Senate Transcript, May 10, 2011

LT. GOVERNOR DAVID DEWHURST: 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 DAVID DEWHURST: Thank you, madam secretary. The Chair recognizes Senator Ogden to introduce our pastor for the day.

SENATOR STEVE OGDEN: Members, it's my honor to introduce a long time friend of the family and a long-time pastor to many of my relatives. Monsignor Louis Pavlicek was ordained in 1971 and in 2006 Pope Benedict the 16th appointed him as Chaplain Holiness with the title of Monsignor. He was recognized for his outstanding ministry as a pastor, parish priest and leader in many diocese projects over 35 years. He's currently the pastor of St. Helens Church in Georgetown. The church is growing with 2200 registered families and is expanding and is a thriving church in Georgetown, Texas and I want to thank him. And I'd ask you to pray with us and Monsignor Louis Pavlicek from Saint Helen Catholic Church, Georgetown.

LT. GOVERNOR DAVID DEWHURST: Thank you so much, Senator Ogden. If members on the floor would please rise and the in the gallery please rise as the invocation as Senator Ogden just introduced by Monsignor Louis Pavlicek, Saint Helen Catholic Church, Georgetown.

PASTOR: Let us pray. Loving and gracious God, the giver of life and sustainer of life, we pray for the Members of the Senate of the State of Texas. They have been entrusted with the responsibility of the highest deliberative and legislative function of our state. Bless them with the gift of wisdom in decision making and governance. May the laws which they enact in cooperation with the other governing bodies, be permeated with the eternal values which reflect Your vision for all of creation, namely, the sanctity of human life, justice, equality, truthfulness, peace, and a concern for the common good. May their efforts to be good stewards be pleasing to You, we pray, now and forever. Amen.

LT. GOVERNOR DAVID DEWHURST: Thank you, Monsignor, thank you. Ladies and gentlemen please be seated. Thank you so much. Thank you. 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 messenger from the House.

LT. GOVERNOR DAVID DEWHURST: Admit the messenger.

MESSENGER: Thank you, Mr. President. Mr. President, I'm directed by the House to inform the Senate that the House has taken the following action, the House has passed the following measures. HB274 by Creighton relating to the reform of certain remedies and procedure in civil action --

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Watson for an introduction.

SENATOR KIRK WATSON: Thank you very much, Mr. President. Members, I am pleased to introduce our doctor for the day. We are joined today by Dr. Timothy Vachris. Dr. Vachris was born and raised in Houston, Texas. He attended St. Thomas High School and graduated from the University of St. Thomas with a BA in biology and Spanish. He went on to earn his medical school degree from the University of Houston Medical in 2005 and completed his residency in family medicine at Memorial Southwest Family Residency in Sugarland. While in residency he developed an interest in sports medicine and health with the care of athletes at the University of St. Thomas. After completing his residency in 2008 he moved to Rancho Cucomanga, normally I wouldn't have brought that up as far as his credentials but I just wanted to say Cucomanga. He went to Rancho Cucomanga, California to complete his primary care sports medicine fellowship at Kaiser Permanente in Fontana, California. He's provided sports medicine coverage as a team physician for Clairmonte McKenna College, Cal State University, San Bernandino in addition to Los Olsos High School. He started practicing at Texas Family Sports and Medicine in August of 2009 and was appointed the assistant team physician for inter-college athletics at the University of Texas at Austin and he'll be working specifically with women's basketball while also providing coverage for other events. Folks, members, please help me thank Dr. Timothy Vachris for being with us today and congratulate him for being the doctor of the day. Dr. Vachris, thank you.

LT. GOVERNOR DAVID DEWHURST: Members, the Chair lays out Senate Resolution No. 955 by Senator Ellis and Senator West. Secretary will read the resolution in full.

PATSY SPAW: Senate Resolution 955. WHEREAS, The Senate of the State of Texas is pleased to recognize the 50th anniversary of the Freedom Rides of 1961 and to welcome Robert Farrell, a participant in those historic efforts, which played a key role in the struggle for racial equality in the United States; and WHEREAS, In May of 1961, an interracial group of bus riders set out to test the new law that forbade segregation in interstate transportation; organized by the Congress of Racial Equality and the Student Nonviolent Coordinating Committee, these riders employed the strategy of nonviolence to draw attention to the multiple injustices of segregation; and WHEREAS, The rides began in Washington, D.C., where two teams of riders boarded buses to travel to New Orleans, with their route taking them through the deep South and exposing them to the threat of violent reprisals; the start of the trip went well, and the group was welcomed in Atlanta by Dr. Martin Luther King, Jr.; later along the route, however, the buses were attacked and riders were beaten by crowds; and WHEREAS, The Freedom Riders' refusal to be intimidated, their steadfast and righteous defiance, and their brave commitment to their mission helped bring about the nationwide public realization that integration was a moral imperative while also inspiring the immediate and direct support of hundreds of young people, both black and white, who came from across the country to join them; and WHEREAS, In August of that same year, another group of riders, including Robert Farrell, set forth from Los Angeles by train to further the cause of helping our nation implement the ideals of its founding; these riders were arrested and jailed in Houston for nonviolently attempting to desegregate that city's Union Station Coffee Shop; and WHEREAS, These struggles for equality brought to the forefront many young people whose experiences in the Freedom Rides inspired them to become leaders in the civil rights movement and in their communities; leaders such as Congressman John Lewis of Georgia and longtime Los Angeles Councilman Robert Farrell have served as an inspiration to generations of activists working to effect societal change; and WHEREAS, The Freedom Rides played a vital role in bringing attention to the inequities faced by African Americans in this country; it is truly fitting that they be recognized as a vital part of our shared history on the occasion of their 50th anniversary; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby commend the Freedom Riders on their courage and their dedication to equal rights and call on all Texans to recognize their historic contributions to bringing our nation closer to its principles and ideals; and, be it further RESOLVED, That a copy of this Resolution be prepared in honor of this significant occasion in our nation's history. By Ellis and West.

LT. GOVERNOR DAVID DEWHURST: Thank you, madam secretary. Chair recognizes Senator Ellis to explain the resolution.

SENATOR RODNEY ELLIS: Thank you, Mr. President and members. It's hard to imagine that in 1961 that people who looked like me couldn't eat at a public restaurant in our state but that is the case. We had a lot of good people like our guest who's with me today who came into your state to integrate lunch counters. It's interesting, Senator Davis, in 1961 when they decided to integrate a lunch counter, the first ones were integrated by virtue of court decree from the U.S. Supreme Court but you had to be involved in interstate travel so if someone had gone to just a regular restaurant or diner, it would have been illegal. But because of Supreme Court action if you had a bus ticket, a train ticket or a plane ticket interstate travel you were allowed to go into a restaurant. But in Texas we didn't enforce that federal law. Unfortunately as many events of the Freedom Trail have unfolded while students who were fighting for change, who were committing to changing things, in places like Texas it took a long time for that to happen and we still fight some of those battles today. She mentioned that this is the 50th anniversary of the Freedom Rides. On Monday May 16th PBS will air a documentary on the Freedom Rides and focus on those that answered the call of history and who risked their lives to change things in America. That documentary is a snapshot in the past, that's not always what we wish it to be but one we must never forget. Fifty years later we made great strides but we still have a lot of work to do, we ought not pretend that journey is complete. Members, with us today we have a great Californian by way of Natches, Mississippi. He was a California Freedom Rider, Bob Farrell was on the LA city council for 17 years, he worked as an aid to a state assemblyman, worked for Mayor Tom Bradley. In 1961 at years old fresh out of UCLA he joined several college students in Los Angeles and headed east determined to make a stand for change. He and his fellow riders were recently featured on the Oprah Winfrey show and she pointed out that they played a key role in that PBS documentary that we're going to see next week. Bob Farrell's determination and that of his fellow Freedom Riders helped to change Texas and helped make it possible for Senator West and for me to be here today. Members, would you please join me in welcoming my good friend Bob Farrell coming back to Texas some 50 years later to the Texas Senate. And I would move adoption.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Van de Putte on the resolution.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Senator Ellis, thank you very much for this much needed recognition. You know, the portraits and the paintings in this hollowed Senate chamber remind us of the struggles, the struggles for independence, the struggles for equality, the struggle for state rights and there's one picture that's right behind you, that of Senator Henry B. Gonzales who went on to Congress who is -- I don't know if he still holds that filibuster record but did so in filibustering the efforts that were to continue the segregation in this state. And so while those who may not, our youngsters who have not been impacted, they've known a Texas that is a different Texas. But I thank you because two weeks ago I visited one of the great treasures of San Antonio, the Majestic Theater and I still have such a feeling of awe, just amazement because the building is fabulous. But as a child I could not sit in the orchestra area, you see that beautiful famous building has three areas. It has an orchestra area, a mezzanine and it has a balcony. And when I was a little girl, well, the folks who had Spanish in their names or who had little brown skin could only sit on the entrance and we sat on the mezzanine. And then, Senator Ellis, folks that looked like you and Mr. Farrell here sat in the orchestra, I mean, not in the orchestra, you were in the balcony and so there was a segregation, it was a division. And so you can imagine the joy that everyone had that because of the court cases when even a city like San Antonio which is very culturally mixed, not so long ago that I was in junior high, before we could go to Landa Park, before we could sit in the orchestra and I think people don't remember and I want to herald that today because we do need to remember that history so it's not ever repeated anywhere or by inconsequential actions that we may have. Mr. Farrell, I want to congratulate you because when you boarded that bus as a young man there were death threats and everyone who boarded that bus knew that your life could be taken. It wasn't just a ride, there were threats, there were instances of violence and so for peace and desegregation to move forward there were people who had visible symbol and you were that visible symbol. I congratulate you today and being here to remind us that we must never allow that to happen where folks are treated so differently just because who their mama and daddy are, that they can't even sit in the same floor with each other. Thank you, Senator Ellis.

