

SENATOR HEGAR: Gladly.

SENATOR ELLIS: I do appreciate, Senator, that you recognize it's a stretch to try to make a distinction between reviewing the Railroad Commission, the agriculture commission, other statewide entities are totally elected officers are there and the State Board of Education and that's an important point. And all of us on this floor know that that separate bill that may be working its way through the process will never see the light of day. And although I know the Sunset Commission has a tight schedule, 37 entities, I would suggest to you, Senator, we could take some of those 37 off because all of them have been reviewed at some point through Sunset Commission process before. But we're talking about an entity that is responsible for 4.9 million children, Chairman Ogden, including your grandchildren. That's what the State Board of Education is doing. You're talking about the biggest driver of economic development in Texas, whether you in the first class school or you're catching the early bus to get to a school. So, members, I just want to say to you, you ought to really think about this one. The idea of going through the sunset review process on a standalone bill, we know that's not going to happen. And Senator, I commend you for being very creative and tenacious on that Railroad Commission bill. I mean, that was a tough one with a lot of heat. And if you could take the heat on that one, you can take the heat on reviewing the State Board of Education. And I want to say this to you, what they do at the State Board of Education is far more important, with all due respect. Than what they do at the Railroad Commission. Would you agree with that? That's the question.

SENATOR HEGAR: I think what they do is very different than regulating an industry. I know that the jobs are extremely different. Now, whether to say the job is more important, I think "important" is a term that we have to define upon which the purpose of the mission of that agency or that board. So all of those are very important in the State of Texas and so, therefore. I don't think that it's a question of really which one is more important or not at least for reviewing purposes. But I think it is important that we make sure at least in this budgetary process that we are focusing resources where they most need to go and that's in a classroom.

SENATOR ELLIS: Well, one last question. Would you be amenable to withdrawing your motion to table if I were to change the date in your bill and say review them two years later? The point is if we're serious about taking the State Board of Education through the sunset review process, you know how hard that is. I mean, not what we do for the 140 days that we're here but we're talking about one of the basic tenets of why this state was created, to have a free public school system in part. I mean, would you be amenable -- I'm not hung up on when it's done, that would put me in the realm of politics, to be honest with you. So if I could make the argument I won't care if we did it six years from now, ten years from now. The point is we ought to have that systematic review of the State Board of Education just as you have done a great job on it coming here, oftentimes every month at least every other month during the interim on the sunset review process, it matters. So the question is if I were to change the date, would you be amenable to it in this scheduling bill?

SENATOR HEGAR: I think that's a very interesting question. I think the question has to be -- if you say I don't really care when it is, I think you said ten years, I think really you were just making a point. But if you think it's important and needs to be sooner than later and not ten years out. But I would say this that the good thing is next session, we have that opportunity to have that debate on whether it should be in there in two years. A lot of these agencies will be moved around to make it fit and we typically allow the chamber who's going to Chair the commission in the next cycle to initially set that schedule before it comes to the other chamber, and they'll bring it back for conference. But to me I think that this No. 1, is a cost issue. That's the issue of today. So, therefore, the question is in the future, then that is a major policy decision and I think that major policy decision we need to have a debate on and not necessarily put it in the schedule bill. To answer a question that you had earlier, a comment or a point that we all know that the bill that's in the House will never see the light of day. I don't necessarily know that because the amazing -- and how history would show that the probability that it may not because this process is, there's a lot of bills are filed, the probability is most of them, they're not going to see the light of day and that's a good thing. But you never know what's going to happen in this building during a legislative process.

SENATOR ELLIS: Only because I had a bill in the Senate, it never saw the light of day. And I only have to persuade 31 -- 21 out of 31 over here, so I'm pretty sure over there it will never see the light of day. But if I were to tweak it, to make it two years later would it be amenable to you?

SENATOR HEGAR: No, sir. And I appreciate you asking the question and trying to come up with a solution as we're talking and discussing this here on the floor. I appreciate that. Senator. You're always willing to come up with a creative solution. I appreciate that.

SENATOR ELLIS: Thank you, thank you. We can vote. You want to vote up or down or you want to vote twice?

SENATOR HEGAR: Yeah, let's just go ahead and vote. We'll see if this is the only time. I make a motion to table Floor Amendment No. 2, Mr. President.

LT. GOVERNOR DEWHURST: Senator Hegar moves to table Floor Amendment No. 2. I am going to --

SENATOR ELLIS: I'll briefly speak against it so they know how they're voting at least.

LT. GOVERNOR DEWHURST: All right. It's opposed by the author. The secretary will call the roll. This is a motion to table Floor Amendment 2 by Senator Hegar opposed by the amendment -- right. Okay.

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.

LT. GOVERNOR DEWHURST: Members there being 19 ayes and 12 nays the motion to table prevails. The Chair recognizes Senator Hegar for a motion.

SENATOR HEGAR: Thank you, Mr. President. I move passage to engrossment of Committee Substitute to Senate Bill 1652 as amended.

LT. GOVERNOR DEWHURST: Thank you, Senator Hegar. Members, you heard the motion by Senator Hegar. Is there objection from any member? The Chair hears no objection from any member and Committee Substitute to Senate Bill 652 as amended passes to engrossment. Chair recognizes Senator Hegar for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR HEGAR: So moved, Mr. President.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Hegar. 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.

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair recognizes Senator Hegar for a motion.

SENATOR HEGAR: Thank you. Mr. President. I move final passage of Committee Substitute to Senate Bill 652 f.

LT. GOVERNOR DEWHURST: I'm sorry. The -- the Chair lays out on third reading and final passage Committee Substitute 652 as amended -- I've only done this a thousand times and I've forgot. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 652 relating to governmental entities subject to the sunset review process.

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

SENATOR HEGAR: Thank you, Mr. President. Move final passage of Committee Substitute to Senate Bill 652.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members you heard the motion by Senator Hegar. 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.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Committee Substitute to Senate Bill 652 as amended is finally passed. Senator Lucio, 1846? Chair recognizes Senator Lucio for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 1846.

SENATOR LUCIO: Thank you, Mr. President. Members, I'd like to move to suspend the Senate's regular order of business to take up and consider at this time the Committee Substitute for Senate Bill 1846. Mr. President and members, the Charitable Immunity and Liability Act was first enacted in 1987, which I voted for as a House member back then. With the purpose of reducing the liability, exposure and insurance cost of charitable organizations, the aim was to encourage citizens to volunteer so that the resources of the charities would be properly devoted to delivering charitable services. The act provides that as long as the charity maintains a certain minimum amount of insurance then the act give immunity for certain types of liability. There are many different insurance products including Lloyd's plans, indemnity policies and self-insurance retentions called SIR, recently questions have arisen as to which of these insurance products qualify as insurance coverage under the act. The Committee Substitute for Senate Bill 1846 does two things, members. First, it clarifies that a church recognized as an exempt organization under section 501C3 or (4) of the Internal Revenue Code is a charitable organization code under the act without having to provide additional evidence of such status. This will give churches the same advantages of the act that nonprofit corporations enjoy. This is important because many churches, while they are nonprofit, are not nonprofit corporations. Secondly, members, the bill clarifies that SIRs, Lloyd plans, and indemnity policies qualifies acceptable insurance. The bill also requires that SIRs and indemnity policies to be paid -- to be paid or to be payable so that the funds are there and can be reached by a successful payment. Members, many parties worked diligently to craft this legislation. We have had support from such diverse groups as the Catholic Conference, the Civil Justice League, the Baptist Convention and the Trial Lawyers. Move suspension of the rules, Mr. President.

LT. GOVERNOR DEWHURST: Thank you, Senator Lucio. Members you have heard the motion by Senator Lucio. Is there objection from any had been? Chair hears no objection from any member and the rule is suspended. Chair lays out on second reading Committee Substitute to Senate Bill 1846. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1846 relating to organizations that are covered by the Charitable Immunity and Liability Act of 1987.

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

SENATOR LUCIO: Move passage to engrossment, Mr. President.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Lucio. Is there objection from any member? Chair hears no objection from any member and Committee Substitute to Senate Bill 1846 passes to engrossment. Chair recognizes Senator Lucio for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR LUCIO: So moved, Mr. President.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Lucio. 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.

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 to Senate Bill 1846. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 146 relating to organizations that are covered by the Charitable Immunity and Liability Act of 1987.

LT. GOVERNOR DEWHURST: Thank you, Madam Secretary. Members, you heard the motion. The Chair recognizes Senator Lucio for a motion.

SENATOR LUCIO: Thank you, Mr. President. Members, I'd like to move final passage for the Committee Substitute for Senate Bill 1846.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Lucio. 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.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, the Committee Substitute to Senate Bill 1846 is finally passed.

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

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Harris for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 1617.

SENATOR HARRIS: Mr. President, I so move that we take up and consider Senate Bill 1617 at this time. Basically, this is -- this addresses if there's a case where a person is injured, the claimant, the victim is injured, there is a minor who does it, the child is certified to the juvvy process, but in turn such as in the case at hand, nine months later the injured party died from the injuries he receives by being beaten by the juvenile with the baseball bat, this means they can certify and recertify him as an adult. Mr. President, I move suspension.

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

SENATOR WEST: Just a question of the author.

LT. GOVERNOR DEWHURST: Will Senator Harris yield?

SENATOR HARRIS: Yes.

SENATOR WEST: So Senator Harris, the juvenile has been certified as a child?

SENATOR HARRIS: As a juvenile.

SENATOR WEST: As a juvenile. And you're saying that if someone dies, the person is recertified? I'm not understanding this, because we do have indeterminate sentences right now.

SENATOR HARRIS: The defendant can only be charged in this manner if one of the elements of the homicide or intoxicated manslaughter had not occurred when the defendant was originally certified as a child.

SENATOR WEST: I'm not understanding that really. If you're certified, I assume that having done some certifications that everything is taken into consideration at that time as it relates to whether or not the person is being certified as a juvenile or as an adult and then we have the indeterminate sentences. You and I worked back in whatever it was.

SENATOR HARRIS: Well, the distinction that they made to me in this particular case, it was an older gentlemen who was delivering pizza. He was beaten with a baseball bat.

SENATOR WEST: I recall that, yes.

SENATOR HARRIS: Over in Tarrant County. What this is down to since he'd been certified as a juvenile, they were going to have to turn him loose.

SENATOR WEST: I'm sorry?

SENATOR HARRIS: They were going to have to turn him loose whenever the juvenile's term was over with, and this man lingered for nine months before he physically died and that's what they're saying. One of the elements of the murder or manslaughter was not present at the time the young man was certified as a juvenile.

SENATOR WEST: What about indeterminate sentences though?

SENATOR HARRIS: Sir?

SENATOR WEST: What about indeterminate sentences in that situation? I mean, that's what you and I worked on for these hideous crimes that are being committed by juveniles. Would not this fit within that framework where the person would ultimately end up going to the penitentiary after they spend time in the juvenile justice system?

SENATOR HARRIS: Yes. I think the problem here was that the DA's office had no idea that the man's actual injuries were severe as they were.

SENATOR WEST: Could you pull this down for a few moments?

SENATOR HARRIS: Sure, would be glad to.

LT. GOVERNOR DEWHURST: Members, Senator Harris temporarily withdraws his motion. 1273, Senator Williams. The Chair recognizes Senator Williams for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 173.

SENATOR WILLIAMS: Thank you, Mr. President. Members, Senate Bill 1273 makes several changes to the Texas Controlled Substance Act. These improvements are a suggestion suggestions of the Inner Agency Council that we created last session with House Bill 2730 to study this issue of prescription drug abuse and what we could do to improve our controls over that. The Department of Public Safety and the Texas State Pharmacy Board and the Texas Medical Board all worked on this and their recommendations are included -- some of their recommendations are included in this bill. Mr. President, I move to suspend the Senate's regular order of business.

LT. GOVERNOR DEWHURST: Thank you, Senator Williams. Members, you heard the motion by Senator Williams. 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 1273. The secretary will read the caption.

PATSY SPAW: Senate Bill 1273 relating to the lawful manufacture, distribution and possession of prescriptions for a controlled substances.

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

SENATOR WILLIAMS: I move passage to engrossment.

LT. GOVERNOR DEWHURST: Thank you, Senator Williams. Members, you heard the motion by Senator Williams. Is there objection from any member? Chair hears no objection and Senate Bill 1237 passes to engrossment. The Chair recognizes Senator Williams for a motion to suspend the constitutional rule that bills be read on three several dais.

SENATOR WILLIAMS: So moved.

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

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

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 1273. The secretary will read the caption.

PATSY SPAW: Senate Bill 1273 relating the lawful manufacture, distribution and possession of prescriptions for a controlled substances.

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

SENATOR WILLIAMS: Thank you, Mr. President. I move final passage of Senate Bill 1273.

LT. GOVERNOR DEWHURST: Thank you, Senator Williams. The secretary -- you heard the motion by Senator Williams. 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.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Senate Bill 1273 is finally passed.

