Senate Transcript, April 20, 2011

View April 20's House Transcript

LT. GOVERNOR DEWHURST: Members, I'm going to go ahead and announce, I'd like to postpone the beginning of the session for about 15 or 20 minutes today because Senate Finance is still voting on a Senate finance bill. The Senate will come to order. The secretary will call the roll.

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

LT. GOVERNOR DEWHURST: Thank you, Madam Secretary. A quorum is present. Would all those on the floor please rise and in the gallery please rise this morning for the invocation to be delivered by the Reverend Jimmy Steele, Trinidad United Methodist Church of Trinidad.

PASTOR: Dear Lord, we pray that You will be with this body as they serve today. And we pray for Your guidance to all who serve in all positions of government. We pray that You will guide them with their labors, as You have guided so many others who have served in the past. Give them the guidance and wisdom to serve according to Your will. Thank You for the heritage You have given us in this state and in Your kingdom. We pray You Will bless the State of Texas and the United States of America. In Jesus' name. Amen.

LT. GOVERNOR DEWHURST: Amen. Pastor Steele, thank you so much. Thank you for being here. Ladies and gentlemen in the gallery, you may have a seat. Thank you so much. Members, Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there objection from any member? The chair hears no objection from any member, so ordered. Mr. Doorkeeper.

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

LT. GOVERNOR DEWHURST: Admit the messenger.

MESSENGER: Mr. President, I'm directed by the House to inform the Senate has House has taken the following action. The House has passed the following measures. HB44 by Menendez relating to the authority --

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

PATSY SPAW: Senate Concurrent Resolution No. 42, Senate Bill 619, and Senate Bill 333.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Watson to introduce the doctor for the day.

SENATOR WATSON: Thank you very much, Mr. President. Members, I am pleased to introduce to you today someone who has actually been a doctor for the day for us on numerous occasions, and we're very grateful for his service again today. That's Dr. Daniel Voss of Jarrell, Texas. Dr. Voss received his undergraduate training -- we've got some folks from Jarrell, it sounds like. Dr. Voss received his undergraduate training at Texas A&M and his medical degree from the University of Texas Medical Branch in Galveston. He completed his internship and residency in family medicine at John Peter Smith up at Fort Worth. He specializes in family medicine, is board certified by the American Board of Family Practice, and he practices at the Georgetown Medical Clinic. Let's give a round of applause and say thank you for your service to us today. We welcome Dr. Daniel Voss.

LT. GOVERNOR DEWHURST: Thank you, Senator Watson. The following message from the governor. The secretary will read the message.

PATSY SPAW: To the Senate of the 82nd Legislature regular session, I ask the advice, consent and confirmation of the senate with respect to the following appointments: To be members of the Texas Medical Board Julie K. Attebury, Amarillo; Stanley S. Wang, Austin; George Willeford III, Austin; Irvin E. Zeitler, Jr, Paint Rock; To be members of the Texas Commission of Licensing and Regulation: Lillian Norman-Keeney, Taylor Lake Village; Robby Shaw, the Colony; To be members of the State Health Services Council: Kirk Aquilla Calhoun, Tyler; David Woolweaver, Harlingen; To be a member of the State Board of Veterinary Examiners: Richard Scott Bonner, Jr., Corpus Christi; To be members of the State Pension Review Board: Lesley Greco-Pool, Euless; J. Robert Massengale, Lubbock; To be members of the Health and Human Services Council: Kathleen Angel, Austin; Maryann Miyun-Choi, Georgetown; Karen Harris, Lake Hills. Respectfully submitted, Rick Perry, governor of Texas. On January 19th, 2011, I submitted the name of Joyce King for the appointment to the Cancer Prevention and Research Institute of Texas Oversight Committee. Because she resigned, I hereby withdraw her nomination and request that the Senate return that appointment to me. Respectfully submitted, Rick Perry, governor of Texas. All to nominations.

LT. GOVERNOR DEWHURST: Thank you, Madam Secretary. The chair lays out the following resolution, Senate Resolution No. 746 by Senator Watson. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 746 commending the Austin Downtown Founder Lions Club on the occasion of its 95th anniversary, by Watson.

LT. GOVERNOR DEWHURST: Thank you, Madam Secretary. Chair recognizes Senator Watson to explain the resolution.

SENATOR WATSON: Thank you so much, Mr. President. Members, I am very pleased and honored to be joined today on the Texas Senate by, as you just heard in the caption of that resolution, the Austin Downtown Founder Lions Club. It's celebrating its 95th anniversary. The Austin Lion's Club is the oldest -- it's the oldest continuously operated Lions Club in the world. Not just in Texas but in the world. They're well known in their community for the work they do to fight blindness, supporting organizations like the Lone Star Lions Eye Bank, the Texas School for the Blind and Visually Impaired and Leader Dogs for the Blind. The Austin Lions Club has been instrumental in a lot of parks and the beautification efforts over the years. They built and donated the Lions municipal golf course, they helped established the Austin parks and recreation departments. With us today on the floor are leaders from the Austin Downtown Founders Lions Club. We have with us Leah Baxter, the president; JP Kirksey, the vice president governor; we have Neal Gilligan, the past director governor and Patty Robinson zone chair. And I saved the last person to introduce because I just want to say something special. We are joined by the second vice president, the former Austin mayor Gus Garcia. And when I had the privilege of serving as mayor, Mayor Garcia was mayor pro-Tem but even well before that he played a pivotal role in my activities in public service. And it's just one of those rare occasions where you get to say publicly thank you to somebody that you see as a mentor and somebody you care so deeply about, so I want to say that to Mayor Garcia. I'd also like to ask the members of the Lions Club in the north gallery to stand and be recognized. They're with us here. Folks, please join me in welcoming the Austin's Lions Club and exemplary group to the Texas Senate. Mr. President, I move adoption of Senate Resolution 746.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Watson, is there objection from any member? Chair hears no objection, and the resolution is adopted. Chair lays out the following resolution. Senate Resolution No. 626 by Senator Whitmire. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 626 recognizing Texas Ranger Chief Antonio Leal on the occasion of his retirement from the Texas Department of Public Safety on March 31st and commending him for 27 years of loyal service by Whitmire.

LT. GOVERNOR DEWHURST: Thank you, Madam Secretary. Chair recognizes Senator Whitmire to explain the resolution.

SENATOR WHITMIRE: Thank you, Mr. President and members. And if I could have everyone's attention, you know, we have the opportunity to recognize people on this Senate. Floor and I'm going to be real up front. I do it very carefully judiciously, and I don't just bring everyone to the Senate floor. But I have a good friend this morning that has served the state of Texas for 27 years. We all know the outstanding agency that the Department of Public Safety provides, but within that agency is a very select group of men and women which, quite frankly, our are heroes. They've been our heroes since the frontier days of the state of Texas, they're currently our heroes in providing border security and I could go on and on. I know each and every one of us have a special relationship with the Texas Rangers. It's been one of the real pleasures of my public service to work shoulder and shoulder with him. Quite frankly, we all wish we could be a Texas Ranger, but few are chosen. And it probably should remain that way, Tony. Today though, we're honoring the chief of the Texas rangers, Toni Leal upon his retirement. Tony is joined today by his wife Coco, his children Lindsey, Logan, Tony the 4th who happens to also be one of our outstanding Troopers and baby Lyndon. Tony served 27 years with the Department of Public Safety and was retired March 31st. Started as a highway patrol trooper in 1984 in Fort Bend and then 1991 as sergeant of San Antonio. In 1994 he became a Texas Ranger of company A in Houston later would come to be in San Antone. In 2000 he was named to the newly formed unsolved crimes investigation unit and solved the unit's first cold murder case. Chief Leal was promoted to the highest rank of the Texas rangers in 2008. The first Hispanic officer to become chief and the youngest person to ever hold that position. As overseeing major investigations, border security operations, public corruption, and special tactical resources. He's created the department's first full-time special weapons and tactics team. Friends, colleagues, we're very fortunate to have had Tony serving as a Ranger, as a Trooper. The state is a better place, it's a safer place and we're going to have a reception for him upon the ending of this ceremony which I want you to join, but I also want to take a moment to recognize, if I could Tony, your colleagues. You know, it's a real tribute when you work in a body or an organization and you're respected as you are by the rank in file. I'm going to ask the officials of the Department of Public Safety, these fine Rangers, if you'll just stand so Tony will see your appreciation and friendship for his many years of service. Tony, we appreciate you, you're still a young man, we know you have many years of public service in the law enforcement to provide. Thank you and your family for allow us to honor you today with this ceremony. Mr. President, I move adoption of the resolution.

LT. GOVERNOR DEWHURST: Thank you. And I note that motion before the Chair recognizes Senator Hinojosa on the resolution.

SENATOR HINOJOSA: Thank you, Mr. President and members. I too rise to support the resolution and thank Chief Leal for his long-term service to the state of Texas. Thank you for protecting the public, I know many times we don't realize the danger the law enforcement people face on a daily basis. They go days and days trying to find those that want to harm our families. But more important, sometimes when they stop a car, they don't know whether that car -- the occupant is a criminal or just a citizen who was speeding and that's a danger. And the loved ones are always home having sacrificed too. Whether or not their officer will come home that night. So Ranger Leal, I want to thank you for your service to our state. When I was young, I wanted to be a Texas Ranger, and I got a commission as a captain when Eddie Lucio was governor for a day, so I'm part of the rank in file. Thank you for your service.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Huffman on the resolution.

SENATOR HUFFMAN: Thank you, Mr. President. I join also with Senator Whitmire and Senator Hinojosa in congratulating you, Chief Leal. I think of you with fond memories. I remember when you first became a Ranger and we worked on a case back when I was at the organized crime narcotics task force in Harris County. Remember in that little broken down building that we had there out on I10? And we did some good work together and I know you have done some incredible work over the years and made a difference to the state of Texas. I thank you for your service, I thank your family, I know they had sacrifices too, your beautiful wife and your children I know sacrificed also and spent some worried nights, I'm sure, when you were out kicking in those doors. I'd also like to thank those in the gallery that I've had the pleasure of working with and serving our state. Thank you for being here, and I'm honored to rise today to honor you. Thank you.

LT. GOVERNOR DEWHURST: Thank you, Senator Huffman. The Chair recognizes Senator Patrick on the resolution.

SENATOR PATRICK: Thank you, Mr. President. Chief, again, I join all of our colleagues in thanking you for your service and wishing you the best. God speed in your retirement. But I think Senator Whitmire, and thank you, you are judicious on who you recognize on the floor. And when we think of the Texas Rangers, it is everything that we love about Texas. The Rangers here today, the Rangers who are on duty today. And Chief, you represent courage, you represent integrity, you represent the Texas spirit. Everyone grows up wanting to be a Ranger and so few get to serve. So thank you for your service, thank all the Rangers. Yesterday, today and tomorrow, the Rangers will always represent the best of Texas and to your son who maybe will be a Ranger one day, we thank you for your service as well. Thank you.

LT. GOVERNOR DEWHURST: Senator Patrick, I agree with everything you said. But I'm going to take the liberty of saying, in addition, because I agree with you, but in addition, that the Rangers represent all that we love about Texas, I might add because I've had a chance to meet a lot of them over the years, but our fine men and women in the DPS, troopers, CID, narcotics, across the board, these are men and women who just stretched to make sure that we're safe and that's our No. 1 obligation. Members, you heard the motion by Senator Whitmire. Is there any objection from any member? Chair hears no objection, and the resolution is adopted. Chair recognizes Senator Eltife for an introduction.

SENATOR ELTIFE: Thank you, Mr. President and members. Today is Retire in Texas Day at the Capitol, and I would like to commend the communities across the state that have worked to earn the title of Go Texans certified retirement community. Members, as you know, this program is administered by Agricultural Commissioner Todd Staples and today about 40 communities. Ten of them in my Senate district have earned the certification. There is something for everyone looking for that special place to retire in our great state. And in the gallery we have representatives from some of these retirement communities. We'd like you to stand and be recognized. Members, help me welcome them to the Texas Senate. Thank you for being here.

LT. GOVERNOR DEWHURST: Thank you, Senator Eltife. Senator Shapiro. The Chair lays out the following resolution, Senate Resolution No. 793 by Senator Shapiro. The secretary will read the resolution.

PATSY SPAW: Senate Resolution No. 793 declaring the month of April 2011 Genocide Awareness and Prevention Month by Shapiro.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Shapiro to explain the resolution.

SENATOR SHAPIRO: Thank you very much, Mr. President and members. Senate Resolution 793 recognizes April 2011 as Genocide Awareness and Prevention Month at the Capitol. Historically many genocides having triggered by events that occurred in the month of April. As a result many institutions around the world have designated April as a month of genocide awareness prevention. In April 1933 the Nazis issued a decree that prepared the way for the final solution. In April 1975 the Kamir Rouge entered the capital of Cambodia and initiated wide scale massacres that turned cities into killing fields. In April 1992 the siege of Sarajevo began. In April 1994 the Rwandan president's airplane was shot down setting off the Rwandan genocide. And in April 2003 the displacement of Darfourians began in the Sudan leading to hundreds and thousands of death and displacements of millions. Recognizing the importance of genocide awareness by declaring a month of focused study, larger and smaller organizations --

LT. GOVERNOR DEWHURST: I'm going to ask for order in the chamber.

SENATOR SHAPIRO: Thank you, Mr. President. Recognizing the importance of genocide awareness by declaring a month of focused study, larger and smaller organizations and municipalities will be motivated to take action which can lead to building stronger communities and preventing the circumstances that can lead to genocide. As the daughter of Holocaust survivors, I am personally committed to this educational initiative. Furthermore, I believe this effort will further develop an important educational tool for current as well as future generations of Texans. It is for this reason that I have filed this resolution, resolution CR -- SCR39 as well which will declare April as the month in 2000 -- between 2011 and 2020 as Genocide Awareness and Prevention Month. There are history lessons that none of us should ever forget. It is imperative that all of us remember the everlasting value of human dignity. On hand to recognize this significant occasion we have on the floor with us some very important guests from the Texas Holocaust and Genocide Commission. I understand Chairman Peter Berkowitz was here earlier but had to leave. We have Chaja Verveer who is the commissioner. We have Gilbert Tuhabonye. We have -- also as a commissioner, we have Ian Hancock who is a commissioner. And we have Christy Peloquin who is the coordinator. It is with great honor that I introduce these people to the floor of the Texas Senate, and I also ask for adoption of SR793 at this time.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Shapiro. Is there objection from any member? Chair hears no objection from any member, and the resolution is adopted.

SENATOR SHAPIRO: Thank you.

LT. GOVERNOR DEWHURST: Chair lays out Senate Resolution No. 797 by Senator Hinojosa. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 797 welcoming the contestants of the 2011 Feria de las Flores scholarship pageant to the State Capitol by Hinojosa.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Hinojosa to explain the resolution.

SENATOR HINOJOSA: Thank you, Mr. President and members. Members, today I have the privilege of presenting to the Texas Senate five young ladies I want to commend the 2011 Feria de las Flores scholarship pageant competition for the exceptional talent that's offered to the young people of south Texas for so many years. The pageant has been sponsored by Dulack Council No. 1 since 1959. Through the generous support of the south Texas business community, Dulack have distributed more than $1.5 million in scholarship funds to students throughout the Coastal Bend area. The competition contestants judge in six categories. Beauty, personality, poise, costume, dance routine and on stage questions. The event is designed to pay tribute to the heritage of Mexican American citizens which features music, dance, and dress that dignify various regions of the border. The contestants selected as the queen of the Feria de las Flores receive a scholarship and represents Dulack Council No. 1 in all community and social activities during her regime. To be recognized here on the Senate floor Bianca Silvas, will you step forward? Thank you. Maria Gomez. We have Betty Carabello. We have Krystella Stobbs. We have April De La Paz. And we have the rest of the Feria de las Flores delegation seated in the south. Will y'all please stand up? Members, please help me welcome at this time a fine group of young ladies to the Texas Senate.

LT. GOVERNOR DEWHURST: Thank you, Senator Hinojosa. Members, you heard the motion by Senator Hinojosa. Is there objection from any member? The Chair hears no objection, and the resolution is adopted. Members, the Chair lays out Senate Resolution No. 704 by Senator Birdwell. The secretary will read the resolution in full.

