SENATOR STEVE OGDEN: Senate will come to order. The secretary will call the roll.

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

SENATOR STEVE OGDEN: A quorum is present. Chair recognizes Senator Ellis to introduce the pastor for the day.

SENATOR RODNEY ELLIS: Thank you, Mr. President. We have a very distinguished visitor with us today along with his wife who's University of Texas graduate and his daughter who's working in the Senate. Members, I rise to introduce the man who will give today's invocation and blessed to work in the Senate on Friday the 13th, Pastor Samuel B. Kyles from Memphis, Tennessee. I'm sure our hearts go out to the people in Memphis with the natural disaster they're dealing with. Pastor Kyles has served as the pastor of the Monumental Baptist Church in Tennessee for 51 years and serves as a member of the board of the National Civil Rights Museum and is a former member of the committee on religious freedom board and panelist on the White House committee hate crimes. Pastor Kyles is a nationally recognized resource on civil rights. He helped lead the effort to fight in the south to integrate schools, city buses and bring down the walls of segregation at restaurant, department stores, and workplaces. Pastor Kyles is an eyewitness to the assassination of Dr. Martin Luther King, Jr. In fact, he is the only living witness who was on the balcony and shared the last hour of Dr. King's life. He was featured in the Academy Award nominated HBO documentary To Witness From the Balcony of Room 306 which tells the story -- excuse me -- of that tragic day. Last night about 40 of our interns watched that documentary with me and it was interesting to see those young kids who would watch that 33 minute documentary and not leave the room and ask questions about what was Marting Luther King talking about in a hotel room in Memphis, Tennessee with three preachers. And if you ever get a chance to hear Billy Kyles tell that story, you should do that. One last point. He was asked at one point when Nelson Mandela too at that hotel room, what was his reaction and he made the comment that of course Mr. Mandela wanted to know every detail of what Martin Luther King talked about in that last hour. And then at the end of that discussion he just wept. And to think of someone who endured as much as Mr. Mandela to just be in awe of being in that hotel room 306 at the Lorraine Hotel in Memphis, Tennessee is a very moving experience. Members, will you please welcome the man who married me and my wife, the Reverend Billy Kyles, to the Texas Senate.

SENATOR STEVE OGDEN: All on the floor and the gallery please rise for the invocation to be delivered by Reverend Billy Kyles, Monumental Baptist Church of Memphis, Tennessee.

PASTOR: Members and guests: It was said that Robert Louis Stevenson was a man who never enjoyed good health. Even as a child he was puny and frail. One of his favorite pastimes was to look out of his window and see an old man with a ladder. He would take his ladder to a pole, climb up, light the light, come down, take the ladder to another pole, light the light, and come down. One day his nurse asked him, "Robert, what are you doing?" He said, "I'm watching that old man knock holes in the darkness." Because everywhere he went with that ladder and light it appeared to him that it was a hole knocked in the darkness. And there is this battle between darkness and light, always one trying to win over the other. And so, I suggest as humbly as I can, dear Lord, I suggest that with all that we are involved in, in all that we are doing, we ought to spend some time knocking holes in the darkness. Knock holes in the darkness of ignorance so that we know who we are and whose we are and where we are, and so we knock holes in the darkness of indifference so that we become caretakers of us all. All will agree, I would hope that all would agree, that you shouldn't light a light and hide it under a bushel, but put it on a candlestick so that all who walk in darkness can find their way. There is no value in placing it under a bushel. One thing to remember again, dear Lord, as we come to You, as long as one candle burns, the darkness cannot win. Amen.

SENATOR STEVE OGDEN: Thank you, Reverend. Those in the gallery may be seated. Members, Senator Whitmire moves to dispense with the reading of yesterday's journal. Is there objection? The Chair hears none, so ordered. Mr. Doorkeeper.

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

SENATOR STEVE OGDEN: 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 HB14 by Murphy relating to --

SENATOR STEVE OGDEN: Thank you. Chair lays out the following resolution. Secretary will read the resolution.

PATSY SPAW: House Concurrent Resolution 161 recalling House Bill 1951 from the Senate instructing the chief clerk to correct the engrossed bill.

SENATOR STEVE OGDEN: Chair recognizes Senator Hegar on the resolution.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. I move to adopt House Concurrent Resolution 161 by Taylor to address a clerical error in House Bill 1955. I move adoption.

SENATOR STEVE OGDEN: Senator Hegar moves adoption of the resolution. Is there objection? Chair hears none, the resolution is adopted. Senator Lucio. The Chair lays out the following resolution. Secretary will read the resolution.

PATSY SPAW: Senate Resolution 986 commending Amadeo Saenz, Jr., on his retirement from the Texas Department of Transportation for more than three decades of exemplary service. By Lucio.

SENATOR STEVE OGDEN: All right, members. Chair recognizes Senator Lucio on the resolution.

SENATOR EDDIE LUCIO: Thank you. Members, I have a very important resolution on a gentleman that we all know and I want to thank you, Mr. President, for Senate Resolution -- in recognizing me for Senate Resolution 986. Members, this resolution honors a man known well in the Rio Grande Valley and across the great state of Texas. Amadeo Saenz, Jr., Jr. has served Texas for over 30 years. He first joined the Texas Department of Transportation in 1978 as an engineering laboratory assistant. In 2007 he was named executive director of TxDOT. So it is an understatement to say that he rose through the ranks. His rise is a testament to the dedication and expertise he has exemplified during his time at TxDOT. An exceptional public servant, Mr. Sanez is respected and admired by his colleagues and his presence at the Texas Department of Transportation will be greatly missed. In closing I wanted to highlight two major accomplishments by this great Texan. First Director Sanez was a key developer of the department's North American free trade agreement construction program. Secondly he was instrumental in developing the TxDOT hurricane evacuation routes in our state. Again the valley and the whole state of Texas is extremely thankful to Director Sanez for his leadership. Members, please join me in congratulating Amadeo Saenz, Jr., who is joined by his lovely wife, Gerri, for his service and wish him well upon his retirement as I move adoption of Senate Resolution 986. Thank you, Mr. President.

SENATOR STEVE OGDEN: Chair recognizes Senator Nichols.

SENATOR ROBERT NICHOLS: Thank you, Mr. President. Senator Lucio, I stand in support of your resolution. I met Amadeo for the first time really in 1987, that was 14 years ago, when he was district engineer in the four district, I had the opportunity to work next to him and with him not only when he was down there but when he came and helped work on all the state transportation projects. I always found him to be very dedicated to the state of Texas and to the people he served has done everything to his ability to make the state of Texas a better place. I'm certainly very proud to call you a friend and welcome here today and thank you.

SENATOR EDDIE LUCIO: Thank you, Senator Nichols.

SENATOR STEVE OGDEN: Chair recognizes Senator Shapiro.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President. And Senator Lucio, I really appreciate the fact that you have done this for this wonderful public servant. I think when I looked up there and saw what you said, I think the word that I would like to use is exemplary. Exemplary service. I have never been through a session with Amadeo Saenz that no matter how difficult, and we have been through some difficult sessions, you didn't always do it with grace, you didn't always do it with commitment and served us in an exemplary way at all times and I feel blessed that I've been able to work with you over all these years. So we thank you for the service, the exemplary service that you have given to the state of Texas and I wish you the very best.

SENATOR EDDIE LUCIO: Thank you, Senator Shapiro.

SENATOR STEVE OGDEN: Chair recognizes Senator Hinojosa.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. I too want to congratulate Amadeo Saenz. He was the director in charge of the Pharr TxDOT district. He did great work for the Rio Grande valley and then he came here to Austin. I must tell you, Amadeo, I really admire your courage of having to stand there with all the cross fire and controversy going on with TxDOT through the years. You never change your facial expression, you're comical under fire and you answer the questions very politely and we really appreciate your work, we appreciate you answering every question no matter how many times it was repeated and by whom and I wish you well in your retirement. We're going to miss you, but thank you for your service to the state of Texas and taking care of our transportation needs. Congratulations on your retirement.

SENATOR STEVE OGDEN: Chair recognizes Senator Van de Putte.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, I rise along with my Senate colleagues to offer our sincerest congratulations and deep admiration for the job that Amadeo has done for us in the realm of transportation. Members, you know, when you think about Amadeo's life's work it was a very difficult time in Texas as we were trying to mesh federal transportation law and trade law. The work that you then leading a lot of our focus with the implementation of the North American free trade agreement, when NAFTA occurred all of the work that needed to be done to harmonize those transportation regulations, not just within this state but within Mexico and Canada all the states that was familiar with the I35 corridor. Having shared that committee when I served in the House, I can tell you that your problem solving skills and your willingness to hear everyone really took us through that very difficult time. We should have known then that your skills would be tapped at the state level here in Austin. I want to thank you for your professionalism and especially in challenging times. As my colleagues have said, you never lost your cool and you always remained very professional. To your family, we thank your wife and your family because of the number of hours and the dedication and the amount of travel that you have had to do as leader in your work at TxDOT. We wish you well and much success in the next phase of your life. And thank you, Senator Lucio.

SENATOR EDDIE LUCIO: Thank you, Senator Van de Putte.

SENATOR STEVE OGDEN: Chair recognizes Senator Williams.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President, Mr. Chairman. Senator Lucio, thank you for bringing this resolution. And, Amadeo, I want to thank you from the bottom of my heart for your long and faithful service to the state. Following up on what Senator Hinojosa said, I don't ever want to be across the poker table from you because you never lose your cool, you always maintain the same expression, I'm not known for that. I'm known for how red in the face I get so I can't bluff at the card table. But you've a great job under very difficult circumstances, and I appreciate you sharing him with us because I know that Userve too and he's got a good home to go to and someone to put your arm around him and let him know that everything's going to be all right. Thank you both for your service to our state.

SENATOR EDDIE LUCIO: Thank you, Mr. Chairman Williams. Mr. President, if there are no other members at this time --

SENATOR STEVE OGDEN: Wait, wait.

SENATOR EDDIE LUCIO: Okay.

SENATOR STEVE OGDEN: Chair recognizes Senator Davis.

SENATOR WENDY DAVIS: Thank you, Mr. President. Thank you so much, Senator Lucio, for honoring a very good friend so many of us on the floor and I think it's important to note Amadeo has probably had, and he's had it for three decades, one of the most difficult jobs in this Capitol. He has 31 bosses here -- 32. He has 150 over in the House side and we all have very definitive ideas of what his department needs to be and should be doing and I don't think he would say that any of us have been shy about sharing those with him and he navigates through -- has navigated through beautifully those differing interests and pressures and kept his cool and always been a gentleman and respectful and also tried very, very hard to do right but what was expected from the people who represent citizens of the state of Texas. I want to say a special thank you to you, Amadeo, because you have always welcomed my input, received it constructively and tried very hard to respond to it. That's just about the best thing I think we can say about people who work here on behalf of the citizens of Texas and I'm very proud to join my colleagues in commending you for your exemplary service and we wish you a very happy, happy retirement. Thank you both.

SENATOR EDDIE LUCIO: Thank you, Senator Davis.

SENATOR STEVE OGDEN: Chair recognizes Senator Zaffirini.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I too rise to join my colleagues in honoring a good friend Amadeo Sanez. He is a passionate Longhorn, bleeds burnt orange and proud of it and has done wonders with that engineering degree that he earned there. And members, he understands that research and teaching and learning cannot be separated and for that I appreciate him. He has a ranch in Jim Hogg county where he grew up and he still considers Jim Hogg home. That's part of my senatorial district, and that's why I'm so proud to say that the CEO of TxDOT is from senatorial district 21. He is particularly known in our area for his work with the Boy Scouts and as a member of the Rotary Club both in Pharr and Laredo and he may have lived in Austin for a long, long time now as CEO but back home we still consider him a true south Texan. We appreciate so much his leadership on our behalf and most especially in our part of the woods he will always be remembered as a person who made (Spanish) possible. Amadeo, we thank you and wish you the best and may you and your family enjoy great happiness during your retirement. I know that you will simply find something different to do, but I wish you every happiness in the world. God bless you always.

SENATOR EDDIE LUCIO: Thank you, Senator Zaffirini.

SENATOR STEVE OGDEN: Chair recognizes Senator Carona.