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

LT. GOVERNOR DEWHURST: Thank you, Senator Williams. 10,000 cats and dogs? 10,000 cats and dogs? Interesting. The Chair recognizes Senator Deuell for a motion to suspend the Senate's regular order of business to take up and consider a Committee Substitute to Senate Bill 1301.

SENATOR DEUELL: Thank you, Mr. President. Members, I move to suspend the Senate's regular order of business so we can take up and consider the Committee Substitute for Senate Bill 1301. Members, antifreeze has a sweet taste and an appealing color that can be attracting to animals and children but even a small amount can be deadly. In recent years some states and municipalities have enacted legislation to add a bittering agent to the product. There's developing a patchwork of laws throughout the country, the manufacturers of negotiated model legislation with the Humane Society and that's what this bill is. The Committee Substitute to Senate Bill 1301 requires that manufacturers of antifreeze add the bittering agent, (inaudible) in order to sell it to the public. It also provides that a political subdivision of the statement and adopt any ordinance that is inconsistent or more restrictive than this legislation. I move suspension.

LT. GOVERNOR DEWHURST: Thank you, Senator Deuell. Members, you've heard the motion by Senator Deuell. Is there objection from any member? The Chair hears no objection from any member and the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1301. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1301 relating to manufacturers' inclusion of denatonium benzoate in certain products containing ethylene glycol.

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

SENATOR DEUELL: Thank you, Mr. President. I move that Committee Substitute to Senate Bill 1301 be moved to engrossment.

LT. GOVERNOR DEWHURST: Thank you. Senator. Members, you heard the motion by Senator Deuell, is there objection from any member? Chair hears no objection from any member and Committee Substitute to Senate bill 1301 passes to engrossment. Chair recognizes Senator Deuell for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR DEUELL: So moved.

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

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1301. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1301 relating to manufacturers' inclusion of denatonium benzoate to certain products containing ethylene glycol.

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

SENATOR DEUELL: Thank you, Mr. President. Members, I move for final passage of the Committee Substitute to Senate Bill 1301.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Deuell. 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.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, a Committee Substitute to Senate Bill 1301 is finally passed.

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

LT. GOVERNOR DEWHURST: Senator Ogden. Senator Ogden. Are you ready on 1612? The Chair recognizes Senator Wentworth on a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 916.

SENATOR WENTWORTH: Thank you, Mr. President. I move to suspend the Senate's regular or of business in order to take up and consider Committee Substitute to Senate Bill 916 relating to ad valorem tax lien transfers. This legislation would clarify existing law regarding tax lien transfers by amending sections 3206 and 33.445 of the tax code. The Committee Substitute first amends tax code section 3206 which authorizes a person a transferee also known as a tax lien lender to pay the real property taxes of a property owner. That section of the tax code was amended during the 80th legislation. That bill establishes that a transferee could pay the property owner delinquent taxes or taxes that are not delinquent if a transferee had previously paid the taxes to the property owner. Section 3206A3 of the tax code currently provides that when a tax owner authorizes the transfer of a tax lien for both the taxes on the property that are not delinquent and the taxes that are delinquent, the tax assessor shall certify the transfer in one document. This is practical when a tax lien transfer occurs for both delinquent and nondelinquent property taxes in the same transaction. In many cases, however, a transferee will pay a property owner's delinquent transaction and subsequently pay a property owner's nondelinquent transaction in a separate transaction. To address this problem, this Committee Substitute amends section -- subsection 3206A3 to clarify a tax assessor has the discretion to certify the transfer in one document. If the payment of delinquent and nondelinquent property taxes occurs in the same transaction. If the payment of property occurs in separate transactions, certification by the tax assessor collection of each transfer is currently required by section 3206B. Finally, tax code section 32.445 as added by the 81st Legislature provides a procedure for taxing unit to join a transferee in a suit to foreclosure property for delinquent taxes. This provision requires a taxing unit join a tax lien when a transfer unit files suit to foreclosure its own lien for delinquent property taxes. Once joined, a transferee may pay all taxes, penalties, interest, court costs and attorney fees owing to the taxing units in the statute and is then entitled to the transfer of the lien securing the taxes it pays. Committee Substitute for Senate Bill 916 amends this section to clarify the original intent of House Bill 45 in that when a joined transferee opts to pay all taxes, penalties, court costs, interest, attorney fees owed to the taxing units in the suit, the transferee is not required to obtain authorization from the property owner before making the payment or the transfer of the tax lien. Mr. President, I move suspension of the regular order of business.

LT. GOVERNOR DEWHURST: Thank you, Senator Wentworth. Members you heard the motion by Senator Wentworth. Is there objection from any member? The Chair hears no objection from any member and the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 916. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 916 relating to ad valorem tax lien transfers.

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

SENATOR WENTWORTH: Mr. President, I move passage to the engrossment for Committee Substitute to Senate Bill 916.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Wentworth, is there objection from any member? Chair hears no objection from any member and Committee Substitute to Senate Bill 916 passes to engrossment.

SENATOR WENTWORTH: Thank you, Mr. President.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Birdwell for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 1630.

SENATOR BIRDWELL: Thank you, Mr. President, members, I rise today to suspend the regular order of business to take up and consider Committee Substitute to Senate Bill 1630. This legislation will add businesses and municipality to section 1305.002 of the occupations code and professional pool technicians the opportunity to work on electrical components that do not exceed single phase 240 volt equipment. Currently these technicians are licensed by the TDLR to work on residential properties. This bill will allow those technicians to work in businesses and municipalities using the same equipment in businesses that they are currently working on in residential pools. Mr. President, I move to suspend the regular order of business.

LT. GOVERNOR DEWHURST: Thank you, Senator Birdwell. Members, you heard the motion by Senator Birdwell. Is there objection from any member? The Chair hears no objection from any member and the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1630. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1630 relating to the regulation of residential appliance installation including pool electrical devices.

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

SENATOR BIRDWELL: Thank you, Mr. President. I move passage of Committee Substitute to Senate Bill 1630 to engrossment.

LT. GOVERNOR DEWHURST: Thank you, Senator Birdwell. Members, you heard the motion by Senator Birdwell. Is there objection from any member? The Chair hears no objection from any member and Committee Substitute to Senate Bill 1630 passes to engrossment. Chair recognizes Senator Birdwell for a motion to suspend the constitutional rule that bills be read on three several days.

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

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

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1630. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1630 relating to the regulation of residential appliances including pool related electrical devices.

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

SENATOR BIRDWELL: Thank you, Mr. President. I move final passage of Committee Substitute to Senate Bill 1630.

LT. GOVERNOR DEWHURST: Thank you, Senator Birdwell. 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.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Committee Substitute to Senate Bill 1630 is finally passed.

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

LT. GOVERNOR DEWHURST: 1154. Chair recognizes Senator Uresti for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 1154.

SENATOR URESTI: Thank you, Mr. President and members. Good afternoon. I move to suspend the Senate's regular order of business to take up and consider Senate Bill 1154. This bill relates to a task force for the development of a strategy to prevent child abuse and neglect and improve child welfare. The bill will continue the Blue Ribbon Task Force until September the 1st, 2013, and advance a strategy to address the issue of child abuse and neglect. And with that, Mr. President, I move to suspend the Senate's regular order of business.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Uresti. Is there objection from any member? The Chair hears no objection from any member and the rule is suspended. The Chair lays out on second reading Senate Bill 1154. The secretary will read the caption.

PATSY SPAW: Senate Bill 1154 relating to a task force for the development of a strategy to reduce child abuse and neglect.

LT. GOVERNOR DEWHURST: Members, the Chair lays out Floor Amendment 1 by Senator -- I'm sorry, the secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Uresti.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Uresti on Floor Amendment 1.

SENATOR URESTI: Thank you, Mr. President. Members, the Floor Amendment was drafted after reviewing the bill with the governor's office. The amendment will slightly change the appointment process to include seven members appointed by the governor, two which will be from a list of candidates submitted by the Speaker of the House with the final two appointed by the Lieutenant Governor. And with that, Mr. President, I move adoption of Floor Amendment No. 1.

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

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

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Uresti. Is there objection from any member? The Chair hears no objection from any member and Senate Bill 154 as amended passes to engrossment. Chair recognizes Senator Uresti for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR URESTI: So moved, Mr. President.

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

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

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 1154 as amended. The secretary will read the caption.

PATSY SPAW: Senate Bill 1154 relating to a task force for the development of a strategy to reduce child abuse and neglect.

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

SENATOR URESTI: Mr. President, I move final passage of Senate Bill 1154 as amended.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members you heard the motion by Senator Uresti. 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.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Senate Bill 1154 as amended is finally passed.

SENATOR URESTI: Thank you.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Ogden for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 1612.

SENATOR OGDEN: Mr. President and members, I move to suspend the regular order of business to take up and consider Committee Substitute to Senate Bill 1612. The Committee Substitute to Senate Bill 1612 requires that the pension review board provide a pension report regarding public retirement systems administering to define benefit plans and having at least 100 million in assets. It also includes in the reports to the governor and the legislature any instance in which the public retirement systems do not provide this information to the PRBS requested under law. The PRB may also require public retirement systems with assets of at least $100 million to conduct an actuarial experience study. Chapter 107 of the local government code regarding pension obligation bonds is repealed and the Committee Substitute which is before you today removes the annual contribution so there's no required fee to make this bill work. I move to suspend the regular order of business.

LT. GOVERNOR DEWHURST: Thank you, Senator Ogden. Members, you've heard the motion by Senator Ogden. Is there objection from any member? The Chair hears no objection from any member and the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1612. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1612 relating to the monitoring, oversight and funding of certain public retirement systems.

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

SENATOR OGDEN: Mr. Presidents and members, I move passage to engrossment of Committee Substitute to Senate Bill 1612.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Ogden, is there objection from any member? The Chair hears no objection from any member and Committee Substitute to Senate Bill 1612 passes to engrossment. The Chair recognizes Senator Ogden for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR OGDEN: Mr. President and members, I move to suspend the constitutional three day rule to take up and consider Committee Substitute to Senate Bill 1612.

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

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

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 to Senate Bill 1612. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1612 relating to monitoring, funding and oversight of certain public retirement systems.

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

SENATOR OGDEN: Mr. President and members, I move final passage of Committee Substitute to Senate Bill 1612.

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

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Committee Substitute to Senate Bill 1612 is finally passed. Senator Williams. 932. 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 932.

SENATOR WILLIAMS: Thank you, Mr. President and members. The Committee Substitute to Senate Bill 932 would require that the Texas Parks and Wildlife sell harvester shellfish restoration tags. The cost of the tax will be 20 cents each and be sold in specific lot sizes to be determined by the agency. It will require the replacement of shell fish materials so that our oyster reefs are maintained. The tag would have to be affixed to each sack of oysters that harvest and must remain until it's delivered to the certified shellfish dealer. Finally it would require the commission to foreclosing an area to harvesting to publish a notice in a daily newspaper with at least three days' notice that would allow for oyster reef areas with a percentage of legal marketers of oysters is very low to be closed within a season. This is a bill that's been agreed to by the Texas Parks and Wildlife Department and the people in the shellfish and oyster business. Mr. President, I move to suspend the committee -- suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 932.

LT. GOVERNOR DEWHURST: Thank you, Senator Williams. Members, you've heard the motion by Senator Williams. Is there objection from any member? Chair hears no objection from any member and the rule is suspended. Chair lays out on second reading Committee Substitute to Senate Bill 932. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 932 relating to oyster beds and shells in an oyster shell recovery and replacement program.

LT. GOVERNOR DEWHURST: 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 had been? Chair hears no objection from any member and Committee Substitute to Senate Bill 932 passes 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.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Williams. 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.

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 to Senate Bill 932. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 932 relating to oyster beds and shells and oyster shell recovery program.

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

SENATOR WILLIAMS: I move final passage of the chef substitute to Senate Bill 932.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Williams. 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.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, a Committee Substitute to Senate Bill 932 is finally passed.

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

LT. GOVERNOR DEWHURST: Thank you. The following motion in writing. The secretary will read the motion.

PATSY SPAW: Mr. President, I ask unanimous consent for Senate Bill 1354 by Carona to be withdrawn from the Committee on Transportation and Homeland Security and rereferred to the Committee on Intergovernmental Relations. Senator Carona, author. Senator Williams, Chair committee from which bill is being withdrawn; Senator West to which Chair committee bill is being referred.

LT. GOVERNOR DEWHURST: Members, you heard the motion in writing. Is there objection from any member? Chair hears no objection from any member and the motion is adopted. The Chair recognizes Senator Fraser for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 496.