PATSY SPAW: Senate Resolution 704, WHEREAS, The Senate of the State of Texas is pleased to pay tribute to the life of Alphonso Steele, a treasured Texas patriot who fought in the Battle of San Jacinto and survived to live a long and fruitful life; he was the last of the Texas survivors to die; and WHEREAS, Alphonso Steele was born on April 9, 1817, to a pioneer family in Hardin County, Kentucky; in 1835, he joined Captain Ephraim M. Daggett's company of volunteers in Louisiana and traveled with the company to Texas to aid in the Texas Revolution; and WHEREAS, The company arrived at Washington-on-the-Brazos on New Year's Day in 1836; since Texas had not yet declared its independence, many volunteers disbanded and returned home; Alphonso remained until after the signing of the Texas Declaration of Independence; he then joined a company of men who were serving under Captain Joseph L. Bennett, and the company later joined General Sam Houston's army; and WHEREAS, Alphonso served in the Battle of San Jacinto as a private in Captain James Gillespie's company of Sidney Sherman's regiment; he was severely wounded in the early stages of the battle, but he continued to fight until the end; during much of the battle, Alphonso's gray horse was ridden by General Sam Houston, until the animal was shot beneath him; and WHEREAS, After months of recuperation, Alphonso made his way to Montgomery County, where he began to farm and raise cattle; he married Mary Ann Powell in 1838, and the couple moved in 1844 to a part of Robertson County that later became Limestone County; the couple had eight children, and many of their descendants went on to distinguish themselves in military service; and WHEREAS, In 1907, Alphonso revisited the San Jacinto Battleground at the invitation of Andrew Jackson Houston, the son of Sam Houston; on February 10, 1909, the 31st Texas Legislature presented Alphonso with a gold medal for his bravery at the Battle of San Jacinto; Alphonso died on July 8, 1911, near Kosse, at the home of a grandson; he was 94 years old; a poem dedicated to him and entitled "The Last Hero" was written in the year of his death by Jake H. Harrison; and WHEREAS, A life-size picture of Alphonso is in the San Jacinto Monument; there are two portraits of Alphonso in the State Preservation Board's permanent Capitol art collection; a large portrait by Marie Cronin, commissioned by the state in 1909, hangs prominently in the Senate Chamber, and a smaller portrait hangs in the House clerk's office; and WHEREAS, Alphonso Steele represents those early pioneers who loved Texas and had the courage and dedication to fight for its independence; he and his colleagues endured unbelievable hardships and challenges and emerged from them victoriously to help shape the state that we all take pride in today; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby honor Alphonso Steele and celebrate the life of this intrepid Texas hero by paying tribute to his courage and his invaluable contributions to our state; and, be it further RESOLVED, That a copy of this Resolution be prepared for his descendants as an expression of highest esteem from the Texas Senate, and that this Resolution be presented to Gene C. Steele, the oldest living great-grandchild of Alphonso Steele by Birdwell.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Birdwell to explain the resolution.

SENATOR BIRDWELL: Thank you, Mr. President. Members, this resolution is honoring the life of Alphonso Steele who, as the resolution states, was a true Texas patriot. His great service was defined in the battle of San Jacinto exactly 175 years ago, tomorrow. The resolution also mentioned that a painting of Mr. Steele resides right here in the Senate gallery, and I hope you stop by and appreciate it here today. It hangs to the far right of our lieutenant governor. In remembering Alphonso Steel, I'm pleased today to recognize his family seated in the west gallery are direct descendents of his family including Mr. Gene Steele, the great grandson of Alphonso and his eldest living relative Mr. Rocky Steele, Alphonso's great grandson. And last but certainly not least, if you thought you had already heard the name Steele today, that's because the Reverend Jimmy Steele, the great great grandson of Alphonso Steele was our pastor of the day today. I would now ask all the members of the Steele family, and I believe there are about 40 of them here today, to stand and be recognized in the gallery. Members, please help me honor the life of Alphonso Steele by welcoming his family here to the Texas Senate. Mr. President, I move adoption.

LT. GOVERNOR DEWHURST: Thank you, Senator Birdwell. I know he'd be proud of his family here today. Members, you heard the motion by Senator Birdwell. Is there objection from any member? The Chair hears no objection, and the resolution is adopted.

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

LT. GOVERNOR DEWHURST: Thank you, ladies and gentlemen. The Chair lays out the following resolution, Senate Resolution No. 300 -- 816 by Senator Lucio and Senator Davis. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 816 declaring April the 24th, 2011 as Texas Meningitis Awareness Day by Lucio and Davis.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Lucio to explain the resolution.

SENATOR LUCIO: Thank you, Mr. President. Members, if I could have your attention for just a second. Ladies and gentlemen of the Senate today, I present to you Senate Resolution 816 in recognition of Texas Meningitis Awareness Day that will be acknowledged this Sunday April the 24th in conjunction with World Meningitis Day. Meningitis is a disease that strikes two to 3,000 Americans each year. Unfortunately taking the lives of up to 12 percent of those infected. Even survivors of the disease may live with severe health problems for the rest of their lives. Persons between 17 and 20 years of age are twice as likely as the general population to contract meningitis. This equates the 15 deaths among college students every year. Joining us today on the Senate floor are two outstanding women. Texas women for whom the fight against meningitis is near and dear to the heart. First of all Patsy Silva Schanbaum and her daughter Jamie Schanbaum, a meningitis survivor. In 2008 Jamie contracted a rare and violent form of meningitis that left her fighting for her life. She is blessed to have survived but not without consequence. As a result of this severe infection she has had both legs amputated below the knees as well as most of her fingers. This tragedy has allowed her to become an advocate and a beacon of hope for those who have been infected with this horrendous disease. Jamie uses her experience to raise money for continued research and awareness. She has turned hardship into heroism, Senator Duncan, early vaccination would have saved numerous lives and prevent the tragic death, health rob -- excuse me, caused by the meningitis bacterium. Therefore, Mr. President, I move adoption of Senate Resolution 816 to recognize April the 24th as Texas Meningitis Awareness Day with the purpose of increasing public enlightenment on the disease and encouraging early vaccination to reduce its deadly effects. Mr. President, I move adoption at this time. And welcome our guest here on the floor.

LT. GOVERNOR DEWHURST: Thank you, Senator Lucio. Members, you've heard the motion by Senator Lucio, is there objection from any member? Chair hears no objection, and the resolution is adopted. The Chair recognizes Senator Ellis for a motion.

SENATOR ELLIS: Mr. President, I move to add all members' names to the previous resolution.

LT. GOVERNOR DEWHURST: Thank you. Members, you heard the motion by Senator Ellis. Is there objection from any member? The Chair hears no objection from any member, and the motion is adopted. Members, this is our last resolution then we'll be getting into bills. We've got -- this is our last resolution. We got a couple of introductions, and then we'll be getting into bills. We got about 29 -- we did about 25 yesterday over three hours. So, we got a lot today. And Senate finance needs to get back to work in a couple of hours. So this is the last resolution. Members, I'm going to ask you, if you would, to take your seats. It's a memorial resolution. If you would. The Chair lays out Senate Resolution No. 799 by Senator Davis, Senator Huffman and Senator Jackson. The secretary will read the resolution.

PATSY SPAW: Senate Resolution 799 in memory of Nicholas Terrell Williams of Sugarland who died on February 11th, 2011, at the age of 20 by Davis, Jackson and Huffman.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Davis to explain the resolution.

SENATOR DAVIS: Thank you, Mr. President. It's not at all accidental that today, the day that we proclaimed Bacterial Meningitis Awareness Day is the day we've chosen to honor the family of Nicholas Williams. I am so honored to have his family with us on the floor with us today. His father Greg, his mother Arlene and his sister Tiffany. We all met Jamie Schanbaum a moment ago, and we know that Jamie's life was forever changed and dramatically impacted by the contraction of this disease. Jamie, of course, is fortunate in a way that Niko's life was not. Niko's life was claimed by bacterial meningitis on February 11th, 2011. He was only 20 years old. Nico graduated from Kempner High School where he played the saxophone phone in the school band and enjoyed playing soccer. After high school he attended A&M University and he was so proud to be an Aggie. Today we passed a bill out of the Senator Zaffirini's higher education committee that honors Niko because that bill which hopefully will be soon on the floor and passing off of the floor of the Senate will require that students who attend our public university system, even if they don't live in the institution, in the dormitory, will now have to have a vaccine before they come and that vaccine would have saved Niko's life. And I say that because I want to make sure we understand that there's significance in the contribution that he made in a way we may never know if that bill passes into law, we may never know how many young people were saved as a consequence of that. Nico was a junior majoring in economics. He had his sights set on attending law school. He was active in many organizations on campus including volunteering with an organization called Car Pool where some students chose to be responsible drivers so their fellow students could enjoy themselves knowing that they would be driven safely home. Friends and family say there was no end to Niko's generosity and that he had a remarkable ability to make everyone around him feel special. And in keeping with the generosity that Niko displayed in his life, he continued that in his death. Niko's generosity has blessed the lives of five other individuals who received organ donations from him, and in that way, of course, he has not only saved the lives of five individuals but he lives on in a very significant way. Niko's family and other family members are here in the north gallery. If you all would please stand. Thank you so much for being with us this morning and for allowing us to honor your son, Mr. and Mrs. Williams and your brother, Tiffany. It's an honor to be a part of symbolizing who Niko was and hopefully in carrying on something of great meaning on his behalf as we go forward this session. We are so sorry for your loss. Thank you.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Huffman to speak on the resolution.

SENATOR HUFFMAN: Thank you, Mr. President. Senator Davis, I'd like to thank you on this very important issue that you've done on this, this session and last session. And I welcome the Williams family. I just wanted to say that, you know, I've heard from a lot of my constituents about your son and that doesn't always happen, but people just wanted to call and let me know what a special person he was and how important this issue was, so I wanted you to know that. And I wanted you to know that as we stand here today the thoughts and the prayers of all the senators are with you as you mourn the precious loss of your son. And, Mr. President, I would ask that all the senators' names be added to this resolution. Thank you so much for being here and for sharing your sad story with us but, it will make a difference. And thank you again, Senator Davis.

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

SENATOR DEUELL: Thank you, Mr. President, members. I want to emphasize as a physician the importance of immunizations and preventing bacterial meningitis. Within one generation in the 25 years since I've graduated from medical school, we have three vaccines now that have not entirely eliminated bacterial meningitis but make it a very, very rare occurrence in the community. One is the Ammophilous bacteria vaccine that we give children. Another is the Meningococcal vaccine that we're now requiring. And the others, the pneumococcal vaccine that we're giving which also prevents pneumonia. Just within one -- actually less than a life span of a generation, we have essentially eliminated those diseases from most of the population. If you both can look at -- I tell people sometimes who oppose vaccines and the mandating of a vaccine is to take a walk through an old cemetery and look at the number of children that are in those cemeteries. We lost half our baby crop a hundred years ago due to lack of immunizations, infectious diseases in childhood years. So this is a good time to mention this on Bacterial Meningitis Awareness Day, and I thank the two previous senators for their efforts in this regard.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Davis to close. Senator Jackson, did you wish to speak? Chair recognizes Senator Jackson.

SENATOR JACKSON: Thank you, Mr. President and members. I just wanted to thank Senator Davis on all of the work that are you have done on this issue over the years, and it's a very, very sad time to -- as rare as this happens, you see that it strikes some of our youngest, brightest, most vibrant people at a time of their life when they're really excelling and going forward in a time of their life. And it's just a heartbreaker when this kind of thing happens that Niko was really a remarkable student, a friend, a son, a brother. I just want to extend my sincerest condolences to the family. You have a beautiful family and your loss and hopefully with the work that is taking place as a result of this, we'll see an end to this one day in the future. Thank you.

LT. GOVERNOR DEWHURST: Thank you, Senator Jackson. Chair recognizes Senator Davis to close.

SENATOR DAVIS: Thank you, Mr. President. Thank you so much to my colleagues who rose and spoke in support of this family. And thank you to Senator Lucio for whom this issue has really been an incredibly important one and who has been an incredible partner as we worked on it. We grieve and pray for you and thank you again for being with us today. With that, Mr. President, I would move adoption of Senate Resolution 799.

LT. GOVERNOR DEWHURST: Thank you, Senator Davis. Members, you have heard the motion by Senator Davis. All those in favor, please rise. It being unanimous the motion is adopted. Members, Senator Huffman moves to add all the names of the Senate on this resolution. Is there objection from an member? Chair hears no objection, so ordered. The Chair recognizes Senator Hegar for an introduction.

SENATOR HEGAR: Thank you, Mr. President and members. Today we recognize K.R. Wood, Jeff Horny, Karen Jellison and Tim Von Dohlen in their achievement for documenting Texas history through song writing and film making. Tomorrow is the 175th anniversary of the winning of the battle of San Jacinto. And members, let us express our appreciation to Mr. Wood and Mr. Horny for all of their participation in making the Fathers of Texas Music series and documentary films based on it for helping countless Texans gain deep appreciation of the rich and diverse heritage. We appreciate all the work that you've done and thank you so much for being here. Thank you for your commitment and dedication to Texas and making sure that we preserve our rich heritage. Thank you very much.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Ellis for an introduction.

SENATOR ELLIS: Thank you, Mr. President and members. I want to recognize a very special young group of students (inaudible) program. For those of you who (inaudible), they teach students who are a part of this group as aspiring journalists. (Inaudible). Thank all future journalists in the business that we're in. Joining them today we have Jim Newkirk, who's an assistant editor of the Houston Chronicle and Cynthia Smith who's a Chronicle classroom teachers. Would you all stand? Members, will you please help me in welcoming these future journalists to the Senate today.

LT. GOVERNOR DEWHURST: Members, that concludes the morning call. The Chair recognizes Senator Deuell for a motion.

SENATOR DEUELL: Thank you, Mr. President. I want to bring up the nomination of Charles E. Chip Roy as director of the office of State and Federal Relations. He was confirmed by the committee several weeks ago, a constituent of Senator Shapiro.

LT. GOVERNOR DEWHURST: Thank you. Members, the question is on the confirmation of Charles E. Roy appointed to the office of State and Federal Relations. The secretary will call the roll.

LT. GOVERNOR DEWHURST: Members, there being 27 ayes and four nays, the nomination of Charles E. Roy is confirmed.

SENATOR DEUELL: Thank you.

LT. GOVERNOR DEWHURST: Thank you, Senator Deuell. The following report from the nominations committee. The Chair recognizes Senator Deuell to explain the report.

SENATOR DEUELL: Thank you, Mr. President and members. I move to confirm the nominees that are listed on the committee action report placed on your desk. These nominees were taken up at our Monday April 18th meeting.

LT. GOVERNOR DEWHURST: Thank you, Senator Deuell. Members, are there any motions to sever? There being no requests to sever, Senator Deuell moves that the nominees that are reported favorably from the nominations committee be confirmed. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, the nominees are confirmed.

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

LT. GOVERNOR DEWHURST: Members, if there's no objections, I'd like to postpone the reading and referral of bills and resolutions until the end of today's session. Is there objection from any member? Chair hears no objection, so ordered. Senator Seliger, are you ready on 1393? My thought, members, is to go to 2:00 or 2:30. We have got a lot to cover in order to let Senate finance back in. Chair recognizes Senator Seliger for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 1393.

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 1393. What 1393 does is addresses the fact that the Public Property Finance Act currently allows governmental entities to finance purchases of personal property but not real property. This uncertainty has caused the attorney general to turn away contracts by political subdivisions wishing to issue debt to pay for long-term electricity needs. This means that the political subdivision then has to go through a bond validation suit which can be prohibitively costly. Senate Bill 1393 would clarify that electricity purchased by a governmental body for its own needs meets the definition of a personal profit of a local government code. I move suspension.

LT. GOVERNOR DEWHURST: Thank you, Senator Seliger. Members, you heard the motion by Senator Seliger. Is there objection from any member? The Chair hears no objection, and the rule is suspended. Chair lays out on second reading Senate Bill 1393. The secretary will read the caption.

PATSY SPAW: Senate Bill 1393 relating to the use of contracts by local governments to purchase electricity.

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

SENATOR SELIGER: Mr. President, I move passage to engrossment of Senate Bill 1393.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Seliger. Is there objection from any member? Chair hears no objection, Senate Bill 1393 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. Members, you heard the motion by Senator Seliger. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage Senate Bill 1393. The secretary will read the caption.

PATSY SPAW: Senate Bill 1393 relating to the use of contracts used by local governments to purchase electricity.

SENATOR SELIGER: Mr. President, I move final --

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

SENATOR SELIGER: Thank you, Mr. President. I move final passage of Senate Bill 1393.

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

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay -- you're jumping the gun, overly optimistic, but there being 30 ayes and one nay, Senate Bill 1393 is finally passed.

SENATOR SELIGER: Thank you again.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Eltife for a motion to suspend the Senate's regular order of business -- but you're not going to jump the gun because you know the drill -- to suspend the regular order of business to take up and consider Senate Bill 1000.

SENATOR ELTIFE: Thank you, Mr. President and members. Members, I move to suspend the regular order of business to take up and consider Committee Substitute Senate Bill 1000. Senate Bill 1000 makes the Texas Real Estate Commission a self-directed semi independent agency. This would allow the agency to adopt its own budget and utilize revenue generated through licensing and regulatory fees to accomplish the agency's mission. Under the Committee Substitute of Senate Bill 1000, Texas Real Estate Commission would join seven other state agencies that currently have self-directed semi independent status. I move to suspend the Senate's regular or of business.

LT. GOVERNOR DEWHURST: Thank you, Senator Eltife. Members, you've heard the motion by Senator Eltife. Is there objection from any member? Chair hears no objection, and the rule is suspended. Chair lays out on second reading Committee Substitute to Senate Bill 1000. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1000 relating to self-directed and semi independent status of the Texas Real Estate Commission.

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

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

LT. GOVERNOR DEWHURST: Thank you. Members, you've heard the motion by Senator Eltife. Is there objection from any member? Chair hears no objection, and Committee Substitute to Senate Bill 1000 passes to engrossment. Chair lays out on third -- Chair recognizes Senator Eltife for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR ELTIFE: So moved, Mr. President.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1000. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1000 relating to self-directed and semi independent status of the Texas Real Estate Commission.