SENATOR RODNEY ELLIS: Thank you, Senator.

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

SENATOR ROYCE WEST: Thank you very much, Mr. President. You know, we stand at a point in time in history some 50 years later celebrating this moment and I can only kind of think back of when you got on that bus really what was going through your mind and we'll talk about it in private. But did you really appreciate what you and others were doing, going on those freedom rides at a young age? Could you have anticipated being on the floor of the state Senate of Texas this day and many of us talking about the importance of that moment in history. Given the fact that some of the things that you and others endured while on those rides in order to make America a better country, look at the president of the United States, African male here in the state of Texas today, will be in Austin today. He didn't become president of the United States because he's African American, he became president because the majority of Americans thought that he was the best person at that point in time to be president of the United States. I am wondering, Mr. Farrell, did you even think about that possibility when you boarded that bus? I wondered if you even thought about those possibilities when you were being faced with probably some of the most adverse situations at that time in your life that you ever witnessed. I wonder whether you thought that this great state of Texas would have women, Hispanics, African Americans, as part of their deliberative body probably didn't, probably was a young lady also on that bus but I'll defer to that a little bit later. But the reality is this. I stand with my colleague, Rodney Ellis, and others to stop just at this particular moment and say thank you for getting on the bus and not just being on the bus but making certain that you carried a message of hope for the entire country and that your life has been an exemplification of making certain that we bring America together as opposed to keeping it divided. So I join with my colleague as a coauthor of this resolution and I say thank you, just a simple thank you for getting on the bus and having the courage to stay on the bus. Thank you, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator West. Chair recognizes Senator Ellis to close.

SENATOR RODNEY ELLIS: Mr. President, in closing I'd just like to mention that I've known Bob Farrell about 30 years through political circles and he never mentioned to me that he was a freedom rider. He called about a week or so and said, I'm coming to Houston and I'd like to see you for a PBS documentary, some tribute to the Houston freedom riders and I asked, why are you coming. And he said, because I was a freedom rider. And I join Senator West in thanking you. I went through those clips and it was interesting, last night he stayed with me. We went through some of the newspaper clips through the Houston Chronicle and it was interesting that he pointed out to me it was the white kids who got on the train in addition to being locked up for ten days with Bob Farrell and the other blacks, Hispanics, it was the white kids were brutalized in part because I think the system resented them most of all for trying to help people of color join the mainstream of our society. So Bob Farrell, we thank you and we pay honor to you. Junior Bond was here last week and he'd been over at the LBJ school, he didn't have time to come over to the Capitol but I did get to take a tour of the LBJ library, the private quarters that you're going to be able to see today, but we honor you and we appreciate you opening doors for Texas and we're keeping up the fight. Colleagues, he certainly doesn't look like a guy who's 74 years old, does he? That freedom ride must have had a little bit of walking as well because he is a good looking and fit 74-year-old leader on a bicycle. I move passage of this resolution, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you. Senator Ellis. Members, you have heard the motion by Senator Ellis, is there objection from any member? Hearing no objection from any member the resolution is adopted. Members, if there's no objection I'd like to postpone the reading and referral of bills until the end of today's session. Is there any objection from any member? Hearing no objection from any member, so ordered. Chair recognizes Senator Patrick for an announcement.

SENATOR DAN PATRICK: Thank you, Mr. President and members. Today is a historic day. It was on this date in 1888, Mr. President and members, that the first senators convened in this chamber. So 1888 on this day the first time ever the senators stepped on this floor to conduct business and I hope we honor that by doing some good today on the Senate floor. It's been a great tradition and it's great to be a part of it. Thank you, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Patrick. Chair recognizes Senator Deuell. Are you ready to do the 24? The Chair recognizes Senator Deuell to give notice.

SENATOR BOB DEUELL: Thank you, Mr. President. On Wednesday I'll move to confirm the nominees listed on our action packet placed on your desk. These nominees were taken up yesterday Monday at our May 9th meeting.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Deuell. Members, that concludes the morning call. The Chair recognizes Senator Nichols for a motion to suspend the Senate's regular order of business to take up and consider House Bill 444.

SENATOR ROBERT NICHOLS: Thank you, Mr. President. I move to suspend is the Senate's regular or of business to take and were consider House Bill 444. Members, this bill passed out of the House unanimously 142 to zero. Currently when a permanent application is filed for a new underground injection well TCEQ is required to notify the Department of State Health Services, local governments within the county, landowners, mineral right owners adjacent to the property. However there is no existing requirement that the applicant must provide a copy of the application to the local groundwater conservation district. House Bill 444 requires the executive director of TCEQ to provide a copy of that application to the governing body of the groundwater conservation district of new permit applications for wells within their district. The bill does not give any new powers to the district, simply ensures they receive a copy of the application. With that I move suspension of the Senate's regular order of business.

SENATOR KEVIN ELTIFE: Senator Nichols moves to suspend the regular order of business to take up and consider House Bill 444. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 444. The secretary will read the caption.

PATSY SPAW: House Bill 444 relating to notification of applications for permits for certain injection wells.

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

SENATOR ROBERT NICHOLS: Mr. President and members, I move passage of House Bill 444 to engrossment.

SENATOR KEVIN ELTIFE: Senator Nichols now moves passage to third reading, is there objection? The Chair hears none, House Bill 444 is passed to third reading. Senator Nichols, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, the rule is suspended. Senator Seliger, did you wish to be recognized? No problem. Chair lays out on third reading and final passage House Bill 444. The secretary will read the caption.

PATSY SPAW: House Bill 444 relating to notification of applications for permits for certain injection wells.

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

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

SENATOR KEVIN ELTIFE: Senator Nichols now moves final passage of House Bill 444. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, House Bill 444 is finally passed. Congratulations, Senator Nichols.

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

SENATOR KEVIN ELTIFE: Senator Van de Putte, you're recognized for an introduction.

SENATOR LETICIA VAN DE PUTTE: Thank you Mr. President. Mr. President and members, I'd like to recognize some special guests that we have in the gallery from SAM Ministries. This is the San Antonio Metropolitan Ministries in the downtown area. Particularly we have a guest Phillip Bogochow who's in the gallery along with SAM Ministries staff, Erica Hizel and Pamela Harper. SAM is an interfaith ministry that's dedicated to providing shelter and care to the homeless in San Antonio and programs that they offer including the life skills job training, financial management, parenting classes and more. I'm involved in SAM and that the church that I belong to St. Joseph's downtown is part of SAM Ministries and alone SAM has served over 8,000 individuals including 3,000 children last year with the shelter prevention. We want to especially recognize Phillip as he moves in transition shows great courage, someone who has been homeless and now is getting that transition training to be totally productive. If you would please stand up, welcome to your Texas Senate, we'd like to recognize Phillip Bogochow and the members of SAM Ministries. Thank you very much.

SENATOR KEVIN ELTIFE: Thank you, Senator Van de Putte. Senator Harris, you're recognized for a motion to suspend the regular order of business on Committee Substitute House Bill 908.

SENATOR CHRIS HARRIS: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider Committee Substitute to 908 at this time. This bill relates to fraud committed by a spouse against the community estate. Move suspension.

SENATOR KEVIN ELTIFE: Senator Harris moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 908. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading committee stout to Senate Bill 908. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 908 relating to the division of community property on dissolution of marriage.

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

SENATOR CHRIS HARRIS: Mr. President, I move suspension.

SENATOR KEVIN ELTIFE: Senator Harris now moves passage to third reading Committee Substitute House Bill 908. Is there objection? Chair hears none, Committee Substitute House Bill 908 is passed to third reading. Senator Harris is recognized for a motion to suspend the constitutional three day rule.

SENATOR CHRIS HARRIS: Mr. President, I move passage of Committee Substitute to House Bill 908 to engrossment.