SENATOR FRASER: Thank you, Mr. President. Members I would move to suspend the regular order of business to take up and consider Senate Bill 496. Currently section 3804 of the penal code states that evading arrest by use of a watercraft on the carriage of a maximum penalty of a class A misdemeanor. This bill -- same time, the code states that evading arrest to the use of a motor vehicle is a state jail penalty. This bill adds s watercraft to that list. Instances evading arrest are not extremely common. There were only 17 individuals charged last year, but it also is a major problem because those 17 are just as dangerous to public safety as using a motor vehicle to evade arrest. I would move to suspend the regular order of business to take up and consider Senate Bill 496.

SENATOR ELTIFE: Senator Fraser moves suspension of the regular order of business to take up and consider SB496. Is there objection? The Chair hears none, rules are suspended. Chair lays out on second reading SB496. The secretary will read the caption.

PATSY SPAW: Senate Bill 496 relating to the punishment for the offense of evading arrest or detention.

SENATOR ELTIFE: Senator Fraser is recognized for a motion.

SENATOR FRASER: And I would now move passage to engrossment of Senate Bill 496.

SENATOR ELTIFE: Senator Fraser now moves passage to engrossment. Is there objection? The Chair hears none, SB496 is passed to engrossment. Senator Fraser is now recognizes for a motion to suspend the constitutional three day rule.

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

SENATOR ELTIFE: The secretary will call the roll.

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

SENATOR ELTIFE: 30 ayes, one nay the rule is suspended. Chair lays out on third reading and final passage SB496. The secretary will read the caption.

PATSY SPAW: SB496 relating to the punishment for the offense of evading arrest or detention.

SENATOR FRASER: And I would now move final passage of Senate Bill 496.

SENATOR ELTIFE: Senator Fraser now moves final passage of SB496. 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 ELTIFE: 31 ayes, zero nays, SB496 is finally passed. Congratulations, Senator Fraser. Senator Whitmire is recognized for a motion to suspend the regular order of business on Committee Substitute SB653.

SENATOR WHITMIRE: Thank you, Mr. President and members. This is the Committee Substitute for Senate Bill 653 which is the sunset for TWC and Probation. It merges them into a new agency which will be consisting of a transition team appointed by the governor and other stakeholders including the small, medium size and large probation services. Then ultimately establish a new board made up of 11 members appointed by the governor. It (inaudible) juvenile corrections, it came out of sunset (inaudible). We worked on it really hard, and it still would be a piece of legislation that could be modified in conference perhaps. So at this time I move suspension of the regular order of business to take up and consider the Committee Substitute for Senate Bill 653.

SENATOR ELTIFE: Senator Whitmire moves suspension of the regular order of business to take up and consider Committee Substitute to SB653. Is there objection? Chair hears none, rules are suspended. Chair mow lays out on second reading Committee Substitute to Senate Bill 653. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 653 relating to the abolishment of the Texas Commission and the Texas Youth Probation Commission.

SENATOR ELTIFE: Senator Whitmire is recognized for a motion.

SENATOR WHITMIRE: Thank you, Mr. President. I move passage of Committee Substitute to Senate Bill 653 to engrossment.

SENATOR ELTIFE: Senator Whitmire now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB653 is now passed to engrossment. Senator Whitmire is mow recognized for a motion to suspend the constitutional three day rule.

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

SENATOR ELTIFE: The secretary will call the roll.

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

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB653. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 653 relating to abolishing the Texas Commission and the Texas Juvenile Probation Commission.

SENATOR ELTIFE: Senator Whitmire is recognized for a motion.

SENATOR WHITMIRE: Mr. President, I move final passage of Committee Substitute Senate Bill 653.

SENATOR ELTIFE: Senator Whitmire now moves final passage of Committee Substitute to Senate Bill 653. 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 ELTIFE: 31 ayes, zero nay, Committee Substitute to SB653 is finally passed. Congratulations, Senator Whitmire. Senator Nelson is now recognized for a motion to suspend the regular order of business on Committee Substitute SB218.

SENATOR NELSON: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider the Committee Substitute for Senate Bill 218. Mr. President and members, the goal of Senate Bill 218 is to increase protections and improve services for children who are victims of abuse, neglect or exploitation. Committee Substitute to Senate Bill 218 redesigns the foster care system to help displaced children remain in their home communities where they have access to valuable support services. It clarifies the Department of Family and Protective Services may remove an alleged perpetrator from the home instead of removing the child. It limits the use of case closure agreements. It authorizes the department to conduct criminal background checks on foster care providers in supervised independent living centers and it clarifies investigation protocols when the department discovers a child has a sexually transmitted disease. Members, these changes build on this legislature's past initiatives to increase protections of children who are victims of abuse, neglect or exploitation. Mr. President, I move suspension.

SENATOR ELTIFE: Senator Nelson moves suspension of the regular order of business to take up and consider Committee Substitute SB218. Is there objection? The Chair hears none, rules are suspended. Chair lays out on second reading Committee Substitute SB218. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 218 relating to procedures and certain suits affecting a parent child relationship.

SENATOR ELTIFE: Senator Nelson is recognized for a motion.

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

SENATOR ELTIFE: Senator Nelson now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB218 is passed to engrossment. Senator Nelson is now recognized for a motion to suspend the constitutional three day rue.

SENATOR NELSON: I move to suspend the constitutional three day rule.

SENATOR ELTIFE: The secretary will call the roll.

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

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to SB218. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 218 relating to procedures and certain suits affecting a parent child relationship.

SENATOR ELTIFE: Senator Nelson is recognized for a motion.

SENATOR NELSON: Mr. President, I move final passage of Committee Substitute to Senate Bill 218.

SENATOR ELTIFE: Senator Nelson now moves final passage of Committee Substitute SB218. 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 ELTIFE: 31 ayes, zero nays, Committee Substitute SB218 is finally passed. Congratulations, Senator Nelson.

SENATOR NELSON: Thank you, Mr. President, Chairman, Senator.

SENATOR ELTIFE: Senator Huffman is now recognized for a motion to suspend the regular order of business on SB152.

SENATOR HUFFMAN: Thank you, Mr. President. Members, I move to suspend the Senate's regular order of business to take up and consider Senate Bill 152. Members, Senate Bill 152 is designed to provide greater resources to prosecutors and victims of sexual assault. Under current law evidence of prior acts are only admissible in sexual assault cases when the victim is under 17 and was also the victim in the prior offense. Especially with regards to children, it can be difficult to prove a sexual assault since they are often the only witnesses to the crime and are often intimidated by the nature of the courtroom settings and the surrounding the case. Federal Rules of Evidence 413A specifically allows for the admission of other offenses in a sexual assault case. Senate Bill 152 would bring Texas closer in line with the Federal Rules of Evidence in allowing evidence of other similar offenses to be admitted in a case of sexual assault for adults and children. Similar rules have been enacted in several other states and have been upheld in appellate courts. In a trial involving an adult victim Senate Bill 152 would limit admission of evidence to a previous commission or attempt or conspiracy to commit sexual assault or aggravated sexual assault. In a trial involving a child victim, a prior commission or attempt or conspiracy to commit would include continuous sexual abuse of a young child, indecency with a young child, assault with a child, aggravated sexual assault of a child, online solicitation of a minor, sexual performance by a child or possession or promotion of child pornography. Senate Bill 152 provides greater protection of victims of sexually oriented crimes while still protecting the defendant by restricting the types of crimes that are admissible and maintaining the usual evidentiary requirements for admissible evidence. At the same time Senate Bill 152 brings Texas more in line with the Federal Rules of Evidence creating consistency and uniformity. Mr. President, I move to suspend the regular order of business.

SENATOR ELTIFE: Senator Davis, for what purpose?

SENATOR DAVIS: Will Senator Huffman yield for a question?

SENATOR HUFFMAN: Yes, I will.

SENATOR DAVIS: Senator Huffman, I think there's a little bit of a question because your bill uses the "shall" language, that this evidence shall be admissible. And I know from talking to you and a little bit of an understanding of the rules of criminal procedure that there are other protections in place in terms of how the evidence is used once it's put -- once it's made admissible in the record and if you could just go through that a little bit, I think it might provide some comfort in the instance where that information is provided.

SENATOR HUFFMAN: Yes, Senator Davis. The "shall" language is there to emphasize that everything else being done appropriately, then the judge is to admit the evidence, that does not mean that we are throwing out the other rules of evidence. So, for example, the judge would need to conduct a hearing outside the presence of the jury to determine the admissibility of the evidence. So the judge would hear the evidence outside the presence of the jury, the judge would make an analysis under Texas Rules of Evidence 403 to weigh the probative value versus the prejudicial effect. The judge would still determine if it was more probative than prejudicial, that it was relevant for the purposes that are set out in this bill and they decide to admit it. At this time the judge would give a limiting instruction to the jury as to the purpose of why the evidence was admitted. The jury would certainly be charged during the guilt phase as to -- for what purpose the jury could consider the evidence which would be limited to what probative value it may have had or to the defendant's guilt. Also, the jury would be instructed if they didn't believe it beyond a reasonable doubt, they couldn't consider it for any reason whatsoever. So this bill -- it is not my legislative intent in any way in this bill to limit the other rules of evidence, to give the judge instruction that everything else being followed that it is admissible and relevant in these specific instances.

SENATOR DAVIS: Thank you, Senator.

SENATOR HUFFMAN: Thank you.

SENATOR ELTIFE: Senator Hinojosa, for what purpose?

SENATOR HINOJOSA: To ask Senator Huffman a question.

SENATOR HUFFMAN: Certainly.

SENATOR ELTIFE: Does Senator Huffman yield?

SENATOR HINOJOSA: You know, Senator Huffman, I've voted for your bill in committee. I do have some questions.

SENATOR HUFFMAN: Yes, sir.

SENATOR HINOJOSA: I don't have any reservations in terms of the rules for children and minors, but I do have some in terms of adults. This bill includes both children and adults.

SENATOR HUFFMAN: Yes, sir.

SENATOR HINOJOSA: And one of the things is that right now under Texas law you are not allowed to use that type of evidence except in the punishment phase.

SENATOR HUFFMAN: Yes, sir.

SENATOR HINOJOSA: And you're changing that?

SENATOR HUFFMAN: Yes.

SENATOR HINOJOSA: So now, you're going to be able to present prior offenses --

SENATOR ELTIFE: Excuse me, Senator, could you speak up just a little louder, some of the members can't hear your questions. They can't hear you over here. Thank you.

SENATOR HINOJOSA: Oh, okay. I guess under present state law you cannot introduce prior offenses except in the punishment phase of the case.

SENATOR HUFFMAN: Yes, sir. I understand the law, yes, sir.

SENATOR HINOJOSA: But during the trial itself you cannot do that under present law.

SENATOR HUFFMAN: Under present law. This does change present law, yes.

SENATOR HINOJOSA: So what you're doing is you're bringing in offenses that allegedly the defendant committed but without conviction.

SENATOR HUFFMAN: I'm sorry, what was that? Without conviction?

SENATOR HINOJOSA: Yes.

SENATOR HUFFMAN: Yes, that's correct. Yes.

SENATOR HINOJOSA: So tell me how that would work. My concern is this, that either you prejudice the jury who are focusing on the charge itself, you're bringing other offenses that there was no conviction, maybe not even an arrest; is that correct?

SENATOR HUFFMAN: That's possible, but I would -- yeah, may not be an arrest, yes.

SENATOR HINOJOSA: So how is it going to work? You have a defendant (sic) comes to you and says, well, he assaulted me sexually and without corroboration.

SENATOR HUFFMAN: Well, if you're the child in a case and say the victim has testified in order to prove the case, these would be especially useful in cases, for example, where there is no physical evidence. I know that you do a lot of criminal defense work. And we know that most sexual assault cases, they are not DNA evidence, we hear DNA and we talk about it a lot and, of course, nowadays the DNA has moved along so far a -- there's been so many technical advances, so many protections now in the law that would ensure that there's DNA testing and so forth. That in the cases where there's good DNA testing, it's unlikely that this would ever come to play. I really see this as being a tool by prosecutors in situations where there is not a lot of physical evidence. And so you find yourself -- prosecutors find themselves in situations where there is a victim and it is the lone voice of the victim pointing a finger at an individual stating that that individual, that defendant sexually assaulted them. Now, that's a tough situation for juries, and I would submit to you those are the type of situations where we hear about when we hear about eyewitness identification being unreliable, those are the tough situations and those juries convict in that situation, it's difficult for juries as well to make decisions. If you have a situation like that, let's say you have a serial rapist who has sexually assaulted other women in a situation like that, it would be a useful tool, it would be a good way to proceed to ensure that the correct person was convicted. If you had a situation like that, then you would bring the other victim forward, you would have a hearing outside the presence of the jury with the other victims. The judge would have to determine if the evidence was credible, have to make a 403 analysis and if the judge believed that those safeguards had been met, then that other woman could testify in the presence of the jury as to the fact that the defendant had sexually assaulted her as well. At that point the judge could instruct the jury as to what purpose they could consider the evidence, they could only consider the evidence if they believed beyond a reasonable doubt that the sexual assault had occurred. Then upon charging the jury before they went back to deliberate, the judge would then instruct the jury as to the reasons the other sexual assault has been admitted and the purposes for which the jury could consider it.