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

SENATOR ELTIFE: Mr. President, I move passage.

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

LT. GOVERNOR DEWHURST: There being 31 ayes, no nays, Committee Substitute to Senate Bill 1000 is finally passed.

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

LT. GOVERNOR DEWHURST: 1353.

SENATOR ELTIFE: Yes, sir. Mr. President.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Eltife to suspend the regular order of business to take up and consider Senate Bill 1353.

SENATOR ELTIFE: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider Senate Bill 1353. Senate Bill 1353 exempts real estate licensees including real estate brokers and salespersons from the Deceptive Trade Practices Act. In '95 the legislature amended the DTPA to exclude professional services such as physicians, lawyers, pharmacists and real estate license when they were offering judgments, opinions, advice or other similar professional skills. Despite the enactment of the DTPA, professional services commission, it has not been applied to real estate licensees who are forced to defend against frivolous claims the legislature intended to prevent. Senate Bill 1353 passed out of business and commerce, and the stakeholders continued to work on a compromise. I will have a floor amendment that reflects that compromise. It ensures that real estate licensees are not exempt from the DTPA in certain circumstances. Specifically for misrepresenting material facts, for failure to disclose or for committing in an unconscionable act that cannot be characterized as advice, judgment or opinion under the DTPA. Mr. President and members, I move to suspend the Senate's regular order of business.

LT. GOVERNOR DEWHURST: Thank you, Senator Eltife. Members, you've heard the motion by Senator Eltife. Is there objection from any member? Chair hears no objection, and the rule is suspended. Chair lays out on second reading Senate Bill 1353. The secretary will read the caption.

PATSY SPAW: Senate Bill 1353 relating to certain claims against personal licenses as real estate brokers and salespersons.

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

PATSY SPAW: Floor Amendment No. 1 by Eltife.

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

SENATOR ELTIFE: Thank you. This is the Floor Amendment I mentioned in my introduction of this bill, and I move adoption.

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

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

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Eltife. Is there objection from any member? Chair hears no objection, Senate Bill 1353 as amended passes to engrossment. Chair recognizes Senator Eltife for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR ELTIFE: So moved, Mr. President.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage Senate Bill 1353 as amended. The secretary will read the caption.

PATSY SPAW: Senate Bill 1353 relating to certain claims against certain persons, real estate license or brokers.

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

SENATOR ELTIFE: Thank you, Mr. President. I move final passage of SB1353.

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

LT. GOVERNOR DEWHURST: There being 31 ayes, no nays, Senate Bill 1353 is finally passed.

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

LT. GOVERNOR DEWHURST: Chair recognizes Senator Nichols for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 1378.

SENATOR NICHOLS: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider Senate Bill 1378. Members, this is a local bill. The Alabama Coushatta Indian tribe of Texas has occupied parts of east Texas since the late 1700s. They were given a current land by governor Sam Houston in 1839, became a federally recognized tribe by the Bureau of Indian Affairs in 1987. Indian reservation is located in Polk and Tyler Counties in east Texas, just under 10,000 acres and it's home to over 500 members of the tribe. This reservation has recreational camp sites that host over 200,000 visitors annually. Senate Bill 1378 would allow the tribe to employ and commission licensed peace officers, allowing them to patrol and enforce state criminal laws on reservation lands only unless summoned by a local law enforcement agency for additional help. All tribal police officers would be required to meet all standards for certification set by the Texas Commission of Law Enforcement officer standards. This bill follows the same standards and procedures for establishing a police force for other governmental entities such as colleges, hospitals and school districts. The tribe has agreed to pay for all the training expenses required to become licensed, and their officers will not have access to the state police officer retirement system. Furthermore, this bill would enhance an already positive relationship between the tribe and local governing bodies and law enforcement agencies. The Polk and Tyler county commissioners courts have passed resolutions in support of this legislation. The bill has also received support from the Polk County and Tyler County sheriffs. Additionally the tribe, along with my office has worked closely with the Bureau of Indian Affairs and the Texas Commission on Law Enforcement officer standards in developing this legislation. With that, I move suspension of the Senate's regular order of business.

LT. GOVERNOR DEWHURST: Thank you, Senator Nichols. Members, you heard the motion by Senator Nichols. Is there objection from any member? Chair hears no objection, and the rule is suspended. The Chair lays out on second reading Senate Bill 1378. The secretary will read the caption.

PATSY SPAW: Senate Bill 1378 relating to the authority of the Alabama Coushatta Indian tribe to commission peace officers.

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

SENATOR NICHOLS: Mr. President and members, I move passage of Senate Bill 1378 to engrossment.

LT. GOVERNOR DEWHURST: Members, you hard the motion by Senator Nichols. Is there objection from any member? The Chair hears no objection from any member, Senate Bill 1378 passes to engrossment. Chair recognizes Senator Nichols for a motion to suspended the constitutional rule that bills be read on three several days.

SENATOR NICHOLS: Mr. President and members, 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 Nichols. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage Senate Bill 1378. The secretary will read the caption.

PATSY SPAW: Senate Bill 1378 relating to the authority of the Alabama Coushatta Indian tribe to commission peace officers.

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

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

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

LT. GOVERNOR DEWHURST: There being 31 ayes, no nays, Senate Bill 1378 is finally passed.

SENATOR NICHOLS: Thank you, Mr. President and members. I'd also like to point out that the tribal members in the council are hear on the east south side. Would y'all stand up please? They were really excited about this, thank you.

LT. GOVERNOR DEWHURST: Thank you, Senator. Chair recognizes Senator Nelson for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 220.

SENATOR NELSON: Thank you, Mr. President. And I do move to suspend the regular order of business to the Committee Substitute Senate Bill 220. The goal of Senate Bill 220 is to increase protections of wards in guardianship and make it easier for families to navigate the guardianship system. The Committee Substitute for Senate Bill 220 clarifies that wards and proposed wards may hire an attorney as long as they have the capacity to contract. It requires courts to inform family members of their right to be notified of all actions relating to a guardianship. It clarifies that when a guardian is removed, family members can apply to serve as the ward's guardian. It encourages the use of volunteers to assist with the state's guardian services program, and it directs agencies involved with this program to streamline their guardianship procedures. Members, these provisions stem from the unanimous interim reports recommendations of the health and human services committee. Mr. President, I move suspension.

LT. GOVERNOR DEWHURST: Thank you, Senator Nelson. Members, you heard the motion by Senator Nelson. Is there objection from any member? Chair hears no objection, and the rule is suspended. Chair lays out on second reading Committee Substitute to Senate Bill 220. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 220 relating to guardianships.

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

SENATOR NELSON: Mr. President, I move passage to engrossment of Senate Bill 220.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Nelson. Is there objection from any member? Chair hears no objection from any member, and Committee Substitute to Senate Bill 220 passes to engrossment. Chair recognizes Senator Nelson for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR NELSON: Yes, sir, I do move to suspend the constitutional rule that bills be read on three several days.

LT. GOVERNOR DEWHURST: You heard the motion by Senator Nelson. The secretary will call the roll.

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute to Senate Bill 220. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 220 relating to guardianships.

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

SENATOR NELSON: Mr. President, I move final passage of Committee Substitute to Senate Bill 220.

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

LT. GOVERNOR DEWHURST: There being 31 ayes, no nays, Committee Substitute to Senate Bill 220 is finally passed.

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

LT. GOVERNOR DEWHURST: Chair recognizes Senator Watson for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 1331.

SENATOR WATSON: Thank you, Mr. President. Members, I move to suspend the Senate's regular order of business to take up and consider at this time Senate Bill 1331 known as the 911 lifeline bill which provides limited immunity for minors who call for help during an emergency situation involving a potential alcohol overdose. I move suspension of the rules.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Watson. Is there objection from any member? Chair hears no objection, and the rule is suspended. Chair lays out on second reading Senate Bill 1331. The secretary will read the caption.

PATSY SPAW: Senate Bill 1331 relating to criminal offenses regarding the consumption or possession of an alcoholic beverage by a minor.

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

SENATOR WATSON: Thank you, Mr. President. I move passage of Senate Bill 1331 to engrossment.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Watson. Is there objection from any member? Chair hears no objection from any member, and Senate Bill 1331 passes to engrossment. Chair recognizes Senator Watson for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR WATSON: So moved, Mr. President.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage Senate Bill 1331. The secretary will read the caption.

PATSY SPAW: Senate Bill 1331 relating to criminal offenses regarding the possession or consumption of alcoholic beverage by a minor.

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

SENATOR WATSON: Mr. President, I move final passage of Senate Bill 1331.

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

LT. GOVERNOR DEWHURST: There being 31 ayes, no nays, Senate Bill 1331 is finally passed.

SENATOR WATSON: Thank you very much, Mr. President. And thank you, members.

LT. GOVERNOR DEWHURST: And thank you for bringing this to us, and I'm sorry about your loss. Thank you. Chair recognizes Senator Hinojosa for a motion to suspend the Senate's regular order business to take up and consider Committee Substitute to Senate Bill 660.

SENATOR HINOJOSA: Thank you, Mr. President. Thank you, Mr. President and members. This is the sunset bill dealing with the Texas Water Development Board. To address the state water needs, the board provides loans and grants to state and federal programs, to Texas communities for water and water -- waste water projects, supports the development original water plans and prepares the state water plan. It also collects a license water related data. The sunset commission made several recommendations that are in the bill. No. 1, it strengthens the process for developing desired future conditions for aquifers in terms of the public policy -- excuse me, strengthens the public requirement for joint public meetings in water management areas and adoption of the future conditions of aquifers. It also requires the groundwater area to -- or criteria to be considered in adopting the desired future conditions (inaudible). It also requires the board to determine reasonableness desired future conditions. I would also tell you that in better alliance the process for the development of the future desired conditions of the water development process, it requires the board to evaluate the state's progress admitting its water needs as part of the state water plant. It also requires the board and TCEQ to consult with each other and develop a uniform detail gallon per capita data in the requirements. I will have two Floor Amendments. Mr. President, if there are no questions, I move suspension of the regular order of business.

LT. GOVERNOR DEWHURST: Thank you, Senator Hinojosa. Members, you heard the motion by Senator Hinojosa. Is there objection from any member? Chair hears no objection from any member, and the rule is suspended. Excuse me. Senator Van de Putte, did you wish to speak? All right. Well, let me wait to engrossment if you want to ask a question. The Chair lays out on second reading Committee Substitute to Senate Bill 660. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 660 relating to review and functions of the Texas Water Development Board.

LT. GOVERNOR DEWHURST: Senator Van de Putte, for what purpose do you rise? Will Senator Hinojosa yield to Senator Van de Putte for a question?

SENATOR HINOJOSA: I yield, Mr. President.

SENATOR VAN DE PUTTE: Thank you, Mr. President. And thank you, Senator Hinojosa. I have some specific questions with regard to the desired future conditions of the DFC in the sunset. It was my understanding during sunset that the staff report recommended a different appeals process, but that was removed from this during the sunset in the bill. Can you explain to me what the appeal is or there no appeals with regard to DFC?

SENATOR HINOJOSA: Yes, there is. What it was is the process that we had on statute was very inefficient and didn't include all the stakeholders and the appeals we made to the Water Development Board for many of the decisions we made concerning the desired future conditions. And what we did in the bill itself is we provided a much broader stakeholder situation where all the stakeholders could participate in the process, from the water districts to the -- to what I call the groundwater management area. So anybody there that had a stake in the interest of water preservation or water use would be able to participate. The water districts would meet in the general water -- or general under water management area and there they would all discuss what the needs were, what the desired future conditions were, go back to the water district, water district would then have another conversation, full hearing, then go back to the groundwater district to have and meet and develop a consensus among all the stakeholders in the -- in what I call the groundwater managed area and go back again to the water district where they would make a decision on the desired future conditions.

SENATOR VAN DE PUTTE: And I understand --

SENATOR HINOJOSA: It's the point of detail process and the reason for that, as you well know, when it comes to water, there's a lot of controversy, a lot of parties out there --

SENATOR VAN DE PUTTE: Well, and Senator, let me tell you I think, coming from San Antonio, we've just dealt with these issues for the last 30 years with the Edwards. But my question has to deal with currently a stakeholder can challenge the DFC, the desired future conditions, based on reasonableness.

SENATOR HINOJOSA: Correct.

SENATOR VAN DE PUTTE: But your bill strikes the entire language of reasonableness from -- so, is it the intent that the stakeholders no longer have to challenge on whether these recommendations are reasonable, since the word "reasonable" is -- what are they going to be able to challenge on?

SENATOR HINOJOSA: The rule process use. What happens is that right now when you get all the stakeholders together from the different water conservation districts, the general water, groundwater management area they have to get all the desired future conditions for their water districts individually. At that point to decide to make a decision that each two-thirds vote of the members as to what those desired future conditions would be and they go back to the water district and they have a full blown hearing with proper notice. At that time, at some point, they have to make a decision on whether the desired future conditions will be for the water district itself and adopt that by rule. Keep in mind that when all the stakeholders and the majority have decided that this is the desired future condition we want, then the only thing they can challenge up by rule is the way it's set up in the sunset bill, but you cannot challenge the reasonableness of a decision.

SENATOR VAN DE PUTTE: Okay. Well, let me ask you, because I know that your bill allows for a district's adoption of the DFC to be appealed in district court under the rule making standard, but does that section then require the districts to only challenge in the district court? Is it -- in other words, is it your intent that the challenge is only intended to be about whether the district followed the right procedure of notice or posting? Is it at that point that they can only appeal on the process since you have taken "reasonable" out?

SENATOR HINOJOSA: Correct.

SENATOR VAN DE PUTTE: So it's only about the process?

SENATOR HINOJOSA: Correct.

SENATOR VAN DE PUTTE: Well, Senator, I know that you have worked hard on this, I know -- and Senator Uresti may have some other questions, we just wanted some clarification on the reasonableness. And now we're going to district court but it's only on process, can't challenge the reasonableness. And I thank you for your questions. Thank you for your work on this bill.

SENATOR HINOJOSA: Yeah. And one of the reasons for that, Senator, it's very difficult to get a consensus. So when you get a consensus, you adopt it by rule. We don't want to reopen again the whole fight in district court. So we want to make sure if the majority by two-thirds rule vote to what the desired future conditions are, then all of a sudden you're not happy with that, you're going to go to district court and you have the district judge in the region decide on what two-thirds of the water stakeholders decided, it seems to me we just end up having a convoluted process. But I will tell you this, you know, we haven't worked out all the details on the desired future conditions for the simple reason that there still is legislation pending, and we're leaving this here because it's not on the water bill on the House side, so we'll be able to either work things out, continue to negotiate and talk about this issue and I think there are also two separate bills that Senator Hegar and Senator Duncan are working on to try to make and reach a consensus among all the stakeholders as to what process to use as to what will be fair.

SENATOR VAN DE PUTTE: I thank you for your answers and I thank you for your commitment for ongoing discussion about this and particularly with the other legislation. I don't have any other further questions, but I think some of my colleagues might. Thank you, Senator.

SENATOR HINOJOSA: Thank you.

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

SENATOR HEGAR: Just to ask Senator Hinojosa a few questions.

LT. GOVERNOR DEWHURST: Will Senator Hinojosa yield?

SENATOR HINOJOSA: I yield.

SENATOR HEGAR: Senator Hinojosa, on Senator Van de Putte's question, the reasonableness standard that sits in place today is really at the Water Development Board and the Water Development Board is not really necessarily set up to try to figure out a process. I mean, really what they do is grant grants, they're a granting organization of grants and then also for water modeling. But the sunset staff had recommended to move that over to TCEQ, did they not?

SENATOR HINOJOSA: That's correct.

SENATOR HEGAR: And then one of the things in the hearing process and then ultimately in the decision making under the current process, you can have a reasonableness challenge to a district's rules at Water Development Board, however it just stops. Nothing happens after that so it really has no significant meaningful purpose under the current law today.

SENATOR HINOJOSA: It's really a waste of time and resources, and there's no end to get a decisive decision on the reasonableness of the issue before the water board. And if we change that, at least it will get two-thirds of the stakeholders to agree to what they want --

SENATOR HEGAR: One of the things we have been trying to work on, at least with the stakeholders in this process, in the legislation that myself and Senator Duncan have been working on, that we'll have a hearing on next week in natural resources is, is there somewhere in between that you -- under the current -- under the bill you can challenge to a district court or you can petition to TCEQ as far as process, but if you want to challenge the reasonableness of a district's rules, one of the problem is do you really want to have a district court or anybody, if you go through this long process that you mentioned, the groundwater management area and then down to the district level to come up with rules, then do you really want a district really deciding what the rules should be? That seems problematic.

SENATOR HINOJOSA: Well, it is a problem for a simple reason that if you have a region that's challenging the desired future conditions, you go to a local district court, of course, they're going to favor the locals on the issue before them. And then you have a district judge who may or may not have the expertise to deal with water conditions and that's the issue we're trying to resolve and we haven't done or resolved that to the satisfaction of all the parties involved.

SENATOR HEGAR: But my commitment is if we can find something in between the two, there should be a release valve for people to potentially challenge what the rules are whether they're really reasonable. But the question is how do we get in between the two because the current system isn't working. But hopefully, as we move through the process and the separate legislation, we can actually get there and get everybody on board to make sure that we have a real clear definitive process that's really fair for everybody. That's my commitment to everyone.