SENATOR KEVIN ELTIFE: Senator Harris now moves suspension of the constitutional three day route. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, rule is suspended. Chair lays out on third reading and final passage Committee Substitute to House Bill 908. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 908 relating to division of community property on dissolution of marriage.

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

SENATOR CHRIS HARRIS: Mr. President, I move final passage.

SENATOR KEVIN ELTIFE: Senator Harris now moves final passage of Committee Substitute to House Bill 908. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute to House Bill 908 is finally passed. Congratulations, Senator Harris.

SENATOR CHRIS HARRIS: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Senator Seliger is recognized for a motion to suspend the regular order of business on Senate Bill 371.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider Senate Bill 371 at this time relating to the eligibility for service retirement annuity of certain elected officials convicted of crimes. Of the ten largest states only Texas and New York lack a pension forfeiture law for state elected officials. Currently Texas law already requires all elected and appointed judges to forfeit judicial system retirement pensions upon impeachment Or removal for official misconduct. Senate Bill 371 would require that the employee retirement system of Texas suspend pension payments to a former state representative, Senator or elected official in an executive branch after he or she is convicted of felony offenses arising directly from their official duties. The specific offenses that would trigger the elimination of annuity would include bribery, theft of public money, perjury, conspiracy, or the attempt to commit any of the four mentioned crimes arising directly from the official duties of such elected office. I move suspension.

SENATOR KEVIN ELTIFE: Senator Seliger move suspension of the regular order of business to take up and consider SB371. Is there objection? The Chair hears none, rule is suspended. The Chair lays out on second radding SB371. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 371 relating to eligibility for service retirement annuities for certain elected officials convicted of certain crimes.

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

SENATOR KEL SELIGER: Mr. President, I move passage to engrossment of Senate Bill 371.

SENATOR KEVIN ELTIFE: Senator Seliger now moves passage to engrossment. Is there objection? Chair hears none, SB371 is passed to engrossment. Senator Seliger, you're recognized to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes and zero nays the rule is suspended. The Chair lays out on third reading and final passage of SB371. The secretary will read the caption.

PATSY SPAW: SB371 relating to the eligibility or service retirement annuities of certain elected officials convicted of certain crimes.

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

SENATOR KEL SELIGER: Mr. President, I move final passage of Senate Bill 371.

SENATOR KEVIN ELTIFE: Senator Seliger now moves final passage of Senate Bill 371. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays SB371 is finally passed. Congratulations, Senator Seliger.

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

SENATOR KEVIN ELTIFE: Senator Wentworth is recognized for a motion to suspend the regular order of business Committee Substitute to SB669.

SENATOR JEFF WENTWORTH: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider the Committee Substitute for Senate Bill 669 relating to request for inspect or be provided with copies of information under the public information law. Some information request under the Public Information Act require substantial time to complete especially when entire e-mail accounts are requested. Although the act allows governmental entities to charge for copy costs and employee time to make copies of e-mail records, the government cannot currently charge for printing cost or personnel time for inspection only requests even though the same amount of time and resources is often required. This legislation would allow governmental entities to recover the cost of employee time for preparing copies of emails provided to or inspected by the requester. The Committee Substitute also authorizes governmental bodies to post information responsive to public information request on the internet and ensures that a requester can access the information either on the internet or in an alternative format acceptable to the requester. Additionally under the Information Public Act a governmental entity is required to provide the requester a written cost estimate when the anticipated cost to respond exceeds $40. The requester has ten business days to accept this cost or to narrow or abandon the request. If the governmental entity wishes to withhold certain information a government must also seek a ruling from the attorney general within ten business days after a request is made. Committee Substitute for Senate Bill 669 provides that applicable deadlines are tolled when the requester modifies the original request and finally the Committee Substitute adds a new section 55.276 that allows governmental bodies to charge the actual cost of producing information responsive to a public information request when the requester has made seven or more requests in a single month. The media and certain others are not required to pay these charges. In conclusion the Committee Substitute for Senate Bill 669 is the product of the recommendations in testimony of a number of stakeholders including county and municipal governments, water conservation districts, University of Texas system, media interest, the office of the attorney general and others. The intent of the legislation is to ensure public access to information as freely as possible while at the same time avoiding undue expense to governmental bodies and thus the taxpayers. Mr. President, I move to suspend the regular order of business to take up this bill.

SENATOR KEVIN ELTIFE: Senator Wentworth moves suspension of the regular order of business to take up and consider Committee Substitute SB669. Is there objection? The Chair hears none, rule is suspended. The Chair lays out on second reading SB669. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB669 relating to requests or be provided with copies of information under the public information law.

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

SENATOR JEFF WENTWORTH: Mr. President, I move passage to engrossment of Committee Substitute for Senate Bill 669.

SENATOR KEVIN ELTIFE: Senator Wentworth now moves passage to engrossment, is there objection? Chair hears none, Committee Substitute SB669 is passed to engrossment. Senator Wentworth, you're recognized the for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, rule is suspended. The Chair lays out on third reading and final passage SB669. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 669 relating to inspection or be provided copies with information under the public information law.

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

SENATOR JEFF WENTWORTH: I move final passage of Committee Substitute for Senate Bill 669.

SENATOR KEVIN ELTIFE: Senator Wentworth now moves final passage of Committee Substitute for Senate Bill 669. Secretary call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute SB6619 finally passed. Congratulations, Senator Wentworth.

SENATOR JEFF WENTWORTH: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Senator Davis is recognize for a motion to suspend the regular order of business Committee Substitute to House Bill 843.

SENATOR WENDY 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 House Bill 843. The Committee Substitute to House Bill 843 seeks to provide tax offices with the discretion to offer paperless electronic tax bills to taxpayers who have by written agreement with an assessor offered to receive their bills through electronic delivery. This would be a cost savings measure for assessors who have the resources available to provide such paperless bills. Mr. President, I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Davis moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 843. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute to House Bill 843. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 843 relating to the use of the electronic means for the delivery of ad valorem tax bills.

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

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

SENATOR KEVIN ELTIFE: Senator Davis now moves passage to third reading, is there objection? Chair hears none, Committee Substitute House Bill 843 is passed to third reading. Senator Davis, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR WENDY DAVIS: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 843. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 843 relating to the use of electronic means for the use of ad valorem tax bills.

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

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

SENATOR KEVIN ELTIFE: Senator Davis now moves final passage of Committee Substitute to House Bill 843. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute to House Bill 843 is finally passed. Congratulations, Senator Davis.

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

SENATOR KEVIN ELTIFE: Senator Nichols is recognized for a motion to suspend the regular order of business House Bill 755.

SENATOR ROBERT NICHOLS: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider House Bill 755. Under current law if a person switches employment from the Texas retirement system -- excuse me, from the teachers retirement system to the employee retirement system certain dependents lose group health insurance. I happen to have a person in my district who had worked for the Palestine Independent School District went to work for the Windham School District, she had a dependent child 25, she was told that she would be covered by it. It turns out that if you're covered under TRS the day she went under ERS she could no longer provide eligibility independence. House Bill 755 allows a dependent child over the age of 25 to qualify for coverage if on the day the child's parent becomes eligible to participate in the Texas employees group program one, the dependent is wrote in as parent's dependent and health benefits coverage under the Texas public retirement group TRS or the Texas school employees uniform group health coverage or the state university employee's uniform insurance benefit or is in continued coverage under COBRA. This bill passed out of House pensions and investment 142 to one in the House. There is no fiscal note. With that I move suspension of the regular order of business.

SENATOR KEVIN ELTIFE: Senator Nichols moves suspension of the regular order of business to take up and consider House Bill 755. Is there objection? The Chair hears none, rule is suspended. The Chair lays out on second read House Bill 755. The secretary will read the caption.

PATSY SPAW: House Bill 755 relating to eligibility of certain dependents for coverage under the state employee group benefits program.

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

SENATOR ROBERT NICHOLS: Mr. President and members, I move passage of House Bill 755 to engrossment.

SENATOR KEVIN ELTIFE: Senator Nichols moves passage to third reading. Is there objection? The Chair hears none, House Bill 755 is passed to third reading. Senator Nichols, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

PATSY SPAW: House Bill 755 relating to eligibility of certain dependents for coverage under the state employee group benefits program.

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

SENATOR ROBERT NICHOLS: Mr. President and members, I move final passage of House Bill 755.

SENATOR KEVIN ELTIFE: Senator Nichols moves final passage of House Bill 755. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, House Bill 755 is finally passed. Congratulations, Senator Nichols.

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

SENATOR KEVIN ELTIFE: Senator Rodriguez is recognized for a motion to suspend the regular order of business on House Bill 1380.