SENATOR HINOJOSA: Let me point out on sexual or serial rapists, that's an easy case. What about in a case, for example, where you don't have a serial rapist and just without corroboration, another woman comes and says, well, he assaulted me three or five years ago?

SENATOR HUFFMAN: Again, I think it would be -- if it was a situation where the judge listened to the other offense and they believe that it was relevant, that it was probative, that it was going to assist the jury in making a determination as to whether or not a defendant had committed a crime. So I don't think we can stand here on the Senate floor and come up with every situation where it may be admissible or where it may not be admissible, it's really just going to be a matter of going through the safeguards that are already in the rules of evidence and in the law to ensure that the defendant would receive a fair trial.

SENATOR HINOJOSA: Well -- there are some situations, as you well know, where we have wrongfully convicted people because of eyewitness, it was faulty. And my concern with you including adults is that that could happen and make the situation worse if you're going to allow another person to come in and testify, well, he did this to me two years, three years or four years ago. You don't have any of those safeguards, if you will, in your bill.

SENATOR HUFFMAN: I think it makes it more unlikely -- if you have more than one person saying that an individual sexually assaulted them, it makes it less likely that the jury is going to wrongfully convict somebody. If you just think about it, if more than one person has said that one individual has sexually assaulted them, it's less likely that you're going to have a situation where you have that one-on-one eyewitness testimony where there's no corroborative evidence.

SENATOR HINOJOSA: But there's no -- in your bill itself there's no synagog, for example, you don't say more than one person, two people, three people, I don't know. The point is just one other person come in and testify without corroboration of physical evidence. Say, look, he assaulted me two years ago and the judge by profile of prosecution, they just admit the evidence.

SENATOR HUFFMAN: And that evidence in itself may be very probative to the defendant's guilt in the case at hand, it may not be and that would be up for the judge and the jury to decide but --

SENATOR HINOJOSA: You don't have concerns that it might affect the jury?

SENATOR HUFFMAN: I believe that if the jury is instructed properly, that they will do the right thing.

SENATOR HINOJOSA: I disagree. Many times once you talk the jury -- the minds of the jury, you cannot undue that. Human nature being what it is, they're not going to say, okay, just erase it from my mind because the judge said no. It's been my experience in cases --

SENATOR HUFFMAN: And I respect your opinion. You know I do, Senator Hinojosa. I just think we have a fundamental disagreement on this. I'm not minimizing your concerns, I understand your concerns and that's why I'm trying to make it clear that my legislative intent is not to wipe out the rules of evidence but just to give the judge instruction that if all other things meeting the criteria for admission, that the judge shall admit it. And I still believe that the safeguards are in place to ensure that this will make for a better and a fair trial and, again, it's limited to specific cases and, you know, the statistics and the history in courts all show us that the sexual assault cases in adults, also especially in young children that there needs to be a little bit or needed protection. The federal courts have done this, it's been upheld through appellate courts, other states have done this and I think it's time for Texas to do it as well.

SENATOR HINOJOSA: Jus a few more points. I don't have any problems in terms of protecting children and having your bill do that. But you're also adding adults. And the other thing is that our Texas constitution is little bit different than the U.S. constitution as you well know. So it may be that your bill could become declared unconstitutional.

SENATOR HUFFMAN: Well, I'm sure the board of criminal appeals will let me know that if it is.

SENATOR HINOJOSA: Oh, I'm sure it will, but I mean -- and right now the present law is -- I mean, it's been working fine. Now, we're going to start adopting Federal Rules of Evidence?

SENATOR HUFFMAN: Well, I think there has been several attempts to get this passed in several legislative sessions, five, six, seven sessions. There has been groups working to get this passed. There are many people who feel like this is a step in the right direction. It has not been able to make it out of the Senate, it has made it out of the House several times. So I'm working hard to get it out of the Senate because I think it will be a great thing for the criminal justice system. And if I didn't believe that, I wouldn't being standing here today, Senator.

SENATOR HINOJOSA: Well, you know, my approach has always been public policy. I'm not for prosecution.

SENATOR HUFFMAN: I know you're not, I know.

SENATOR HINOJOSA: And I just have my concerns -- don't express them. The other thing is you have that "shall," I think Senator Davis brought that up. "Shall" to me you're mandating the court to take certain action. I thought we were giving the court discretion to not admit certain evidence if they found it not credible.

SENATOR HUFFMAN: The "shall" language goes to the instruction to the court that all other things being found to meet the Texas rules of evidence, then it shall be admitted. It is not meant to circumvent other rules of evidence and I think my legislative intent is very specific on that, that the court will follow it accordingly.

SENATOR HINOJOSA: I do want to clarify that so that the judge has discretion on whether or not to admit the evidence.

SENATOR HUFFMAN: Only through the balancing test of Texas rules of evidence 403.

SENATOR HINOJOSA: But if they do --

SENATOR HUFFMAN: If they feel its prejudicial value outweighs the probative value because it's too prejudicial, it confuses the issues, etc. the judge always has discretion under Texas rule 403, but once they make that balancing test and determine the probative value, then it shall be admitted.

SENATOR HINOJOSA: Well, obviously the judge has the description to make the decision.

SENATOR HUFFMAN: Under Texas rule 403.

SENATOR HINOJOSA: Okay. Thank you.

SENATOR HUFFMAN: Thank you.

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

SENATOR WEST: To ask the author some questions.

SENATOR ELTIFE: Will Senator Huffman yield?

SENATOR HUFFMAN: Yes, sir.

SENATOR WEST: Judge -- I mean, Senator. I was listening to the debate between you and Senator Hinojosa. This fundamentally changes law in the State of Texas as it relates to criminal prosecution in these particular cases. Would you agree with me on that?

SENATOR HUFFMAN: As it relates to the specific instances outlined in the bill for sexual assault, aggravated sexual assault and then the specific ones named in the bill for the prosecution with child victims involved.

SENATOR WEST: Couple of issues?

SENATOR HUFFMAN: Yes.

SENATOR WEST: This allows the introduction of prior bad acts for determination of guilt or innocence in the prosecution.

SENATOR HUFFMAN: If the prior bad act was either a sexual assault or an aggravated sexual assault for an adult victim or if the prior bad act was the ones enumerated when you have a child victim. Not other bad acts. Either an aggravated sexual assault or a sexual assault and I think that Senator Van de Putte is going to have an amendment where she wants to add human trafficking of a child under the child victim one.

SENATOR WEST: The point I'm making is that -- Mr. President, can we have some order, please?

SENATOR ELTIFE: Absolutely. Members, can we have a little order in the chamber? Thank you.

SENATOR WEST: What I'm saying is this fundamentally changed -- if this law is passed, fundamentally changes the rules of evidence as it relates to what a person is to be, what evidence is to be used to make a determination of guilt and innocence.

SENATOR HUFFMAN: In enumerated cases, yes.

SENATOR WEST: In the enumerated cases.

SENATOR HUFFMAN: Yes.

SENATOR WEST: And so let me just make sure I understand this, what we're saying is if a person is charged with one of the enumerated cases and a person has claimed that he or she was an offender in some case that hadn't been adjudicated, that that person could now come in and say that it was Senator Hinojosa. So whether or not Senator Hinojosa, not saying that -- whether or not -- let me use Duncan right here. Okay. Basically whether or not the person had been charged with it or prosecuted, you would now be able to bring in that prior allegedly bad act, whether or not it was a conviction, to be used to make a determination as to whether or not the person is innocent or guilty as opposed to a person being judged by the facts in a particular case. That's what this does, right?

SENATOR HUFFMAN: It does it with the safeguards that I've enumerated for Senator Davis and Senator Hinojosa. So no can someone just walk in and say, he or she did it to me too, end of story, no. It's a very graduated process that has to follow the rules of evidence, it goes through a process where there's safe guards in place prior to the jury hearing the evidence and then instructions to the jury as to how to consider the evidence.

SENATOR WEST: Explain the difference to the members. You and I have both practiced criminal law. I've been a criminal attorney, you have been a criminal judge. Explain to the members of the jury what an extraneous offense is.

SENATOR HUFFMAN: Well, it's an offense other than the offense to which the defendant is on trial for.

SENATOR WEST: Can you use -- currently under current law, can you use an extraneous offense to use under some element of an offense that the person's being charged for?

SENATOR HUFFMAN: In some instances, yes.

SENATOR WEST: In instances where we have enumerated offenses here, can judges currently use their discretion and also the "safeguards" that you put in here to make that determination?

SENATOR HUFFMAN: In some instances there are cases, yes.

SENATOR WEST: Okay. And you don't admit an extraneous offense under current law to prove the guilt or innocence of an individual but you use it for purposes of proving up a particular element of the offense; am I right about that?

SENATOR HUFFMAN: At times, yes, sir, you are.

SENATOR WEST: Okay. And the difference between extraneous offense and the prior bad act that you're doing right now is that you can just do the -- you can put in a prior bad act and putting in that prior bad act can be used to determine guilt and innocence as opposed to just an element of the offense that extraneous offense is admitted for.

SENATOR HUFFMAN: If the bad act is one -- aggravated assault or sexual assault in an adult case, yes. So you couldn't put, you know, that the person had you know, strangled the woman or had beat up a woman, it couldn't be an extraneous bad act, it would have to be that the individual sexually assaulted either regularly or aggravated --

SENATOR WEST: You can do that now, right?

SENATOR HUFFMAN: Do what?

SENATOR WEST: You can put in an extraneous offense for that purpose and a judge has to make a determination outside the presence of the jury to the relevance of it and I think -- well, last time I looked at the court opinions, it had to pretty much be -- before the judge would admit that, it would have to be such a nature that it was pretty much the fingerprint in the individual that is currently being charged in the case that you want to admit it for.

SENATOR HUFFMAN: If you're talking about specific cases that deal with identity issues where the defendant has opened the door, like some cases. In very limited cases that is currently the law. Yes, very limited cases.

SENATOR WEST: Can't you in a case in chief, whether or not a person's opened the door or not, use an extraneous offense in order to prove an element of the case?

SENATOR HUFFMAN: It's in very, very rare instances.

SENATOR WEST: But the fact of the matter is that we can use extraneous offenses in the very cases that you have enumerated in this particular act.

SENATOR HUFFMAN: On very rare cases, under very limited situations and usually at great fear and risk of the case being reversed because you did it.

SENATOR WEST: Doesn't it give you pause for concern that what you're saying is that what you want to do is allow whether a person's been charged, been arrested, charged or prosecuted, you want to say that someone can come in and say that they did X, Y and Z and then a jury -- then basically, I believe you said, instruct the judge that the judge has to allow that in as opposed to giving the judge the flexibility to make a determination as to whether or not it should be admissible.

SENATOR HUFFMAN: I think I said that the judge could make that determination under rule 403 if they believe that the prejudicial impact outweighs that probative value. So that safeguard would remain in the law.

SENATOR WEST: So what are you changing then? Isn't that the current law?

SENATOR HUFFMAN: I'm sorry, Senator Uresti is talking. Could you repeat the question? I apologize.

SENATOR WEST: So isn't that the current law?

SENATOR HUFFMAN: Is what the current law? I'm sorry.

SENATOR WEST: In terms of what you're doing?

SENATOR HUFFMAN: No, it's not the current law.

SENATOR WEST: The judge having broad latitude right now to determine whether or not extraneous offense to come in?

SENATOR HUFFMAN: The judge does not have broad latitude at this time to determine whether or not an extraneous offense comes in.

SENATOR WEST: Doesn't the judge have to weigh the probability of harm as it relates to an extraneous offense?

SENATOR HUFFMAN: Yes, under rule 403. Any of it that comes in should be weighed under rule 403.

SENATOR WEST: Okay. So we've given the judge discretion under 403 to make a determination as to whether or not the evidence admitting the evidence outweighs its prejudicial impact.

SENATOR HUFFMAN: Right.

SENATOR WEST: Senator, needless to say, I have worked very hard also in the criminal justice arena --

SENATOR HUFFMAN: I know you have, sir.

SENATOR WEST: -- in terms of policy but what we're doing here is allowing a extraneous offense, a bad act, to be just thrown into the mix with everything else that is being considered by a jury whether or not that particular bad act was something where an individual had been arrested, charged, or convicted and allowing the jury to take that into consideration to determine whether or not a person is guilty beyond a reasonable doubt.

SENATOR HUFFMAN: And, of course, Senator West there may be instances where a person has been actually arrested, charged, convicted or all of the above or none of the above in these situations because that -- what goes -- that's not really -- that isn't relevant. What's relevant is whether or not the jury believes beyond a reasonable doubt that that other offense was committed. That's what's relevant. It's really not --

SENATOR WEST: But I mean, if it's against a totally different victim.

SENATOR HUFFMAN: Yes.

SENATOR WEST: And so the jury ends up trying Senator Hinojosa for an offense against a different victim as opposed to the victim in the current case.