SENATOR JOHN CARONA: Amadeo, I had the unique pleasure to get to work with you for about four and a half years as I chaired the transportation committee. I don't stand up often when we do resolutions, although I proudly support virtually all of them. But in your case I stand up just to say we worked together through what was really a very dark time at TxDOT and its relationship with the legislature. And but for you I suspect I would have given up early in the process. You are without a doubt the most honorable gentleman that I have worked with today in transportation issues. Your talent is immense and it was because of you that we were able as a team to forge on and try to make the improvements that we did. So while I commend you on this occasion of your retirement, I will tell you that it is with a heavy heart that we see you go because we need more people in government like you and we need more people devoted to the cause of bettering Texas as you have proven time and time again. So congratulations, my friend, and thank you for all the good work.

SENATOR STEVE OGDEN: Chair recognizes Senator Rodriguez.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members. I didn't want to pass up the opportunity, Senator Lucio, to thank you for bringing this resolution. I'm new to the body, as you know, Mr. Saenz but I want people to know he was very helpful to me at the outset, available for providing me information that I had on transportation back home. We had a big issue that I had to grapple with that he was readily able to come over to the office and answer my questions and always available on the phone, as I found out as soon as I called. And so I want to thank you for that opportunity that I had to work with you at the tail end of your career and wish you the best of luck, you and your family. Thank you.

SENATOR STEVE OGDEN: Senator Lucio, you're recognized for a motion.

SENATOR EDDIE LUCIO: Mr. President and members, I proudly move at this time that we pass Senate Resolution 986 in recognition of an outstanding Texan Amadeo Saenz, Jr..

SENATOR STEVE OGDEN: Is there objection to the adoption of the resolution? Chair hears none, the resolution is adopted. Senator Williams.

SENATOR TOMMY WILLIAMS: Mr. President, I move that we add all members' names to the resolution.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, so ordered. Chair recognizes Senator Hinojosa to introduce the doctor of the day.

SENATOR JUAN HINOJOSA: Thank you, Mr. President. Today I have the honor of introducing the doctor of the day, that's Dr. Jean-Jacques Carr. He was educated doctor of medicine at the University of Texas Medical Branch at Galveston. He received his bachelor of science at Texas Tech University Lubbock. He was a medic in the United States Army training command in the medical specialty school in Fort Sam Houston. He interned as family of practice -- thank you, Mr. President. He did his internship in family practice in Corpus Christi, family practice residency program, and he is board certified in family practice. And as you well know, we have a shortage of physicians in family certification practice. He's now in private practice in family medicine in Corpus Christi, he did his family of practice in Scotty White clinics and he is experienced in emergency room medicine and also in urgent care clinics medicine. And let me tell you he's also from Robstown, Texas, Cotton Joe, a great barbecue place that burned down. And, Doctor, I just want to welcome you to the Texas Senate. Thank you for being a family practitioner, and we need more doctors like you. Please help me welcome Dr. Jean-Jacques Carr.

SENATOR STEVE OGDEN: The following message from the governor. Secretary will read the message.

PATSY SPAW: To the Senate of the 82nd legislature regular session: I ask the advice, consent confirmation of the Senate with respect to the following appointments. To be the District Attorney for the 109th judicial district Crane and Winkler counties: Dorothy Ann Holguin, Kermit. To be members of the Texas State Board of Public Accountancy: J. Coalter Bakerholt, Austin; John R. Brodis, El Paso; Jonathan B. Cluck, Fair Oaks Ranch; Rocky L. Duckworth, Houston; Catherine Roadwall, Dallas. Respectfully submitted Rick Perry, governor of Texas. To nominations.

SENATOR STEVE OGDEN: Chair lays out the following resolution by Zaffirini. Secretary will read the resolution.

PATSY SPAW: Senate Resolution 969, WHEREAS, The Senate of the State of Texas is pleased to recognize Destiny Bailey, who has been selected as Laredo's 2011 Youth of the Year; and WHEREAS, The Laredo Youth of the Year program is sponsored by the United States Border Patrol and Senator Judith Zaffirini to honor an outstanding student who excels academically and serves as a leader in the community; and WHEREAS, A senior at John B. Alexander High School of the United Independent School District, Destiny has maintained a grade point average of 105.34, which ranks second out of a class of 563; she is one of the highest-achieving students in her calculus class and is a member of the National Honor Society; and WHEREAS, Throughout her high school years, she has consistently excelled academically and has emerged as a leader among her classmates; she has served as president of her class for the last three years, is a member of the Superintendent Advisory Committee, and has served as a tutor and as a motivational speaker at elementary schools; and WHEREAS, In addition to her exceptional performance in school, Destiny takes her role as Miss Laredo Teen USA 2010 seriously and structures her life accordingly, serving as an example to young people; she enjoys working with children and is active in her community; and WHEREAS, Destiny plans to attend Johns Hopkins University in Baltimore and will major in neuroscience; her goal is to attend medical school and become a neurologist and research scientist; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby commend Destiny Bailey on her outstanding accomplishments and extend to her congratulations on earning the title of Laredo's 2011 Youth of the Year; and, be it further RESOLVED, That a copy of this Resolution be prepared for her as an expression of esteem from the Texas Senate by Zaffirini.

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

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, it's my great pleasure to introduce the Senate Resolution 969 recognizing Destiny Baylor, Laredo's 2011 youth of the year. Each year I'm delighted to collaborate with the State Border Control director to sponsor the youth of the month and the head of the class programs. Students are selected for their outstanding academic performance and community service. Nine students from each of the high school's in Laredo were chosen as youth of the month this school year. From those nine Destiny was selected as the student most deserving of the title youth of the year and that is why she is here. Destiny is committed not only to academic excellence but also to serving our community. She knows the value of her education and has shared her talents as serving as a tutor and a coach for the National Hispanic Institute. She also has helped countless others donating her time to local charities including Blankets for Babies, the South Texas Food Bank, and the Laredo animal shelter. A leader in student government, she also is a star athlete in a participant in the UIL journalism contest. Destiny draws inspiration from her family who are with her on the Senate floor today. It's my pleasure to introduce to you Destiny Dawn Bailey, her father Harlin Bailey, her mother Laura Bailey and U.S. Border Patrol Raider sector chief Robert L. Harris. More of Destiny's friends and family are in the west gallery including her maternal grandparents Maria

(inaudible) from Zapata and Morta border control officer. It's my pleasure to ask them to rise in the west gallery and be welcomed as I move adoption of Senate Resolution 969. Please join me, members, in welcoming destiny and her family to the Texas Senate.

SENATOR STEVE OGDEN: Is there objection to the adoption of the resolution? The Chair hears none, the resolution is adopted.

SENATOR JUDITH ZAFFIRINI: Mr. President and members, it's also my pleasure to remind you that she's being honored in the lieutenant governor's reception room. I hope you will join us like Senator Birdwell have already dropped by, but please join us in honoring this fine young woman and welcoming her to the Texas Senate and also enjoying our fine food from the Texas Senate kitchen. Thank you, Mr. President and members.

SENATOR STEVE OGDEN: Senator Davis. Mr. Doorkeeper.

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

SENATOR STEVE OGDEN: Admit the messenger.

MESSENGER: Thank you, Mr. President. Mr. President, I'm directed by the House to inform the Senate that the House taken the following action. The House has taken the -- the House passed the following measures. HB1951 pursuant to the adoption of HCR161, the House corrects and returns the --

SENATOR STEVE OGDEN: The Chair recognizes Senator Davis for an introduction.

SENATOR WENDY DAVIS: Thank you, Mr. President and members. It's my pleasure to introduce the page for a day for our office today. Her name is Amanda Lovett. Amanda, will you stand up back there in the back? Amanda is in 4th grade at Al Carlson Applied Learning Center in Fort Worth. She is student counsel vice president, so she's on her way I think to a potential political career. She is a Fort Worth ISD artistic merit award winner in fall of 2010 in the elementary art show. She's had three seasons with Fort Worth youth soccer wildcats and like my daughter Drew, she's had five seasons with the university little league softball which is an extraordinary organization and is really helping to shape the young women leaders in our community. She's an avid reader and a budding cook and with all those talents there's no telling what she will do with her future. We're very proud to have her here from Fort Worth and thank her for her service to the state of Texas as a Senate page. Thank you, Amanda.

SENATOR STEVE OGDEN: : Members, will you take your seats for a memorial resolution? The Chair lays out the following memorial resolution. Secretary will read the resolution.

PATSY SPAW: Senate Resolution 513, WHEREAS, The Senate of the State of Texas honors and commemorates the life of Vivia Halbert, who died February 19, 2011, at the age of 64; and WHEREAS, Vivia Halbert was born July 11, 1946, in Selma, California, to William Avery and Wilma Jean Gilbert; she attended Baylor University from 1964 through 1967; and WHEREAS, Mrs. Halbert used her love of creative sewing and embroidery to forge a fulfilling career at Judy's Stitchery Nook in Harlingen; she was a member of the Tip of Texas Embroiderer's Guild of America, the Frontera Quilt Guild, Incorporated, Fancy Stitchers, Wooly Bee, the Bag Ladies, and the Sassy Seamers; and WHEREAS, A woman of courage, strength, and generosity, she gave unselfishly to others, and her wisdom, warmth, and enthusiasm for living each day to the fullest will not be forgotten; and WHEREAS, She was a devoted wife, mother, and grandmother, and she leaves behind memories that will be treasured forever by her family and many friends; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby extend sincere condolences to the bereaved family of Vivia Halbert: Her husband, Wayne Morris Halbert; her children, Deana Halbert Everett, Stephen Halbert, Shirley Scarborough, and Kevin Halbert; her brother, Geary Gilbert; and her grandchildren, Stephen James Everett and Vivia Joeann Everett; and, be it further RESOLVED, That a copy of this Resolution be prepared for her family as an expression of deepest sympathy from the Texas Senate, and that when the Senate adjourns this day, it do so in memory of Vivia Halbert by Lucio.

SENATOR STEVE OGDEN: Chair recognizes Senator Lucio on the resolution.

SENATOR EDDIE LUCIO: Thank you, Mr. President. Members, it is with great sadness that I bring Senate Resolution 513 before you today. Vivia Halbert was only 64 years of age when she passed away in February earlier this year. She was the victim of a terrible traffic accident while visiting our nation's Capitol in Washington, D.C. Vivia was a creative person, loved so very much by her family and by her community. Vivia was an exemplary citizen of our state, and she will certainly long be remembered with affection and admiration by all who knew her. She is survived by her husband Wayne who is here with us today. In all of my years at the Capitol I can't remember anybody that's been harder -- a harder working type person, knowledgeable but most important always shown -- shows compassion and I describe him as a man with a heart of gold. He is joined by two of his three children Steven Halbert and Dieanna Halbert, Everette and seated in the north gallery I would ask the close friends of the Halbert family to please rise also to be recognized. Members, I can certainly say a lot about the Halbert family and we talk about being a good citizen, we talk about being a good samaritan, we talk about being a good neighbor, this family truly fits each one of those definitions. Mr. President, I move adoption of Senate Resolution 513 in memory of a great woman Ms. Vivia Halbert.

SENATOR STEVE OGDEN: Would all those in favor of the resolution please rise? The resolution is adopted. The following bill on first reading in reference to committee. Secretary will read the bill.

PATSY SPAW: House Bill 1951 to government organization.

SENATOR STEVE OGDEN: Members, if there are no objections I would like to postpone the reading and referral of bills until the end of today's session, is there objection? Chair hears none, the reading and referral is postponed. Members, that concludes the morning call. Senator Williams is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 1696.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members. License plate reader technology is currently functioning in different ways all over the state. It's used by private companies and by city and county police departments. This bill would have the Department of Public Safety develop a pilot program using mobile license plate readers to determine how the technology and data collected can be best used at the state level. The Committee Substitute also clarifies that license plate readers may only be used to identify a vehicle and may not take a photo of persons in the vehicle. Senator Watson also added some language in the committee to place constraints on the information collected by license plate readers, namely that the data collected can only be used for law enforcement purposes. It has to be destroyed after one year unless it's related to a criminal investigation or prosecution and that records related to law enforcement queries data are subject to open records. Members, this is the exact same language that passed out of this body in the Senate Bill 9. I move to suspend the Senate's regular order of business to take up and consider Committee Substitute Senate Bill 1696.

SENATOR STEVE OGDEN: Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1696. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1696 relating to creation of an automatic reader license plate program.

SENATOR STEVE OGDEN: Chair recognizes Senator Williams for a motion.

SENATOR TOMMY WILLIAMS: Move passage to engrossment.