SENATOR JOSE RODRIGUEZ: Mr. President and members, the Committee Substitute for House Bill 1380 amends the occupation code regarding when international medical graduates may apply for a medical license. Members, as many of you know in the coming decade our state faces a significant shortage of primary care physicians to meet the health care needs of our growing population. However under current Texas law international medical graduates cannot receive a medical license until they have completed three full years of residency training. In contrast physicians who graduated from the U.S. medical schools are eligible for a medical license after completing only one year of residency. This requirement causes international medical graduates who are completing resident training in Texas to either delay their board examination or obtain another state medical license that does not impose this restriction, for example, one out in Oklahoma or New Mexico. Forcing international medical graduates to wait three years before being granted a Texas medical license adds up to months of unnecessary and costly delays before they can begin caring for our patients. The Committee Substitute to House Bill 1380 amends the occupations code to allow international medical graduates who apply for and receive a medical license after completing two full years of residency training instead of three years. In closing, House Bill 1380 will give the international medical graduates sufficient time to complete the licensure process become eligible to take their board examination at the proper time and be able to provide -- at the time they finish their residency training and are otherwise fully prepared for practice. Mr. President and members, I move that we suspend the regular order of business and all necessary rules to take up and consider the Committee Substitute for House Bill 1380.

SENATOR KEVIN ELTIFE: Senator Rodriguez moves for suspension of the regular order of business to take up and consider Committee Substitute House Bill 1380. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading Committee Substitute to House Bill 1380. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1380 relating to the graduate medical training requirements for certain foreign medical school graduates.

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

SENATOR JOSE RODRIGUEZ: Mr. President and members, I move passage of Committee Substitute to House Bill 1308 to third reading.

SENATOR KEVIN ELTIFE: Senator Rodriguez now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute House Bill 1308 is passed to third reading. Senator Rodriguez, you're recognized for a motion to suspended constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 1380. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1380 relating to graduate medical training requirements for certain foreign medical school graduates.

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

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

SENATOR KEVIN ELTIFE: Senator Rodriguez now moves final passage of Committee Substitute to House Bill 1380. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute to House Bill 1380 is finally passed. Congratulations, Senator Rodriguez.

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

SENATOR KEVIN ELTIFE: Senator Harris is recognized for a motion to suspend the regular order of business House Bill 841.

SENATOR CHRIS HARRIS: Thank you, Mr. President. Mr. President, I move to suspend the regular order of business to take up and consider House Bill 841. Members, all this bill does is change the name of the Department of Protective and Regulatory System Services to the Department of Family and Protective Services. Mr. President, I move suspension.

SENATOR KEVIN ELTIFE: Senator Harris moves suspension of the regular order of business to take up and consider House Bill 841. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 841. The secretary will read the caption.

PATSY SPAW: House Bill 841 relating to certain statutory references to the Department of Family and Protective Services.

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

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

SENATOR KEVIN ELTIFE: Senator Harris now moves passage to third reading. Is there objection? Chair hears none, House Bill 841 is passed to third reading. Senator Harris, you're recognized to suspend the constitutional three day rule.

SENATOR CHRIS HARRIS: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, rule is suspended. The Chair lays out on third leading and final passage House Bill 841. The secretary will read the caption.

PATSY SPAW: House Bill 841 relating to certain references to the Department of Family and Protective Services.

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

SENATOR CHRIS HARRIS: Move passage.

SENATOR KEVIN ELTIFE: Senator Harris moves final passage of House Bill 841. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, House Bill 841 is finally passed. Congratulations, Senator Harris.

SENATOR CHRIS HARRIS: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Senator Deuell, you're recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 1405.

SENATOR BOB DEUELL: Thank you, Mr. President and members. I move that we suspend the regular order of business so that we can take up the Committee Substitute to House Bill 1405. Members, prescription drug coverage is very vital for patients especially those on long-term medications and currently under law large employers plans are barred from changing the cost of the drug until the plan renewal. This extends to small employers, it also has provisions in there that say that you cannot change the formulary in any way without 60 days' notice. I move suspension.

SENATOR KEVIN ELTIFE: Senator Deuell moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 1405, is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 1405. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1405 relating to provision by a health benefit plan of certain prescription drug coverage.

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

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

SENATOR KEVIN ELTIFE: Senator Deuell now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 1405 is passed to third reading. Senator Deuell, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR BOB DEUELL: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 1405. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1405 relating to a provision by a health benefit plan of certain prescription drug coverage.

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

SENATOR BOB DEUELL: Thank you, Mr. President. I move final passage of the Committee Substitute to House Bill 1405.

SENATOR KEVIN ELTIFE: Senator Deuell now moves final passage of Committee Substitute to House Bill 1405. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute to House Bill 1405 is finally passed. Congratulations, Senator Deuell.

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

SENATOR KEVIN ELTIFE: Senator Duncan is recognized for a motion to suspend the regular order of business on House Bill 1061.

SENATOR ROBERT DUNCAN: Thank you, Mr. President and members. In 2007 the 80th legislature authorized the teacher retirement system to buy and sell investments commonly used by pension funds to expressly -- to efficiently manage and reduce the risk of their overall investment portfolio. The legislature also authorized TRS to use external managers for up to percent of the fund. External managers have expertise in certain markets outside of the United States and particularly rapidly developing emerging markets making their services essential as TRS has diversified its investments globally. This authority is used diversely in every public and private pension plan. These tools have reduced TRS trading cost by more than $200 million. As a part of this legislation back in 2007, we decided to put a sunset date for September 21st, 2012, in order to give the legislature an ability to review what TRS investment folks -- how they were performing. In December the state auditors office concluded that these programs should be permitted to continue these programs as appropriate by TRS board. House Bill 1061 seeks to recognize the effectiveness of these tools by extending the sunset on the authority that granted them. The bill extends the sunset date to September 1st, 2019. Members, I'll also have an amendment with regard to the use of diversification and hedge funds to reduce risk. With that I move to suspend the Senate's regular order of business to take up and consider House Bill 1061.

SENATOR KEVIN ELTIFE: Senator Duncan moves suspension of the regular order of business to take up and consider had been 1061. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 1061. The secretary will read the caption.

PATSY SPAW: House Bill 1061 relating to the expiration of certain investment authority of the teacher retirement system of Texas.

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

PATSY SPAW: Floor amendment No. 1 by Duncan.

SENATOR KEVIN ELTIFE: Senator Duncan to explain the amendment.

SENATOR ROBERT DUNCAN: Thank you, Mr. President. When we did this in 2007 there were no limit on hedge funds for the TRS board. As part of our agreement we decided to move them down to 5 percent. This just simply raises the ability to use hedge funds to 10 percent of the value of total investment portfolio and also consistent with the sunset provision in the investment authority we will sunset this expanded hedge fund authority to September 1st, 2019.

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

SENATOR ROBERT DUNCAN: Thank you. I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Duncan now moves passage to third reading. Is there objection? The Chair hears none, House Bill 1061 is passed to third reading. Senator Duncan, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, one nay the rule is suspended. The Chair lays out on third reading and final passage House Bill 1061. The secretary will read the caption.

PATSY SPAW: House Bill 1061 relating to the expiration of certain investment authority of the teacher retirement system.

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

SENATOR ROBERT DUNCAN: I move final passage.

SENATOR KEVIN ELTIFE: Senator Duncan now moved final passage of House Bill 1061. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, House Bill 1061 is finally passed. Congratulations, Senator Duncan.

SENATOR ROBERT DUNCAN: Thank you.

SENATOR KEVIN ELTIFE: Senator West is recognized for a motion to suspend the regular order of business on Committee Substitute SB471.

SENATOR ROYCE WEST: Thank you very much, Mr. President and members. At this time I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to Senate Bill 471. Mr. President and members, last session we passed House Bill 1041 which required each school district to adopt and implement a child sexual abuse policy. However the policies did not address other forms of child abuse or prevention techniques. Committee Substitute to House Bill b Senate Bill 471 expands Texas law regarding school policies on child maltreatment to encompass not only sexual abuse but techniques for the prevention of abuse and other forms of child abuse. The bill also extends the requirement of adopting and implementing a child prevention policy to charter schools and day care centers and child placing agencies. I move suspension of the regular order of business.

SENATOR KEVIN ELTIFE: Senator West moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 471. Is this objection? Chair hears none, rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 471. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 471 relating to public school, child placing agency and day care center policies to addressing sexual abuse.

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

SENATOR ROYCE WEST: Move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator West now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute to SB471 is passed to engrossment. Senator West, you're recognized for a motion to suspended the constitutional three day rule.

SENATOR ROYCE WEST: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB471. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 471 relating to public school, child placing agency and day care center policies addressing sexual abuse of children.

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

SENATOR ROYCE WEST: Mr. President, I move final passage of Committee Substitute to Senate Bill 471.

SENATOR KEVIN ELTIFE: Senator West now moves final passage of Committee Substitute to Senate Bill 471. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute to SB471 is finally passed. Congratulations, Senator West.

SENATOR ROYCE WEST: Thank you.