SENATOR HUFFMAN: Well, the victim in the current case is going to have to testify too clearly and the jury will have to believe that beyond a reasonable doubt before they convict the defendant and the jury will be instructed that that's what they're focusing on, and that's what the trial that they're making the final determination on, that they can only consider the other offense if it assists them, if it does, in determining the guilt of the present case in which they are making a verdict.

SENATOR WEST: So let me just make sure I sum this up. What this bill will allow, if it's passed and signed into law or becomes law, it will allow a jury to consider the actions of the accused, the citizen accused as it relates to some other incident --

SENATOR HUFFMAN: Under the enumerated --

SENATOR WEST: -- to determine -- to determine whether they're guilty in the current case.

SENATOR HUFFMAN: Yes.

SENATOR WEST: All due respect, I respect you, but I'm going to end up voting against this. And I think the others are voting for it but I wanted to make sure that we had a debate on this --

SENATOR HUFFMAN: Yes, sir.

SENATOR WEST: -- because this fundamentally changes how citizens accused will be allowed to proceed in a criminal case and deal with the specific facts under that case that they're accused of. Now, we're getting ready to open it up and allow incidents unrelated to the suspect and the victim in this particular case to be interjected into a case where a person may lose their liberty for the jury to consider when, in fact, currently judges have the latitude to do that. Thank you, Mr. President.

SENATOR HUFFMAN: Thank you very much, Senator West.

SENATOR ELTIFE: Thank you, Senator West. Senator Duncan, for what purpose?

SENATOR DUNCAN: Questions of the author.

SENATOR ELTIFE: Will Senator Huffman yield?

SENATOR HUFFMAN: Yes.

SENATOR DUNCAN: Thank you, Senator Huffman. You have been talking a lot about the safeguards, but the only safeguard I've heard you mention was the rule that allows the judge to admit the evidence if the probative value outweighs the danger of the unheard prejudice.

SENATOR HUFFMAN: Well, and also the hearing outside the presence of the jury, the limiting instruction so that would be given to the jury and how the jury charges were written and formed to lead the jury through the proper consideration in their deliberation.

SENATOR DUNCAN: Is there anything in your bill that requires a judge to give a limiting instruction on this evidence?

SENATOR HUFFMAN: No, but that is required under other lines of case law dealing with extraneous --

SENATOR DUNCAN: But that's also with the discretion of the judge, too.

SENATOR HUFFMAN: I believe that the case law on limiting instructions is -- has been established by the court of criminal appeals that requires the judge to give those instructions when requested by the defendant. In fact, they can give them as the evidence is being introduced. So that's said in precedent through the long line of case law that deals with extraneous information.

SENATOR DUNCAN: So when we talk about extraneous offenses, and bring me up to speed on that. Can -- when you and Senator West were talking about extraneous offenses, were you talking about convictions or were you talking about acts?

SENATOR HUFFMAN: It could be acts, and again, Senator Duncan, though in this bill we're limiting the type of prior offenses that are admissible. For an adult victim it's only a sexual assault or an aggravated sexual assault. So, for example, even if the defendant was otherwise -- had committed, I don't know, you could name a hundred other bad acts, that's not going to be admissible, that's not what we're talking about. We're talking about a defendant who is being tried for sexual assault, allowing in a prior sexual assault or aggravated sexual assault. So there's not a broad sweep here as to just a bunch of bad acts, if that clarifies your question.

SENATOR DUNCAN: Let me understand how your bill is set up then. In section two on the first paragraph where it says notwithstanding rules 404 and rules 405. What is rule 404?

SENATOR HUFFMAN: I don't know. I'll have to look real fast. Give me a second. Just happen to have them here. Rule 404 are the current rules of evidence that deal with evidence of a person's character or trait of his character not being admissible for the purposes of proving action and conformity therewith and

(inaudible).

SENATOR DUNCAN: Okay. So that means then in today's -- under today's rules of evidence, in one of these cases, a person's character is not admissible to --

SENATOR HUFFMAN: To prove that they acted in conformity with the current crime that they're being charged with and then 405 goes to reputation evidence which generally has the same prescriptions.

SENATOR DUNCAN: Right. I think you can get reputation evidence in, only if you say something to the effect of what is the reputation in the community, but it's a very limited --

SENATOR HUFFMAN: Very limited, yes, sir.

SENATOR DUNCAN: -- exception and that's been the rule in civil and criminal cases for many, many years.

SENATOR HUFFMAN: Yes, right.

SENATOR DUNCAN: And so what we are doing, we're changing those rules of evidence which are promulgated by the Texas Supreme Court and I guess adopted by the court of criminal appeals for criminal cases and now, we're going to put character in.

SENATOR HUFFMAN: In this extremely limited specific instance. We're not changing the rules of evidence 404 and 405.

SENATOR DUNCAN: Well, we're just disregarding them. Basically, we're saying they don't apply to these cases.

SENATOR HUFFMAN: Well, in sexual assault of adults and those two instances in children who have been sexually --

SENATOR DUNCAN: Now, let's talk about the scope of the evidence on these alleged offenses because that's really what they are. You're going to allow alleged offenses and not -- these are offenses that have not even been bedded by a grand jury, there's no requirement there, is there?

SENATOR HUFFMAN: There's no requirement, they could have been.

SENATOR DUNCAN: They could have been but not necessarily. So you're going to allow a person to come in and testify that he did this to me too.

SENATOR HUFFMAN: Yes, under the requirements that I've stated, yes.

SENATOR DUNCAN: Right, even though she's not a victim of the crime being tried, correct?

SENATOR HUFFMAN: She would be a victim of a similar offense, yes.

SENATOR DUNCAN: Who's going to try that case?

SENATOR HUFFMAN: As I said, that's heard outside the presence of the jury. Initially for the judge to determine to make their determinations of its admissibility.

SENATOR DUNCAN: So who's going to prosecute that case before it goes to the jury in the deliberations as to whether or not another act was committed?

SENATOR HUFFMAN: The jury will be instructed to make a finding on the other case beyond a reasonable doubt. The defendant is not being tried for that case and --

SENATOR DUNCAN: But he's got to defend that case.

SENATOR HUFFMAN: He does have to defend the case.

SENATOR DUNCAN: Does he have notice? Does he have notice that --

SENATOR HUFFMAN: And I should have mentioned that earlier, a notice requirement is --

SENATOR DUNCAN: Does he have the opportunity to take that person's deposition before he goes to trial? Not in a criminal case; is that correct?

SENATOR HUFFMAN: We never take depositions, he would have --

SENATOR DUNCAN: So he would have no opportunity to cross examine that witness prior to being placed in front of a jury to defend his liberty; is that correct?

SENATOR HUFFMAN: He would have notice prior to and there's limitation on the amount of time prior to trial. He would have every opportunity for discovery, same rules of discovery that would apply --

SENATOR DUNCAN: He has no right to take a deposition.

SENATOR HUFFMAN: Well, no defendant has a right to take a deposition, we all know that.

SENATOR DUNCAN: Exactly. It's different in a civil case.

SENATOR HUFFMAN: Absolutely.

SENATOR DUNCAN: But he has no right to cross examine that witness who will come in against him and say, you did this to me.

SENATOR HUFFMAN: Yes, he does have the right to cross examine the witness.

SENATOR DUNCAN: Only at the time of trial.

SENATOR HUFFMAN: He has a right to notice of -- we have a copy of the victim's statement to talk to the prosecutors, to --

SENATOR DUNCAN: That's right, but his lawyer or his attorney has also limitations and cannot contact that witness, correct?

SENATOR HUFFMAN: Sometimes that is the rule, yes. And then that, of course, is the situation in every criminal case, as you well know, and other people in this body.

SENATOR DUNCAN: So what we're going to be able to do is have a swearing match basically that a defendant is going to have to confront and can only confront the first time of the trial regarding his liberty; is that correct?

SENATOR HUFFMAN: That's not necessarily correct, no.

SENATOR DUNCAN: Well, everything you have said along the line and agreed with me on, that is correct. He has no right to cross examine or get a deposition.

SENATOR HUFFMAN: Any defendant will have notice ahead of time, Senator Duncan. There's notices required, discovery is required, many times but not always, I'll admit, the prosecutor would allow the defense lawyer to talk to the victim, etc. So --

SENATOR DUNCAN: Okay. Let's go in -- I want to go into the scope because I disagree with you. I believe that a defendant in a criminal case, who is defending his liberty and it may be for the most

(inaudible) crime that he can commit and this is one of them.

SENATOR HUFFMAN: Yes, sir.

SENATOR DUNCAN: But it is liberty and it is what our system is designed to protect and these rules that have been in place have been designed to protect liberty, correct?

SENATOR HUFFMAN: Yes.

SENATOR DUNCAN: All right. Let's go and see -- you have talked about how narrow this is.

SENATOR HUFFMAN: Yes, sir.

SENATOR DUNCAN: Let's talk about how narrow it is. Let's read from the bill. Notwithstanding rules 404 and 405 -- which we're now just disregarding, they're no longer applicable --

SENATOR WEST: Mr. President, can we have order on this floor for this debate?

SENATOR ELTIFE: Members, can we please have some order on the floor? Continue, members.

SENATOR DUNCAN: So where we have -- we're basically ignoring rules 404 and 405 which have been longstanding rules of evidence in our courts and we're going to allow evidence of other similar offenses. Not exactly, just similar -- and similar isn't defined is it?

SENATOR HUFFMAN: Sir, I think I stated specifically what other offenses are allowed and if you'd look at the bill, you'd see that. It's either sexual assault or aggravated sexual assault. Has to be those type of offenses only.

SENATOR DUNCAN: Sexual assault, assaultive offenses; is that correct?

SENATOR HUFFMAN: I'm sorry, can you repeat that? If you'd tell me where you're reading.

SENATOR DUNCAN: I'm reading in section one. It applies to the offenses: Sexual assaultive offenses, prohibitive sexual conduct and sexual performance by a child. Are those the offenses to which this applies?

SENATOR HUFFMAN: Yes, sir.

SENATOR DUNCAN: Okay. So you're going to allow evidence of someone coming in and say, he committed one of these against me.

SENATOR HUFFMAN: Yes, sir.

SENATOR DUNCAN: And the court shall admit it, not may, shall be admitted in the trial of the alleged offense for any bearing the evidence has on a relevant matters. Now, that's about as broad of a relative statement that I've ever seen in anything. Would you agree with me on that?

SENATOR HUFFMAN: Not necessarily, no.

SENATOR DUNCAN: How much broader could it be?

SENATOR HUFFMAN: Well, it's meant to only include what's stated in the bill. So if your interpretation is making it broader. Let's --

SENATOR DUNCAN: Well, let's just break it down word by word. Any bearing the evidence has on relevant matters. What does that mean? Have we used that language in any other --

SENATOR HUFFMAN: Where exactly are you seeing that language? I'm sorry. Would you state the lines.

SENATOR DUNCAN: Page one line 35.

SENATOR HUFFMAN: Line -- page one line 35. You move a different version. Page one line 35.

SENATOR DUNCAN: Page one line 35 section two.

SENATOR HUFFMAN: I don't have a line 35 on page one, sorry. Section two?

SENATOR DUNCAN: Well, are you looking at your bill book or the committee.

SENATOR HUFFMAN: I'm actually looking at my bill book.

SENATOR DUNCAN: Yeah, you need to be looking --

SENATOR HUFFMAN: Okay. Section two. Go ahead.

SENATOR DUNCAN: Okay. Section two line 35, it says any bearing the evidence has on relevant matters.

SENATOR HUFFMAN: Okay, got it.

SENATOR DUNCAN: You find that?

SENATOR HUFFMAN: Yes, sir.

SENATOR DUNCAN: Is that used in any other rule of evidence?

SENATOR HUFFMAN: I don't know. I couldn't answer that up front. I don't know.

SENATOR DUNCAN: The rule of evidence with regard to relevance is designed to limit evidence and not expand evidence that has no bearing or relevance on the issue that the jury has to decide, would you agree with that?

SENATOR HUFFMAN: In some instances.

SENATOR DUNCAN: Well, that's the principle behind the rule of evidence, isn't it?

SENATOR HUFFMAN: Somewhat, yes.

SENATOR DUNCAN: And so this bill is going to allow them to judge -- it doesn't give the judge discretion, it says the judge shall.

SENATOR HUFFMAN: Subject to the other safeguards which I've discussed previously.

SENATOR DUNCAN: The evidence shall be admitted in the trial of the alleged offense for any bearing of the evidence has on relevant matters including the character of the defendant and acts performed in conformity with the character of the defendant. Is that the language?

SENATOR HUFFMAN: I'm sorry, could you repeat the question? Yes, Senator Nelson was asking me a question. I apologize, Senator Duncan. I'm listening.

SENATOR DUNCAN: I just want us to understand what we're doing here.

SENATOR HUFFMAN: Senator Duncan, I understand.