SENATOR STEVE OGDEN: Is there objection? The Chair hears none, the bill is passed to engrossment. Senator Williams is recognized for a motion to suspend the constitutional three day rule.

SENATOR TOMMY WILLIAMS: So moved.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: Being 31 ayes and no nay, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute Senate Bill 1696. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1696 relating to the creation of a reader license plate pilot program.

SENATOR STEVE OGDEN: Senator Williams is recognized for a motion.

SENATOR TOMMY WILLIAMS: I move final passage.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

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

SENATOR STEVE OGDEN: Senator Hinojosa. Senator Williams is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 1697.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business to take up and consider the Committee Substitute to Senate Bill 1697. This expands the definition of a Special Ranger to allow the Department of Public Safety commission to utilize retired DPS officers, retired Texas Rangers on a voluntary basis to assist with administrative tasks, aid in disaster relief efforts and provide backup for offices in high threat areas, do investigations -- this is the exact same language that passed out of the Senate in Senate Bill 9. Mr. President, I move to suspend the regular order of business in order to take up and consider the Committee Substitute to Senate Bill 1697.

SENATOR STEVE OGDEN: Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1697. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1697 relating to duties and restrictions regarding the Texas Special Rangers.

SENATOR STEVE OGDEN: Chair recognizes Senator Williams on a motion.

SENATOR TOMMY WILLIAMS: I move passage to engrossment.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the bill is passed to engrossment. Senator Williams is recognized on a motion to suspend the constitutional three day rule.

SENATOR TOMMY WILLIAMS: So moved.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: Being 31 ayes and no nays, the rule suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1697. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1697 relating to the duties and restrictions regarding the Special Texas Rangers.

SENATOR STEVE OGDEN: Senator Williams is recognized for a motion.

SENATOR TOMMY WILLIAMS: I move final passage.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

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

SENATOR STEVE OGDEN: Senator Williams is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 1695.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members. This bill improves organized crime statutes by increasing penalties and making those existing statutes more desirable for prosecutors to use. Specifically it makes four or five changes that we discuss when had we passed Senate Bill 9. Senator Davis will offer the same amendment that she did on Senate Bill 9 that adds the element that a person must be part of an identifiable leadership of a criminal street gang and tweaks the object of finance, directs and supervisors language from other gang members who might commit a crime to the actual conspiracy or commission of the crime itself. Mr. President, I move to suspend the Senate's regular order of business to take up and consider the Committee Substitute to Senate Bill 1695.

SENATOR STEVE OGDEN: Is there objection to suspension? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1695. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1695 relating to penalties for engaging in organized criminal activity.

SENATOR STEVE OGDEN: Following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Davis.

SENATOR STEVE OGDEN: Chair recognizes Senator Davis on the amendment.

SENATOR WENDY DAVIS: Thank you, Mr. President. Thank you, Chairman Williams, for the opportunity to lay out this amendment. As it was explained by Chairman Williams, the intent of section six in the bill is to increase penalties for persons commonly known as kingpins and to make existing statutes more applicable for use by prosecutors. The amendment addresses concerns over how kingpin was defined in the bill making an offense specific. This is the same amendment that Chairman Williams accepted and the Senate adopted when the omnibus bill, Senate Bill 9 was on the floor. I move adoption.

SENATOR STEVE OGDEN: Senator Williams.

SENATOR TOMMY WILLIAMS: The amendment is acceptable.

SENATOR STEVE OGDEN: Is there objection to the adoption of the amendment? Chair hears none, amendment is adopted.

SENATOR WENDY DAVIS: Thank you, Mr. President. Thank you, Chairman Williams.

SENATOR STEVE OGDEN: Senator Williams, you're recognized for a motion.

SENATOR TOMMY WILLIAMS: Thank you. I move passage to engrossment of Committee Substitute to Senate Bill 1695 as amended.

SENATOR STEVE OGDEN: Is there objection? The Chair hears none, the bill is passed to engrossment. Senator Williams is recognized for a motion to suspend the constitutional three day rule.

SENATOR TOMMY WILLIAMS: So moved.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: Being 31 ayes and no nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to Senate Bill 1695. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1695 relating to penalties for engaging in organized criminal activity.

SENATOR STEVE OGDEN: Chair recognizes Senator Williams on a motion.

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

SENATOR STEVE OGDEN : The secretary will call the roll.

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

SENATOR STEVE OGDEN: Being 31 ayes and no nays, the bill is finally passed.

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

SENATOR STEVE OGDEN: Senator Hinojosa is recognized for a motion to suspend the regular order of business on Committee Substitute to Senate Bill 1658.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. Senate Bill 1658 deals with Forensic Science Commission and as you well know this commission has been involved in some controversy and we looked at this commission and try to clarify its jurisdiction to make sure it was clear and there wouldn't be any confusion as to what its mission is by statute. The legislation amends the definition of forensic analysis and more clearly defines the scope and jurisdiction of the commission. It clarifies the commission's ability to investigate board accredited and nonaccredited fields of science with certain reporting requirements. It outlines the specific steps they're supposed to take and it gives guidelines for the annual reporting regardless of the investigations and complaints they conduct and receive every year and we -- I will be offering an amendment to address some of the concerns that some of the members had from Senator Joan Huffman and Senator Dan Patrick and Senator Ellis. So with that, I would move suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 1658.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1658. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1658 relating to the duties of an investigations conducted by the Texas Forensic Science Commission.

SENATOR STEVE OGDEN: Following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Hinojosa.

SENATOR STEVE OGDEN: Chair recognizes Senator Hinojosa on the amendment.

SENATOR JUAN HINOJOSA: Thank you, Mr. President. This amendment clarifies some of the authority and part of the amendment is the commission may not issue a finding related to a guilt or innocence of a party in underlying civil and criminal case involving conduct investigated by the commission under this article. What it does is it clarifies and makes it clear that when it's doing a forensic analysis investigation, it is not their mission to find guilt or innocence in the cases, that's not part of the mission or responsibility and they may not issue such a finding. It also -- the amendment also clarifies that a report by the commission is inadmissible as evidence, written report under this amendment is not admissible in a civil or criminal action -- or in a prosecution. The commission also clarifies that when the commission on its own initiates an investigation, a forensic analysis, that it cannot issue a finding of negligence but may issue a report as to best practices and make recommendations for educational purposes. The amendment also changes the makeup of the board and changes the number of members of the commission from nine to seven and it must be made by the governor of the Senate and two of those appointments will be -- one recommended by the prosecutors and one recommended by the defense lawyers. Criminal defense lawyers and the other five will be experts in forensic science. And with that if I need to answer any questions, if not, Mr. President I move for adoption.

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

SENATOR JOAN HUFFMAN: Permission to question the author of the amendment or the bill.

SENATOR STEVE OGDEN: Senator Huffman, you're recognized.

SENATOR JOAN HUFFMAN: Thank you. Senator Hinojosa, you have gone through the amendment but I just want to make it -- clarify the language perfectly so our legislative intent is clear. Thank you also for allowing me to work with you on this amendment. And so I just want to clarify a couple of issues here. The purpose of the Forensic Science Commission will be to have a group of experts who understand forensic science and are able to participate meaningfully in the process to make sure our courts are doing what they need to do and the rights of everyone is being protected; is that correct?

SENATOR JUAN HINOJOSA: That's correct, Senator.

SENATOR JOAN HUFFMAN: And this new makeup we're hoping should make it more of a commission that's geared more toward expert advise and knowledge but also has a prosecutor and a defense lawyer on board so they could contribute to the actual courtroom practices to add expertise in that area; is that correct?

SENATOR JUAN HINOJOSA: That's correct. And help identify the best practices and which forensic analysis may be not needed anymore or need to be discarded.

SENATOR JOAN HUFFMAN: All right. And most importantly we're making it very clear that the work that this commission does is not intended to be used as a determinate of guilt or innocence or of a case that happened in the past or a case that may happen in a future case; is that correct?

SENATOR JUAN HINOJOSA: Correct. It's focused on the forensic analysis that's used in a particular case or a forensic analysis that is recommended by the FBI or by a law school or law review article. But you're correct on that.

SENATOR JOAN HUFFMAN: Right. So this is not going to be an innocence commission; is that correct?

SENATOR JUAN HINOJOSA: That is correct.

SENATOR JOAN HUFFMAN: And also there would be no circumstances whatsoever in any court in Texas whether it be a criminal trial or a civil trial that a report that came out of this commission would be admissible in a trial; is that correct?

SENATOR JUAN HINOJOSA: It would not be admissible for evidence against or for any of the parties involved in the case.

SENATOR JOAN HUFFMAN: All right.

SENATOR JUAN HINOJOSA: But there's certain reports pouring out that certain analysis of the -- it's approved by the commission, then I would assume the court would use at its discretion.

SENATOR JOAN HUFFMAN: Yes. Thank you very much for allowing me to work with you on this, Senator Hinojosa.

SENATOR JUAN HINOJOSA: Thank you for helping me draft some of the issues and focus on the commission and focus on its true work and that is focusing on forensic analysis.

SENATOR JOAN HUFFMAN: All right. Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Huffman. Senator Ellis, for what purpose?

SENATOR RODNEY ELLIS: Just ask a couple questions of the Senator.

SENATOR KEVIN ELTIFE: Senator Hinojosa, do you yield?

SENATOR JUAN HINOJOSA: Yes, sir.

SENATOR RODNEY ELLIS: Senator, I too appreciate the work that you have put in this and heard some of the explanation. I know because it is a Senate bill this late in the process certainly none of us would want to do anything to slow it down, but I want to make sure that you're willing to work with me if some of the groups that may want to have some input in the process that as this bill works its way through the House that we don't have any unintended consequences as it goes forward.

SENATOR JUAN HINOJOSA: Of course, Senator Ellis. And I will tell you this legislation was bedded by the commission and the attorneys and I think it's the best improvement of what we have right now.

SENATOR RODNEY ELLIS: Okay. And I heard the explanation. I do want to make sure that I make the point, and I think you'll agree, that the commission as it exists, the languages that is in it in no way is a reason that politics came into play. No matter which created, if someone decides to make it political that can happen, but I think we all appreciate the work that a number of the lawyers and advocacy groups do. As you know, someone was released from Dallas -- the Dallas prosecutor's office a couple of days ago and I don't want any of us to act like everything is perfect in Texas. It is interesting that most of these exonerations that have come about, it has been the work of our innocence advocates from around the country, the one that I chair the board of out of New York as well as those here that have led us to see problems in our criminal justice system in Texas. So I guess the point that I'm making this is no way to indicate the bill that you passed that I think my staff might have found a vehicle to add it to was not a good bill. And even under this one if someone decides that they want to deny reality that our criminal justice system has flaws, they will do that. So this is in no way of indication what you passed before was bad, this is just building on lessons that we have learned.

SENATOR JUAN HINOJOSA: That's correct. And, Senator Ellis, outside groups are not excluded from doing their thing. When we have open to hearings of the commission, they come to testify on, for, or against and I don't think it restricts them in any way, shape or form.

SENATOR RODNEY ELLIS: Because they've added a lot, I mean, as you know, you and I this concept by the way came from a so-called outside advocacy group that went to you, Senator Whitmire and me saying, why don't we look at what has been happening around the country and see if we can learn best practices about science. It's not about trying to try it, but when looking at when a mistake has been made and we know it looking at it to make sure no junk science has been used.

SENATOR JUAN HINOJOSA: And I think this legislation does that.

SENATOR RODNEY ELLIS: Okay. Thank you. Pleased to support and thank you for your leadership.

SENATOR JUAN HINOJOSA: Thank you, Senator Ellis.

SENATOR KEVIN ELTIFE: Thank you, Senator Ellis. Senator Hinojosa moves adoption of floor amendment No. 1. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 2 by Hinojosa.

SENATOR JUAN HINOJOSA: I think, Mr. President and members, this amendment is just a clarification that a majority vote means majority vote by the commission and not just a quorum because it's an important decision, so it's just a clarification. I move adoption.

SENATOR KEVIN ELTIFE: Members, you've heard the explanation of floor amendment No. 2 by Hinojosa. Is there objection? The Chair hears none, floor amendment No. 2 is adopted. Senate Bill 1658, Senator Hinojosa you're recognized for a motion.

SENATOR JUAN HINOJOSA: I move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Hinojosa now moves passage to engrossment, is there objection? Chair hears none, Committee Substitute SB1658 as amended is passed to engrossment. Senator Hinojosa, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR JUAN HINOJOSA: I so move, Mr. President.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1658. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1658 relating to the duties of investigations conducted by the Texas Forensic Science Commission.