SENATOR KEVIN ELTIFE: Senator Zaffirini is recognize for a motion to suspend the regular order of business Committee Substitute SB200.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move to suspend the Senate's regular order of business in order to take up and consider at this time the Committee Substitute for Senate Bill 200 which relates to an evaluation by the coordinating board required of institutions of higher education. Members, this bill would require the coordinating board in consultation be institutions of higher education, members of the Senate and House higher education committees, the comptroller, the LBB, the Texas state library and archives commission, the TEA and state admission and other stakeholders to develop a list of reporting requirements under state law that they recommend should be continued. In committee we also amended it to include section six and seven of my Senate Bill 5 which eliminated some reporting requirements. Mr. President, I move suspension.

SENATOR KEVIN ELTIFE: Senator Zaffirini moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 200. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 200. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 200 relating to notices and records requiring of institutions of higher education.

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

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

SENATOR KEVIN ELTIFE: Senator Zaffirini now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB200 is passed to engrossment. Senator Zaffirini, you're now recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, the rule is suspended. Chair lays out on third reading and final passage Committee Substitute SB200. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 200 relating to reports and notices and records required of institutions of higher education.

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

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

SENATOR KEVIN ELTIFE: Senator Zaffirini moves final passage of Committee Substitute SB200. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute SB200 is finally passed. Congratulations, Senator Zaffirini.

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

SENATOR KEVIN ELTIFE: Senator Jackson is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 2376.

SENATOR MIKE JACKSON: Thank you, Mr. President. Members, the Committee Substitute for House Bill 2376 addresses certain plumbing regulations, creates more efficiency in the dispute resolution process while allowing the state board of plumbing examiners to choose not to investigate a complaint if a person filing the complaint and the subject of the complaint are engaged in litigation. Makes clarifications in statute by matching technology with definitions in the existing code and will have master plumbers complete training program approved by the plumbing board before practicing as responsible masters of plumbers. It's got a couple of other tweaks in it. If there's no questions, I'd move to suspend the regular order of business to take up and consider the Committee Substitute for House Bill 2376.

SENATOR KEVIN ELTIFE: Senator Watson, for what purpose?

SENATOR KIRK WATSON: Question of the author.

SENATOR KEVIN ELTIFE: Senator Jackson yield?

SENATOR MIKE JACKSON: I yield.

SENATOR KIRK WATSON: Senator, is this the bill that came through business and commerce and have the amendment that we put on in that committee?

SENATOR MIKE JACKSON: It does and my explanation, it specifically -- it is the bill that went through business and commerce and per your in-depth knowledge of plumbing, rules, regulations and activities, you were able to come up with a way to solve issues that were not intended but may come up, we have in this bill a statement that in the dispute resolution process that says the state board of plumbing examiners can choose not to do, that they don't have to do that. I appreciate your help on that.

SENATOR KIRK WATSON: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator Watson. Senator Jackson has moved suspension of the regular order of business to take up and consider Committee Substitute to House Bill 2376. Is there any objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 2376. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2376 relating to the regulation of plumbing.

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

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

SENATOR KEVIN ELTIFE: Senator Jackson now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 2376 is passed to third reading. Senator Jackson, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR MIKE JACKSON: Suspend the three day rule, Mr. President.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 2376. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2376 relating to the regulation of plumbing.

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

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

SENATOR KEVIN ELTIFE: Senator Jackson moves final passage of Committee Substitute to House Bill 2376. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute to House Bill 2376 is finally passed. Congratulations, Senator Jackson.

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

SENATOR KEVIN ELTIFE: Senator Nelson is recognized for a motion to suspend the regular order of business on Committee Substitute House Bill 1829.

SENATOR JANE NELSON: Thank you so much, Mr. President and members. I do move to suspend the regular order of business to take up and consider the Committee Substitute for House Bill 1829. House Bill 2819 ensures that individuals with mental illness are detained in the most appropriate settings. Currently a person with mental illness that poses an imminent or substantial risk or harm to others may be detained by a peace officer for approximately 48 hours. Due to a limited number of local and state mental health beds law enforcement officers often place these detained individuals in hospital emergency rooms. This bill would allow hospitals to transfer detainees to an appropriate mental health facility if a bed becomes available and only if the mental health hospital is willing to accept the detainee. Additional House Bill 1829 allows judges to transmit a warrant for emergency detention in a hospital through secure electronic means. Mr. President, I move suspension.

SENATOR KEVIN ELTIFE: Senator Nelson moves suspension of the regular order of business to take up and consider House Bill 1829. Is there objection? The Chair hears none, rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 1829. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1829 relating to an application for emergency detention and transfer to a mental hospital of a person admitted for emergency detention.

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

PATSY SPAW: Floor amendment No. 1 by Lucio.

SENATOR KEVIN ELTIFE: Senator Lucio to explain the amendment.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. The current health safety code allows the judge or magistrate to accept an application from a position for an emergency detention warrant electronically. This amendment simply allows a physician to send an application for a warrant for emergency detention to a judge via e-mail with a document attached as a PDF. Mr. President and members, I'd like to move passage of floor amendment and thank Senator Nelson for working with us.

SENATOR KEVIN ELTIFE: Senator Nelson on floor amendment No. 1.

SENATOR JANE NELSON: Senator Lucio has discussed this with me and it is agreeable. Acceptable. I'm agreeable, it is acceptable.

SENATOR KEVIN ELTIFE: Everybody's agreeable. Senator Lucio moves adoption of familiar amendment No. 1. It is acceptable to the author Nelson. Is there objection? Hearing none, floor amendment No. 1 is adopted. Senator Nelson, you're recognized for a motion.

SENATOR JANE NELSON: I move passage to Committee Substitute to House Bill 1829 to engrossment.

SENATOR KEVIN ELTIFE: Senator Nelson moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to Senate Bill 1829 as amended is passed to third reading. Senator Nelson, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, rule suspended. Chair lays out on third reading and final passage Committee Substitute to House Bill 1829. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1829 relating to an application for emergency detention and transfer to a mental hospital of a person admitted for emergency detention.

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

SENATOR JANE NELSON: I move final passage of House Bill 1829.

SENATOR KEVIN ELTIFE: Senator Nelson moves final passage of Committee Substitute to House Bill 1829 as amended. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute to House Bill 1829 is finally passed. Congratulations, Senator Nelson.

SENATOR JANE NELSON: Thank you, Mr. President, thank you members, thank you Senator Lucio.

SENATOR KEVIN ELTIFE: Senator Hinojosa is recognized for a motion to suspend the regular order of business on SB146.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. I move to suspend the regular order of business to take up and consider Committee Substitute to Senate Bill 146; and Mr. President and members, this bill deals with the problem we have in south Texas where we have people who smuggle and traffic human beings. We call them coyotes and right now we're not able to prosecute these people under present human trafficking laws because of the elements required that the prosecutors have to prove. So what this does it really focuses on the unlawful transport of smuggling of people across the border and these people every time that they're identified by law enforcement they take off and usually dump the people they're smuggling and cause accidents and sometimes rollover, end up injuring or killing some of the smugglers. When that bill does is amend the penal code, makes it easier for prosecutors to be able to convict human smugglers and this section addresses the different elements that are required. It also supplies prosecutor with additional tools of being able to convict smugglers, we call coyotes, coming across the Mexico border. It gives focus on the smuggler and not the victim. It would allow an appropriate defense to prosecution of the actors related to the person by second degree of continuity and I'll be offering an amendment on that affirmative defense. And with that. Mr. President and members. I move suspension.

SENATOR KEVIN ELTIFE: Senator Patrick. for what purpose?

SENATOR DAN PATRICK: Question of the author.

SENATOR KEVIN ELTIFE: Senator Hinojosa yield?

SENATOR JUAN HINOJOSA: I yield.

SENATOR DAN PATRICK: Thank you, Senator. And on this bill you are going to offer an amendment to bring it down to the second level which we have been working on and I appreciate you moving in that direction. I think it's a good bill and I appreciate you taking that amendment, as I understand.

SENATOR JUAN HINOJOSA: That's correct, Senator Patrick, and we worked with the prosecutors and law enforcement and different stakeholders involved in the issue trying to come up with a different language just trying to focus on this very serious problem that we have dealing with people who smuggle people across the border.

SENATOR DAN PATRICK: Thank you, Senator. I look forward to working with you on this.

SENATOR KEVIN ELTIFE: Thank you, Senator Patrick. Senator Hinojosa has moved to suspend the regular order of business to take up and consider Committee Substitute SB146. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to SB146. The secretary will read the caption.

PATSY SPAW: Committee Substitute to SB146 relating to the offense of smuggling of persons.

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

PATSY SPAW: Floor amendment No. 1 by Hinojosa.

SENATOR KEVIN ELTIFE: Senator Hinojosa to explain the amendment.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. This is the amendment that was discussed about providing for an appropriate defense and it changes from a third degree of continuity to a second degree.