SENATOR HINOJOSA: And one of the things as we move forward the process that's being suggested by the sunset bill is a process that allows all the stakeholders within a groundwater management area to have a say so and can also have advisory committees from the Water Development Board providing them guidance, at the same time it's not the majority vote, it's by two-thirds vote that they decide what those future conditions should be and then it goes back to the water district. The water district, they have a full blown hearing. You know, so it's a very detailed process where, proper notice, where we have everybody participate and for their vote. Now, what's going to happen is we all end up going to the district court to challenge the reasonableness of the decision making. Well, that means that you're probably overturned a two-thirds vote and we're back at square one. So trying to find a balance has not been easy, but that's why we're trying to keep this part of the bill open.

SENATOR HEGAR: I think we can get there. I have faith that we're going to get there at the end of the day where we have everybody agreeing to a process that will work through the entire thing. So thank you, Senator Hinojosa, for all your work. Thank you very much.

SENATOR HINOJOSA: Thank you.

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

SENATOR URESTI: To ask Senator Hinojosa a few questions.

LT. GOVERNOR DEWHURST: Will Senator Hinojosa yield?

SENATOR HINOJOSA: I yield.

SENATOR URESTI: Thank you, Senator Hinojosa. And thank you for your hard work. I know Senator Hegar and you have worked on this bill for quite some time. And speaking on behalf of the city of San Antonio and SAWS, San Antonio Water System, specifically I know they've been a part of the stakeholders meetings that y'all have been holding and they do appreciate that. But, as you know, there are some concerns to follow on the line of questioning that Senator Van de Putte had, there are concerns about the specific word "reasonableness" being taken out. And in my discussions earlier with Senator Hegar, we talked about if there's a way to define what reasonableness is. And I understand that can be very arbitrary and very broad, but because of that you think of suggestions as we move this along to this bill would be to perhaps come up with some criteria that defines reasonableness. Is that something y'all are considering or would consider?

SENATOR HINOJOSA: Well, that's what Senator Hegar and Senator Duncan will be working on with the different stakeholders, trying to find a medium so that we won't stand up the process that continues in this litigation. And try to at least get the vast majority of stakeholders to agree. But there continues to be an issue, Senator Uresti, the reasonableness. Because right now the way the bill is written that's not included. It deals only with whether or not the proper process by rule was followed in adopting the desired future conditions.

SENATOR URESTI: Well, and the way I understand it, you can appeal whether or not the process has been applied properly or followed properly, whether or not that was reasonable or not, but whether or not the decision that groundwater district reaches, whether, if that was reasonable or not cannot be appealed; is that correct?

SENATOR HINOJOSA: That's correct. And the procedure we tried to set up those decisions to be made by the management area, groundwater management area where all the stakeholders would decide after the two-thirds rule after the process in a very detailed manner. And I guess if somebody's unhappy about it under the way the statute reads right now, they would just have to challenge the process in terms of the way the rule was adopted but not the reasonableness.

SENATOR URESTI: So the concern I have is that if we don't define reasonableness, then the groundwater districts won't know -- I mean, maybe there will be standards, thresholds, criteria that every groundwater district is applying and, of course, they will not be uniform necessarily. And the end result may be arbitrary. And that's why I know the bill's going to move forward, and I would simply suggest to you and Senator Hegar and others that we look at that issue to see how we can address it and perhaps come up with some other criteria.

SENATOR HINOJOSA: And we'll continue to work on the wording for this particular part of the bill because it's been a very contentious issue as to how to get a general agreement as to how we'll see the different water stakeholders and we try to define the desired future conditions.

SENATOR URESTI: Thank you, Senator Hinojosa.

SENATOR HINOJOSA: Thank you.

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

SENATOR WENTWORTH: To ask Senator Hinojosa a couple of questions.

LT. GOVERNOR DEWHURST: Will Senator Hinojosa yield?

SENATOR HINOJOSA: I yield.

SENATOR WENTWORTH: Senator Hinojosa, I have the same concerns that Senator Van de Putte and Senator Uresti expressed because we all represent Bexar County and the San Antonio area. My understanding is that the House committee has language that's a little different and that Senator Hegar has a standalone bill that would address this issue. I'm hopeful that you all can work in conference to come up with language that will address these concerns about reasonableness. What do you think about this going to TCEQ and then having the ability to go to the state office of administrative hearings rather than to district court?

SENATOR HINOJOSA: Well, that is one of the options we've been discussing, about using SOA in the process. But, Senator Wentworth, I will tell you that this issue is still open, still under discussion, not only as the sunset bill but in terms of the separate legislation, federal legislation that Senator Duncan and Senator Hegar are working on and I know for a fact that I've been meeting with the different groups and water stakeholders in trying to come up with an agreement or language. So this is not a closed issue.

SENATOR WENTWORTH: Glad to hear that. Thank you very much, Senator.

SENATOR HINOJOSA: Yes, sir.

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

PATSY SPAW: Floor Amendment No. 1 by Hinojosa.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Hinojosa to explain Floor Amendment No. 1. Has this been passed out? It has been passed out? I'm advised it has been passed out earlier. Chair recognizes Senator Hinojosa.

SENATOR HINOJOSA: Thank you, Mr. President and members. This amendment allows the Water Development Board to get help from the attorney general's office in securing payment from the

(inaudible) when a default is anticipated. It also gives the board the option of receivership for the purpose of forcing water (inaudible) obligation. It really provides the Water Development Board a lot more authority and a complete set of judicial remedies to better protect the state's investment in this water supply corporations. If there are no questions, I will move adoption.

LT. GOVERNOR DEWHURST: Thank you, Senator Hinojosa. Members, you have heard the motion by Senator Hinojosa. Senator Hinojosa moves the adoption of Floor Amendment No. 1. Is there objection from any member? Chair hears no objection and Floor Amendment No. 1 is adopted. Chair lays out Floor Amendment No. 2 by Senator Hinojosa. Secretary will read the amendment.

PATSY SPAW: Floor Amendment No. 2 by Hinojosa.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Hinojosa to explain Floor Amendment No. 2.

SENATOR HINOJOSA: Thank you, Mr. President and members. This amendment clarifies the bond issuance language already in the bill. I worked with Chairman Ogden's staff and Laurie from the attorney general's staff and general counsel for the Water Development Board to draft this clarification. It codifies current practices for how the executive administrator of the Water Development Board certifies for the bond review board -- bonds of either self-sustain or general revenue backed bonds and the difference is that as important in terms of the type of bonds that are issued by the Water Development Board that are assessed with retaining will count on the constitutional limit. And again this is a clarification and I would move adoption.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members you have heard the motion by Senator Hinojosa moves adoption of Floor Amendment No. 2. Is there objection from any member? Chair hears no objection from any member and Floor Amendment No. 2 is adopted. Chair recognizes Senator Hinojosa for a motion.

SENATOR HINOJOSA: Mr. President and members, I move passage to engrossment.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Hinojosa. Is there objection from any member? Chair hears no objection, and Committee Substitute to Senate Bill 660 as amended passes to engrossment. The Chair recognizes Senator Hinojosa for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR HINOJOSA: Mr. President and members, I move to suspend the three day rule.

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

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 660. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 660 relating to the review and functions of a Texas Water Development Board.

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

SENATOR HINOJOSA: Mr. President and members, I move the Committee Substitute Senate Bill 660 as amended final passage.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay Committee Substitute to Senate Bill 660 as amended is finally passed. Congratulations.

SENATOR HINOJOSA: Thank you, Mr. President and members and sunset commission.

LT. GOVERNOR DEWHURST: 1216. The Chair recognizes Senator Estes for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 1216.

SENATOR ESTES: Thank you, Mr. President and members. Member, this is Senate Bill 1216, came out of the state affairs unopposed nine to zero, and basically this bill is intended to ensure that people who claim they were tricked or forced into signing a family law contract containing an arbitration agreement get a fair hearing before a neutral judge. And I'll have an amendment that will explain when we lay that amendment out that's from the Texas Family Law Foundation. And so with that, Mr. President, I move to suspend the Senate's regular order of business to take up and consider Senate Bill 1216. That's right, Mr. President, I move to suspend the regular order of business.

LT. GOVERNOR DEWHURST: Pardon me, Senator Estes. I was trying to work, and I appreciate your patience. Thank you, you're a gentleman. Members, you heard the motion by Senator Estes who moves suspension of the Senate's regular order of business. 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 1216. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1216 relating to determination of validity and forcibility of a contract containing arbitration agreement and suits for dissolution of marriage.

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

PATSY SPAW: Floor Amendment No. 1 by Estes.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Estes to explain Floor Amendment 1.

SENATOR ESTES: Thank you, Mr. President. This amendment is brought to me by the Texas Family Law Foundation, and it's to fix potential issues with the bill that could have been created with agreements that have already been reviewed by a court. It's a good amendment.

LT. GOVERNOR DEWHURST: Well, I assume that, otherwise you wouldn't have proposed it, Senator Estes. Members, Senator Estes moves adoption of Floor Amendment No. 1. Is there objection from any member? The Chair hears no objection --

SENATOR WEST: Mr. President.

LT. GOVERNOR DEWHURST: Excuse me, I didn't see you rise. What is this -- Senator West, for what purpose do you rise?

SENATOR WEST: Just a question of the author.

LT. GOVERNOR DEWHURST: Will Senator Estes yield?

SENATOR ESTES: I yield.

SENATOR WEST: What did this amendment do again?

SENATOR ESTES: This amendment was brought to me by the Family Law Foundation and what it does it creates a new subsection in each section that lists different types of language the bill will not affect. The common link between these are that these are agreements where the court -- where the court is involved in the case at the time they are negotiated. Therefore has oversight of the final product.

SENATOR WEST: I think it's okay.

SENATOR ESTES: Thank you. Thank you, Senator. Move adoption.

LT. GOVERNOR DEWHURST: Senator West is good on this? Okay, great. Senator Estes moves the adoption of Floor Amendment No. 1. Is there objection from any member? Chair hears no objection from any member and Floor Amendment No. 1 is adopted. Chair recognizes Senator Estes for a motion.

SENATOR ESTES: Mr. President, I move passage to engrossment of Committee Substitute Senate Bill 1216.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Estes. Is there objection from any member? Chair hears no objection from any member and Committee Substitute to Senate Bill 1216 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: At the request of Senator West, I'd like to hold this for just a moment as he checks out this amendment. Would that be -- is this a place where we can hold it?

LT. GOVERNOR DEWHURST: How long are you going to need? Senator Rodriguez, are you ready on 1766? Perfect. Chair recognizes Senator Rodriguez for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 1766.

SENATOR RODRIGUEZ: Thank you, Mr. President. Mr. President and members, Committee Substitute to Senate Bill 1766 will update the Texas code of military justice to comply with changes made to the Federal Uniform Code of Military Justice. Military law exists separately from civilian law. The uniform code of military justice was enacted by Congress in 1950 to establish a standard set of procedural and substantive criminal laws for the U.S. military forces. However, Texas military forces which include the Texas National Guard, the Texas Air National Guard and the Texas State Guard do not fall under the uniform code of military justice unless a soldier or airman is on federal active duty. The Texas code of military justice is a state law specific to the state military forces and has not been updated since 1991. As changes in updates to the uniform military code occur, changes to state law, the Texas code of military justice must occur as well. The uniform code of military justice has been updated, and this legislation will change the Texas code in order to comply with those changes. Committee Substitute to Senate Bill 1766 will synchronize federal and state versions of military law including updating punishment levels, simplifying and clarifying definitions in the code and making changes to nonjudicial punishment. Mr. President and members, I move that we suspend the regular order of business and all necessary rules in order to take up and consider Committee Substitute to Senate Bill 1766 at this time.

LT. GOVERNOR DEWHURST: Thank you, Senator Rodriguez. Members, you heard the motion by Senator Rodriguez. Is there objection from any member? Chair hears no objection, rule is suspended. Chair lays out on second reading Committee Substitute to Senate Bill 1766. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1766 relating to the Texas code of military justice.

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

SENATOR RODRIGUEZ: Mr. President and members, I move passage of Committee Substitute Senate Bill 1766 to engrossment.

LT. GOVERNOR DEWHURST: Members, you've heard the motion by Senator Rodriguez. Is there objection from any member? Chair hears no objection, and me substitute to Senate Bill 1766 passes to engrossment. Chair recognizes Senator Rodriguez for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR RODRIGUEZ: Mr. President, members, I move to suspend the constitutional rule that bills be read on three several days so that the Senate can take up and consider the Committee Substitute to Senate Bill 1766 on third reading and final passage.

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

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 1766. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1766 relating to the Texas code of military justice.

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

SENATOR RODRIGUEZ: Mr. President and members, I move final passage of Committee Substitute to Senate Bill 1766.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, Committee Substitute to Senate Bill 1766 is finally passed.

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

LT. GOVERNOR DEWHURST: Thank you, Senator. You may not have heard, but I announced that it passed.

SENATOR RODRIGUEZ: I did not hear. Thank you.

LT. GOVERNOR DEWHURST: That Committee Substitute to Senate Bill 1766 is finally passed. Thank you, sir.

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

LT. GOVERNOR DEWHURST: Chair recognizes Senator West for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 1368.

SENATOR WEST: Thank you very much, Mr. President. At this time I move to suspend the Senate's regular order of business to take up and consider at this time Committee Substitute Senate Bill 1368. Members, this year the Senate was charged with IGR with finding ways to address the inability of individuals to access federal disaster funds after Hurricanes Rita, Dolly, and Ike. The Committee Substitute to this Senate Bill implements one of the committee's recommendation. One of the reasons why many individuals cannot obtain disaster assistance was because of federal requirements to approve fee simple requirement to receives funds. Unfortunately individuals who would otherwise have been eligible for federal assistance were prevented from doing so because they did not have a sole interest in the property in question. Senate Bill 1368 Committee Substitute addresses this problem by giving co-owners the ability to act as an attorney in purpose as receiving assistance or funds to improve the property. Essentially this bill gives someone with a partial interest in the property the ability to make repairs. The language in the Senate Bill does the following. An individual would have to do to be qualified, would have to occupy and pay taxes on the property for at least five years, have a homestead exemption and provide affidavits from other individuals affirming that these facts are true and correct. So members this is a way to address this particular issue. I move suspension of the regular order of business.

LT. GOVERNOR DEWHURST: Thank you, Senator West, and I think that will be -- I think it's a good bill. Members, you heard the motion by Senator West. 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 1368. Secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1368 relating to the authority of a co-owner of residential property to incumber the property.

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

SENATOR WEST: Mr. President, I move passage to engrossment to Committee Substitute Senate Bill 1368.

LT. GOVERNOR DEWHURST: Thank you, Senator West. Members, you've heard the motion by Senator West. Is there objection from any member? Chair hears no objection from any member and Committee Substitute to Senate Bill 1368 passes to engrossment. Chair recognizes Senator West for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR WEST: So moved, Mr. President.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1368. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1368 relating to authority of a co-owner of residential property to incumber the property.

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

SENATOR WEST: Senator Williams, on behalf of many of your constituents that were faced with this problem, I move final passage of Committee Substitute to Senate Bill 1368.

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

LT. GOVERNOR DEWHURST: There being 31 ayes, no nays, Committee Substitute to Senate Bill 1368 is finally passed. Chair recognizes Senator Nelson for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 434.

SENATOR NELSON: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider the Committee Substitute to Senate Bill 434. Senate Bill 434 seeks to protect children living in a home where family violence is occurring. Specifically it creates the task force to address the relationship between domestic violence and child abuse. It establishes guidelines for membership including representatives of the Health and Human Services Commission, the Department of Family and Protective Services and experts from the child abuse, domestic violence and sexual assault advocacy communities and it requires the task force to develop the best -- develop best practices and to issue policy recommendation to the legislature. This legislation is needed to ensure our state policies keep children safe while being sensitive to the parental rights of family violence victims. Mr. President, I move suspension.

SENATOR ELTIFE: Senator Nelson has moved to suspend the regular order of business to take up and consider Committee Substitute SB434. Members, is there objection? Chair hears none, rule is suspended. Chair lays out on second reading Committee Substitute SB434. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 434 relating to the establishment of a task force to address the relationship between domestic violence and child abuse.

SENATOR ELTIFE: Senator Nelson is recognized for a motion.

SENATOR NELSON: I move passage of Committee Substitute to Senate Bill 435 to engrossment -- 434, I'm sorry.

SENATOR ELTIFE: Senator Nelson now moves Committee Substitute SB434 passage to engrossment. Is there objection? Chair hears none, SB434 is passed to engrossment. Senator Nelson is now recognized for a motion to suspend the constitutional three day rule.

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

SENATOR ELTIFE: Secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, Committee Substitute SB434, the rules have been suspended. The Chair lays out on third reading and final passage Committee Substitute SB434. The secretary will read the caption.

PATSY SPAW: Relating to the establishment of a task force to address the relationship between domestic violence and child abuse and neglect.

SENATOR ELTIFE: Senator Nelson is recognized for a motion.

SENATOR NELSON: Mr. President, I move final passage of Committee Substitute to Senate Bill 434.