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

SENATOR JUAN HINOJOSA: I move for final passage of Committee Substitute to Senate Bill 1658 as amended.

SENATOR KEVIN ELTIFE: Senator Hinojosa now moves final passage of Committee Substitute to SB1658 as amended. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute SB1658 as amended is finally passed. Congratulations, Senator Hinojosa.

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

SENATOR KEVIN ELTIFE: Senator Watson's recognized for a motion to suspend the regular order of business to take up and consider Committee Substitute SB1652.

SENATOR KIRK WATSON: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business to take up and consider at this time the Committee Substitute for Senate Bill 1652. Members, this bill is identical to the amendment that we unanimously put on the Senate Bill 1811, Senator Duncan's fiscal matters bill. It would make government more transparent in a straightforward, more common sense way through better fee reporting, a more open process for interim budget changes and more frequent meetings of the LBB and state's cash management committee. I move suspension of the rules.

SENATOR KEVIN ELTIFE: Senator Watson moves suspension of the regular order of business to take up and consider Committee Substitute to Senate Bill 1652. Is there objection? The Chair hears none, rule is suspended. The Chair lays out on second reading Committee Substitute to Senate Bill 1652. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1652 relating to the implementation of new processes for the purpose of budget transparency.

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

SENATOR KIRK WATSON: Mr. President, I move passage to engrossment of Committee Substitute to Senate Bill 1652.

SENATOR KEVIN ELTIFE: Senator Watson now moves passage to engrossment. Is there objection? Chair hears none, Committee Substitute SB1652 is passed to engrossment. Senator Watson, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR KIRK WATSON: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute SB1652, the rules are suspended. The Chair lays out on third reading and final passage Committee Substitute to SB1652. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1652 relating to the implementation for new processes for the purpose of budget transparency.

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

SENATOR KIRK WATSON: Mr. President, I move final passage of the Committee Substitute to Senate Bill 1652.

SENATOR KEVIN ELTIFE: Senator Watson moves final passage of Committee Substitute to Senate Bill 1652. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute SB1652 is finally passed. Congratulations, Senator Watson.

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

SENATOR KEVIN ELTIFE: Senator Wentworth is recognized for a motion to suspend the regular order of business on SB1424.

SENATOR JEFF WENTWORTH: Mr. President, I move to suspend the regular order of business to take up and consider Senate Bill 1424. Currently under the Texas Medical Practice Act physicians going through a licensure enforcement action are essentially provided a two step process. The first step is the informal step with an informal hearing in which all parties attempt to agree on a satisfactory agreement or dissolution of an action. If the parties cannot agree, the process moves to the second step which is a formal hearing at the State office Of Administrative Hearings. For citizens of Texas who do not hold medical licenses and are accused of practicing medicine without a license, the law as presently constructed currently provides limited due process safeguards. The Texas Medical Board after notice and a hearing may issue a cease and desist order without giving the citizen an opportunity for a formal hearing. This bill simply provides those citizens the same two step process I just described. Any citizen who is not licensed but who finds themselves in the unique position of being investigated by the medical board potentially faces the very real effect of loss of employment, loss of business, loss of liberty, and the conviction of practicing medicine without a license is a third degree felony in Texas. Loss of reputation and economic loss through hiring an attorney and proceeding through the legal process. Basic due process and fairness must be afforded to these citizens and this is accomplished in Senate Bill 1424. Mr. President, we had over 40 witnesses who testified in favor of this bill in subcommittee and no one who testified against it. I move suspension of the regular order of business in order to take up Senate Bill 1424.

SENATOR KEVIN ELTIFE: Senator Wentworth moves suspension of the regular order of business to take up and consider SB1424. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading SB1424. The secretary will read the caption.

PATSY SPAW: SB1424 relating to issuance of cease and desist orders by the Texas Medical Board.

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

SENATOR JEFF WENTWORTH: Mr. President, I move passage to engrossment of Senate Bill 1424.

SENATOR KEVIN ELTIFE: Senator Wentworth now moves final engrossment. Is there objection? Chair hears none, SB1424 is passed to engrossment. Senator Wentworth, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR JEFF WENTWORTH: I so move, Mr. President.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and financial passage SB1424. The secretary will read the caption.

PATSY SPAW: SB1424 relating to the issuance of cease and desist orders by the Texas Medical Board.

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

SENATOR JEFF WENTWORTH: Mr. President, I move final passage of Senate Bill 1424.

SENATOR KEVIN ELTIFE: Senator Wentworth now moves final passage of SB1424. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, one nay, SB1424 is finally passed. Congratulations, Senator Wentworth.

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

SENATOR KEVIN ELTIFE: Senator Uresti, you're recognized for a motion to suspend the regular order of business on SB1520.

SENATOR CARLOS URESTI: Thank you, Mr. President, members, good morning. Senate Bill 1520 is relating to the consideration of applications for permits to operate a liquid waste processing or treatment facility. This legislation will allow TSEQ to determine whether an applicant has the capacity to operate a facility in compliance with their permit and avoid leaving taxpayers on the hook for a costly cleanup. Members, the bill seeks to provide commonsense criteria that should be predicters of an operator's ability to comply with TSEQ rules. There would be one amendment which I intend to offer that I will work with small business stakeholders in the industry to ensure that this bill will bolster the industry, not harm small business, fulfilling the intent of this bill. With that, Mr. President, I move to suspend the regular order of business to take up and consider Senate Bill 1520.

SENATOR KEVIN ELTIFE: Senator Uresti moves suspension of the regular order of business to take up and consider SB1520. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading SB1520. The secretary will read the caption.

PATSY SPAW: SB1520 relating to consideration of applications for permits for certain commercial solid waste processing or treatment facilities.

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

PATSY SPAW: Floor amendment No. 1 by Uresti.

SENATOR KEVIN ELTIFE: Senator Uresti to explain the amendment.

SENATOR CARLOS URESTI: Thank you, Mr. President and members. Floor amendment No. 1 addresses some of the concerns of the stakeholders involved and some of the -- addresses some of the questions that some of the members brought up in committee. This amendment ties in the exemption for processing facilities working in conjunction with the local government. The amendment also ensures that past compliance is only considered if it was poor compliance. And finally the amendment ensures TSEQ considers criminal complaints against a processer only rather than civil complaints. And with that, Mr. President, I move to adopt floor amendment No. 1.

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

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

SENATOR KEVIN ELTIFE: Senator Uresti now moves passage to engrossment. Is there objection? Chair hears none, SB150 as amended is passed to engrossment. Senator Uresti, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR CARLOS URESTI: So moved, Mr. President.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, rule suspended. The Chair lays out on third reading and final passage SB1520. The secretary will read the caption.

PATSY SPAW: SB1520 relating to consideration of applications for permits for certain commercial solid waste processing facilities.

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

SENATOR CARLOS URESTI: Mr. President, I move final passage of SB1520 as amended.

SENATOR KEVIN ELTIFE: Senator Uresti moves final passage of SB1520 as amended. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, SB1520 is finally passed. Congratulations, Senator Uresti.

SENATOR CARLOS URESTI: Thank you.

SENATOR KEVIN ELTIFE: Senator Lucio is recognized for a motion to suspend the regular order of business on House Bill 1936.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. I'd like to move to suspend the regular order of business to take up and consider House Bill 1936. Members, House Bill 1936 does two things. First it allows the Texas Alcohol and Beverage Commission port of entry operation to modernize through self-sufficient funding; and No. 2, secondly, it standardizes the amount of alcohol beverages that persons entering Texas can bring with them. Currently there are different importation limits for state residents and nonresidents. House Bill 1936 passed out of the Texas House on the local and uncontested calendar late April and was reported favorably to the Senate business and commerce committee earlier this month. I move suspension of the rules, Mr. President.

SENATOR KEVIN ELTIFE: Senator Lucio moves suspension of the regular order of business to take up and consider House Bill 1936. Is there objection? The Chair hears none, rules are suspended. The Chair lays out on second reading House Bill 1936. The secretary will read the caption.

PATSY SPAW: House Bill 1936 relating to importation and shipment of alcohol beverages for personal consumption.

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

SENATOR EDDIE LUCIO: I'd like to move to third reading, Mr. President.

SENATOR KEVIN ELTIFE: Senator Lucio now moves passage to third reading. Is there objection? The Chair hears none, House Bill 1936 passed to third reading. Senator Lucio, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR EDDIE LUCIO: So moved, Mr. President.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: There being 27 ayes, four nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 1936. The secretary will read the caption.

PATSY SPAW: House Bill 1936 relating to importation and shipment of alcohol beverage for personal consumption.

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

SENATOR EDDIE LUCIO: Thank you, Mr. President. I'd like to move final passage of House Bill 1936 at this time.

SENATOR KEVIN ELTIFE: Senator Lucio now moves final passage of House Bill 1936. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 27 ayes, four nay, House Bill 1936 is finally passed. Congratulations, Senator Lucio.

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

SENATOR KEVIN ELTIFE: Senator Seliger is recognized for a motion to suspend the regular order of business on House Bill 2067.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider House Bill 2067 at this time relating to the regulation of the practice of engineering by individuals engaged in the evaluation of oil and gas resources. These are reservoir engineers. The people who estimate how much oil is in the ground and recoverable, and it's important when it determines the economies of wells and fields and tax appraisals. Recently the staff of Texas Board of Professional Engineers concluded that out of state engineers who evaluate oil and gas resources should be licensed under the Texas Engineering Practice Act. This conclusion gives rise to the concern that other states will begin adopting additional licensing requirements for out of state engineers. This bill ensures that there will be reciprocal consideration for engineers from one state to the other. And I move suspension.

SENATOR KEVIN ELTIFE: Senator Seliger moves suspension of the regular order of business to take up and consider House Bill 2067. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 2067. The secretary will read the caption.

PATSY SPAW: House Bill 2067 relating to the regulation of practice of engineering.

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

SENATOR KEL SELIGER: Thank you, Mr. President. I move passage to third reading of House Bill 2067.

SENATOR KEVIN ELTIFE: Senator Seliger now moves passage to third reading. Is there objection? The Chair hears none, House Bill 2067 is passed to third reading. Senator Seliger, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, the rule suspended. The Chair lays out on third reading and final passage House Bill 2067. The secretary will read the caption.

PATSY SPAW: House Bill 2067 relating to regulation of the practice of engineering.

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

SENATOR KEL SELIGER: Mr. President, I move final passage of House Bill 2067.

SENATOR KEVIN ELTIFE: Senator Seliger now moves final passage of House Bill 2067. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 2067 is finally passed. Congratulations, Senator Seliger.

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

SENATOR KEVIN ELTIFE: Senator Seliger is recognized for a motion to suspend the regular order of business on House Bill 2468.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to suspend the regular order of business on House Bill 2468 at this time relating to providing a patron of pay to park or valet parking service with certain information. Everyone in this room probably at some time or another has left a car with a valet parking service. Do we know who we left that car with and what provisions they made to keep it safe and secure? HB2468 requires a valet or pay to park service with basic information to the customers either by receipt or signage. It does not apply to the owner of the property in which the service is provided and it makes provisions inapplicable to owners of a restaurant or hotel that also owned and provides that valet service. I move suspension.

SENATOR KEVIN ELTIFE: Senator Seliger has moved suspension of the regular order of business to take up and consider House Bill 2468. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 2468. The secretary will read the caption.

PATSY SPAW: House Bill 2468 relating to providing a patron of pay to park valet parking service with certain information.

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

SENATOR KEL SELIGER: Mr. President, I move final third reading of House Bill 2468.

SENATOR KEVIN ELTIFE: Senator Seliger moves passage of third reading of House Bill 2468. Is there objection? Chair hears none, House Bill 2468 is passed to third reading. Senator Seliger, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2468. The secretary will read the caption.

PATSY SPAW: House Bill 2468 relating to providing a patron of pay to park or valet service with certain information.

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

SENATOR KEL SELIGER: Thank you, Mr. President. I move final passage of House Bill 2468.

SENATOR KEVIN ELTIFE: Senator Seliger moves final passage of House Bill 2468. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, House Bill 2468 is finally passed. Congratulations, Senator Seliger.

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

SENATOR KEVIN ELTIFE: Senator Watson is recognized for a motion to suspend the regular order of business on Committee Substitute SB1698.