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

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

SENATOR KEVIN ELTIFE: Senator Hinojosa now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB146 is passed to engrossment. Senator Hinojosa, you're recognized for a motion to suspend the constitutional three day rue.

SENATOR JUAN HINOJOSA: I so move.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, rule suspended. The Chair lays out on third reading and final passage Committee Substitute SB146. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 146 relating to the offense of smuggling of persons.

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

SENATOR JUAN HINOJOSA: Mr. President and members, I move final passage of Committee Substitute to Senate Bill 146 as amended.

SENATOR KEVIN ELTIFE: Senator Hinojosa now moves final passage of Committee Substitute SB146 as amended. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute SB146 as amended is finally passed. Congratulations, Senator Hinojosa.

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

SENATOR KEVIN ELTIFE: Senator Harris is recognized for a motion to suspend the regular order of business on House Bill 1404.

SENATOR CHRIS HARRIS: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider House Bill 1404 at this time. This bill relates to verbiage as to clarifies the conservatorship on temporary orders. Move suspension.

SENATOR KEVIN ELTIFE: Senator Harris moves suspension of the regular order of business to take up and consider House Bill 1404. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 1404. The secretary will read the caption.

PATSY SPAW: House Bill 1404 relating to certain temporary orders in a suit affecting a parent child relationship during a parent's military deployment.

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

SENATOR CHRIS HARRIS: Move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Harris now moves passage to third reading. Is there objection? Chair hear none, House Bill 1404 is passed to third reading. Senator Harris, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR CHRIS HARRIS: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 1404. The secretary will read the caption.

PATSY SPAW: House Bill 1404 relating to suits effecting a parent child relationship.

SENATOR KEVIN ELTIFE: Senator Harris --

SENATOR CHRIS HARRIS: Move final passage.

SENATOR KEVIN ELTIFE: Senator Harris now moves final passage of House Bill 1404. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute to House Bill 1404 is finally passed. Congratulations, Senator Harris. Senator Zaffirini. Senator Zaffirini is recognized for a motion to suspend the regular order of business on Committee Substitute SB1857.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move to suspend the Senate's regular order of business in order to take up and consider at this time the Committee Substitute for Senate Bill 1856 relating to the administration of medications for persons with intellectual and developmental disabilities. Members, this bill would establish the regulation and oversight of administration of medication and the home and community based programs under the Department of Aging and Disability Services. Retain the oversight and regulation of practice of nursing under the board of nursing and directly establishment of a pilot project under the board of nursing and DADS to evaluate the LBN conducting telethons triage in these two programs. Mr. President, I move suspension.

SENATOR KEVIN ELTIFE: Senator Zaffirini moves suspension of the regular order of business to take up and consider Committee Substitute to SB1857. Is there objection? The Chair hears none, rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1857. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1856 relating to administration of medication for persons with intellectual and developmental disabilities.

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

PATSY SPAW: Floor amendment number one by Deuell.

SENATOR KEVIN ELTIFE: Senator Deuell to explain the amendment.

SENATOR BOB DEUELL: Thank you, Mr. President. This amendment corrects a drafting error, some of the stakeholders found it, deletes dates and requirements that we understand were never intended in the agreement with the board of nursing, DADS and the stakeholders and this simply brings it back to its original intent. I believe it's acceptable to Senator Zaffirini.

SENATOR KEVIN ELTIFE: Senator Zaffirini.

SENATOR JUDITH ZAFFIRINI: It is acceptable, Mr. President.

SENATOR KEVIN ELTIFE: Senator Deuell moves adoption of floor amendment No. 1, it is acceptable to the author, Senator Zaffirini. Is there objection? The Chair hears none, floor amendment No. 1 is adopted. Senator Zaffirini, you're recognized for a motion.

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

SENATOR KEVIN ELTIFE: Senator Zaffirini moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1857 is passed to engrossment. Senator Zaffirini, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1857. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1857 relating to the administration of medication for persons with intellectual and developmental disabilities.

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

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

SENATOR KEVIN ELTIFE: Senator Zaffirini moves final passage of Committee Substitute SB1857 as amended. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute to SB1857 as amended is finally passed. Congratulations, Senator Zaffirini.

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

SENATOR KEVIN ELTIFE: Senator Zaffirini is recognized for a motion to suspend the regular order of business on SB1449.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move to suspend the Senate's regular order of business in order to take up and consider at this time Senate Bill 1449 which relates to an alternative method of satisfying certain licensing program and participation requirements for chemical dependency treatment facilities. Generally members, this bill would allow the Department of State Health Services to accept a chemical dependency treatment annual accreditation review from the joint commission on accreditation of health organizations or the commission on accreditation of rehabilitation facility if certain conditions of inspection were met. The bill would not allow the department to perform any duties and inspection including authority to take appropriate action relating to treatment facility such as closing the treatment facility. It would not require treatment facility to obtain accreditation other than this. Mr. President, I move suspension.

SENATOR KEVIN ELTIFE: Senator Zaffirini moves suspension of the regular order of business to take up and consider SB1449. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading SB1449. The secretary will read the caption.

PATSY SPAW: Senate Bill 1449 relating to an alternative method of satisfying license participation requirements for chemical dependency treatment facilities.

SENATOR KEVIN ELTIFE: Senator Zaffirini recognized for a motion.

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

SENATOR KEVIN ELTIFE: Senator Zaffirini now moves passage to engrossment. Is there objection? Chair hears none SB1449 is passed to engrossment. Senator Zaffirini is recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, rule is suspended. The Chair lays out on third reading and final passage SB1449. The secretary will read the caption.

PATSY SPAW: SB1449 relating to an alternative method of satisfying certain licensing program participation requirements.

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

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

SENATOR KEVIN ELTIFE: Senator Zaffirini now moves final passage of Committee Substitute SB1449. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, SB1449 is finally passed. Congratulations, Senator Zaffirini.

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

SENATOR KEVIN ELTIFE: Senator Zaffirini is recognized for a motion to suspend the regular order of business on Committee Substitute SB5 as amended.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move to suspend the Senate's regular order of business in order to take up and consider at this time the Committee Substitute for Senate Bill 5 as amended. It relates to the administration of business affairs of public institutions of higher education. Members, this is a bill that we amended on the floor recently. It would remove unfunded administrative burdens placed on higher education institutions related to financial management purchasing and procurement, human resources, construction and real estate, board appointments, reports and notice. I do expect two friendly amendments one by Senator Watson which would eliminate section 4.01 relating to the confidentiality of real estate development and would conform it to the version that we passed yesterday related to Senate Bill 1581. Additionally I expect Senator Wentworth to offer an amendment striking his language regarding guns on campus. Mr. President, I move suspension.

SENATOR KEVIN ELTIFE: Members, Senator Zaffirini had moved suspension of the regular order of business to take up and consider Committee Substitute SB15 as amended. Is there objection? The Chair hears no objection. Rules are suspended. Chair lays out once again on second reading Committee Substitute SB5 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB5 relating to the administration and business affairs of public institutions of higher education.

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

PATSY SPAW: Floor amendment No. 16 by Wentworth amending floor amendment No. 8?

SENATOR KEVIN ELTIFE: Correct. Senator Wentworth is recognized on the amendment.

SENATOR JEFF WENTWORTH: Mr. President, I would suspect the Senate would remember we adopted floor amendment No. 1 which was initially my Senate Bill 354 over Senator Zaffirini's objection and as a result of that she pulled her bill down. Because it was adopted yesterday on Senator Ogden's bill I'm now willing to remove floor amendment No. 8. I move adoption of floor amendment No. 1 which will have the effect of removing floor amendment No. 8 that was previously adopted.

SENATOR KEVIN ELTIFE: Senator Wentworth, it would be floor amendment No. 16.

SENATOR JEFF WENTWORTH: Floor amendment No. 16? Okay.

SENATOR KEVIN ELTIFE: Senator Zaffirini on floor amendment No. 16.

SENATOR JUDITH ZAFFIRINI: It is acceptable, Mr. President. Very acceptable.

SENATOR KEVIN ELTIFE: Senator Wentworth moves adoption of floor amendment No. 16. It is very acceptable to Zaffirini. Is there objection? Chair hears no objection. Floor amendment No. 16 is adopted. Thank you, Senator Wentworth.

SENATOR JEFF WENTWORTH: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Floor amendment 17. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 17 by Watson.

SENATOR KEVIN ELTIFE: Watson to explain the amendment.

SENATOR KIRK WATSON: Thank you, Mr. President. Members, section 51.951 of the education code currently exempts from disclosure certain information related to the location purchase price or sale price of property involving a police station institution of higher education. Section 4.01 of the Committee Substitute to Senate Bill 5 would have exempted from disclosure additional information and my amendment will bring about greater transparency by striking that section that would have exempted from disclosure any additional -- the additional information as Senator Zaffirini correctly pointed out, this makes it correspond with what the body passed yesterday. I move adoption of floor amendment No. 17.