SENATOR ELTIFE: Senator Nelson moves final passage of Committee Substitute SB434. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, no nays Committee Substitute SB434 is finally passed. Congratulations. Senator Nelson.

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

SENATOR ELTIFE: Senator Carona is recognized for a motion to suspend the regular order of business on Committee Substitute SB1434.

SENATOR CARONA: Thank you, Mr. President and members. As the overall budget of energy efficiency programs run by electric utilities continues to increase, the percentage of money actually spent or targeted for low income energy efficiency programs have been decreasing steadily. What this bill would do is amend the utilities code for changing the formula for targeted low income programs from the base floor of 2003, which at the time had a number of hard to achieve programs to a formula of 10 percent of utilities overall energy efficiency budget. The bill also limits the percent budget portion to those low income energy efficiency programs that can actually be verified. I move to suspend the Senate's regular order of business.

SENATOR ELTIFE: Senator Carona moves suspension of the regular order of business to take up and consider Committee Substitute SB1434. Is there objection? Chair hears none, rule is suspended. Chair lays out on second reading Committee Substitute SB1434. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1434 relating to certain low income weatherization programs.

SENATOR ELTIFE: Senator Carona is recognized for a motion.

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

SENATOR ELTIFE: Senator Carona moves passage to engrossment is there objection? Chair hears none, Committee Substitute SB1434 is passed to engrossment. Senator Carona is recognized for a motion to suspend the constitutional three day rule.

SENATOR CARONA: So moved, Mr. President.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 29 ayes, two nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1434. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1434 relating to the certain low income weatherization programs.

SENATOR ELTIFE: Senator Carona is recognized for a motion.

SENATOR CARONA: I move final passage.

SENATOR ELTIFE: Senator Carona moves final passage of Committee Substitute to SB1434. The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, Committee Substitute to SB1434 is finally passed. Congratulations, Senator Carona. Senator Gallegos is recognized for a motion to suspend the regular order of business on Committee Substitute SB208.

SENATOR GALLEGOS: Thank you, Mr. President. I move to suspend the Senate's regular order of business in order to take up and consider the Committee Substitute to Senate Bill 208. Members, Senate Bill 208 passed unanimously out of the Senate education committee and it adds permissive language only that school districts may hold one or more public forums during a 30 day

(inaudible) period and at this forum, the community will have an opportunity to ask questions of the finalist or finalist of the superintendent. If a school district does decide to hold a public forum, the school district will be required to give public notice five business days before the forum is held. Strictly permissive and only if the school board agrees. And I move to suspend the regular order of business.

SENATOR ELTIFE: Senator Gallegos moves suspension of the regular order of business to take up and consider Committee Substitute SB208. Is there objection? Chair hears none, rule is suspended. Chair lays out on second reading Committee Substitute SB208. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 208 relating to public notice and forums for the finalist of position of superintendent.

SENATOR ELTIFE: Senator Duncan, for what purpose?

SENATOR DUNCAN: Just a question of the author.

SENATOR ELTIFE: Senator Gallegos yield?

SENATOR GALLEGOS: Yes.

SENATOR DUNCAN: Senator, I'm looking at the bill and I know you worked hard on this bill. Is it -- I don't see this to be permissive, maybe I'm just reading it --

SENATOR GALLEGOS: We changed --

SENATOR DUNCAN: It says --

SENATOR GALLEGOS: We changed "shall" to "may."

SENATOR DUNCAN: Is there an amendment to do that?

SENATOR GALLEGOS: It's on line 13 of the bill, Senator.

SENATOR DUNCAN: It says on line 13 it says --

SENATOR GALLEGOS: It says "may." It was "shall" and instead of education --

SENATOR DUNCAN: Well, you might want to look at this because what I'm looking at is -- well, here's what it says. It says, "In accordance with section 552.126 government code the board of trustees of a school district shall give public notice of the name of each of the finalist the board is considering for the position of superintendent of the district." Is that --

SENATOR GALLEGOS: That is already in statute, Senator, we didn't change that.

SENATOR DUNCAN: Well, it's underlined. If I'm reading this as a piece of legislation, it being underlined means to me that it's new. So is it being moved from another section or -- I really don't know and that's what I'm asking.

SENATOR GALLEGOS: It is new from another section, Senator, and that's why we added it in there.

SENATOR DUNCAN: So what you're saying is that --

SENATOR GALLEGOS: And that's already in statute and it's strictly permissive that's why we changed the actual language that triggers is from -- we changed the language from "shall" to "may."

SENATOR DUNCAN: And you did that on -- is that what you're referring to on line 21? Says the board of trustees considering superintendent finalist may hold one or more limited public forums --

SENATOR GALLEGOS: That's correct.

SENATOR DUNCAN: And so what you're saying is that's the new part?

SENATOR GALLEGOS: Yes.

SENATOR DUNCAN: But subsections A is not new, it's an existing requirement.

SENATOR GALLEGOS: That's correct.

SENATOR DUNCAN: All right. Thank you.

SENATOR GALLEGOS: Thank you.

SENATOR ELTIFE: Senator Gallegos is recognized for a motion.

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

SENATOR ELTIFE: Senator Gallegos moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB208 is passed to engrossment. Senator Gallegos is recognized for a motion to suspend the constitutional three day rule.

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

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 29 ayes, two nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB208. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 208 relating to public notice and forums concerning finalist of superintendent.

SENATOR ELTIFE: Senator Gallegos is recognized for a motion.

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

SENATOR ELTIFE: Senate Gallegos now moves final passage of Committee Substitute SB208. The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, Committee Substitute SB208 is finally passed. Congratulations, Senator Gallegos. Senator Nichols is recognized for a motion to suspend the regular order of business on SB635.

SENATOR NICHOLS: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider Senate Bill 635. Under current law a water or sewer utility is allowed to charge its proposed rate for water and sewer even if the rate it creates is being protested. A utility can charge this rate until the completion of the contested case proceeding which can take anywhere from one to four years. Since taxpayers are required to pay the highest proposed rate and even though the Texas Commission of Environmental Quality, the commission itself has not issued a final ruling. In order to give rate payers some relief while protesting a rate increase, Senate Bill 635 allows the TCEQ executive director to establish an interim rate. This bill does not make an interim rate mandatory. It simply gives the executive director of bill a rate if he chooses and deems appropriate. It rate applies to rate makers until the conclusion of the contested case. The Senate passed an identical legislation last session, but it died in the House.

SENATOR ELTIFE: Senator Nichols moves suspension of the regular order of business to tack up and consider SB635. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading SB635. The secretary will read the caption.

PATSY SPAW: Senate Bill 635 relating to the authority of the executive director of the Texas Commission on Environmental Quality in relation establishing water and sewer utility rate.

SENATOR ELTIFE: Senator Nichols is recognized for a motion.

SENATOR NICHOLS: Mr. President and members, I move passage of Senate Bill 635 to engrossment.

SENATOR ELTIFE: Senator Nichols now moves passage to engrossment. Is there objection? Chair hears none, SB635 is passed to engrossment. Chair recognizes Senator Nichols to suspend the constitutional three day rule.

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

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 29 ayes, two nays, the rule is suspended. Chair lays out on third reading and final passage SB635. The secretary will read the caption.

PATSY SPAW: Senate Bill 635 relating to the authority of the executive director of the commission of Texas Commission on Environmental Quality and in relation to establishing water and sewer utility rate.

SENATOR ELTIFE: Senator Nichols is recognized for a motion.

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

SENATOR ELTIFE: Senator Nichols now moves final passage of SB635. The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, SB635 is finally passed. Congratulations, Senator Nichols.

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

SENATOR ELTIFE: Senator Hegar is recognized for a motion to suspend the regular order of business on Committee Substitute SB1291.

SENATOR HEGAR: Thank you, Mr. President and members. Current Texas law requires Department of Insurance to periodically conduct examinations of insurers in order to monitor their solvency, which is one of the key functions of any insurance regulator. During recent years TDI has had difficulty in attracting routine examiners and then also the difficulty in travel expenses because many of the headquarters of companies that they're examining for solvency are outside the state and so, therefore, these examinations are expensive. Senate Bill 1291 tries to solve this problem by allowing the division of actuarial financial examination division and only the examination division which is in charge of this function to operate under a self-directed budget. The Texas legislature provided other state agencies with a similar function such as the Department of Banking. The Senate Bill also includes numerous controls to ensure transparency and oversight and the state audit's office has the ability to audit the financial programs and list revenue and expenses must be submitted to the commissioner as well as to the LBB. And I would move to suspend the Senate's regular order of business to take up and -- the Committee Substitute to Senate Bill 1291.

SENATOR ELTIFE: Senator Hegar moves suspension of the regular order of business to take up and consider Committee Substitute SB1291. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading Committee Substitute SB1291. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1291 relating to the budget of certain division of the Texas Department of Insurance.

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

PATSY SPAW: Floor Amendment No. 1 by Hegar.

SENATOR ELTIFE: Senator Hegar to explain the amendment.

SENATOR HEGAR: Thank you. This amendment will prevent delay in the approval of the budge by simplifying the process and will conform with reporting requirements for TDI examiners' function to match the reporting requirements for other state agencies with such self-directed budgets. This is something I wanted to have as an amendment on the floor rather than slow it down in committee. So I would move adoption of Floor Amendment No. 1.

SENATOR ELTIFE: Senator Hegar moves adoption of familiar aim No. 1. Is this objection? Chair hears none, Floor Amendment No. 1 is adopted. Senator Hegar is recognized for a motion.

SENATOR HEGAR: Move passage to engrossment.

SENATOR ELTIFE: Senator Hegar now moves passage to engrossment. Is there objection? Hearing none, Committee Substitute SB1291 as amended is passed to engrossment. Senator Hegar is now recognized for a motion to suspend the constitutional three day rule.

SENATOR HEGAR: So moved.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1291 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1291 relating to budget of certain division of the Texas Department of Insurance.

SENATOR ELTIFE: Senator Hegar is recognized for a motion.

SENATOR HEGAR: I move final passage of Committee Substitute SB1291 as amended.

SENATOR ELTIFE: Senator Hegar now moves final passage of SB1219 as amended. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, no nays Committee Substitute SB1291 is finally passed. Congratulations, Senator Hegar. Senator Nichols recognized for a motion to suspend the regular order of business on SB636.

SENATOR NICHOLS: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider Senate Bill 636. This bill actually just clarifies existing law under chapter 13154 of the water code, a water or sewer utility system can consolidate one or more systems under one (inaudible) only if the utility proves one of the systems (inaudible) in terms of facilities, quality of service and cost of service. This language was put in the law in 2001, the legislature wanted to ensure that a water utility could not charge one rate for several systems unless the utilities could prove systems are similar. TCEQ recently ruled that one water supplier could consolidate numerous systems even though they were not similar in the required aspects because the applicant intended for them to be sometime in the future. I thought this was clearly against the legislative intent. A water system of one county in my district got hit with very high rates to help subsidize a unit three counties away to get it up to par. Senate Bill 636 clarifies the intent of the existing law to state the utility must prove that systems are substantially similar at the time the utility applies for a consolidated tariff. With that I move suspension of the regular order of business.

SENATOR ELTIFE: Senator Nichols moves suspension of the regular order of business to take up and consider SB636. Is there objection? Hearing none, rule is suspended. Chair lays out on second reading SB636. The secretary will read the caption.

PATSY SPAW: SB636 relating to the consolidation of water or sewer system under one tariff.

SENATOR ELTIFE: Chair recognizes Senator Nichols for a motion.

SENATOR NICHOLS: Mr. President and members, I move passage to Senate Bill 636 to engrossment.

SENATOR ELTIFE: Senator Nichols moves passage to engrossment is there objection? Hearing none, SB636 is passed to engrossment. Senator Nichols is recognized for a motion to suspend the constitutional three day rule.

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

SENATOR ELTIFE: We're just here to serve. Thank you, Senator Nichols. The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage SB636. The secretary will read the caption.

PATSY SPAW: Senate Bill 636 relating to consolidation of more than one water or sewer system under a single tariff.

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

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

SENATOR ELTIFE: Senator Nichols now moves final passage of SB636. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, no nays Committee Substitute SB636 is finally passed. Congratulations, Senator Nichols.

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

SENATOR ELTIFE: Senator Watson is recognized for a motion to suspend the regular order of business on Committee Substitute SB1281.

SENATOR WATSON: Thank you, Mr. President. Members, I move to suspend the Senate's regular order of business to take up and consider at this time the Committee Substitute to Senate Bill 1281 that updates criminal administrative penalties for violating the Securities Act and allows for heightened penalties for fraud against a victim that's over 65. I move suspension of the rules.

SENATOR ELTIFE: Senator Davis, for what purpose?

SENATOR DAVIS: Ask a question of the author.

SENATOR ELTIFE: Senator Watson yield?

SENATOR WATSON: I do.

SENATOR DAVIS: Senator Watson, since your bill was voted out of committee, I know there's been some concern raised that SB1281 could permit the securities board and the securities commissioner for that matter -- not related to securities regulation particularly with respect to investment advisers, and I know the issue's been discussed with the securities commissioner. Just for purposes of establishing your legislative intent. What's the purpose?

SENATOR WATSON: Senate Bill 1281 is meant to merely reconcile the administrative, criminal and civil authority and remedies that previously have been granted by the legislature to the securities board and the securities commission with other provisions of law. The bill does not provide a wholesale expansion or powers of the securities board or securities commissioner. It's a reconciliation to enhance penalties to keep them up to date.

SENATOR DAVIS: Okay. So if an investment adviser advises another person as to the value of a financial product or transaction that's not a security or issues or adopts an analysis or report concerning a financial product or transaction that's not a security, the bill does not authorize either the securities board or the commissioner to attempt to regulate a previously unregulated transaction.

SENATOR WATSON: That's correct. And let me just say under current law the terms "investment advisor" and "investment advisor representative" are defined terms that you'll find in the Texas Securities Act. And what happens is those existing definitions don't include persons who advise another person as to the value of or who issue or adopt analyses or reports concerning financial products that are not securities. By definition the investment adviser services are already limited to activities relating to securities. So, however, if the advice, analyses or report involve both securities and financial products that aren't securities, the services relating to securities regardless of the percentage of those services relative to the total service provided would be subject to the provisions of the Texas Securities Act.

SENATOR DAVIS: And so nothing in your bill would alter those definitions?

SENATOR WATSON: That's correct. The bill doesn't alter those definitions.

SENATOR DAVIS: Thank you, Senator Watson.

SENATOR ELTIFE: Thank you, Senator Davis. Senator Watson moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 1281. Is there objection? Chair hears none, the rule is suspended. The Chair hays out on second reading SB1281. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1281 relating to certain violations and offenses under the Securities Act.

SENATOR ELTIFE: Senator Watson is recognized for a motion.

SENATOR WATSON: I move passage of Committee Substitute Senate Bill 1281 to engrossment.

SENATOR ELTIFE: Senator Watson now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1281 is passed to engrossment. Senator Watson is now recognized for a motion to suspend the constitutional three day rule.

SENATOR WATSON: So moved, Mr. President.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1281. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1281 relating to certain violations and offenses under the Securities Act.

SENATOR ELTIFE: Senator Watson is recognized for a motion.

SENATOR WATSON: Mr. President, I move final passage of Committee Substitute to Senate Bill 1281.

SENATOR ELTIFE: Senator Watson now moves final passage of Committee Substitute SB1281. The secretary will call the roll.

SENATOR ELTIFE: 31 ayes, no nays, Committee Substitute SB1281 is finally passed. Congratulations, Senator Watson.

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

SENATOR ELTIFE: The Chair recognizes Senator Estes for a motion.

SENATOR ESTES: Thank you, Mr. President. Members, every once in a while we have to rewind. Thanks to a good catch by Senator West, we're going to go back to the amendment that was adopted and amended slightly and that will be an amendment to the amendment by Senator Harris. But now, I move to reconsider the vote by which Committee Substitute to Senate Bill 1216 was passed to engrossment.

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

SENATOR ESTES: Now, Mr. President, I move to reconsider the vote by which Floor Amendment No. 1 was adopted.

SENATOR ELTIFE: Members, you have heard the motion by Senator Estes. Is there objection? Chair hears none, so ordered. The following amendment. Secretary please read the amendment by Harris. Floor Amendment No. 2.

PATSY SPAW: Floor Amendment No. 2 by Harris, amending Floor Amendment No. 1.

SENATOR ELTIFE: Senator Harris to explain the amendment.

SENATOR HARRIS: Hello? There I am. All right. This amendment simply strikes a couple of lines in the amendment that's already been submitted. Senator West was right. It was duplicate wording. I move adoption of the amendment, Mr. President.

SENATOR ELTIFE: Senator Estes, you're recognized on Floor Amendment No. 2 by Harris. It's acceptable?

SENATOR ESTES: It's acceptable.

SENATOR ELTIFE: Senator Harris now moves adoption of Floor Amendment No. 2, members. Is there objection? Chair hears none, Floor Amendment No. 2 is adopted.

SENATOR ESTES: Now, Mr. President, I move adoption of Floor Amendment No. 1 as adopted.

SENATOR ELTIFE: Senator Estes moves adoption of Floor Amendment No. 1 as amended, is there objection? The Chair hears none, so ordered.

SENATOR ESTES: As amended, thank you.