SENATOR KIRK WATSON: Thank you, Mr. President. Members, Senate Bill 1698 is a bill by Senator Williams. He is -- has asked me to lay Senate Bill 1698 out for him. It's -- members, this bill -- it's estimated that in Texas hundreds of criminal illegal aliens are currently in our jail system and local communities and state taxpayers end up footing the bill for people who should -- who should not have been in the country. Senate Bill 1698 would require the Commission on Jail Standards to include the number of people in Texas prisons who have had an Immigration Customs Enforcement detainer issues. Additionally the bill clarifies that the cost calculation required may be based on the average daily cost of housing an inmate. This bill is one of the component parts of Senate Bill 9 which has passed this body. I move the suspension of the regular order of business.

SENATOR KEVIN ELTIFE: Senator Watson moves suspension of the regular order of business to take up and consider Committee Substitute SB1698. Is there objection? The Chair hears none, the rules are suspended. Chair lays out on second reading Committee Substitute SB1698. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1698 relating to reporting concerning inmates who are confined in county jails and subject to federal immigration detainers.

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

SENATOR KIRK WATSON: Mr. President, I move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Watson now moves passage to engrossment. Is there objection? The Chair hears none, Committee Substitute SB1698 is passed to engrossment. Senator Watson, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR KIRK WATSON: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1698. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1698 relating to reporting concerning inmates who are confined in county jails and subject to federal immigration detainers.

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

SENATOR KIRK WATSON: Mr. President, I move final passage of Committee Substitute of Senate Bill 1698 on behalf of Senator Williams.

SENATOR KEVIN ELTIFE: Senator Watson on behalf of Senator Williams now moves final passage of Committee Substitute SB1698. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute SB16918 finally passed. Congratulations, Senator Watson, thank you. Senator Watson is recognized for a motion to suspend the regular order of business on SB1699.

SENATOR KIRK WATSON: Thank you, Mr. President. Members, Senate Bill 1698 is another bill by Senator Williams, he's tied up in conference committee and asked me to lay it out on his behalf. Senate Bill 1699 is also one of those bills that was a component part of Senate Bill 9 which has already passed this body. Senate Bill 1699 will authorize the Department of Public Safety to use fingerprints to confirm the identity of driver's license applicants to determine whether applicants are fugitives and eliminate the ability of gang and cartel members to use fictitious documents to obtain multiple driver's licenses. Texas law currently prohibits Department of Public Safety from issuing a license to a person who has failed to appear before the court and therefore has a pending warrant. DPS currently takes a thumbprint of a driver's license applicant and checks criminal history based on the information provided by the applicant during the processing of driver's license. This bill would allow DPS to do a realtime cross reference with a criminal fingerprint database and arrest an applicant with a pending warrant. Just as a note on the bill language, image verification system is in reference to the picture of the fingerprint rather than a picture of the person. Mr. President, I move that the Senate suspend the regular order of business to take up at this time the Committee Substitute to Senate Bill 1699 by Williams.

SENATOR KEVIN ELTIFE: Senator Uresti, for what purpose?

SENATOR CARLOS URESTI: Will the gentleman yield for a question?

SENATOR KEVIN ELTIFE: Will the gentleman yield?

SENATOR KIRK WATSON: I'd be happy to.

SENATOR CARLOS URESTI: Thank you, Senator Watson.

SENATOR KIRK WATSON: Actually I wouldn't be that happy, but I will do it.

SENATOR CARLOS URESTI: Thank you, I was just wondering since you're not able to pass any of your bills out of the Senate, are you trying to pass other members' bills?

SENATOR KIRK WATSON: I appreciate your question, thank you very much.

SENATOR KEVIN ELTIFE: Senator Uresti, that line of questioning is out of order.

SENATOR KIRK WATSON: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Senator Watson on behalf of Senator Williams now moves suspension of the regular order of business to take up and consider Committee Substitute SB1699. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading Committee Substitute SB1699. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1699 relating to authorizing the use of image verification system on a driver's license.

SENATOR KEVIN ELTIFE: Senator Watson's recognized for a motion.

SENATOR KIRK WATSON: Thank you very much, Mr. President. I move passage to engrossment of Committee Substitute to Senate Bill 1699.

SENATOR KEVIN ELTIFE: Senator Watson now moves passage to engrossment, is there objection? Char hears none, Committee Substitute SB1699 is passed to engrossment. Senator Watson is recognized for a motion to suspend the constitutional three day rule.

SENATOR KIRK WATSON: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 29 ayes, two nays, rule is suspended. The Chair lays out on third reading and final passage SB1699. The secretary will read the caption.

PATSY SPAW: Committee Substitute Senate Bill 1699 relating to authorizing the use of an image verification system to determine whether an applicant is a fugitive from justice.

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

SENATOR KIRK WATSON: Mr. President, I move on behalf of Senator Williams final passage of the Committee Substitute to Senate Bill 1699.

SENATOR KEVIN ELTIFE: Senator Watson moves on behalf of Senator Williams, besides the protest by Senator Uresti, Committee Substitute to Senate Bill 1699. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 29 ayes, two nay, Committee Substitute SB1699 is finally passed. Congratulations, Senator Watson and Williams. Senator Estes is recognized for a motion to suspend the regular order of business on House Bill 1840.

SENATOR CRAIG ESTES: Thank you, Mr. President and members. Members under current Texas law certain counties have more authority of the regulation of slaughter houses than other counties. So this bill is for two counties, Navarro in Senator Birdwell's district and Collin County in my district that gives county commissioners authority to have slaughter houses to obtain a permit from the county. And Senator Birdwell's bill and my bill have been combined together. And with that I move to suspend the Senate's regular order of business to take up and consider at this time Committee Substitute of House Bill 92.

SENATOR KEVIN ELTIFE: Senator Estes moves suspension -- Senator Estes --

SENATOR CRAIG ESTES: I got the wrong bill, don't I?

SENATOR KEVIN ELTIFE: Yes, we're on 1840.

SENATOR CRAIG ESTES: I'm sorry, I better pay better attention. Okay start over. Forget everything I said. Actually remember everything I said for the next bill I do.

SENATOR KEVIN ELTIFE: Senator Estes, we have House Bill 92 up here if you would like to do that.

SENATOR TOMMY WILLIAMS: You want to do that?

SENATOR KEVIN ELTIFE: Is that all right with you?

SENATOR CRAIG ESTES: All right, thank you.

SENATOR KEVIN ELTIFE: Is that all right with you, Senator Estes? You want to go with 92?

SENATOR CRAIG ESTES: 92 would be great.

SENATOR KEVIN ELTIFE: Members, we are on now House Bill 92 and I believe that's what Senator Estes just described. So we're going to move forward with Committee Substitute House Bill 92. Senator Estes has moved suspension of the regular order of business to take up and consider Committee Substitute to House Bill 92. Is there objection? The Chair hears none. The rule is suspended. The Chair lays out on second reading had been 29. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 29 relating to the regulation of slaughterers by certain counties.

SENATOR KEVIN ELTIFE: Following amendment, secretary read the amendment.

PATSY SPAW: Floor amendment No. 1 by Estes.

SENATOR KEVIN ELTIFE: Senator Estes to explain the amendment.

SENATOR CRAIG ESTES: Thank you, Mr. President and members. Members, this amendment is Senate Bill seven -- 478 that we passed out of here and it's been delayed in the House. What this amendment does is it amends the Texas agriculture code to include bison in the estray law. And with that I move adoption.

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

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

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

SENATOR CRAIG ESTES: So moved, Mr. President.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, rule is suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 92. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 92 relating to the regulation of slaughterers by certain counties.

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

SENATOR CRAIG ESTES: I move final average of Committee Substitute to House Bill 92, Mr. President.

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

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute House Bill 92 is finally passed. Congratulations, Senator Estes.

SENATOR CRAIG ESTES: Thank you, Mr. President. Be happy to be recognized on the next bill.

SENATOR KEVIN ELTIFE: Senator Estes is recognized for a motion to suspend the regular order of business on House Bill 1840 at this time.

SENATOR CRAIG ESTES: Thank you, Mr. President. And now, we'll get to the one that you wanted to get to before. House Bill 1840. Members, this bill before us establishes the Texas Grain Producers Indemnity Board to allow grain producers to pay assessments to protect themselves from financial ruin in the event of a grain warehouse financial collapse. Members, in the last two years 17-grain elevators have abruptly gone bankrupt or failed. So this bill is an effort to protect these producers. This bill is not a mandate, it allows farmers of soy bean, soot and grain, in the state of Texas the option to form a board to protect themselves from loss and damage due to the financial failure of a grain warehouse. And I'd like to thank Senator Hegar for providing his expertise and making this bill even better. I believe he has a floor amendment that is favorable to the author. I move suspension.

SENATOR KEVIN ELTIFE: Senator Estes now moves suspension of the regular order of business to take up and consider House Bill is 1840. Is there objection? Hearing none, rule is suspended. The Chair lays out on second reading House Bill 1840. The secretary will read the caption.

PATSY SPAW: House Bill 1840 relating to creation and functions of Texas Grain Producers Indemnity Board.

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

PATSY SPAW: Floor amendment No. 1 by Hegar.

SENATOR KEVIN ELTIFE: Senator Hegar to explain the amendment.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. Just before I make some comments on what the floor amendment does, I want to thank Senator Estes and Chairman Phillips for their hard work on this legislation. They both worked very, very hard and worked with a lot of stakeholders to get us to the point where I think we have actually a very good bill that does a lot of good for the producers here in the state of Texas to create a program, where hopefully we will never have a situation happen again where literally someone steals people's grain, steals their property and then they're left literally with nothing other than bankruptcy. Something like this will give producers an alternative and allow them the opportunity to create a fund that's run by them and allow them, if a situation like this ever happens again, to actually get reimbursed to continue to stay in business. Because if they didn't have this they would not be able to. This amendment, I just worked on it with both the authors to literally try to change the makeup of the board. We would remove the attorney with expertise and bankruptcy and then split out the membership of the coops as well as the Grain Feeders Association and give a little bit of flexibility to the board in trying to make sure they can provide information to the producers as well as to get producers the opportunity to have their money quicker. And so I've just tried to change and give a little flexibility in this and I really appreciate Senator Estes in working with us on this and I would just ask adoption of floor amendment No. 1 to House Bill 1840.

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

SENATOR CRAIG ESTES: It is acceptable.

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

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

SENATOR KEVIN ELTIFE: Senator Estes now moves passage to third reading. Is there objection? The Chair hears none, House Bill 1840 is passed to third reading. Senator Estes you're now recognized for a motion to suspend the constitutional three day rule.

SENATOR CRAIG ESTES: So moved, Mr. President.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 1840. The secretary will read the caption.

PATSY SPAW: House Bill 1840 relating to the creation and functions of the Texas Grain Producer Indemnity Board.

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

SENATOR CRAIG ESTES: Mr. President, on behalf of all the farmers and producers in this state, I move final passage of House Bill 1840.

SENATOR KEVIN ELTIFE: Senator Estes on behalf of farmers and producers moves final passage of House Bill 1840. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes and zero nays, House Bill 1840 is passed on behalf of farmers and producers. Thank you, Senator Estes. Senator Gallegos is recognized for a motion to suspend the regular order of business on SB1826.

SENATOR MARIO GALLEGOS: Thank you, Mr. President. I move to suspend the Senate's regular order of business in order to take up and consider the Committee Substitute for Senate Bill 1826. Members, the Texas Open Meeting Act requires that every governmental meeting or governmental body with some exceptions be open to the public. The Committee Substitute for Senate Bill 1826 amends the definition of deliberation to clarify situations where written communication originates from a member of a governmental body and the members circulates communication amongst a quorum. The -- 1826 also clarifies that Open Meetings Act requires an exchange of active participation amongst the quorum of the governmental body in order for the act to be violated. The bill's language comes directly from the AG's office and reflects what officials are taught per statute of the AG's implementation on the Open Meetings Act. I move to suspend the regular order --

SENATOR KEVIN ELTIFE: Senator Gallegos moves to suspend the regular order of business to take up and consider Committee Substitute SB1826. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute SB1826. The secretary will read the caption.

PATSY SPAW: Committee Substitute SB1826 relating to the definition in open meetings law of the term "deliberation."