SENATOR DUNCAN: This is a hard bill for many members to vote against simply because none of us want to see the kinds of conduct that are being tried here. We want to see these people convicted, but then there's the other side of us, like you and me, who are conservative who want to see that liberty, which our constitution protects, operate. For example, we don't want to see people wrongfully convicted of these crimes, do we?

SENATOR HUFFMAN: Of course not.

SENATOR DUNCAN: When a person is convicted of one of these crimes, it's not a three year sentencing in and out or you're on probation. This forever follows a person around for their life, does it not?

SENATOR HUFFMAN: Yes, you're right.

SENATOR DUNCAN: Would you accept an amendment that would limit this to simply convictions?

SENATOR HUFFMAN: No. Senator Duncan, I respect your opinion and I understand that we may have a difference here and I'm not trying to put anyone in a tough situation. To me, it baffles me to how this could be a tough vote. But I respect other people's positions. But you need to understand I tried these types of cases for 15 years, I sat on the bench and watched cases like this for seven years. If I thought that this would lead to wrongful convictions or be unfair to citizens accused, I would not be standing on this Senate floor asking my fellow senators to put their name on this bill or to sign it and vote for it. Now, a person who has been victimized in this way is extremely vulnerable. Now, I understand we have to waive that against the rights of the defendant, and this bill does do that. There are safeguards in this bill and if you ever sat in a courtroom and watched a little 6-year-old girl walk up holding her teddy bear, having to stand or sit in a courtroom and testify about horrible things that someone had done to them and she's by herself, it would have been very helpful to be able to put on the evidence that the perpetrator had done the same thing to a little girl down the street. But under current law you can't do this now --

SENATOR DUNCAN: Senator, it's really great to bring the emotion of those things to the floor of the Senate, I understand that, but we're talking about serious --

SENATOR HUFFMAN: Doing things for the wrong reason -- I have a right to respond.

SENATOR ELTIFE: Members, please do not talk over each other.

SENATOR DUNCAN: Yes, sir.

SENATOR ELTIFE: We can't hear you.

SENATOR DUNCAN: Well, we're just trying to get to the bottom and understand this. I understand the emotion of the issue, but I also understand --

SENATOR ELTIFE: Go ahead, Senator Duncan.

SENATOR DUNCAN: I forgot my train of thought. Senator, I respect what you're doing and --

SENATOR HUFFMAN: If I could be excused just a minute, I have senators talking. I need to pull down the bill because other senators are asking me to do that. And I do it with great reluctance but with respect to the body. I will.

SENATOR ELTIFE: Senator Huffman withdraws her motion. Thank you, Senator Huffman. Thank you, Senator Duncan. Senator Carona is recognized for a motion to suspended the regular order of business on SB898.

SENATOR CARONA: Thank you, Mr. President, members. For years state laws required state agencies, institutions of higher education and counties with deteriorating air quality and political subdivisions located in air quality nonattainment areas to seek to reduce their electric consumption by at least percent a year. In fact, current law only requires implementing energy efficiency measures when they will generate savings for tax payers. What this bill does is extend the 5 percent goal reporting requirement to the year 2020. It's set to expire in '12 and it also streamlines current reporting requirements through the use of a standard form as well as enhances the ability to quantify and ability to save and reduce as a result of these efforts. Now, we do have an amendment that we'll offer up here in a moment that will lessen the reporting requirements as we clearly don't want to place an added burden on these entities. I move at this time to suspend the regular order of business.

SENATOR ELTIFE: Senator Carona moves suspension of the regular order of business to take up and consider SB898. Is there objection? Hearing none, rules are suspended. Chair lays out on second reading SB898. The secretary will read the caption.

PATSY SPAW: Senate Bill 898 relating to energy efficiency programs and institutions of higher education and certain governmental entities.

SENATOR ELTIFE: Floor Amendment No. 1 by Carona. Secretary, read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Carona.

SENATOR ELTIFE: Senator Carona to explain the amendment.

SENATOR CARONA: The amendment will maintain the current law that if counties cannot meet the 5 percent goal, then they must submit a report of justification stating that they've exhausted all available measures and it further goes on to say that no additional reports will be required if there's been no change in the status beyond that. Again, the intent is just to eliminate any unnecessary burdensome reporting. At this time I move adoption of Floor Amendment No. 1.

SENATOR ELTIFE: Senator Carona has moved adoption of Floor Amendment No. 1. Is there objection? Chair hears none, Floor Amendment No. 1 is adopted. Senator Carona is recognized for a motion.

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

SENATOR ELTIFE: Senator Carona now moves passage to engrossment. 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 ELTIFE: 24 ayes, seven nays, the bill is passed to engrossment. Senator Wentworth, 913. You ready with yours? Senator Wentworth is recognized for a motion to suspend the regular order of business on Senate Bill 917.

SENATOR WENTWORTH: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider Senate Bill 917 relating to emergency services districts. As the state's population continues to grow rapidly particularly in suburban and exurban areas adjacent to established cities, the need for emergency service districts continues to increase as does the number of such districts. Senate Bill 917 would allow the voluntary streamlining of service administration as well as enhance training and accountability measures for districts that provide these services. I move suspension of the regular order of business, Mr. President.

SENATOR ELTIFE: Senator Wentworth moves suspension of the regular order of business to take up and consider SB917. Is there objection? The Chair hears none, rules are suspended. Chair lays out on second reading SB917. Secretary, read the caption.

PATSY SPAW: Senate Bill 917 relating to emergency services districts.

SENATOR ELTIFE: Floor Amendment 1 by Wentworth. Secretary, please read the amendment.

PATSY SPAW: Floor Amendment 1 by Wentworth.

SENATOR ELTIFE: Senator Wentworth to explain the amendment.

SENATOR WENTWORTH: Mr. President, Senate Bill 917 as originally introduced does have a fiscal note of 87,000 or so dollars. This Floor Amendment reduces that fiscal note to zero. I move adoption of Floor Amendment No. 1.

SENATOR ELTIFE: Senator Wentworth now moves adoption of Floor Amendment No. 1. Is there objection? Chair hears s none, Floor Amendment No. 1 is adopted. Senator Wentworth is recognized for a motion.

SENATOR WENTWORTH: Thank you, Mr. President. I move passage to engrossment of Senate Bill 917.

SENATOR ELTIFE: Senator Wentworth now moves passage to engrossment. Is there objection? Chair hears none, SB917 as amended is passed to engrossment.

SENATOR WENTWORTH: Thank you, Mr. President.

SENATOR ELTIFE: Senator Patrick is recognized for a motion to suspend the regular order of business on Committee Substitute SB127.

SENATOR PATRICK: Thank you, Mr. President, members. I rise to suspend the Senate's regular order of business on Senate Bill 127, the establishment and the operation of charter schools in Texas. Members, this is the bill that we passed out of the Senate 30 to one last session. It allows the SBOE to grant up to ten new charters each year. Allow for the automatic expansion of successful charters, allows for the creation of charters which primarily serves s students with disabilities, removes students -- I'm sorry. And it requires charter holders to notify the board of trustees and legislature of affected districts before expanding campuses and requires the commissioner to modify, place on probation, or revoke the charter of an unopen enrollment charter school for insolvency academic failure or failure to comply with applicable law and allows for the automatic renewal of a charter every ten years and it clarifies the commissioner is in charge of the annual evaluation of charter schools. Members, due to budget constraints we face, we made a few changes from the bill last year. It authorizes the commissioner to set up an application fee to cover agency cost, it caps the number of charters of special needs of two per year and requires the charter to accept only students from public schools and it grants the commissioner the ability to set up fines and charters who violate the rules of the statute. And I'm going to be accepting an amendment from Senator Davis to clarify that I will accept it after we suspend.

SENATOR ELTIFE: All right. Thank you, Senator Patrick. Senator Patrick moves suspension of the regular order of business to take up and consider Committee Substitute SB127. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading Committee Substitute SB127. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 127 relating to the establishment and operation and funding of charter schools.

SENATOR ELTIFE: Floor Amendment No. 1 by Davis. Secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Davis.

SENATOR ELTIFE: Senator Davis to explain the amendment.

SENATOR DAVIS: Thank you, Mr. President. And thank you to the author, Senator Patrick, for working so hard with our office and others who are concerned about adding this language to the charter bill that you're presenting today. The amendment language was discussed in the committee hearing and is acceptable, as Senator Patrick said, to him as the author. The amendment would provide that all new charters operate under a three year provisional license before they're granted a full charter by the state. During those three years a charter would have to be rated acceptable for two out of its first three years before a charter school is granted a full charter from the state. If the charter failed to be acceptable for two out of those three years, the charter would not be granted a charter by the state. Currently the TEA has to spend valuable resources and staff to close down poor performing charters. This language is meant to make it easier to close those down before they receive a full one. Thank you, Senator Patrick.

SENATOR PATRICK: And thank you, Senator Davis. I like the amendment so much I will coauthor it with you, and thank you for working with me last session and this session to pass a really great bill regarding our public schools and charters. Thank you.

SENATOR DAVIS: Thank you. Move adoption of the amendment.

SENATOR OGDEN: The motion is on the adoption of Floor Amendment No. 1. It's acceptable to the author. Is there any objections? The Chair hears none, the amendment's adopted. Senator Patrick is recognized for a motion.

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

SENATOR OGDEN: Senator Patrick moves passage to engrossment of Committee Substitute to Senate Bill 127 as amended. Is there objection? There is objection. 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: There being 25 yays and six nays, the bill is passed to engrossment. Senator Patrick is recognized for a motion to suspend the constitutional three day rule.

SENATOR PATRICK: So moved.

SENATOR OGDEN: The secretary will call the roll. Senator Patrick moves to suspend the constitutional three day rule. Secretary will call --

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: There being 25 yays -- there being 25 ayes and six nays, the constitutional three day rule is suspended. Senator Patrick moves final passage of Committee Substitute Senate Bill 127. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 127 relating to establishment, operation and funding of charter schools.

SENATOR OGDEN: Senator Patrick is recognized for a motion.

SENATOR PATRICK: I move final passage.

SENATOR OGDEN: The secretary will call the roll.

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

SENATOR OGDEN: There being 24 yays and seven nays, the bill is finally passed.

SENATOR PATRICK: Thank you, Mr. President. Thank you, members. And thank you, Senator Davis. Senator Seliger is recognized for a motion to suspended the Senate's regular order of business on Committee Substitute Senate Bill 1504.

SENATOR SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider Senate Bill 1504. For many years there has been the low level nuclear waste compact composed in the State of Texas and Vermont to provide for the disposal of nuclear waste in classes A, B and C. Everything from a class A, things like gloves used in glove boxes, in class B the filters that are used to filter water nuclear power plants and class C which is really quite radioactive things like reactor parts, not the fuel rods. Sometime in the next 12 months the approval will be granted by TCEQ for the low level nuclear waste site at Andrews County, Texas to open and now the site has sought to include other nonparty compact states with the opportunity to dispose of waste here or to join the compact. This bill does several things. It sets down volume limits to see to it that the compact site remains open and viable to provide spaces, it guarantees our partner with Vermont with certain amount of space in there and sets down charges that are going to cash flow, an awful lot of money to the State of Texas and to Andrews County in the way of charters to join the compact and it charges for surcharges for those generators and they may be medical producers, medical users, hospitals, the opportunity to dispose of waste in this site. I move suspension.

SENATOR OGDEN: Senator Seliger moves suspension of the regular order of business. Senator Deuell, for what purpose do you rise?

SENATOR DEUELL: Ask the author a question.

SENATOR OGDEN: You're recognized to ask a question.

SENATOR DEUELL: Senator Seliger, thanks. And I know you worked hard on this bill. We haven't interacted much. Are there concerns about capacity at the site?

SENATOR SELIGER: There are potential concerns about capacity, but in the first year that the site is open and receiving nonparty waste, the bill contains in it the instructions of the Texas TCEQ will conduct a study and it will look at the volumes that will still be available based upon the volumes that are going in. If in the view of the executive director that there is a compromise and this site may not last for its proposed life in terms of its capacity, he or she can shut down acceptance of new waste into the site or adjust the (inaudible) into the site based upon those concerns.

SENATOR DEUELL: What abouts contracts with individuals that buy into the contract, will they just be told they can't bring it or be done proportionately?

SENATOR SELIGER: My assumption would be they would be done proportionately. This is going to be operated by a private contractor. And if in the view of TCEQ that he determines that there is too much volume in, the compact members and the noncompact generators will have to adjust their volumes accordingly.

SENATOR DEUELL: Yeah, there's concern that this site perhaps has enough for Texas and not other states. Have you vetted that out yourself?

SENATOR SELIGER: Yes, sir, and Vermont, the partner who's already paid 25 million -- well, they've already paid 12 and a half million, as soon as their waste comes in, they'll pay another 12 and a half million are guaranteed a certain percentage of the site and that must be reserved for them. That leaves the rest of the site for the State of Texas and other generators or compact states. They can only use so much of it and TCQ can determine how much will be available.