SENATOR ELTIFE: Yes, sir.

SENATOR ESTES: Now, Mr. President, I move passage to engrossment of Committee Substitute Senate Bill 1216.

SENATOR ELTIFE: Senator Estes now moves passage to engrossment. Is there objection? The Chair hears none, Committee Substitute to Senate Bill 1216 is passed to engrossment. Senator Estes is now recognized for a motion to suspend the constitutional three day rule.

SENATOR ESTES: So moved, Mr. President.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1216. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1216 relating to determination of the validity and enforceability of certain contracts.

SENATOR ELTIFE: Senator Estes is recognized for a motion.

SENATOR ESTES: Thank you, Mr. President. Thanks to Senator West and Senator Harris I move final passage of Committee Substitute Senate Bill 1216.

SENATOR ELTIFE: Senator Estes moves final passage of Committee Substitute to Senate Bill 1216. The secretary will call the roll.

SENATOR ELTIFE: Committee Substitute SB1216 is passed again. Senator Estes, congratulations.

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

SENATOR ELTIFE: Senator Davis is recognized for a motion to suspend the regular order of business on Committee Substitute SB1014.

SENATOR DAVIS: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business to take up and consider Committee Substitute for Senate Bill 1014. The Committee Substitute to Senate Bill 1014 requires that a defendant being discharged from a county jail be released between 6:00 a.m. and 7:00 p.m it's responsive to counties that were experiencing problems with hundreds of defendants being released in the middle of the night. In order to resolve their concerns with regard to their crowding conditions in their jails, the bill would allow the person to be released with up to 18 hours of time served in order that they could be released in the day proceeding their discharge and not have the problem of the overcrowding of the jail as a consequence of the bill. Mr. President and members, I do have an amendment for the bill as well.

SENATOR ELTIFE: Senator Davis moves suspension of the regular order of business to take up and consider Committee Substitute SB1014. Is there objection? Chair hears none -- Senator Seliger for what purpose.

SENATOR SELIGER: Ask a question of the author.

SENATOR ELTIFE: Senator Davis yield?

SENATOR DAVIS: Yes, of course, I yield.

SENATOR SELIGER: Thank you, Senator Davis. The reason for this bill is a good one for people who might have some sort of disabilities and they might be prey to predators at night coming out of the jail or women and it's understandable. What about those people who are perfectly healthy --

SENATOR DAVIS: Yes.

SENATOR SELIGER: -- that are in jail for whatever reason they are in jail at some cost to the county and city, why keep them in jail until the next morning?

SENATOR DAVIS: Actually we wouldn't be keeping them in jail for the next morning. And thank you for the question, Senator Seliger. Initially when the bill was written, that's exactly what it would have done. Instead, by working with the County -- the Urban County Association as well as the Sheriff's Association, we created a substitute in committee and the substitute allows for those persons that you're talking about to actually be credited with time served and to be released actually up to 18-hours earlier so that they can even get an earlier release and not be released in the middle of the night.

SENATOR SELIGER: Does it limit the 18 hours to period of time between 7:00 a.m. and 7:00 p.m?

SENATOR DAVIS: Yes, it does.

SENATOR SELIGER: Okay, thank you.

SENATOR ELTIFE: Members, Senator Davis has moved suspension of the regular order of business to take up and consider Committee Substitute SB1014. Is there any objection? Chair hears none, the rules are suspended. Chair lays out on second reading Committee Substitute SB1014. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1014 relating to the discharge of a prisoner from a county jail.

SENATOR ELTIFE: The following Floor Amendment No. 1 by Davis. Secretary, please 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. The amendment simply is a reflection of some input that we received from disability rights groups so that we better define that mental illness language in the bill and that person who wouldn't be allowed to have an earlier release. And also it adds an exception to say that a person may be released outside the established time frame if they're being released pursuant to an order of the court, whether a night court orders that might be releasing someone in the middle of the night as a result of a night court order. I would move adoption of Floor Amendment No. 1.

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

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

SENATOR ELTIFE: Senator Davis now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1014 as amended is passed to engrossment. Senator Davis is now recognized for a motion to suspend the constitutional three day rule.

SENATOR DAVIS: So moved, Mr. President.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 28 ayes, three nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1014. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1014 relating to the discharge of a prisoner from a county jail.

SENATOR ELTIFE: Senator Davis is recognized for a motion.

SENATOR DAVIS: Mr. President, I move final passage of Committee Substitute to Senate Bill 1014.

SENATOR ELTIFE: Senator Davis now moves final passage of Committee Substitute SB1014. The secretary will call the roll.

SENATOR ELTIFE: 29 ayes, two nays, Committee Substitute SB1014 is finally passed. Congratulations, Senator Davis.

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

SENATOR ELTIFE: Chair recognizes Senator Lucio for a motion to suspend the Senate's regular order of business on Committee Substitute SB89.

SENATOR LUCIO: Thank you, Mr. President. Members, I'd like to move the Senate's regular order of business and all necessary rules to take up and consider Senate Bill 89. Members, Senate Bill 89 recodifies statutory references to the summer food program and makes a few small changes to increase the number of sites that serve food through the program and the number of students who are ultimately served. This program provides a crucial service because so many Texas children rely on school meals during the academic year. Now, most of the provisions in Senate Bill 89 simply move the program from the human resources code to the agriculture code to reflect the movement of the program to the Texas Department of Agriculture which happened in 2005. Senate Bill 89 requires districts with 50 percent or more students who qualify for free or reduced price meals to offer summer food service. Current state law is 60 percent. Under this legislation the current criteria to request a waiver will remain consistent but in addition to notifying the Texas Department of agriculture of their desire to waive out of the program, districts will also have to notify their school health advisory council of their decision to apply for a waiver. Finally, members, most importantly, this bill adds a new waiver clearly explaining that if the school cannot implement this program, due to financial reasons, they can be except from the provision. It is reflected on page 2 lines 11 through 19, it passed unanimously in the education committee. I move suspension of the rules.

SENATOR ELTIFE: Senator Nichols, for what purpose.

SENATOR NICHOLS: To ask the author some questions.

SENATOR ELTIFE: Senator Lucio yield?

SENATOR LUCIO: Absolutely.

SENATOR NICHOLS: Thank you, Mr. President. Senator Lucio, I -- I know you passed this bill last year and we had some conversations related to that on the floor but I understand your intent to extend the summer program I just want to make sure that this does not result in any unfunded mandates to my new schools, new participating schools. I represent 84 school districts in east Texas, many of them are very small and rural, and a lot of them do not offer summer school. Under your expansion 21 more of my school districts will now be offering this program. I heard from some of those school districts and if they currently do not offer a summer school, because a lot of them can't afford it, mandating them to open their doors, turn on the air-conditioner and pay their employees participating in the program could be considered an extra cost to their schools. Under your bill, would that school district be exempted from the program if they ask for it?

SENATOR LUCIO: Yes, thank you very much for that question. Senator, I am not in favor of unfunded mandates either, and I just want to say, first of all, Senator, that under this scenario that that school that you referred to would not be required to provide the program on their school grounds. That's the beauty of this program. It's a public private partnership, it can be administered by the community, some cities actually administer this for the schools. And additionally if that school were to have no choice but to offer the program on their campus but felt it would be cost prohibitive to turn on the air-condition and open their doors, they could either apply -- they could apply for a waiver under the "cost prohibited" waiver or they could currently apply for the extenuating circumstance waiver. So you're -- good questions. And certainly we address those concerns for you in this bill.

SENATOR NICHOLS: Okay. In the bill there are, as you were mentioning, several categories for a school district to receive a waiver from the program. I wanted to ask a couple of questions a little more about them. One of them, for example, would a district qualify to opt out if -- I think in the bill it says transportation to enable district students to participate in the program is an insurmountable obstacle, would that be a reason --

SENATOR LUCIO: Yes, sir. Senator, I have visited with the Texas Department of Agriculture and how they administer this program and it's my understanding that they do not have any formal rules for further defining these terms. It's determined on a case by case basis. However, I can tell you that TDA works very closely with school districts and, therefore, they know what a district can and cannot do. They are tasked with helping schools find a community sponsor. As well as should a school district not be able to do this additionally, you should know that if a school asks for a waiver, the vest majority of the time they receive it. TDA only denied 17 waivers all of last year out of 130 request. So, you know, it's kind of like a slam dunk when you ask for that.

SENATOR NICHOLS: Well, thank you. In the bill I think there's a term referred to as "cost prohibitive." Is there a definition for cost prohibitive?

SENATOR LUCIO: Yes, there is in the bill. Yes, sir. Under this bill there will be a methodology created to establish cost. In order to create this fiscal note TDA took the information they had regarding cost to each district that exceeded the federal reimbursement and averaged it out. However, because schools do not report cost in a uniform manner, this is not an accurate number. Different schools consider different things extra cost. Many schools, including some in your district, report making money from the program, and I do have some tables that I can share with any of the members that might want to know how their school districts fare.

SENATOR NICHOLS: Okay. And I appreciate that. I know that I do have a number of my schools that very much like the program, it's been very successful in a lot of areas. But before the session started I went and visited with all 84 of my school superintendents in their area, it took me several months to do it.

SENATOR LUCIO: I can't get 34 together, you got 81, wow. Congratulations.

SENATOR NICHOLS: Thank you. It took a lot of scheduling to do that. But one of the things they focused on was, please don't give us any more unfunded mandates. So the ones that want to do the program, I think that's great. But the ones that feel like it's going to cost their school extra and they want to make clarification, so I don't mean to be at the tail end of this state. In the fiscal note on the bill, it refers to, and I'm going to quote it, "federal reimbursement is available for each meal served in a summer nutrition program but the reimbursement may not be estimated to cover the entire cost." Senator Lucio, if there is any cost to a school district that the federal reimbursement does not cover, would that allow for the school district to qualify for a waiver --

SENATOR LUCIO: Absolutely, yes, sir.

SENATOR NICHOLS: Okay. Thank you, Senator Lucio. Mr. President, I would like to ask that our comments be reduced to writing.

SENATOR ELTIFE: Members, you heard the motion by Senator Nichols, is there objection? Chair hears none, so ordered. Senator Seliger, for what purpose?

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

SENATOR ELTIFE: Senator Lucio yield?

SENATOR LUCIO: Absolutely.

SENATOR SELIGER: Senator, needless to say there's a transportation piece in this and in rural schools, like many in your district and my district, may incur some cost and it talks about the waiver program, is it going to be difficult for school districts to get waivers under this program?

SENATOR LUCIO: Yes, Senator, it will be. Transportation is often a big obstacle in rural areas. TDA addresses this in two ways. No. 1, transportation first of all, it's not required and a school can offer the program without providing transportation. And 2, additionally TDA has a waiver for this. In the event a school feels the program needs to have transportation in order to work, but they cannot offer it due to cost. So --

SENATOR SELIGER: Yes, sir. Are schools participating today even though they're not required to do so?

SENATOR LUCIO: I'm sorry?

SENATOR SELIGER: Are schools participating today even though they're not required to do so?

SENATOR LUCIO: Well, yes, absolutely. You know, there are many schools that currently provide this program without being required to do so. In your district, Senator, I believe you have 13 schools that choose to provide or arrange for the program in their communities of the schools that will be required to participate under this bill, 74 currently provide a summer nutrition program now. That's 246 new schools total.

SENATOR SELIGER: Okay, thank you.

SENATOR LUCIO: Yes, sir.

SENATOR SELIGER: Thank you, Senator Lucio. Thank you, Mr. President.

SENATOR ELTIFE: Thank you, Senator Seliger. Senator Lucio has moved suspension of the regular order of business to take up and consider Committee Substitute SB89. The secretary will call the roll.

SENATOR ELTIFE: 25 ayes, six nays, the rule is suspended. The Chair lays out on second reading Committee Substitute SB89. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 89 relating to summer nutrition programs provided for by school districts.

SENATOR ELTIFE: Senator Lucio is recognized for a motion.

SENATOR LUCIO: I move that Senate Bill -- the Committee Substitute for Senate Bill 89 be passed to engrossment.

SENATOR ELTIFE: Senator Lucio now moves passage to engrossment. Is there objection? The secretary will call the roll.

SENATOR ELTIFE: 24 ayes, seven nays, Committee Substitute SB89 is passed. Senator Lucio is now recognized for a motion to suspend the constitutional three day rule.

SENATOR LUCIO: So moved, Mr. President.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 26 ayes, five nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB89. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 89 relating to summer nutrition programs provided for by school districts.

SENATOR ELTIFE: Senator Lucio is recognized for a motion.

SENATOR LUCIO: Mr. President, I'd like to move final passage for the Committee Substitute for Senate Bill 89.

SENATOR ELTIFE: Senator Lucio now moves final passage of Committee Substitute SB89. The secretary will call the roll.

SENATOR ELTIFE: 24 ayes, seven nays, Committee Substitute SB89 is finally passed. Congratulations, Senator Lucio.

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

SENATOR ELTIFE: Senator Van de Putte is recognized for a motion to suspend the regular order of business on Committee Substitute SB511.

SENATOR VAN DE PUTTE: Thank you, Mr. President. Members, I move to suspend the Senate's regular order of business to take up and consider tut the Committee Substitute Senate Bill 511. Members, this bill clarifies and makes sure that the only time that an injured employee has the same ability to dispute a designated doctor determination as the insurance carrier is only in two instances. The issue of a maximum medical improvement and the impairment rating. We worked very much with Texas Association of Business to make sure that the language was clarifying, and we feel that this would give the Department of Insurance and the diversion of worker's compensation their ability to promulgate the rules that under a treating doctor's examination after only the designated doctor opinion is appropriate. Appreciate the work from the Texas Association of Business. And, members, I move to suspend the Senate's regular order of business to take up and consider the Committee Substitute to Senate Bill 511.

SENATOR ELTIFE: Senator Van de Putte moves suspension of the regular order of business to take up and consider Committee Substitute SB511. Is there objections? Chair hears none, rules are suspended. Chair lays out on second reading Committee Substitute SB511. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB511 relating to the designating doctors examination under the worker's compensation system.

SENATOR ELTIFE: Senator Van de Putte is recognized for a motion.

SENATOR VAN DE PUTTE: I move Committee Substitute Senate Bill 511 to engrossment.

SENATOR ELTIFE: Senator Van de Putte moves passage to engrossment. Is there objection? Hearing none, Committee Substitute to Senate Bill 511 is passed to engrossment. Senator Van de Putte is recognized for a motion to suspend the constitutional three day rule.

SENATOR VAN DE PUTTE: So moved, Mr. President.

SENATOR ELTIFE: The secretary will call the roll.

SENATOR ELTIFE: 29 ayes, two nays, the constitutional rule is suspended. The Chair lays out on second reading Committee Substitute SB511. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 511 relating to the designated doctor's examination under the workman's compensation system.

SENATOR ELTIFE: Senator Van de Putte is recognized for o motion.

SENATOR VAN DE PUTTE: I move final passage of Committee Substitute Senate Bill 511.

SENATOR ELTIFE: Senator Van de Putte moves final passage of Committee Substitute SB511. The secretary will call the roll.

SENATOR ELTIFE: There being 29 ayes, two nays, Committee Substitute SB511 is finally passed. Congratulations, Senator Van de Putte.

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

SENATOR ELTIFE: Senator Rodriguez is recognized for a motion to suspend the regular order of business on SB601.

SENATOR RODRIGUEZ: Thank you, Mr. President and members. Senate Bill 601 amends the health and safety code and only affects members of El Paso and El Paso County. The issue is that the El Paso County hospital district serves approximately 800,000 residents in El Paso and is the largest in West Texas region and is a level one trauma center in the entire area. It's a district located directly on the U.S./Mexico border and neighbors Juarez, Mexico, which continues to suffer from the unprecedented violence arising from drug trafficking. Over the last three years the district has provided medical care to over 200 people who were shot or otherwise assaulted in Ciudad, Juarez and then transported to the district hospital for treatment of their wounds. The majority of these patients have been either U.S. citizens or legal residents. In some cases these patients have been specifically targeted by the war on drug cartels which made their presence in the district's hospitals a security risk for other patients visitors, medical staff members, hospital employees and the general public. Given these facts, Mr. President and members, the district should be authorized to employ peace officers in the event the situation continues or worsens. Authority to employ peace officers would allow the district the option to develop a campus law enforcement presence to maintain order and provide for public safety. Senate Bill 601 simply adds El Paso County hospital district to the list of hospital districts that are currently authorized to employ peace offices. Those other districts are the Dallas County hospital district, the Bexar County hospital district, and the Tarrant County hospital district. Mr. President and members, I move that we suspend the regular order of business and all necessary rules to take up and consider SB601.

SENATOR ELTIFE: Senator Ogden, for what purpose?

SENATOR OGDEN: To ask Senator Rodriguez a question.

SENATOR ELTIFE: Senator Rodriguez yield?

SENATOR RODRIGUEZ: Yes, sir, I yield.

SENATOR OGDEN: Senator, I think most of us would agree this is a local bill and so we respect your judgment on it, but having been a county attorney and dealing with numerous law enforcement organizations, does it concern you at all that we're basically authorizing another government entity to have another police force? Because it seems to me like El Paso police officer -- the El Paso police force or the El Paso County sheriff's department could do exactly the same thing that you're proposing that the hospital district do. And I'm wondering why we should be creating a new entity who could commission police officers -- it doesn't appear to be necessary. So what would be your answer to that?