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

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

SENATOR KEVIN ELTIFE: Senator Gallegos now moves passage to engrossment. Is there objection? The Chair hears none, Committee Substitute SB1826 is passed to engrossment. Senator Gallegos, you're recognized for a motion to suspend the constitutional --

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 29 ayes, two nays, rule is suspended. The Chair lays out on third reading and final passage Committee Substitute SB1826. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1826 relating to definition in open meetings law of the term "deliberation."

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

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

SENATOR KEVIN ELTIFE: Senator Gallegos now moves final passage of the Committee Substitute Senate Bill 1826. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 29 ayes, two nay, Committee Substitute to SB1826 is finally passed. Congratulations, Senator Gallegos.

SENATOR MARIO GALLEGOS: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Senator Van de Putte is recognized for a motion to suspend the regular order of business on House Bill 2014.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business to take up and consider at this time the Committee Substitute to House Bill 2014. Members, House Bill 2014 is one of the package of bills coming from the recommendations of the human trafficking task force that was established by the legislature, the last legislative session. It is housed, as you know, in the attorney general's office. Senate Bill 24 has already been signed by the governor which was the first part of the recommendations. This bill includes human trafficking and the list of allegations when you're having those in that Texas Alcoholic Beverage code, it gives the commission the ability to refuse to issue a license or a permit for a special location. It also enhances penalties for the sale or the purchase of a child if it's for human trafficking. They're all in all, if you see, members, a large bill but these are about 13 of the recommendations that came from the attorney general's task force on human trafficking and the only difference is we eliminated all fees from the bill as it came over in the House and made sure that we have the strong and the same language that was in there that constituted criminal solicitation of a minor. Thank you very much, members. And if there are no questions, I would move to suspend the Senate's regular order of business to take up and consider the Committee Substitute to House Bill 2014.

SENATOR KEVIN ELTIFE: Senator Van de Putte moves suspension of the regular order of business to take up and consider the Committee Substitute to House Bill 2014. Is there objection? Chair hears none, the rule suspended. The Chair lays out on second reading Committee Substitute to House Bill 2014. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2014 relating to certain criminal and consequences of trafficking of persons.

SENATOR KEVIN ELTIFE: Senator Van de Putte, you're recognized for a motion.

SENATOR LETICIA VAN DE PUTTE: Thank you. I move passage of the bill to third reading.

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

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute House Bill 2014 rules are suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 2014. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2014 relating to certain criminal and consequences of trafficking of persons.

SENATOR KEVIN ELTIFE: Senator Van de Putte, you're recognized for a motion.

SENATOR LETICIA VAN DE PUTTE: Thank you. I move final passage.

SENATOR KEVIN ELTIFE: Senator Van de Putte now moves final passage of Committee Substitute to House Bill 2014. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nay, Committee Substitute to House Bill 2014 is finally passed. Congratulations, Senator Van de Putte.

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

SENATOR KEVIN ELTIFE: Senator Van de Putte is recognized for a motion to suspend the regular order of business on House Bill 3000.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business to take up and consider at this time House Bill 3000. Members, this is also another bill that is sponsored by Representative Thompson and deals with continuous human trafficking. During the interim we worked with the governor's office at his insistency really to be very forceful on the crime of human trafficking, and in particular when it's human trafficking of a child. This legislation continues human trafficking is reserved for the worst offenders of human trafficking who commit the crime two or more times. Members, this is a very strong bill but it's one that we feel merits approval because this is a heinous crime, in particular selling of a child for the purposes of human trafficking either into forced labor or the forced sex slave industry. Move the suspension of the regular order of business to take up and consider House Bill 3000.

SENATOR KEVIN ELTIFE: Senator Van de Putte move suspension of the regular order of business to take up and consider House Bill 3000. Is there objection? The Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 3000. The secretary will read the caption.

PATSY SPAW: House Bill 3000 relating to creating the offense of continued trafficking of persons.

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

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. Chairman and members -- I'm sorry, Mr. President. I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Van de Putte moves passage to third reading. Is there objection? Chair hears none, House Bill 3000 is passed to third reading. Senator Van de Putte you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 3000. The secretary will read the caption.

PATSY SPAW: House Bill 3000 relating to creating the offense of continuous trafficking of persons.

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

SENATOR LETICIA VAN DE PUTTE: I move final passage of House Bill 3000.

SENATOR KEVIN ELTIFE: Senator Van de Putte now moves final passage of House Bill 3000. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, House Bill 3000 is finally passed. Congratulations, Senator Van de Putte.

SENATOR LETICIA VAN DE PUTTE: Thank you.

SENATOR KEVIN ELTIFE: Senator Rodriguez is recognized for a motion to suspend the regular order of business on House Bill 205.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members. House Bill 205 is identical to my Senate Bill 1088 which was unanimously voted out of the Senate finance committee last month. Senate Bill 205 passed the House on local and consent calendar on April the 7th. This bill would allow the city of El Paso to receive 1 percent of the sales tax revenue collected by retailers at Fort Bliss including the Freedom Crossing Shopping Center. Retail business at the military post has collected sales tax in the amount of 8 and a quarter percent and 1 percent of that has been going to the city of El Paso. However, in the fall of 2010 it was determined that although the city of El Paso surrounds Fort Bliss, the base was not within the city limits and therefore could not receive the 1 percent that was being collected without legislative action. Shortly after this was discovered the Freedom Crossing at Fort Bliss, a major 100 billion shopping development opened its doors. This shopping center has a projected 300 million in annual sales tax, and the city of El Paso's portion of that would be three and a half million per year. No new tax, members, has been imposed, this is not a tax on the military. Mr. President and members, I move to we suspend the regular order of business and all necessary rules to take up and consider House Bill 205.

SENATOR KEVIN ELTIFE: Senator Rodriguez moves suspension of the regular order of business to take up and consider House Bill 205. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 205. The secretary will read the caption.

PATSY SPAW: House Bill 205 relating to the imposition by certain municipalities and municipal transit of certain used sales tax and certain military installations.

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

SENATOR JOSE RODRIGUEZ: Mr. President and members, I move passage of House Bill 205 to third reading.

SENATOR KEVIN ELTIFE: Senator Rodriguez now moves passage to third reading. Is there objection? The Chair hears none, House Bill 205 is moved to third reading. Senator Rodriguez is 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.

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

SENATOR KEVIN ELTIFE: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage House Bill 205. The secretary will read the caption.

PATSY SPAW: House Bill 205 relating to the imposition by certain municipalities in transit of department of the local sales tax in certain military installation.

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

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

SENATOR KEVIN ELTIFE: Senator Rodriguez now moves final passage of House Bill 205. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, one nay, House Bill 205 is finally passed. Congratulations, Senator Rodriguez.

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

SENATOR KEVIN ELTIFE: Senator West, you ready on 1485? Senator West is recognized for a motion to suspend the regular order of business on Committee Substitute SB1485.

SENATOR ROYCE WEST: Thank you very much, Mr. President. Mr. President and members, at this time I'd move to suspend the Senate's regular order of business to take up and consider at this time the Committee Substitute for Senate Bill 1485. The bill provides the authority for a school district to implement a school bus monitoring system to record images of vehicles that pass a stopped school buses and provide for the imposition of civil penalties. Members, I don't need to go into all of the facts concerning this, but let me just talk about one study. A Texas DPS study in 2006 indicated that in one day over 12,850 violations occurred. This particular bill would give school districts the ability to implement the system of funds that a generator would be able to go back and the purchase of school safety buses and also safety activities. I'd move to suspend 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 SB1485. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute SB1485. The secretary will read the caption.

PATSY SPAW: Committee Substitute to Senate Bill 1485 relating to the authority of a school district to implement a school bus monitoring system.

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

SENATOR ROYCE WEST: Move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator Jackson, for what purpose?

SENATOR MIKE JACKSON: Will the gentleman yield?

SENATOR ROYCE WEST: Yes.

SENATOR MIKE JACKSON: Thank you. I just had a couple of questions for clarification and I was looking at my notes and I'm seeing that we're having $75 penalties here and what would that be for?

SENATOR ROYCE WEST: It would be -- what would the penalty be for?

SENATOR MIKE JACKSON: No, what would the penalty be for?

SENATOR ROYCE WEST: I don't understand, the penalty would be for passing the bus.

SENATOR MIKE JACKSON: This is for automobile traffic going around the bus when red stop signs are out?

SENATOR ROYCE WEST: That's correct.

SENATOR MIKE JACKSON: Okay. And what's the current penalty for -- I thought we had pretty high penalties for that kind of violation currently.

SENATOR ROYCE WEST: You can still -- it's just like -- it's analogous to having the stop signs -- the cameras at the red light.

SENATOR MIKE JACKSON: Red light.

SENATOR ROYCE WEST: It's analogous to that. This ends up being a civil fine and, you know, we still have the criminal fine also.

SENATOR MIKE JACKSON: Oh, okay. So we're going to do --

SENATOR ROYCE WEST: I think you were against that anyway, weren't you?

SENATOR MIKE JACKSON: We're going to mount a camera on the bus to record the violations and mail a citation or penalty?

SENATOR ROYCE WEST: That's correct. You don't want -- let me ask you this, you don't want people going by school buses. Do you know how many fatalities we've had? Do you want to talk about that?

SENATOR MIKE JACKSON: Who would be collecting the money?

SENATOR ROYCE WEST: School districts or a third party that they would hire to do so.

SENATOR MIKE JACKSON: Would this be available to any school district any size in the state of Texas?

SENATOR ROYCE WEST: Right now it would be a pilot project but I'd be more than happy -- I want to make it available to any school district that wanted it. We wanted to limit it in scope to districts that already have these cameras, but the reality is if you want to increase it, I'd be more than happy to.

SENATOR MIKE JACKSON: Okay. And the pilot program that you have would be utilized where?

SENATOR ROYCE WEST: In those areas that -- I know Dallas has a camera system in place right now.

SENATOR MIKE JACKSON: In areas that already have cameras you say?

SENATOR ROYCE WEST: Yes.

SENATOR MIKE JACKSON: Do you know of any other districts?

SENATOR ROYCE WEST: I know that Dallas has it, I haven't checked on any other districts.

SENATOR MIKE JACKSON: Okay. So --

SENATOR ROYCE WEST: Dallas County.

SENATOR MIKE JACKSON: Dallas Independent School District, I guess. The second largest school district in the state.

SENATOR ROYCE WEST: Correct.

SENATOR MIKE JACKSON: Okay. Are you aware that -- I guess you brought it up -- relating to the red light cameras that have been passed over the last two or three sessions where --

SENATOR ROYCE WEST: They've actually reduced fatalities in the intersection, that's been the information that I've received. They've reduced the number of people that are running red lights and number of fatalities and injuries that have occurred. So hopefully with this we'll be able to reduce the number of people that are running those stop signs when buses are stopped.

SENATOR MIKE JACKSON: Are you aware that the voters in Houston voted to discontinue the use of cameras in the city of Houston?

SENATOR ROYCE WEST: This doesn't apply to the city of Houston.

SENATOR MIKE JACKSON: Well, it may. You said you haven't checked with other districts.

SENATOR ROYCE WEST: Well, if you want to check to see whether or not Houston is applicable, we can pull Houston out. This deals with Dallas County right now.

SENATOR MIKE JACKSON: Okay. But it's not bracketed to Dallas County.

SENATOR ROYCE WEST: It's bracketed by those who already have a program in place by a year.

SENATOR MIKE JACKSON: Okay. And they're currently utilizing these cameras to do what your bill is saying they can do?

SENATOR ROYCE WEST: Yes, sir.

SENATOR MIKE JACKSON: Yes?

SENATOR ROYCE WEST: Yes.

SENATOR MIKE JACKSON: Okay. If they're already doing it, why do we need this bill?

SENATOR ROYCE WEST: They can do it in terms of issuing a civil penalty on it.

SENATOR MIKE JACKSON: I couldn't hear you, I'm sorry.

SENATOR ROYCE WEST: There is no civil penalty attached to it right now.

SENATOR MIKE JACKSON: I see, I see, okay. Are you aware -- I know this bill doesn't apply to Houston but are you aware that five months after the red light cameras stopped being used in Houston that the traffic accidents have dropped by 16 percent at those 50 intersections?

SENATOR ROYCE WEST: No, I'm not aware of that.

SENATOR MIKE JACKSON: It's pretty amazing.