SENATOR KEVIN ELTIFE: Senator Zaffirini on floor amendment No. 17.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. This is the amendment we call the Mike Ward amendment because he raised the question that brought this to our attention and it certainly is needed language and it is acceptable to the author and to Senator Uresti.

SENATOR KEVIN ELTIFE: Senator Watson moves adoption of floor amendment No. 17. It is acceptable to Zaffirini. Is there objection? Hearing none, floor amendment No. 17 is adopted. Senator Zaffirini, you're recognized for a motion.

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

SENATOR KEVIN ELTIFE: Senator Zaffirini moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB5 as amended is passed to engrossment. Senator Zaffirini you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes and zero nay, constitutional rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB5 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB5 relating to the administration and business affairs of public institutions of higher education.

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

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

SENATOR KEVIN ELTIFE: Senator Zaffirini moves final passage of Committee Substitute SB5 as amended. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 30 ayes, one nay, Committee Substitute SB5 as amended is finally passed. Congratulations, Senator Zaffirini.

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

SENATOR CHRIS HARRIS: Mr. President, inquiry.

SENATOR KEVIN ELTIFE: Yes, Senator Harris.

SENATOR CHRIS HARRIS: Have we adjourned until 11:00 o'clock tomorrow morning?

SENATOR KEVIN ELTIFE: No, sir, no Senator Harris not yet.

SENATOR CHRIS HARRIS: Well, you would think so looking at this floor, Mr. President.

SENATOR KEVIN ELTIFE: It's a work in progress.

SENATOR CHRIS HARRIS: For the last hour?

SENATOR KEVIN ELTIFE: Approximately, yes, Senator Harris. I think we did three of your bills during that last hour. Senator Duncan is recognized for a motion to suspended the regular order of business on SB1671.

SENATOR ROBERT DUNCAN: Thank you, Mr. President. The current statute related to the teacher retirement system contains outdated language related to various testimonies as well as a sale and appraisal -- appraisal of real estate. Additionally confidential records may only be given to the director or executive administrator of a deceased member of the estate. This can cause a problem in the deceased members estate executor or administrator. Senate Bill 1671 is a clean up bill. It's designed to address these concerns. The bill will change the existing statute so that in the absence of an executor or administrator's deceased risk may provide records to a person or entity who the executive director determines is acting in the interest of the participants estate or an heir, legate or

(inaudible) of the participant. The bill also updates sections related to the definition of a dependent or other terms to use the phrase quote mental disability and updates existing statute to use the term public school and governing body in order to make the TRS statutes. Or in order to take into account TRS entities, it may not be in school districts with trustees such as charter schools. There will be floor amendments. It's at that time of the session, I will add some of our other TRS bills that you've already voted out of the this body I believe unanimously which would include Senate Bill 1667, 1668, and 1669 and also House Bill 2561 relating to the definition of the school year. With that I move to suspend the Senate's regular order of business to the take up and consider Senate Bill 1671.

SENATOR KEVIN ELTIFE: Senator Duncan move suspension of the regular order of business to take up and consider SB1671. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading SB1671. The secretary will read the caption.

PATSY SPAW: SB1617 relating to the teacher retirement system of Texas.

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

PATSY SPAW: Floor amendment No. 1 by Duncan.

SENATOR ROBERT DUNCAN: Thank you --

SENATOR KEVIN ELTIFE: Senator Duncan to explain the amendment.

SENATOR ROBERT DUNCAN: Thank you, Mr. President. The floor amendment one adds language to the bill already passed by the Senate. Again, I think I stated earlier Senate Bill 1667 related to administration of benefits payable by TRS. Senate Bill 1668 relating to the purchase of service credit in TRS Senate Bill 1669 relating to the resumption of service by retirees under STRS and House Bill 2316 by definition of school year purposes only of the retirement system. Senator Jackson, there's nothing in there about smoking. With that I move -- unless there are any questions I move adoption of floor amendment one.

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

SENATOR ROBERT DUNCAN: Move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Duncan now moves passage to engrossment. Is there objection? Chair hears none, SB1671 is passed to engrossment. Senator Duncan, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, rule is suspended. The Chair lays out on third and final passage SB1671. The secretary will read the caption.

PATSY SPAW: SB1671 relating to the teacher retirement system.

SENATOR KEVIN ELTIFE: Senator Duncan is recognized for a motion. Senator Jackson, for what purpose?

SENATOR MIKE JACKSON: Before he moves final passage just a question of the author, if he'd yield. I thought we were adding amendments, Senator, and I just suspended you're basically striking below the active clause and putting the text in those bills that you outlined in this bill without anything.

SENATOR ROBERT DUNCAN: Right.

SENATOR MIKE JACKSON: So the original 1671 is I guess incorporated in these bills? You're not leaving out anything.

SENATOR ROBERT DUNCAN: I think what we're trying to do and what the decision was we sent these bills over to the House and there's several bills and decision was to move all of these bills into just one bill so that it has a better chance of surviving a calendar slide which often happens in the House.

SENATOR MIKE JACKSON: Okay. Thank you, Senator Duncan.

SENATOR KEVIN ELTIFE: Thank you, Senator Jackson. Senator Duncan has moved final passage of Senate Bill 1671 as amended. The secretary will call the roll.

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, SB1671 as amended is finally passed. Congratulations, Senator Duncan. Following bills and resolutions on first reading in reference to committee. Secretary please read the bills and resolutions.

PATSY SPAW: House Bill 274 to state affairs. House Bill 388 to veteran affairs and military installation. House Bill 710 to health and human services. House Bill 751 to administration. House Bill 1224 to education. House Bill 1278 to intergovernmental relations. House Bill 1418 to state affairs. House Bill 1638 to criminal justice. House Bill 1788 to agriculture and rural affairs. House Bill 2029 to business and commerce. House Bill 2038 to health and human services. House Bill 2042 to finance. House Bill 2197 to intergovernmental relation. House Bill 2329 to criminal justice. House Bill 2610 to health and human services. House Bill 2678 to transportation homeland security. House Bill 2704 to education. House Bill 2814 to State affairs. House Bill 2902 to economic development. House Bill 3393 to jurisprudence. House Bill 3473 to criminal justice. House Bill 3483 to business and commerce.

SENATOR KEVIN ELTIFE: The following motion in writing. Secretary please read the motion.

PATSY SPAW: Motion in writing, Mr. President, I ask unanimous consent for HCR133 designating the red drum as the official state saltwater fish to be withdrawn from the committee on government organization and rereferred to the committee on administration. Senator Hinojosa author, Senator Ellis Chair committee from which bill is being withdrawn, Senator Eltife Chair committee to which bill is being rereferred.

SENATOR KEVIN ELTIFE: Members, you heard the motion, is there objection? Chair hears none, so ordered.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Ogden to suspend the Senate's regular order of business to take up and consider House Bill 1917.

SENATOR STEVE OGDEN: Mr. President and members, House Bill 1917 authorizes a county's commissioner's court to remove an appointed emergency services commissioner by a majority vote of the court under certain circumstances though circumstances could for incompetency, misconduct or official misconduct. I move suspension of the regular order of business.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Ogden. Members, you've heard the motion by Senator Ogden, is there objection from any members? Chair hears no objection from any members and the rule is suspended. The Chair lays out on second reading House Bill 1917. The secretary will read the caption.

PATSY SPAW: House Bill 1917 relating to the removal of appointed emergency services commissioner by commissioner's court.

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

SENATOR STEVE OGDEN: Mr. President and members, I move final third reading of House Bill 1917.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Ogden, is there objection from any members? Chair hears no objection from any members and House Bill 1917 passes to third reading. The Chair recognizes Senator Ogden -- the Chair recognizes Senator Ogden for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR STEVE OGDEN: Mr. President and members, I move to suspend the constitutional three day rule to take up and consider House Bill 1917.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 1917.

PATSY SPAW: House Bill 1917 relating to the removal of appointed emergency services commissioners by a commissioner's court.

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

SENATOR STEVE OGDEN: Mr. President and members, I move final passage of House Bill 1917.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, House Bill 1917 is finally passed. Chair recognizes Senator Patrick for a motion to suspend the regular order of business to take were and consider Committee Substitute to House Bill 370.

SENATOR DAN PATRICK: Thank you, Mr. President. Members, this bill addresses the eligibility rules of university interscholastic league to establish rules to prohibit improvement of students from one school to another. However some students are unfairly penalized by this rule and they transfer to a school to participate under sport or activity not authorized at the school. HB370 would allow students to participate in the sport or activity immediately upon transferring to a new school if the sport or activity is not offered at the original school and the student meets all eligibility criteria. I move suspension.

LT. GOVERNOR DAVID DEWHURST: Members, you have heard the motion by Senator Patrick. Is there objection from any hebe? Chair hears no objection from any members and the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 370. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 370 relating to the eligibility of a student to participate in extra curricular activities.