SENATOR RODRIGUEZ: Well, my answer, Senator Ogden, and I see your point. But No. 1, in terms of the threat that that hospital faces, we are having a number of people brought over that have been involved in the drug violence in Juarez. As I said in my statement, most of them are U.S. citizens or residents that are caught up in that out there in Ciudad, Juarez. So they're brought out to the hospital district as the level one trauma center in the region and while -- and yes, indeed, when I was a county attorney we helped coordinate with different levels of law enforcement: The sheriff, the police, even some federal agents. But the reality is that it's not just that particular threat but there have been over the last several years a number of incidents in other hospitals throughout the country where hospital personnel have been shot, some of them have been killed and hospitals are becoming more unsafe and that's the reason why Dallas hospital district, the Bexar County hospital district, and Tarrant County has -- some of the major hospital districts in this state felt that it was important to have their own peace officers with the authority to arrest people on the spot versus just having security personnel as the hospital does now. So the answer to your question is that while the police department in El Paso and certainly the sheriff department have done a great job when called upon to come over, the hospital district would feel a lot more secure if it had its own peace officers on the premises available at any given moment of time.

SENATOR OGDEN: Well, the -- of course, you can contract with the El Paso police department, you can contract with the El Paso County sheriff's department, I think you can just contract with security firms who are authorized -- who are licensed peace officers and -- why isn't that sufficient? Why do we need to basically create a new police force just for the El Paso County hospital district? Is it because in your opinion the current situation of security is inadequate?

SENATOR RODRIGUEZ: Well, I believe that the hospital district administrators, the board of managers feel very strongly that the time has come for the hospital to consider this. I remember when I was county attorney several years ago, several sessions back there was discussion about coming here as Dallas and Bexar County and Tarrant County did in getting our own peace officers and the decision was made at the time that we could just coordinate with the local law enforcement and we took that route. But now, we've come to the point with the increasing violence and the numbers of people that are brought over, in our hospital district it's a unique situation. We have these folks that are there that are targeted by the cartel and that present security risks for employees, for doctors, for everyone in the hospital. And so they just came around to the position now saying, you know what, we really need to have our own force here that are employed by us, that follow our policies and that will give us more added security for ourselves, for our patients and for the doctors that practice it.

SENATOR OGDEN: I will respect your judgment on this issue, you know more about it than I do. I will just express a general concern as a private citizen, and I see this as a senator, every session somebody wants to create their own police force, their own armed force to protect this, and I personally think in Texas there's been a proliferation of these type of entities to the point that we're giving just about any government entity that ask for it the authority to have a police force. And I think that's a lot of power to give to government. And I think potentially it's a threat to liberty.

SENATOR RODRIGUEZ: Well, I understand your position. I certainly am not one who over my career even as a county prosecutor supported the proliferation of more law enforcement. We have a lot of law enforcement in El Paso, as you know, federal, state and local. But in this case I think the hospital district finds itself in a very unique situation where the leadership as well as the board of managers felt that it was probably the most prudent thing for us to do to try to get our own peace officers there on campus.

SENATOR OGDEN: Thank you, Senator.

SENATOR RODRIGUEZ: Thank you.

SENATOR WHITMIRE: Mr. President.

SENATOR ELTIFE: Senator Whitmire, you're recognized.

SENATOR WHITMIRE: Will the Senator yield?

SENATOR ELTIFE: Senator Rodriguez yield?

SENATOR RODRIGUEZ: Yes, sir.

SENATOR WHITMIRE: First of all, what committee did this come out of?

SENATOR RODRIGUEZ: Let's see.

SENATOR WHITMIRE: IGR?

SENATOR RODRIGUEZ: Yes.

SENATOR WHITMIRE: Intergovernmental affairs. Because we try to monitor these in finance, we monitor it very carefully. We've had every type regulatory board come before finance, dental board, veterinary board, they all want a security force and we've been very reluctant to grant these. Our other police agencies contact us regularly, please don't create another law enforcement agency for a variety of reasons. Let me ask you this, how many officers do you anticipate having?

SENATOR RODRIGUEZ: I'm not sure that I can answer that question. I think the hospital district is looking at a number of officers, but they do not give me the exact number. But I can tell you though that this bill is supported not just by the hospital district and the county commissioner's court but also by the county sheriff, the police department --

SENATOR WHITMIRE: But you see the problem is they don't just stay in your county. If you make them certified police officers, then they can travel the state, they can work extra jobs and compete with police departments, it's a wide range. And Senator Ogden was right on point, whenever you create another police agency which we all respect, there's no end to it. For instance, I assume you'll have a police chief probably for this force?

SENATOR RODRIGUEZ: A police chief?

SENATOR WHITMIRE: Yeah, you're creating a police department, are you going to have a chief?

SENATOR RODRIGUEZ: Well, there's going to be somebody in charge of the --

SENATOR WHITMIRE: Well, that's my point. You're fixing to build another police agency, and it's maybe not my concern for El Paso, but it's a statewide concern. I mean, next thing you know every entity in the state is going to want a police agency and one of our concerns is it complicates the operations of the Rangers and DPS. I mean, once you create other peace officers -- and let me also suggest to you some of them are regulated better than others, and I would be concerned and I would ask you what kind of safeguards you got in place that hospital district police officers are going to really just do hospital district work?

SENATOR RODRIGUEZ: Well --

SENATOR WHITMIRE: See, we have issues like our metro police, we regularly have issues that they get off the metro lines and start getting in traffic enforcement and serving warrants. Are your guys going to be working extra jobs?

SENATOR RODRIGUEZ: Well, I can't answer that question. I don't know if the hospital district is going to allow them to do that. What I think they're needed for is there at the hospital. But listen, I really do appreciate what you're saying. When I was county attorney I had investigators and everybody wanted me to hire more peace officers as part of my organization and I appreciated the problems that that causes when you have people who are peace officers and go do jobs in the evening. I had a blanket prohibition that I would not allow that to the extent of what people are doing. I also had concerns about their conduct away from the office, out of El Paso and so I appreciate what you're saying, I think the --

SENATOR WHITMIRE: Let me -- excuse me to interrupt.

SENATOR RODRIGUEZ: Yes.

SENATOR WHITMIRE: Let's put it to the greater good test. First of all, I assume y'all are doing pretty good, is your hospital district safe? And doing okay with the support of the police, the sheriff and the constables? So is there really -- do you really feel unsafe, like you need another police department?

SENATOR RODRIGUEZ: They obviously feel unsafe in order to want their own peace officers with the support of the El Paso police department and the sheriff's department and they --

SENATOR WHITMIRE: How are they going to pay for it? How are they going to pay for it?

SENATOR RODRIGUEZ: Well, they're gong to have to pay for it out of their local tax dollars.

SENATOR WHITMIRE: At a time when most people are kind of downsizing and doing more with less, it looks look your locals are asking you to expand government and create another expensive police force. So let me contemplate. But generally speaking I've been pretty much against, I'm doing it at the request of other police departments, they -- you know, police officers are pretty protective about who gets to carry that badge and become certified police officers.

SENATOR RODRIGUEZ: I appreciate that, thank you.

SENATOR ELTIFE: Senator Hinojosa, for what purpose?

SENATOR HINOJOSA: To ask the senator a question.

SENATOR ELTIFE: Senator Rodriguez, you yield?

SENATOR RODRIGUEZ: Yes.

SENATOR HINOJOSA: You know, Senator Rodriguez, right across El Paso we have the city of Juarez. And Juarez, as you well know, is one of the most violent cities in Mexico. And as you well know there being gunmen walking into hospitals in Juarez where they kill people. And the problem we have in El Paso, because I'm familiar with this situation, is that you have all the cartel run across the border, some of them infiltrated especially, (inaudible) gangs. And while the El Paso police department is very effective they're not there on the hospital district 24/7. That's correct. But, you know, we have had hospitals here in other states where gunmen walked in and gun patients down in the hospital. Are you aware of that?

SENATOR RODRIGUEZ: Yes, I am. In fact, I can recite to you the incidents over the last two years across the country.

SENATOR HINOJOSA: This really is a safety issue especially where you have a city and hospital district across Juarez which is probably one of the most violent cities not only in Mexico but probably in the world. So this is really a safety issue, and I know there's assistance to commission police officers but in situations, this is not the ordinary hospital district that's in inland in the United States, it's really by the border which is going right now through a very violent phase with the cartels.

SENATOR RODRIGUEZ: Well, Senator, thank you for that. You're absolutely correct. That is the issue, as I said earlier. We thought about this several years ago and decided not to do it, but things have come to the point where -- while we have been safe, there have been some concerns that we have experienced over the last several years such that the board of managers and the administration and the hospital felt that this was necessary for the safety and well being of the -- not just of the doctors and the employees but also the general public that comes over to the hospital. Because you all are very much aware, as you indicate, that violence out there in Juarez and the cartel will follow people, if necessary. And so that's a major concern for us. But in addition to that, I want to insist we had three people killed in 2008 including a nurse, hospital employee, and visitor in Doctor's Hospital in Columbus, Columbia in 2008. In February 2010 a gunman walked into the emergency department of Scottsman Memorial Hospital in North Carolina, Lowenberg, and shot two patients there and then subdued by the police. The patients at John Hopkins Hospital in Baltimore, John Hopkins shot and wounded an orthopedic surgeon before barricading himself and killing his mother and himself. And then most recently a shooting at the University of New Mexico pediatric ward just this year January 4th, 2011. So you're right, apart from the issue of cartel violence in El Paso, we do have a rise unfortunately in these kind of incidents in hospitals across the United States. So I think this is a -- we understand, we don't want to create, you know, more government and all that. But this is clearly a safety issue for the hospital as well as the community.

SENATOR HINOJOSA: One more point. It's not that you go enter a contract with the El Paso police department. In areas sometimes are police agencies throughout the border are undermanned and it's not in the contract for them to be there. And it would be much easier in terms of having your own police 24/7 for safety reasons. I like your bill. Thank you.

SENATOR ELTIFE: Thank you, Senator Hinojosa. Senator Ellis, for what purpose do you rise?

SENATOR ELLIS: Just a couple of quick questions.

SENATOR ELTIFE: Senator Rodriguez yield?

SENATOR RODRIGUEZ: I yield.

SENATOR ELLIS: Senator Rodriguez, I missed some of this. This is a local bill; is that correct?

SENATOR RODRIGUEZ: It applies only to the El Paso County hospital district.

SENATOR ELLIS: Now, it doesn't strike you as a little ironic we have some of our colleagues who want to put a handgun in every dorm room, an AK47 on every campus and then now, they're worried about a police state because you want to let a local hospital district on one of the most dangerous borders in the country to simply employ and commission peace officers to protect people in the hospital after they get shot on a college campus because they got a failing grade? Does that not strike you as ironic? I rest my case.

SENATOR RODRIGUEZ: Thank you, Senator.

SENATOR ELTIFE: Senator Gallegos, for what purpose.

SENATOR GALLEGOS: Will the gentleman yield?

SENATOR RODRIGUEZ: I yield.

SENATOR ELTIFE: Will Senator Rodriguez yield?

SENATOR RODRIGUEZ: Yes, sir.

SENATOR GALLEGOS: Senator Rodriguez, Senator Ellis said this is a local bill.

SENATOR RODRIGUEZ: Yes.

SENATOR GALLEGOS: And last time I looked you're the only Senator from El Paso; is that correct?

SENATOR RODRIGUEZ: That's correct.

SENATOR GALLEGOS: There's nobody else in the --

SENATOR RODRIGUEZ: No, no, Senator Hinojosa.

SENATOR GALLEGOS: Excuse me, I'm sorry.

SENATOR RODRIGUEZ: He represents --

SENATOR GALLEGOS: Is he a coauthor?

SENATOR RODRIGUEZ: Pardon me?

SENATOR GALLEGOS: Does he support the bill?

SENATOR RODRIGUEZ: Yes, he does.

SENATOR GALLEGOS: Okay, he's a supporter. Let me ask you this. I'm looking to employ and commission peace officers but they have to be T club certified; is that correct?

SENATOR RODRIGUEZ: Yes, that's correct.

SENATOR GALLEGOS: You know, there in Harris County we just laid off a bunch of constables that are T club certified and they're looking for work.

LT. GOVERNOR DEWHURST: Please, let's have some order in the chamber.

SENATOR GALLEGOS: They're looking for work, Senator, and I think some of them would travel all the way to, if you're going to commission the peace officers for the hospital district, that they're already T club certified. They're looking for work anywhere, anywhere. And they're peace officers. And I would fairly say that some of them would probably go to El Paso and seek work there.

SENATOR RODRIGUEZ: Senator, if the bill passes they can come and apply, I invite them.

SENATOR GALLEGOS: But I just want to tell you like in Harris County we have peace officers that are contract deputies and work in school districts, that work for subdivisions and all of it through the county and they've asked for it and everybody's agreed to it and that's all you're asking here.

SENATOR RODRIGUEZ: That's all I'm asking.

SENATOR GALLEGOS: You're not asking no more, no less, other than the hospital district to employ and commission T club certified peace officers, right?

SENATOR RODRIGUEZ: Just as Dallas, Bexar County and Tarrant County have done.

SENATOR GALLEGOS: Okay. I just wanted to -- because I am a certified peace officer and if I'm looking for work, you never know, I might go work for El Paso, the hospital district. Thank you, Senator.

SENATOR RODRIGUEZ: Thank you.

LT. GOVERNOR DEWHURST: Members, Senator Rodriguez moves to suspend the Senate's regular order of business to take up and consider Senate Bill 601. I'm scared to ask this. Is there any objection? No objection? Good heavens. You know, we got a lot of the work to do today, Dean. You're waving your handkerchief at someone in the gallery? All right.

SENATOR RODRIGUEZ: Mr. President, I didn't know the tradition called for going through this process twice. I thought I had already gone through this at the beginning.

LT. GOVERNOR DEWHURST: I'll explain later. All right. Senator Rodriguez moves to suspend the Senate's regular order of business. Chair hears no objection from any member, and the rule is suspended. The Chair lays out on second reading Senate Bill 601. The secretary will read the caption.

PATSY SPAW: Senate Bill 601 relating to the authority of the El Paso hospital district to employ commission peace officers.

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

SENATOR RODRIGUEZ: Mr. President and members, I move passage to engrossment.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Rodriguez. Is there objection from any member? Chair hears no objection, and Senate Bill 601 passes to engrossment. Senator Whitmire, did you wish to be recognized?

SENATOR WHITMIRE: Yes, Mr. President, could I ask to move to suspend Senate rules 11.10 --

LT. GOVERNOR DEWHURST: We haven't passed this bill yet.

SENATOR WHITMIRE: Sir?

LT. GOVERNOR DEWHURST: We're on third reading.

SENATOR WHITMIRE: I apologize.

LT. GOVERNOR DEWHURST: That's all right.

SENATOR WHITMIRE: You admonished me to get serious and get busy, and I was just doing it.

LT. GOVERNOR DEWHURST: Go easy on Senator Rodriguez, members, come on, come on. The Chair recognizes Senator Rodriguez for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR RODRIGUEZ: Thank you, Mr. President and members, I move to suspend the constitutional rule that bills be read on three several days so the Senate can take up and consider Senate Bill 601 on third reading and final passage.

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

LT. GOVERNOR DEWHURST: There being 28 ayes and three nays, the rule is suspended. The Chair lays out on third reading and final passage Senate Bill 601. The secretary will read the caption.

PATSY SPAW: Senate Bill 601 relating to the authority of the El Paso County hospital district to employ and commission police officers.

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

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

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

LT. GOVERNOR DEWHURST: There being 29 ayes and two nays, Senate Bill 601 is finally passed.

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

LT. GOVERNOR DEWHURST: Thank you, Senator. Now, I said we'd end at 2:30. Is your bill fast? Fast? All right. This is the last bill. The Chair recognizes Senator Patrick for a motion to suspend the Senate's regular order of business to take up and consider Senate Bill 838.

SENATOR PATRICK: Thank you, Mr. President and members. I rise to suspend the regular order of business on Senate Bill 838. Texas ranked No. 1 in the nation DWI fatalities in Houston 2008, nearly 70 percent of drivers involved in fatal collisions had a blood alcohol content of .16 or greater, twice the legal limit. Currently whether a person's BAC is just barely over the limit or twice the limit, there's no difference in punishment, Senate Bill 838 provides that when a person's BAC is .15 or higher, the penalty is a class A misdemeanor instead of a class B. I move to suspend the Senate's regular order of business.

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

SENATOR HINOJOSA: To ask Senator Patrick a question.

LT. GOVERNOR DEWHURST: Will Senator Patrick yield?

SENATOR PATRICK: Yes, Mr. President.

SENATOR HINOJOSA: Senator, I think you were reading a little bit too fast for me. Tell me what does the bill do, now?

SENATOR PATRICK: Yes, Senator. And you supported it in committee. What this bill does is if a person's limit, when they do the Breathalyzer when they do their test, if they're double the legal limit which is .08, which is .16 or higher, it takes it from a class B to a class A because we have found in Texas 70 percent of people who kill people on the roads have a .15 or higher. So it simply moves it from a B to A, as you heard in committee, that you supported.