SENATOR DEUELL: When do you think the study on the capacity will be done? When do you think we'll know?

SENATOR SELIGER: It must be done in the first year after the begins accepting this waste.

SENATOR DEUELL: Which will be when?

SENATOR SELIGER: It would be possibly December of 2012.

SENATOR DEUELL: 2012. Okay. Thank you.

SENATOR SELIGER: Thank you very much.

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

SENATOR DUNCAN: A question of the author.

SENATOR OGDEN: You're recognized for a question.

SENATOR DUNCAN: Senator Seliger, I appreciate all that you've done on this, and I just want to recognize I know Senator Bivens and I spent several hours on the floor in a scrum about -- or a scrimmage about this very issue, and I think you've taken it to the next level. I just want to congratulate you on the work that you have done on it.

SENATOR SELIGER: Thank you, Senator Duncan. I think it's an appropriate time to say that while you have not always been the most ardent supporter of this, you have also provided a tremendous amount of guidance and your reservations have provided important questions. You have made this a better bill, and I appreciate that along with the assistance of Senator Hinojosa who I think is going to offer an amendment or two, who's also helped make this a better bill.

SENATOR OGDEN: Senator Seliger moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 1504. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1504. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1504 relating to the disposal of radioactive low level waste at the Texas low level radioactive waste disposal compact waste disposal facility.

SENATOR OGDEN: Senator Seliger is recognized for a motion.

SENATOR SELIGER: Mr. President, I move the adoption of Floor Amendment 1 which does a couple of things. It changed interested parties in the contested case suit --

SENATOR OGDEN: Senator Seliger, I made a mistake. I recognized you for a motion -- now I recognize -- the following amendment, the secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 1 by Seliger.

SENATOR OGDEN: Senator Seliger, you're recognized to explain your amendment.

SENATOR SELIGER: Thank you, Mr. President. There are about three things done in this particular amendment. In the case of a contested hearing, it changes interested person to affected person to be consistent with current contested case hearing law. It makes clear that the TCEQ executive director can halt import after the completion of this study but prior to reaching the 30 percent capacity limit if necessary and it makes it clear that nonparty compact waste rates are subject to the same criteria that compact waste are subject to per section 401.246. I move adoption of the Floor Amendment.

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

SENATOR JACKSON: Will the gentleman yield?

SENATOR OGDEN: He'll yield for a question.

SENATOR SELIGER: I will.

SENATOR JACKSON: Thank you, Senator Seliger. And I have worked on this issue, I guess, for a lot of years as well from over in the House. I just wanted to -- the last statement that you made describing the amendment making sure that the fee structure or the charges for the waste were the same for the compact states as well as -- I didn't quite get what you called the other participating states. My question relates to this. When this was first set up, there were three states in the compact and I guess those are -- I think maybe we lost one, they decided to opt out, Vermont is still there, but then I understand that we're going to bring in about 30 other states' material into Texas. And I was wondering if you could remind me how those other states achieved this status.

SENATOR SELIGER: Yes, sir, I appreciate the opportunity. Originally this compact was Maine, Vermont and Texas. Maine dropped out. It anticipated because this is going to be one of the only, maybe the only site, certainly where B and C waste is concerned probably the only site in the country. If you are an individual generator like a hospital and health care research program as a generator, you may send waste to this site, you must pay a 20 percent gross value surcharge plus the rate that's being charged by the contractor. Now, then what's anticipated is that several generators in the state may be willing to ask their state to join the compact. They will still pay the rate to dispose of waste, but they won't have to pay the surcharge. What the state will pay is what we kind of anticipate, the generators will put up the money for the states to join the compact, Vermont will pay $25 million. Up through 2018 it will be $30 million. After 2018 it will be 40 or $50 million to join the compact and then pay the usual and customary rates to join the site.

SENATOR JACKSON: Okay. So if I'm understanding your description correctly, any state could be petitioned by some of its generators to join the compact?

SENATOR SELIGER: Exactly right.

SENATOR JACKSON: So there's no limitation, there could be all 50 states or I guess some territories too, if you thought.

SENATOR SELIGER: Yes, sir. And you bring up an important point in the bill, there is an absolute and strict prohibition against waste being stored at this site that originates in another country. This is a purely domestic exercise. The money that the compact -- that new compact members will pay will go directly into fund ADA which is in the general revenue fund, it's generally dedicated in the Texas budget.

SENATOR JACKSON: ADA for schools?

SENATOR SELIGER: Well, it will go into general revenue dedicated and certainly it helps mathematically balance the budget, appropriations

(inaudible) that will then be determined by the legislature in each successive session.

SENATOR JACKSON: Okay. So who sets the criteria to allow or qualify a petitioning state to enter the compact? Is there any application or is it just, here's my check?

SENATOR SELIGER: Any state can join the compact, I assume it's by the action of the Unites States Congress. That's where the compact came from. They will qualify -- it's actually -- if it is a state, obviously it's qualified to join the compact. Their waste is qualified by the compact commission, the oversight, the environmental oversight of TCEQ.

SENATOR JACKSON: But the participation of another state -- if Missouri decides, who do they -- how do they become --

SENATOR SELIGER: Then they have to seek the compact commission because they seek to join the compact.

SENATOR JACKSON: Okay. And that compact commission is controlled by?

SENATOR SELIGER: Texas and Vermont.

SENATOR JACKSON: Okay. So that commission is created when we created this whole facility?

SENATOR SELIGER: Yes, sir. The members of the compact are appointed by the governors of Texas and Vermont.

SENATOR JACKSON: Okay. Thank you, sir.

SENATOR SELIGER: Thank you.

SENATOR OGDEN: Senator -- the question is on adoption of Floor Amendment No. 1 by Seliger. Is there any objection? Chair hears none, the amendment is adopted. The following amendment. Secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 2 by Uresti.

SENATOR OGDEN: Chair recognizes Senator Uresti to explain his amendment.

SENATOR URESTI: Thank you, Mr. President. Members, Senator Seliger, I too want to thank you for your hard work on this bill. I know that you put in a lot of time and hours into it and your staff as well. Members, this amendment, No. 2, would make it clear that the Texas Commission on Environmental Quality and not some other agency such as a compact commission has the authority to make sure imported waste meets the same criteria as party's state waste. If TSEQ were to say the waste did not meet its criteria, it would be authorized with this amendment to tell the site operator the waste could not be accepted at the facility. And I believe it's acceptable to the author.

SENATOR SELIGER: The amendment's acceptable to the author.

SENATOR OGDEN: Members, you have heard the explanation of Floor Amendment No. 2. It's acceptable to the author. Is there any objection? Amendment's adopted. Following amendment, secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 3 by Hinojosa.

SENATOR OGDEN: Chair recognizes Senator Hinojosa to explain his amendment.

SENATOR HINOJOSA: Thank you, Mr. President and members. This amendment makes the low level radioactive waste disposal county commission responsible for developing rules with established procedures and forms for the approval of nonparty waste importation. This amendment also states that in application for waste importation from a nonparty source be submitted by the generator of the waste. This amendment makes it clear that the commission finds necessary to regulate the importation of nonparty waste, that is waste from sources other than Texas and Vermont. And I think it's acceptable to the author and I move adoption.

SENATOR SELIGER: The amendment is acceptable to the author.

SENATOR OGDEN: You heard the explanation of Floor Amendment No. 3. It's acceptable to the author. Is there objection? The Chair hears none, the amendment is adopted. Following amendment. Secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 4 by Hinojosa.

SENATOR OGDEN: Chair recognizes Senator Hinojosa to explain his amendment.

SENATOR HINOJOSA: Thank you, Mr. President and members. This amendment simply states that contracts negotiated with nonparty generators be associated in good faith and in accordance with antitrust statutes and regulations, and this amendment requires the licensee to negotiate in good faith as the only active disposal site in the country and I think it's acceptable to the author.

SENATOR OGDEN: Senator Seliger.

SENATOR SELIGER: The amendment is acceptable to the author.

SENATOR OGDEN: Members, you've heard the explanation. The amendment is acceptable to the author. Is there any objection to the adoption of Floor Amendment No. 4? Chair hears none, the amendment is adopted. The following amendment, the secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 5 by Jackson.

SENATOR OGDEN: Chair recognizes Senator Jackson to explain his amendment.

SENATOR JACKSON: Mr. President, I'd like to temporarily withdraw Floor Amendment No. 5.

SENATOR OGDEN: Members, Floor Amendment No. 5 is withdrawn. Senator Seliger, you're recognized for a motion.

SENATOR SELIGER: Mr. President, I move passage to engrossment of Committee Substitute of Senate Bill 1504.

SENATOR OGDEN: Members, you heard the motion, is there --

SENATOR SELIGER: Mr. President, if I may. I believe Senator Duncan has an amendment.

SENATOR OGDEN: Senator Seliger withdraws his amendment. I mean, Senator Seliger withdraws his motion. Senator Duncan, you're recognized for what purpose?

SENATOR DUNCAN: Whenever you lay out my amendment.

SENATOR OGDEN: Members, we're drafting amendments as we go, so we'll stand at ease for a few minutes until it's ready.

SENATOR DUNCAN: This amendment is drafted, I think they're just copying it and getting it passed out.

SENATOR OGDEN: Members, the following amendment, the secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 6 by Duncan.

SENATOR OGDEN: Chair recognizes Senator Duncan to explain his amendment.

SENATOR DUNCAN: Thank you, Mr. President and members. Senator Jackson has a -- there are actually two people that store radioactive waste in the state. There's one in Senator Jackson's district, I believe, and then this facility in Andrews County. What we were trying to do with the bill, and Senator Seliger has done a great job, is trying to incent stored waste to include elemental mercury, try to incent the disposal of that waste as opposed to storing it by applying a fee. This amendment makes sure that that provision in the bill does not capture Senator Jackson's constituent but does capture the waste facility at WCS. I believe it's acceptable to the author.

SENATOR SELIGER: The amendment is acceptable to the author.

SENATOR OGDEN: Members, you've heard the explanation. It's acceptable to the author. Is there any objection to the adoption of Duncan Floor Amendment No. 6? Chair hears none, the amendment is adopted. Senator Jackson. Once again, Senator Seliger, you're recognized for a motion.

SENATOR SELIGER: Thank you again, Mr. President. I move passage to engrossment of Committee Substitute to Senate Bill 1504.

SENATOR OGDEN: Senator Seliger moves passage to engrossment of Committee Substitute to Senate Bill 1504 as amended. Is there objection? Chair hears none, bill is passed to engrossment. Senator Seliger is recognized for a motion to suspend the constitutional three day rule.

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

SENATOR OGDEN: The secretary will call the roll.

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

SENATOR OGDEN: There being 30 ayes and one nay, the three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1504. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1504 relating to the disposal of low level radioactive waste.

SENATOR OGDEN: Senator Seliger is recognized for a motion.

SENATOR SELIGER: Mr. President, I move final passage of Committee Substitute to Senate Bill 1504.

SENATOR OGDEN: The secretary will call the roll.

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

SENATOR OGDEN: There being 31 ayes and no nays, Committee Substitute to Senate Bill 1504 is finally passed. Congratulations, Senator.

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

SENATOR OGDEN: Senator Seliger is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 1605.

SENATOR SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider Senate Bill 1605 relating to the Texas low level radioactive waste disposal compact commission. What this bill does is it establishes the compact commission as an independent entity answering directly to the Texas legislature much in the form of a river authority. The bill will create a new agency code for the compact commission and remove from TCEQ's budget pattern to establish a clear cut consideration between TCEQ as a regulatory agency and the compact commission as a function of interstate compact. The bill will stagger the terms of the six compact commissioners so that two of the commissioners' terms will expire on February 1st of each even numbered year. Requires the compact commission to establish bylaws, requires biennial reports to the legislature, requires the compact commission to undergo the sunset review, requires the attorney to represent the compact commission in matters before state or federal government and allows for the state auditor to audit the compact commission. I move suspension.

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

SENATOR JACKSON: Will the author of the bill yield?

SENATOR SELIGER: I do.

SENATOR JACKSON: Thank you and --

SENATOR OGDEN: Members, if we could hold it down a little bit so we can discuss the bill that's on the floor and not the next one. Go ahead, Senator Jackson.

SENATOR JACKSON: Thank you, Mr. President. Once again, we're making with this piece of legislation a wholesale change of how we have operated our low level radioactive waste business in the state by basically making this an independent state agency; is that correct?

SENATOR SELIGER: It's true we're changing a lot of the things that the original compact commission originated with legislative action or legislation by Congress as far back, I think, as 1981. This is going to change and it was believed that the compact commission -- there should be a bright line between the compact commission and the Texas Commission on Environmental Quality. It is the responsibility of Texas commission on Environmental Quality to regulate everything that goes on in an environmental nature with this site. If it were to supervise and be in the budget pattern for this pattern, we were afraid those lines would be blurred. They should not be blurred, so the relationship remains the same but it is now an independent agency.