LT. GOVERNOR DAVID DEWHURST: The Chair lays out floor amendment No. 1 by Senator Patrick. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Patrick.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Patrick to explain floor amendment No. 1.

SENATOR DAN PATRICK: Yes, members, last week we passed out our UIL bill including the Senator Seliger amendments so this is belt and suspenders attaching it to this bill in case this bill that overwhelmingly passed runs into a problem. I move adoption.

LT. GOVERNOR DAVID DEWHURST: Members, you've heard the motion by Senator Patrick, is there objection from any members? The secretary will call the roll.

LT. GOVERNOR DAVID DEWHURST: Members there being 29 ayes and two nays, the floor amendment No. 1 is adopted. The Chair recognizes Senator Patrick for a motion.

SENATOR DAN PATRICK: Move to engrossment, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Members, you have heard the motion by Senator Patrick moves House Bill 370 as amended to third reading. Is there objection? Is there objection from any members? Chair hears no objection and Committee Substitute to House Bill 370 as amended passes to third reading. Chair recognizes Senator Patrick for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR DAN PATRICK: So moved.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 370. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 370 relating to eligibility of a student to participate in extra curricular activities.

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

SENATOR DAN PATRICK: Move to final passage, Mr. President.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and one nay, Committee Substitute to House Bill 370 is finally passed.

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

LT. GOVERNOR DAVID DEWHURST: All right. Members, as far as I know this is our last -- I am advised by the parliamentarian this is our last bill of the day. The Chair recognizes Senator Ogden to suspend the regular order of business to take up and consider House Bill 2360.

SENATOR STEVE OGDEN: Mr. President and members, I move to suspend the regular order of business to take up and consider House Bill 2360 relating to the creation of the Corn Hill Regional Water Authority providing authority to issue bonds. Members, I brought this bill up yesterday and Senator Watson had some questions about it and as a result of those questions I'm going to offer a floor amendment to tighten up the authority that we're granting this new entity but the purpose for this entity is to coordinate water projects in northern Williamson county and southern Bell County and because there are several different water districts and municipal utility districts up there all of whom by themselves cannot do the water projects that are needed. So this is an effort to allow them to pull their resources and create a single entity to develop the water resources in this part of the state. I move to suspend the regular order of business.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you have heard the motion by Senator Ogden. Is there objection from any members? Chair hears no objection from any member and the rule is suspended. The Chair lays out on second reading House Bill 2306. The secretary will read the caption.

PATSY SPAW: House Bill 2360 relating to the creation of the Corn Hill Regional Water Authority.

LT. GOVERNOR DAVID DEWHURST: The Chair lays out floor amendment No. 1 by Senator Ogden. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Ogden.

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

SENATOR STEVE OGDEN: Members, the purpose of this amendment is to more clearly define the scope of powers that we're granting this new Corn Hill Regional Water Authority, I think on first reading of the bill and I think Senator Watson for his attention to this. It appeared that we were granting more authority than was actually needed or being asked for, so what this amendment says is that the powers of no district are only the powers and duties only necessary to accomplish the purposes stated under section 86.00304 which is to do water projects and that it doesn't have any more powers than municipal utility districts that are members. In fact it even has less because it does not have the authority to provide waste water drainage, solid waste disposal or road facilities and the authority does not have any power that the members entities do not have. This is an attempt, Senator Watson, to basically write a better piece of legislation and if we adopt this amendment I think the actual purposes for this legislation can be realized. So I move adoption of floor amendment No. 1.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Ogden, is there objection from any members? Chair hears no objection from any members and floor amendment No. 1 is adopted. Chair recognizes Senator Ogden for a motion.

SENATOR STEVE OGDEN: Mr. President and members, I move passage to third reading of House Bill 2360.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Ogden. Members, you heard the motion by Senator Ogden, is there objection from any members? Chair hears no objection from any members and House Bill 2360 as amended passes to third reading. Chair recognizes Senator Ogden for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR STEVE OGDEN: Mr. President and members, I move to suspend the constitutional three day rule to take up and consider House Bill 2360.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nay, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2306 as amended. The secretary will read the caption.

PATSY SPAW: House Bill 2360 relating to the creation of the Corn Hill Regional Water Authority.

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

SENATOR STEVE OGDEN: Mr. President and members, I move final passage of House Bill 2360.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, House Bill 2306 as amended is finally passed. Congratulations. The president signs in the presence of the Senate the following.

PATSY SPAW: Senate Bill 501, Senate Bill 656, Senate Bill 893, Senate Bill 980, Senate Bill 1104, Senate Bill 1153, Senate Bill 1160, Senate Bill 1168, Senate Bill 1341, Senate Bill 1680 and House Bill 74.

LT. GOVERNOR DAVID DEWHURST: Members, the president's desk is clear. Are there announcements? Chair recognizes Senator Estes for an announcement.

SENATOR CRAIG ESTES: Thank you, Mr. President. I move to suspend Senate rules 11.10 and 11.18 so the Senate committee on agriculture and rural affairs can meet today May 10th immediately upon adjournment at my desk to consider pending bills.

LT. GOVERNOR DAVID DEWHURST: Members, you've heard the motion by Senator Estes to suspend the Senate rules 11.10 and 11.18 to take up legislation at his desk following adjournment. Is there objection from any members? The Chair hears no objection, and the rules are suspended. Chair recognizes Senator Harris for a motion.

SENATOR CHRIS HARRIS: Thank you, Mr. President. Jurisprudence will meet 20 minutes after adjournment today.

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

SENATOR JOAN HUFFMAN: Thank you, Mr. President and members. The Senate committee on health and human services will resume its hearing 30 minutes upon adjournment in the Senate chamber.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Huffman. Chair recognizes Senator Wentworth for an announcement.

SENATOR JEFF WENTWORTH: Mr. President, I have an unusual announcement. This isn't an announcement of a committee meeting or anything like that but I just thought we shouldn't pass the day without knowing this. 123 years ago exactly on May 10th, 1888, the Texas Senate met in this chamber for the first time and I just thought we ought to think about that. Thank you.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Chair recognizes Senator Jackson for an announcement.

SENATOR MIKE JACKSON: Thank you, Mr. President. I move to suspend the 24-hour posting rule in accordance with with Senate rules 11.10 and 11.18 in order for the Senate committee on economic development to meet tomorrow morning at 9:00 a.m. as opposed to our minutes upon adjournment meeting in the Betty king room. We're going to take up House Bill 970, House Bill 990, House Bill 1040, House Bill 1178, House Bill 1245, House Bill 1643, House Bill 1611, House Bill 2579, House Bill 25 -- excuse me, House Bill 2853, House Bill 3302, and House Bill 3465.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Jackson. Members, Senator Jackson moves to suspend the Senate rules 11.10 and 11.187 so that his committee can meet tomorrow morning at 9:00 o'clock and consider I think I heard 11 bills in total. Is there objection from any members? The Chair hears no objection and the rules are suspended. The Chair recognizes --

SENATOR MIKE JACKSON: Can I make an announcement too please?

LT. GOVERNOR DAVID DEWHURST: You are recognized.

SENATOR MIKE JACKSON: Members of the economic development committee we're going to meet at 9:00 a.m. tomorrow morning in the Betty king room as opposed to 30 minutes upon adjournment so we'll try to contact your staff for that. We've got 11 bills. Thank you, Mr. President.

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

SENATOR JOHN WHITMIRE: Thank you, Mr. President. Criminal justice will meet in the annex at 2:00 o'clock in E1.016.

LT. GOVERNOR DAVID DEWHURST: Thank you. Chair recognizes Senator Zaffirini for an announcement.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, the Senate on higher education committee will meet tomorrow Wednesday May 11th at 7:30 a.m. in room E1.012. Thank you.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Chair recognizes Senator Eltife for an announce.

SENATOR KEVIN ELTIFE: It's a motion, Mr. President. Is that all right? Thank you, Mr. President. I move to suspend the Senate rules 11.10 and 11.18 so the Senate committee on education can meet upon adjournment of the Senate at Senator Shapiro's desk to vote out a pending bill SB1871 by Davis relating to a contract service program for certain students with services commission development disorder of intellectual disability.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Eltife to suspend the Senate rules 11.10 and 11.18 to allow a bill by Senator Davis to be passed out to be considered and passed out at Senator Shapiro's desk. Is there objection from any members? The Chair hears no objection and the rules are suspended. Are there any additional announcements? Hearing no additional announcements the Chair recognizes the Dean of the Senate for a highly privileged motion.

SENATOR JOHN WHITMIRE: Mr. President, I move that the Senate adjourn until 11:00 a.m. tomorrow.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Whitmire, is there objection from any members? The Chair hears no objection from any members and the Senate will stand adjourned until 11:00 a.m. tomorrow Wednesday May 11th.

(Adjourned.)