SENATOR HINOJOSA: And that's the bill we voted out of criminal justice?

SENATOR PATRICK: Yes, sir. And you supported it.

SENATOR HINOJOSA: Okay. Thank you.

SENATOR PATRICK: I move to suspend the regular order of business.

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

SENATOR WEST: Just to slow it down just a little, Mr. President. I realize that we got a lot of work to do. Senator Patrick, what does this bill do again? I know that this came out of the same committee that Senator Huffman's bill came out of, I think.

SENATOR PATRICK: You're in your Barry White slow voice now, and I want to move quickly not, to hold up all the serious business we have. This is very serious. Very quickly, Senator West, we lead the nation in DUI fatalities and all of our investigation showed that 70 percent of the drivers who kill people on the roads are double the .08. This simply moves those who blow a .15 or more, it goes from a class B to a class A. Simple as that, to try to protect your --

SENATOR WEST: So why are we doing this? What is the penalty range right now?

SENATOR PATRICK: It is a B now, we move it to an A --

SENATOR WEST: What is the penalty range? I mean --

SENATOR PATRICK: Senator, I would have to go back and look and research that for you. I can if you wish. This is a serious issue to get drunk drivers off the road and save people's lives.

SENATOR WEST: I'm trying to figure out what's wrong with the current laws that we have.

SENATOR PATRICK: It's not strong enough. Hold on. From six months to a year in jail.

SENATOR WEST: Okay. So what's wrong with the current laws?

SENATOR PATRICK: It's too light.

SENATOR WEST: It's too light.

SENATOR PATRICK: Yes.

SENATOR WEST: Okay. And so you're saying that if a person has a Breathalyzer of what? They would end up being a class A?

SENATOR PATRICK: Senator West, and I don't know if you spent all night working in a police station as I have on the DWI task force when you blow a .16, you can't stand up, you can't see straight. These are the people that deserve to get a class A, if the judge wants to give them a year in jail instead of six months because these are the people who are the most dangerous people to your family, my family and everyone's family in here.

SENATOR WEST: Okay. So we're talking that to a class B to a class A if you blow a .16 or greater?

SENATOR PATRICK: Yes.

SENATOR WEST: Okay. All right. Thank you very much.

SENATOR PATRICK: Thank you, thank you. Now, I move to suspend the regular order of business, Mr. President.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Patrick. Is there objection from any member? Hearing no objection from any member? The rule is suspended. Chair lays out on second reading Senate Bill 838. The secretary will read the caption.

PATSY SPAW: Senate Bill 838 relating to the penalty for driving while intoxicated.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Patrick.

SENATOR PATRICK: Move to engrossment, Mr. President.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Patrick. Is there objection from any member? The Chair hears no objection and Senate Bill 838 passes to engrossment. Chair recognizes Senator Patrick for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR PATRICK: So moved, Mr. President.

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

LT. GOVERNOR DEWHURST: There being 30 ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage Senate Bill 838. The secretary will read the caption.

PATSY SPAW: Senate Bill 838 relating to penalty for driving while intoxicated.

LT. GOVERNOR DEWHURST: Chair recognizes Senator Patrick.

SENATOR PATRICK: So moved, Mr. President.

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

LT. GOVERNOR DEWHURST: There being 31 ayes and no nays, Senate Bill 838 is finally passed.

SENATOR PATRICK: Thank you for your patience and thank you for your indulgence.

LT. GOVERNOR DEWHURST: Thank you. 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 introduction of the following bills: Senate Bill 1910 by Rodriguez relating to the delay of the transition for competition for an electric utility located in the western utility district coordinating council service area. Senate Bill 1912 by Wentworth relating to private entity granted care and custody of the Alamo. Motion by Whitmire.

LT. GOVERNOR DEWHURST: Thank you. Members, you heard the motion by Senator Whitmire. Is there objection from any member? Chair hears no objection from any member and the motion is adopted. The Chair lays out the following resolution SCR44 by Senator Whitmire. The secretary will read the resolution.

PATSY SPAW: SCR44 by Whitmire granting permission for either House to adjourn for more than three days for the period beginning Thursday April 21st and ending Tuesday April 26th, 2011.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Whitmire on the resolution.

SENATOR WHITMIRE: I so move, Mr. President.

LT. GOVERNOR DEWHURST: Thank you, Dean. Members, you've heard the motion by Senator Whitmire. Is there objection from any member? Chair hears no objection and the resolution is adopted. The following motion in writing. The secretary will read the motion in writing.

PATSY SPAW: Mr. President, I ask unanimous consent for Senate Bill 1085 relating to the fees collected by district court cost clerks to fund basic civil league services to be withdrawn from the committee of civil jurisprudence and rereferred to the committee on finance. Senator Wentworth author, Senator Harris, chair committee for which bill is being withdrawn, Senator Ogden, Chair committee to which committee is being rereferred.

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 in writing is adopted. Members, the president's desk is clear. The president's desk is clear. Are there any announcements? Yes, there are. Chair recognizes Senator Eltife for an announcement.

SENATOR ELTIFE: Mr. President, if it's okay, I have an announcement and a motion. Mr. President and members, the local and uncontested calendar session will be held Thursday April 21st at 8:00 a.m. The deadline to turn in bills to have them considered for next week's local and uncontested calendar is today at 4:00 p.m. Mr. President, I also move to suspend Senate rule 11.13 so that committees can meet tomorrow morning during the local and uncontested calendar session and today during the reading and referral of bills.

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

SENATOR ELTIFE: Thank you, Mr. President.

LT. GOVERNOR DEWHURST: Thank you. The Chair recognizes Senator Whitmire for an announcement or a motion?

SENATOR WHITMIRE: I'd like to move to suspend Senate rules 11.10 and 11.18 so the committee on criminal justice can meet at my desk upon adjournment to take up pending business, please.

LT. GOVERNOR DEWHURST: Members, you heard the motion by Senator Whitmire to suspend the Senate rules 11.10 and 11.18 to enable the criminal justice committee to meet at his desk. Is there objection from any member? The Chair hears no objection and the motion is adopted. The rules are suspended. The Chair recognizes Senator Duncan for an announcement.

SENATOR DUNCAN: Thank you, Mr. President and members. The Senate committee on state affairs will meet upon adjournment at my desk to vote on pending legislation. This is legislation that has been posted with 24 hours' notice.

LT. GOVERNOR DEWHURST: Thank you, Senator Duncan. Chair recognizes Senator Estes for a motion.

SENATOR ESTES: Thank you, Mr. President. I move to suspend the Senate rules 11.10 and 11.18 to ask that the Senate committee on agriculture and rural affairs can meet today April 20th immediately upon adjournment at my desk to consider a pending bill and that pending bill is SB1035 by Seliger on equine dentistry.

LT. GOVERNOR DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Estes to suspend Senate rules 11.10 and 11.18 to meet at his desk. Is there objection from any member? Chair hears no objection and the rules are suspended. Chair recognizes Senator Lucio for an announcement.

SENATOR LUCIO: Thank you, Mr. President and members. I'd like to move to suspend the 24-hour posting rule in accordance with the Senate rules 11.10 and 11.18 in order for the Senate committee on international relations and trade so they can meet today Wednesday April 20th here immediately upon adjournment at my desk to take up and consider pending business. Two simple bills, Mr. President.

LT. GOVERNOR DEWHURST: Thank you, Senator Lucio. Members, you heard the motion by Senator Lucio to suspend the Senate rules 11.10 and 11.18 to enable his committee to meet at his desk following adjournment. Is there objection from any member? The Chair hears no objection, so ordered.

SENATOR LUCIO: Thank you, Mr. President.

LT. GOVERNOR DEWHURST: Thank you, Senator Lucio. Chair recognizes Senator West for an announcement.

SENATOR WEST: Thank you very much, Mr. President. Members, the Senate intergovernmental relations will convene at 30 minutes, 30 minutes upon adjournment of the Senate. That time should be, let's say it's going to be 3:25, Mr. President.

LT. GOVERNOR DEWHURST: 3:25. Thank you. Thank you, Senator West. Chair recognizes Senator Jackson for an announcement.

SENATOR JACKSON: Thank you, Mr. President. Members, the Senate committee on economic development will meet immediately upon adjournment at my desk to take up two pending bills and two bills that are posted -- that have been posted already but will meet at my desk immediately upon adjournment. Thank you.

LT. GOVERNOR DEWHURST: Are there any additional announcements? Chair recognizes Senator Ogden for an announcement.

SENATOR OGDEN: Mr. President and members, finance will reconvene at 3:30 and because of the issues involved, we'll need everybody there.

LT. GOVERNOR DEWHURST: Thank you, Senator Ogden. Members, are there any additional announcements? Chair recognizes the Dean for an announcement and for a privileged -- okay.

SENATOR WHITMIRE: Yes, sir. If we could get everyone's attention, Senator Zaffirini would like to be recognized.

LT. GOVERNOR DEWHURST: The Chair recognizes Senator Zaffirini.

SENATOR ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I request that the Senate adjourn nod memory of a 25 year old hero from Beeville in my senatorial district. Specialist Charles J. Wrenn died when insurgents attacked his unit on April 16th while he was supporting Operation Enduring Freedom in southern Afghanistan. He has received the bronze star, the purple heart, the army commendation medal and the combat infantry badge. Members, he was a true hero and his family certainly will miss him and I know that all of you will keep them in your prayers. Mr. President and members, I ask that we adjourn today in memory of Specialist Charles J. Wrenn from Beeville.

LT. GOVERNOR DEWHURST: Thank you, Senator Zaffirini.

SENATOR WHITMIRE: Mr. President, pending the reading and referral of bills 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. At the conclusion of that calendar the Senate will adjourn until 11:00 a.m. Tuesday April 26th and we do so in memory of Nicholas Terri Williams and Specialist Charles Wrenn.

LT. GOVERNOR DEWHURST: Dean, were you going to, was there going to be a (inaudible) caucus this afternoon?

SENATOR WHITMIRE: I understand there's several committees meetings. Shortly upon them there'll be a brief caucus, and then I think everyone has to run over to finance.

LT. GOVERNOR DEWHURST: All right. Members, you heard the motion by Senator Whitmire. Is there objection from any member? The Chair hears no objection and pending the reading and referral of bills the Senate stands in recess until 8:00 a.m. tomorrow to consider the local calendar and in conclusion of the local calendar the Senate will stand adjourned until 11:00 a.m. Tuesday April the 26th.

PATSY SPAW: Senate Bill 1910 by Rodriguez relating to the delay of the transition to competition for an electric utility located in the western electricity coordinating council service area. To Business and Commerce. Senate Bill 1911 by Zaffirini relating to the creation of the Webb County Municipal Management District; providing authority to impose a tax, levy an assessment, and issue bonds. To Intergovernmental Relations. Senate Bill 1912 by Wentworth relating to the private entity granted care and custody of the Alamo. To Administration. House Bill 11. To Administration. House Bill 27. To Criminal Justice. House Bill 35. To Health and Human Services. House Bill 42. To Transportation Homeland Security. House Bill 46. To Agriculture and Rural Affairs. House Bill 71. To Transportation and Homeland Security. House Bill 109. To Transportation and Homeland Security. House Bill 118. To Health and Human Services. House Bill 119. To Criminal Justice. House Bill 125. To Natural Resources. House Bill 175. To Business and Commerce. House Bill 184. To State Affairs. House Bill 191 to Transportation and Homeland Security. House Bill 218 to Natural Resources. House Bill 252. To Finance. House Bill 253. To Health and Human Services. House Bill 266. To Government Organization. House Bill 289. To Criminal Justice. House Bill 308. To Transportation and Homeland Security. House Bill 328. To Government Organization. House Bill 336. To State Affairs. House Bill 338. To Agriculture and Rural Affairs. House Bill 341. To Criminal Justice. House Bill 360. To State Affairs. House Bill 362. To Intergovernmental Relations. House Bill 364. To Intergovernmental Relations. House Bill 371. To Criminal Justice. House Bill 411. To Health and Human Services. House Bill 412. To Agriculture and Rural Affairs. House Bill 413. To Agriculture and Rural Affairs. House Bill 414. To Agriculture and Rural Affairs. House Bill 423. To Transportation and Homeland Security. House Bill 441. To Transportation and Homeland Security. House Bill 443. To Criminal Justice. House Bill 444. To Natural Resources. House Bill 460. To Intergovernmental Relations. House Bill 468. To Transportation and Homeland Security. House Bill 479. To Economic Development. House Bill 500. To Education. House Bill 530. To Criminal Justice. House Bill 533. To Finance. House Bill 534. To Intergovernmental Relations. House Bill 558. To Business and Commerce. House Bill 564. To Intergovernmental Relations. House Bill 571. To Natural Resources. House Bill 588. To Transportation and Homeland Security. House Bill 596. To Transportation and Homeland Security. House Bill 600. To Redistricting. House Bill 630. To Transportation and Homeland Security. House Bill 634. To Transportation and Homeland Security. House Bill 645. To Intergovernmental Relations. House Bill 675. To Education. House Bill 682. To Government Organization. House Bill 690. To Criminal Justice. House Bill 709. To Intergovernmental Relations. House Bill 725. To Natural Resources. House Bill 726. To Administration. House Bill 729. To Intergovernmental Relations. House Bill 734. To Jurisprudence. House Bill 755. To State Affairs. House Bill 811. To Intergovernmental Relations. House Bill 840. To Intergovernmental Relations. House Bill 841. To Jurisprudence. House Bill 849. To Natural Resources. House Bill 871. To Health and Human Services. House Bill 886. To Intergovernmental Relations. House Bill 902. To Intergovernmental Relations. House Bill 908. To Jurisprudence. House Bill 930. To Finance. House Bill 942. To Jurisprudence. House Bill 943. To Health and Human Services. House Bill 960. To Natural Resources. House Bill 962. To Jurisprudence. House Bill 965. To Natural Resources. House Bill 975. To Intergovernmental Relations. House Bill 988. To Criminal Justice. House Bill 989. To Business and Commerce. House Bill 994. To Criminal Justice. House Bill 1000. To Higher Education. House Bill 1010. To Transportation and Homeland Security. House Bill 1020. To Business and Commerce. House Bill 1028. To Criminal Justice. House Bill 1032. To State Affairs. House Bill 1040. To Economic Development. House Bill 1072. To Jurisprudence. House Bill 1075. To Transportation and Homeland Security. House Bill 1083. To Criminal Justice. House Bill 1106. To Criminal Justice. House Bill 1116. To Transportation and Homeland Security. House Bill 1136. To State Affairs. House Bill 1147. To Open Government. House Bill 1173. To Criminal Justice. House Bill 1201. To Transportation and Homeland Security. House Bill 1215. To Criminal Justice. House Bill 1293. To Intergovernmental Relations. House Bill 1301. To Transportation and Homeland Security. House Bill 1305. To Transportation and Homeland Security. House Bill 1322. To Agriculture and Rural Affairs. House Bill 1330. To Transportation and Homeland Security. House Bill 1334. To Education. House Bill 1346. To Agriculture and Rural Affairs. House Bill 1376. To Transportation and Homeland Security. House Bill 1405. To State Affairs. House Bill 1413. To Intergovernmental Relations. House Bill 1417. To Intergovernmental Relations. House Bill 1422. To Transportation and Homeland Security. House Bill 1473. To Transportation and Homeland Security. House Bill 1495. To Government Organization. House Bill 1496. To Intergovernmental Relations. House Bill 1499. To Transportation and Homeland Security. House Bill 1504. To Government Organization. House Bill 1524. To Intergovernmental Relations. House Bill 1525. To Intergovernmental Relations. House Bill 1527. To Agriculture and Rural Affairs. House Bill 1560. To Economic Development. House Bill 1570. To State Affairs. House Bill 1573. To Criminal Justice. House Bill 1756. To Intergovernmental Relations. House Bill 1757. To Intergovernmental Relations. House Bill 1758. To Intergovernmental Relations. House Bill 1770. To Criminal Justice. House Bill 1804. To Business and Commerce. House Bill 1814. To Natural Resources. House Bill 1829. To Health and Human Services. House Bill 1869. To Intergovernmental Relations. House Bill 1885. To Intergovernmental Relations. House Bill 1891. To Criminal Justice. House Bill 1901. To Natural Resources. House Bill 1904. To State Affairs. House Bill 1932. To Intergovernmental Relations. House Bill 1944. To Natural Resources. House Bill 1952. To Business and Commerce. House Bill 1953. To Business and Commerce. House Bill 1955. To State Affairs. House Bill 1956. To Business and Commerce. House Bill 1967. To Intergovernmental Relations. House Bill 1981. To Natural Resources. House Bill 2007. To intergovernmental Relations. House Bill 2015. To Criminal Justice. House Bill 2035. To Business and Commerce. House Bill 2124. To Criminal Justice. House Bill 2154. To State Affairs. House Bill 2193. To State Affairs. House Bill 2826. To Government Organizations. House Concurrent Resolution 33. To Administration. House Concurrent Resolution 63. To Administration. House Concurrent Resolution 68, to Criminal Justice.

SENATOR URESTI: Pursuant a -- members, pursuant to a motion previously adopted, the Senate will stand adjourned -- recessed until 8:00 a.m. tomorrow morning.

(Adjourned.)