SENATOR JACKSON: Is there any fiscal note associated with this?

SENATOR SELIGER: Actually there will be a rider for funds derived from fund 88 to go to the compact commission. It will be dwarfed by the cash flow of the money that goes into the compact commission because the surcharges go to the State of Texas and into the general fund and 5 percent of all fees that go in will also go into the general fund of the State of Texas and then fund 88 will get the funds for compact joining, if any other states s choose to join the compact.

SENATOR JACKSON: So, if your bill passes, TCEQ will no longer have any regulatory authority over low level radioactive waste in this state, correct?

SENATOR SELIGER: TCEQ will have all of the regulatory authority when it comes to nuclear waste in Texas. It will not have the managerial authority of the compact commission. Compact commission will have an operating officer.

SENATOR JACKSON: You don't want TCEQ to be the judge and the jury and the prosecution or executioner all in the same step then, I guess. Is that why you're trying to separate this?

SENATOR SELIGER: It's an interesting question because when it comes to matters of environmental regulation, TCEQ will have all the responsibilities that it currently has, when it comes to any waste disposal in the State of Texas. But it will not be the manager of the agency. The compact commission will not be in TCEQ.

SENATOR JACKSON: Okay. I thank you for your time.

SENATOR SELIGER: Thank you, Senator Jackson.

LT. GOVERNOR DEWHURST: Members, you have heard the motion by Senator Seliger. Is there objection from any member? Chair hears no objection from any member and the rule is suspended. Chair lays out on second reading me statute to Senate Bill 1605. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1605 relating to the Texas low level radioactive low level compact commission.

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

PATSY SPAW: Floor Amendment No. 1 by Seliger.

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

SENATOR SELIGER: Thank you, Mr. President. This amendment reorganizes the new sections in the health and safety code having to do with the Texas low level waste compact in section 403 to the preamble so there are no issues about this language that need to be ratified by the Congress of the United States which is what originally created the compact.

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

SENATOR SELIGER: Mr. President, I move passage to engrossment of the Committee Substitute so Senate Bill 160 R5.

LT. GOVERNOR DEWHURST: Thank you, Senator Seliger. Members, you've heard the motion by Senator Seliger. Is there objection from any member? The Chair hears no objection from any member and Committee Substitute to Senate Bill 160 R5 as amended passes to engrossment. Chair recognizes Senator Seliger for a motion to suspend the constitutional rule that bills be read on three several days.

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

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Seliger. 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.

LT. GOVERNOR DEWHURST: There being 29 ayes and two nays, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1605 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1605 relating to the Texas low level radioactive waste disposal compact commission.

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

SENATOR SELIGER: Thank you, Mr. President. And I move final passage to Committee Substitute to Senate Bill 1605.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Seliger. 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.

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay a Committee Substitute to Senate Bill 1605 is finally passed.

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

LT. GOVERNOR DEWHURST: Members, the following motion in writing by Senator Whitmire. The secretary will read the motion.

PATSY SPAW: Permission to introduce bills. Mr. President, I move suspension of Senate Rule 7.7B to permit the introduction of the following bills. Senate Bill 12 by Shapiro, Davis, Duncan, Patrick, and West relating to the flexibility of the board of trustees of a school district in the management and operation of public schools in the district. Senate Bill 1898 by Uresti relating to the appointment of a conservator for and authorizing the dissolution of the Bexar Metropolitan Area Water District. Senate Concurrent Resolution 41 by Hinojosa designating the red drum as the official state saltwater fish of Texas. Motion by Whitmire.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Whitmire. Is there objection from any member? Chair hears no objection from any member and the motion is adopted. Members, the following bills and resolutions on first reading in reference to committee. The secretary will read the bills and resolutions.

PATSY SPAW: Senate Bill 12 by West, et al. relating to flexibility of the board of trustees of a school district in the management and operation of public schools in the district. To Education. Senate Bill 1896 by Lucio relating to the designation of a portion of farm-to-market road 907 in Hidalgo County as Rudy Villarreal Boulevard. To Transportation and Homeland Security. Senate Bill 1897 by Patrick relating to the creation of a vintage municipal management district. To Intergovernmental Relations. Senate Bill 1898 by Uresti relating to appointment for conservator and for the dissolution of Bexar Metropolitan District. To Natural Resources. Senate Bill 1899 by Nichols relating to compensation for services and reimbursement for expenses of a member of the board of directors for the Lakeview Management and Development District. To Intergovernmental Relations. Senate Bill 1901 by Wentworth relating to the Hayes Trinity community groundwater conservation district. To Natural Resources. Senate Bill 1902 by Eltife relating to the river band water resources district. To Natural Resources. Senate Bill 1903 by Eltife relating to the dissolution of the river band water resources district. To Natural Resources. Senate Concurrent Resolution 41 designating the red drum as the official state saltwater fish of Texas. To Administration. House Bill 149. To Jurisprudence. House Bill 200. To Criminal Justice. House Bill 350. To Criminal Justice. House Bill 361. To Intergovernmental Relations. House Bill 422. To Transportation and Homeland Security. House Bill 447. To Veteran Affairs and Military Installation. House Bill 457. To State Affairs. House Bill 462. To Jurisprudence. House Bill 478. To Transportation and Homeland Security. House Bill 549. To Jurisprudence. House Bill 589. To Transportation and Homeland Security. House Bill 824. To Health and Human Services. House Bill 843. To Intergovernmental Relations. House Bill 848. To Health and Human Services. House Bill 885. To Transportation and Homeland Security. House Bill 904. To Jurisprudence. House Bill 905. To Jurisprudence. House Bill 906. To Jurisprudence. House Bill 984. To Jurisprudence. House Bill 993. To Transportation and Homeland Security. House Bill 1110. To Intergovernmental Relations. House Bill 1251. To Transportation and Homeland Security. House Bill 1286. To Education. House Bill 1481. To Health and Human Services. House Bill 1551. To Natural Resources. House Bill 1703. To Education. House Bill 1844. To Administration.

LT. GOVERNOR DEWHURST: While -- that was loud, sorry. The president's desk is clear. Do we have announcements? Chair recognizes Senator Fraser.

SENATOR FRASER: Mr. President, I would now move to suspend rules 11.10 and 11.18 so that the Senate committee on natural resources can meet at my desk on pending --

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Fraser to suspend Senate rules 11.10 and 11.18 enabling natural resources to meet at Senator Fraser's desk. Is there objection from any member? Chair hears no objection and the rules are suspended.

SENATOR FRASER: Mr. President, the Senate committee on natural resources will meet at my desk immediately after session.

LT. GOVERNOR DEWHURST: Thank you, Senator Fraser. Chair recognizes Senator Whitmire for an announcement.

SENATOR WHITMIRE: Mr. President, I would move to suspend the Senate's 24-hour posting rule so that the Senate committee on criminal justice can meet at my desk upon adjournment to take up pending business on adjournment.

LT. GOVERNOR DEWHURST: Thank you, Senator Whitmire. Members, Senator Whitmire moves to suspend of the Senate rules 11.10 and 11.18 so his committee can meet at his desk following adjournment. Is there objection from any member? The Chair hears no objection and the rules are suspended. The Chair recognizes Senator Gallegos for an announcement.

SENATOR GALLEGOS: Thank you, Mr. President. Mr. President the Senate committee on flooding and evaluation will meet 30 minutes upon adjournment in room E1028.

LT. GOVERNOR DEWHURST: Thank you, Senator Gallegos. Chair recognizes Senator Harris for an announcement.

SENATOR HARRIS: Mr. President, I move to suspend the 24-hour posting rule Senate rules 11.10 and 11.18 in order for the committee on Jurisprudence to meet today upon adjournment at my desk.

LT. GOVERNOR DEWHURST: Thank you, Senator Harris. Members, Senator Harris moves to suspend the Senate rules 11.10 and 11.18 so the Jurisprudence committee can meet at his desk upon adjournment. Is there objection from any member? The Chair hears no objection from any member and the rules are suspended. Chair recognizes Senator Nelson for an announcement.

SENATOR NELSON: Thank you, Mr. President. I move to suspend the 24 hour posting rule so that the Senate finance Senate Bill committee on Medicaid can meet today upon adjournment in the Senate chamber, we're going to vote on Senate Bill 23.

LT. GOVERNOR DEWHURST: Thank you, Senator Nelson. Senator Nelson moves to suspend -- the Senate rules 11.10 and 11.18 so the committee can meet at her desk after --

SENATOR NELSON: In the chamber.

LT. GOVERNOR DEWHURST: In the chamber. Is there objection from any member? The Chair hears no objection and the rule are suspended. The Chair recognizes Senator Eltife for an announcement.

SENATOR ELTIFE: Thank you, Mr. President. The local and uncontested calendar session will be held tomorrow April 14th at 8:00 a.m. A copy of the calendar has been furnished to each of you. Also I move to suspend Senate rule 11.13 so that committees can meet tomorrow morning during the local and uncontested calendar session. Thank you, Mr. President.

LT. GOVERNOR DEWHURST: Thank you, Senator Eltife. Senator Eltife moves to suspend the Senate rules 1113 so that committees can meet during the time tomorrow at which the local and uncontested calendar is being heard. Is there objection from any member? Chair hears no objection so ordered. Chair recognizes Senator Shapiro for an announcement.

SENATOR SHAPIRO: Yes. Thank you, Mr. President. I move to suspend the 24-hour posting rule pursuant to the rules 11.10 and 11.18 so that the Senate committee on education can take up and consider Senate Bill 12 at our hearing tomorrow at 8:30 in E10238. Senate Bill 12 relating to the flexibility of the board of trustees in a school district in the management and operation of public schools in the district.

LT. GOVERNOR DEWHURST: And that's the new revised?

SENATOR SHAPIRO: New and and improved Senate Bill 3.

LT. GOVERNOR DEWHURST: Now, what do you think about this, Senator Davis and Senator West? All right. Just wanted to check on that.

SENATOR SHAPIRO: We did a few.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Shapiro to suspend the rules 11.10 and 11.18 to hear Senate Bill 12 tomorrow morning at 8:30. Is there objection from any member? Chair hears no objection so ordered. Chair recognizes Senator Ogden for an announcement.

SENATOR OGDEN: Members, Senate finance will reconvene at 4:30 to take up Senate Bill 1.

LT. GOVERNOR DEWHURST: Thank you, Senator Ogden. Are there any additional -- any additional announcements? Members, I will share with you that at 10:00 o'clock this morning in dealing with the number of bills we had today I had a conversation with Lane Brunson, our parliamentarian, and we were going to try does end at 3:00 o'clock, so that's amazing. We were within ten minutes. Chair recognizes the Dean of the Senate for a highly privileged motion.

SENATOR WHITMIRE: Mr. President, before I move to recess until in the morning I would ask everyone to give Senator -- I yield to Senator Davis who has some remarks she'd like to make and I would ask everyone to give her their attention.

LT. GOVERNOR DEWHURST: Members, I'm going to ask if you would, if you'd be so kind as to take your chairs. Thank you. Chair recognizes Senator Davis.

SENATOR DAVIS: Thank you, Mr. President. And thank you, Dean and fellow members. Today I would like to ask that we adjourn in memory of a fallen solder from the district I represent. Staff Sergeant Jeremy D. Smith who was only years old of Arlington. Sergeant Smith died on April 6th while conducting combat operations in Helman province, Afghanistan --

SENATOR CARONA: Sergeant Smith a 2003 graduate of Arlington Martin High School served in Alpha Company First Battalion 23rd Marines, a reserve infantry unit out of Houston. He was most recently deployed to Afghanistan in March. Sergeant Smith enlisted straight out of high school, his deployment in March with the Houston base reserved unit known as the Loan Star battalion was his fourth combat tour including three previous combat deployments in Iraq while on active duty. According to a media report, Sergeant Smith enlisted shortly after the invasion of Iraq out of a deep sense of patriotism. We should all be deeply grateful to those such as Staff Sergeant Jeremy Smith who are willing to sacrifice our lives so that we may all enjoy the freedoms and liberties of this great nation.

LT. GOVERNOR DEWHURST: Thank you, Senator Carona. And thank you, Senator Davis. Dean.

DEAN OF THE SENATE: I move that the Senate recess until 8:00 a.m. tomorrow so that we may consider a local and uncontested calendar at that time and at the conclusion of that time the Senate will adjourn until 10:30 April 14th, and we do so in memory of Staff Sergeant Jeremy Smith.

LT. GOVERNOR DEWHURST: Members, you have heard the motion of Senator Whitmire. Is there objection from any member? Chair hears no objection and the Senate will stand adjourned -- in recess until 8:00 a.m. tomorrow morning to consider the local calendar. In conclusion the Senate will stand adjourned until 11:00 a.m. in memory of Staff Sergeant Jeremy Smith.

(Adjourned.)