SENATOR ROYCE WEST: But what it goes to tell you is this, that it actually worked. That's what it's doing, it tells you that it actually worked by people knowing that --

SENATOR MIKE JACKSON: Your bill is just going to allow them to continue what they're doing but come up with a dollar amount that they would issue a citation to a driver -- or not necessarily a driver, it could be the owner of the vehicle, correct?

SENATOR ROYCE WEST: That's correct.

SENATOR MIKE JACKSON: And then school districts would be able to utilize -- or Dallas Independent School District.

SENATOR ROYCE WEST: Would able to use to purchase school buses and also safety programs, yes.

SENATOR MIKE JACKSON: Would that -- the proceeds from that money have to be -- go in an account for part of their school funding formula that they have or would that be equalized across the state?

SENATOR ROYCE WEST: It would go --

SENATOR MIKE JACKSON: It seems to me that would be fair.

SENATOR ROYCE WEST: Does that answer your question?

SENATOR MIKE JACKSON: Yes, sir.

SENATOR ROYCE WEST: It wouldn't go into funding the school district into the general fund, no.

SENATOR MIKE JACKSON: To the school district, okay. And what would the school board come up with the amount of the citation?

SENATOR ROYCE WEST: It would be between to $200.

SENATOR MIKE JACKSON: Oh, from 75 up to 200?

SENATOR ROYCE WEST: Yes.

SENATOR MIKE JACKSON: And who would make that decision?

SENATOR ROYCE WEST: Probably the school board would.

SENATOR MIKE JACKSON: Okay. Okay Senator West, thank you for explaining the bill.

SENATOR ROYCE WEST: Thank you.

SENATOR JEFF WENTWORTH: Mr. President.

SENATOR KEVIN ELTIFE: Senator Wentworth, for what purpose?

SENATOR JEFF WENTWORTH: Will the Senator yield for a brief question?

SENATOR KEVIN ELTIFE: Senator West yield?

SENATOR ROYCE WEST: Yes, I will.

SENATOR JEFF WENTWORTH: Senator West, my understanding was that this bill is limited to only those school districts that have this kind of equipment already on their buses; is that right?

SENATOR ROYCE WEST: That's right.

SENATOR JEFF WENTWORTH: And so far as you and I know the buses in Dallas County ISD is the only one that has those buses already so equipped?

SENATOR ROYCE WEST: That is correct.

SENATOR JEFF WENTWORTH: Thank you, sir.

SENATOR ROYCE WEST: Move passage to engrossment.

SENATOR KEVIN ELTIFE: Senator West moves passage to engrossment. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 18 ayes, 13 nays, the bill passed to engrossment.

SENATOR ROYCE WEST: See you a little later.

SENATOR KEVIN ELTIFE: Senator Estes is recognized for a motion to suspend the regular order of business on House Bill 1401.

SENATOR CRAIG ESTES: Thank you, Mr. President. You did say House Bill 1401?

SENATOR KEVIN ELTIFE: House Bill 1401, Senator Estes.

SENATOR CRAIG ESTES: Thank you, Mr. President. Mr. President and members, this bill is intended to ensure that voters -- that the votes of everyone who will be effected by local option election are counted. As you know, members, the local option election determine whether or not alcohol will be sold in a certain county or municipality and under local law option elections are triggered by a petition signed by a number of registered voters equal to a percentage of votes in the last election for governor. However, the law does not say what happens if in between the time of the petition triggering the election is filed and the election itself a municipality annexes a new territory, and this is what exactly happened up in Solana, Texas in Senate district 30. It's unclear whether the petition needs to have enough names on it to equal the new required percentage of the population and it's unclear whether or not the new annexed citizens have a right to vote. This bill would clarify that newly annexed citizens may vote in a local option election that occurs after their annexation even if the petition was filed before the annexation. It also clarifies that the number of names needed on the petition must be calculated with reference to the number of votes in the last gubernatorial election within the new boundaries of the municipality. So if there's no questions, members, I move to suspend the Senate's regular order of business to take up House Bill 1401.

SENATOR KEVIN ELTIFE: Senator Estes moves suspension of the regular order of business to take up House Bill 1401. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 1401. The secretary will read the caption.

PATSY SPAW: House Bill 1401 relating to who may participate in certain local option elections.

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

SENATOR CRAIG ESTES: I now move House Bill 1401 to engrossment.

SENATOR KEVIN ELTIFE: Senator Estes now moves passage to third reading. Is there objection? Chair hears none, House Bill 1401 is passed to third reading. Senator Estes, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR CRAIG ESTES: So moved, Mr. President.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, and zero nays, rule is suspended. The Chair lays out on third reading and final passage House Bill 1401. The secretary will read the caption.

PATSY SPAW: House Bill 1401 relating to whom may participate in local option elections.

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

SENATOR CRAIG ESTES: Mr. President, I move final passage of House Bill 1401.

SENATOR KEVIN ELTIFE: Senator Estes now moves final passage of House Bill 1401. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes and no nays, House Bill 1401 is finally passed. Congratulations, Senator Estes.

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

SENATOR KEVIN ELTIFE: Senator Van de Putte is recognized for a motion to suspend the regular order of business on House Bill 1789.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President and members. I move to suspend the Senate's regular order of business to take up and consider at this time House Bill 1789. Members, this bill came through the Senate state affairs committee and deals with allowing the secretary of state to allow the funds to flow directly to a county for political parties for primary races. Currently we've had several instances throughout the state where either payment to the county are not made or have been delayed for more than a year and it's costing our counties. This would allow the secretary of state upon the request to decide if on a county with a population of 100,000 or more that conducts the primary election to provide the payment of primary expenses directly to the officer who obtained the expenses rather than to the party's county chair. With that I move suspension of the Senate's regular order of business.

SENATOR KEVIN ELTIFE: Senator Van de Putte has moved to suspend the regular order of business to take up and consider House Bill 1789. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading House Bill 1789. The secretary will read the caption.

PATSY SPAW: House Bill 1789 relating to the payment of state funds directly to an entity that conducts a primary election.

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

SENATOR LETICIA VAN DE PUTTE: Thank you. I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Van de Putte now moves passage to third reading. Is there objection? Chair hears none, Senate Bill 1789 is passed to third reading. Senator Van de Putte, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 26 ayes, five nay, rule is suspended. The Chair lays out on third reading and final passage House Bill 1789. The secretary will read the caption.

PATSY SPAW: House Bill 1789 relating to the payment of state funds directly to an entity that conducts a primary election.

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

SENATOR LETICIA VAN DE PUTTE: Thank you. Move final passage.

SENATOR KEVIN ELTIFE: Senator Van de Putte moves final passage of House Bill 1789. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 25 ayes, six nays, House Bill 1789 is finally passed. Congratulations, Senator Van de Putte.

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

SENATOR KEVIN ELTIFE: Senator Zaffirini is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 848.

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 House Bill 848 by Representatives Guillen and Raymond. It relates to an agreement to authorize certain persons to make decisions regarding a child during an investigation of child abuse or neglect. Basically, members, what this bill would do is allow a parent to enter into an agreement with a parent or relative or other person with whom a child is placed under a parental child safety placement agreement approved by the Department of Family and Protective Services during an investigation of abuse or neglect or while the department is providing services to the parent. There will be an amendment offered by Senator Ogden to be presented by Senator Birdwell and it is acceptable to the author. 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 House Bill 848. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading Committee Substitute to House Bill 848. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 848 relating to an agreement authorizing certain persons to make decisions regarding a child during an investigation of child abuse or neglect.

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

PATSY SPAW: Floor amendment No. 1 by Ogden.

SENATOR KEVIN ELTIFE: We'll wait one minute to make sure the members have the amendment in their hand. Senator Birdwell to explain the amendment for Ogden.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President and members. This is the amendment I offer on behalf of Senator Ogden that conforms the bill's provisions in current statute so the relative or other persons who can make medical decision for the child under the agreement cannot authorize an abortion or emergency contraception regarding a child. I move adoption.

SENATOR KEVIN ELTIFE: Senator Zaffirini on the Ogden amendment.

SENATOR JUDITH ZAFFIRINI: It is acceptable.

SENATOR KEVIN ELTIFE: Senator Birdwell moves adoption of floor amendment No. 1 on behalf of Senator Ogden. It is acceptable to Senator Zaffirini. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Senator Zaffirini, you're recognized for a motion.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. Chairman. I move passage to third reading of Committee Substitute to House Bill 868 as amended.

SENATOR KEVIN ELTIFE: Senator Zaffirini now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute House Bill 868 as amended is passed to third reading. Senator Zaffirini, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. Chairman -- 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.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 848. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 848 relating to an agreement authorizing certain persons to make decisions regarding a child during an investigation of child abuse or neglect.

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 to House Bill 848 as amended. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 31 ayes, zero nays, Committee Substitute to House Bill 848 as amended is finally passed. Congratulations, Senator Zaffirini.

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

SENATOR KEVIN ELTIFE: Senator Rodriguez, you're recognized for a motion to suspend the regular or of business on House Bill 1254.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members. House Bill 1254 is a local bill that affects school district police departments in El Paso County. This bill passed out of the Senate international relations and trade unanimously and was recommended for the local and uncontested calendar. It also passed the House committee with no opposition and passed the full House on the local and consent calendar. Currently El Paso has nine school districts, three of these districts have police departments, many of these municipalities' police force are larger than law enforcements. In fact El Paso ISD has the largest school district police department in Texas. Given the school districts are facing significant losses in funding, house Bill 1254 as engrossed requires all of the school districts in El Paso County to meet to discuss consolidating their police departments and determine whether any cost savings could be realized upon consolidation. This bill does not force the El Paso area school districts to consolidate their police departments. It only requires them to discuss the opponent of consolidation and to provide a joint report. This bill serves as a sign of good faith by the school districts in the legislature to find ways to promote efficiency and save money and possibly save a number of teacher layoffs and/or reduction of student educational services. Mr. President, I move that we suspend the regular order of business and all necessary rules to take up and consider House Bill 1254.

SENATOR KEVIN ELTIFE: Senator Shapiro, for what purpose?

SENATOR FLORENCE SHAPIRO: To ask the author some questions.

SENATOR KEVIN ELTIFE: Senator Rodriguez yield?

SENATOR JOSE RODRIGUEZ: I yield.

SENATOR FLORENCE SHAPIRO: Thank you. I am not going to vote against your bill. I want you to know that right now. I'm just curious because I have the great concern -- excuse me, I have a great concern about peace officers that are employed by independent school districts and so I'd like to just go along a little line of questioning with you, if that's okay.

SENATOR JOSE RODRIGUEZ: Sure, sure.

SENATOR FLORENCE SHAPIRO: Okay. My understanding is this is to have a full blown discussion in the El Paso Independent School District about the consolidation of peace officers and security personnel.

SENATOR JOSE RODRIGUEZ: Yes.

SENATOR FLORENCE SHAPIRO: How many are there?

SENATOR JOSE RODRIGUEZ: Well, let me give you an example. The El Paso ISD has over 110 security officers, 40 of those are sworn officers, 60 are campus patrol guards and ten are civilian support staff employees. So Coro school district has over 88 security officers, 28 are sworn officers, ten are campus officers, 50 are security officers, and there's an investigative unit, K9 unit and community outreach program. (inaudible) school district has over 72 security officers. So --

SENATOR FLORENCE SHAPIRO: That's one of the reasons I wanted to ask you. If this is what's going on in El Paso, you can imagine the multiples of this all over the state and I'm extremely concerned that the whole purpose is to educate your kids and now what it seems like is we're just constantly punishing our kids. We're punishing them for things probably under other circumstances they would never be A, fined for or get in trouble for. What you just described to me is an entire cottage industry that I believe is going on all over this state, and it is very, very disturbing to me. I think what we're doing here is that we are going to see through your commission, which you're putting together, what's really happening all over this state and with your help, I hope, this report -- whatever comes out of this consolidation report will be sent back to the commissioner of education; is that correct?

SENATOR JOSE RODRIGUEZ: Well, my understanding is that for that purpose to educate everyone about what's happening in the school districts and also of course to determine the feasibility of the consolidation in order to save monies and be more efficient.

SENATOR FLORENCE SHAPIRO: Right. And when I hope when they look at it is not just consolidate it but to look at it and say, what's the purpose of all these people? What are they truly doing? And if in fact this is happening, and I hate to use you as a role model or a tech case, but I think what you are doing here is going to be a benefit to the entire state and I believe that when you do come back with a report from the commission that maybe this legislature needs to look at it very closely. Make we can make some decisions in the next legislative sessions about something that has been bothering me now for quite some time. And I think if Senator Whitmire were here he'd also say to you that our schools are using police in lieu of they're having to do discipline problems. And I'm convince that had A, they're spending too much money, I think it's $5 million for all of these employees that you're talking about; and B, we're using them in a way that shouldn't be -- we shouldn't be using them. It's possible at the end of the day there shouldn't even be independent police forces on school districts or campuses and maybe they contract with the municipal police departments on off duty police officers, there's all kinds of things we could be doing. I'm not picking on El Paso, you happen to be here giving us an opportunity to look at this and shine a light on the problem and I just want to make sure I spoke up about it. And I'm very hopeful what you now will bring back to the commissioner will help all of us with a recommendation at the end of the next legislative session.

SENATOR JOSE RODRIGUEZ: Thank you.

SENATOR FLORENCE SHAPIRO: Thank you. Appreciate it.

SENATOR STEVE OGDEN: Senator Rodriguez moves to suspend the regular order of business to take up and consider House Bill 1254. Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 1254. The secretary will read the caption.

PATSY SPAW: House Bill 1254 relating to consideration of a consolidation of school district employment of peace officers and security personnel in certain counties.

SENATOR STEVE OGDEN: Chair recognizes Senator Rodriguez for a motion.

SENATOR JOSE RODRIGUEZ: Mr. President and members, I move passage of House Bill 1254 to third reading.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, bill is passed to third reading. Senator Rodriguez, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: There being 31 ayes and no nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 1254. The secretary will read the caption.

PATSY SPAW: House Bill 1254 relating to the consideration and consolidation of school district employment of peace officer and security personnel.

SENATOR STEVE OGDEN: Senator Rodriguez is recognized for a motion.

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

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

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

SENATOR STEVE OGDEN: Senator Carona is recognized for a motion to suspend the regular order of business on House Bill 2687.

SENATOR JOHN CARONA: Thank you, Mr. President and members. And I do have just a few minutes here with an amendment to offer. Members, this bill deals with the search and rescue of animals and what this bill does is provide for search and rescue teams the same conveniences and advantages that are given to service animals and K9s. What it says is that a commercial lodging establishment or a restaurant may not require the payment of an extra fee for a search and rescue dog that is accompanying the handler under two conditions: The handler is participating in an actual mission at the time and the individual is not in their home city when they avail themselves of this exemption. I move at this time to suspend the Senate's regular order of business.

SENATOR STEVE OGDEN: Is there objection? The Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 3487. The secretary will read the caption.

PATSY SPAW: House Bill 3487 relating to regulations concerning certain service animals.

SENATOR STEVE OGDEN: Chair recognizes Senator -- following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Carona.

SENATOR STEVE OGDEN: Chair recognizes Senator Carona.

SENATOR JOHN CARONA: Mr. President, right now in the bill it calls for a class C misdemeanor penalty and we think that ought to be reduced to a civil penalty with a fine not to exceed $200. That's all the amendment does. I move adoption.

SENATOR STEVE OGDEN: Is there objection to the adoption offense amendment? The Chair hears none, the amendment is adopted. Senator Carona, you're recognized for a motion.

SENATOR JOHN CARONA: I'd like to pass this to third reading, Mr. President.

SENATOR STEVE OGDEN: Is there objection? The Chair hears none, the bill is passed to third reading. Senator Carona is recognized for a motion to suspend the constitutional three day rule.

SENATOR JOHN CARONA: So moved.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: Being 31 ayes and no nays, constitutional rule is suspended. The Chair lays out on third reading and final passage. The secretary will read the caption.

PATSY SPAW: House Bill 3487 relating to certain regulations concerning certain service animals.

SENATOR STEVE OGDEN: Chair recognizes Senator Carona.

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

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: Being 31 ayes and no nays, the bill is finally passed. Senator West is recognized for a motion to suspend the regular order of business on House Bill 2403.

SENATOR ROYCE WEST: Thank you very much, Mr. President and members. At this time I'd move to suspend the Senate's regular order of business to take up and consider House Bill 2403. Members, the House has passed the Senate Bill, I think it passed on a vote to 29 to two, this is the Texas nexus retail bill. And so I'd move to suspend the regular order of business.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 2403. The secretary will read the caption.

PATSY SPAW: House Bill 2403 relating to retailers engaged in business in this state for purposes of sale and use taxes.

SENATOR STEVE OGDEN: Chair recognizes Senator West for a motion.

SENATOR ROYCE WEST: This is a Texas bill, by the way. I move passage to third reading.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, bill is passed to third reading. Senator West is recognized for a motion to suspend the constitutional three day rule to take up and consider House Bill 2403.

SENATOR ROYCE WEST: Mr. President --

SENATOR STEVE OGDEN: You're recognized for a motion. Let me back up. Senator West is recognized for a motion to suspend the constitutional three day rule.

SENATOR ROYCE WEST: So moved.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: Being 30 ayes and one nay, the rule is suspended. Now, the Chair lays out on third reading and final passage House Bill 2403. The secretary will read the caption.

PATSY SPAW: House Bill 2403 relating to retailers engaged in business in this state for purposes of sales tax and use taxes.

SENATOR STEVE OGDEN: Senator West, you're recognized for a motion.

SENATOR ROYCE WEST: Mr. President, at this time I'd move final passage of House Bill 2403.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: Being 30 ayes and one nay, the bill is finally passed. Thank you, Senator.

SENATOR ROYCE WEST: Thank you.

SENATOR STEVE OGDEN: Senator Zaffirini is recognized for a motion to suspend the regular order of business on House Bill 328.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move to suspend the regular order of business in order to take up and consider at this time House Bill 328 by representative Ryan Guillen relating to information provided to a person applying for state tax permit or license. Members, this is Senator Nelson's favorite bill of the session. Generally the bill would update the website address referenced in the state comptroller's required to include on each application for a state tax permit or license from WWW.Texasonline.com/portal/TOL/EN/9/1 to WWW.Texas.gov. I move suspension.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 328. The secretary will read the caption.

PATSY SPAW: House Bill 328 relating to information provided to a person applying for a state tax permit or license.

SENATOR STEVE OGDEN: Senator Zaffirini is recognized for a motion.

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

SENATOR STEVE OGDEN: Is there objection of passage to third reading of Senator Nelson's favorite bill? The Chair hears none, the bill is passed to third reading. 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 STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: 31 ayes and no nay, the constitutional rule is suspended. The Chair lays out on third reading and final passage House Bill 328. The secretary will read the caption.

PATSY SPAW: House Bill 328 relating to information provided to a person applying for a state tax permit or license.

SENATOR STEVE OGDEN: Senator Zaffirini, you're recognized for a motion.

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

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

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

SENATOR STEVE OGDEN: Senator Zaffirini is recognized for a motion to suspend the regular order of business on House Bill 871.

SENATOR JUDITH ZAFFIRINI: I believe it's 1450.

SENATOR STEVE OGDEN: Let me check. Okay. I withdraw my recognition. Senator Zaffirini, you're recognized for a motion to suspend the regular order of business on House Bill 1450.

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 House Bill 1450, another bill sponsored by Representative Ryan Guillen relating to a study about tort liability arising from a volunteer's operation of a parks and wildlife department vehicle. Members, all this bill would do is require the Texas parks and wildlife is conduct a study related to tort liability arising from volunteer services. Mr. President, I move suspension.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 1450. The secretary will read the caption.

PATSY SPAW: House Bill 1450 relating to a study regarding tort liability arising from a volunteer operation of a parks and wildlife department vehicle.

SENATOR STEVE OGDEN: Senator Zaffirini, you're recognized for a motion.

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

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the bill is passed to third reading. Senator Zaffirini is recognized for a motion to suspend the constitutional three day rule to take up and consider House Bill 1450.

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

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: Being 31 ayes and no nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 1450. The secretary will read the caption.

PATSY SPAW: House Bill 1450 relating to a study regarding tort liability arising from a volunteer's operation of a parks and wildlife department vehicle.

SENATOR STEVE OGDEN: Senator Zaffirini is recognized for a motion.

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

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

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

SENATOR STEVE OGDEN: Senator Zaffirini is recognized for a motion to suspend the regular order of business on House Bill 2936.

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 House Bill 2936 by Representative Joaquin Castro of San Antonio. Members, this is a local bill that relates to the Bexar County district courts. Although the government code contains all district courts of Bexar County, not all district courts are included in the code. HB2936 would update the code so it includes all district courts in Bexar County and clarify the duties of those courts to reflect current practices. Mr. President, I move suspension.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, rule is suspended. Chair lays out on second reading House Bill 2936. The secretary will read the caption.

PATSY SPAW: House Bill 2936 relating to the administration of district courts in Bexar County.

SENATOR STEVE OGDEN: Senator Zaffirini is recognized for a motion.

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

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the bill is passed to third reading. 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 STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: Being 31 ayes and no nays, the constitutional rule is suspended. The Chair lays out on third reading and final passage House Bill 2936. The secretary will read the caption.

PATSY SPAW: House Bill 2936 relating to the administration of district courts in Bexar County.

SENATOR STEVE OGDEN: Chair recognizes Senator Zaffirini on a motion.

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

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

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

SENATOR STEVE OGDEN: Chair recognizes Senator -- Chair recognizes Senator Davis on a motion to suspend the regular order of business on House Bill 1286.

SENATOR WENDY DAVIS: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider House Bill 1286 by Representatives Howard, Hochberg and a number of others on the House floor. Members, House Bill 1286 requires the UIL to provide a fiscal impact statement for rule changes that would impose an additional cost on members school districts. HB1286 would equip members' districts with important information regarding the cost of implementing any final ax by the UIL legislative council on a new or imposed rule. Mr. President, I move to suspend the regular order of business.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 1286. The secretary will read the caption.

PATSY SPAW: House Bill 1286 relating to adoption of rules by the University Interscholastic League.

SENATOR STEVE OGDEN: Following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Davis.

SENATOR STEVE OGDEN: Chair recognizes Senator Davis on her amendment.

SENATOR WENDY DAVIS: Thank you, Mr. President. This amendment adds clarifying language which codifies current practice, it simply states that the UIL cannot charge fees for services that are already being provided through other means. It also provides that our school districts are not subject to UIL rules related to employment practices beyond coaches and assistant coaches and ensures that ISDs are allowed to make their own decisions related to employment at their extra curricular events. I move adoption.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the amendment is adopted. Following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 2 by Deuell.

SENATOR STEVE OGDEN: Chair recognizes Senator Deuell on the amendment.

SENATOR BOB DEUELL: Thank you, Mr. President. Members, this amendment gives the UIL flexibility in administering the anabolic steroid testing program due to reduce funding for the program. The amendment lowers program threshold regarding the number of students tested and number of schools selected for random testing. It also provides the UIL the ability to conduct more focused testing. Currently once a school is selected the students are chosen and randomly selected from a single pool of all student athletes and as a result high school freshmen represent the highest percentage of test takers because of the large percentage in the pool. This amendment states that the UIL will continue to pull all the athletes and will continue to conduct random sampling but will be able to over sample from upper classmen in sports of concern such as football, track and baseball. These changes allow the UIL anabolic steroid program no longer to operate within its means but also more effective. I move adoption. I believe it's acceptable to the author.

SENATOR WENDY DAVIS: It's acceptable, Mr. President.

SENATOR STEVE OGDEN: Senator Deuell moves adoption of floor amendment No. 2. It's acceptable to the author. Is there objection? There is objection. Is there objection? The Chair hears none, the amendment is adopted. Members, we're waiting for an amendment and it will be about five minutes. Following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 3 by Patrick.

SENATOR STEVE OGDEN: The Chair recognizes Senator Patrick to explain his amendment.

SENATOR DAN PATRICK: Thank you, Mr. Chairman. This is the Senate bill that we passed out that is kind of hanging around in the House allowing private schools to participate in UIL events except basketball and football and I believe it's acceptable to the author.

SENATOR STEVE OGDEN: Members, Senator Davis.

SENATOR WENDY DAVIS: Senator Patrick, I just want to clarify when we passed that bill off the Senate floor, and I did vote with you on that bill, some changes were made to satisfy concerns of other members. What you've added as an amendment to this particular bill includes those changes, correct?

SENATOR DAN PATRICK: Yes, ma'am, exactly how we passed it out. Thank you.

SENATOR WENDY DAVIS: I haven't had a chance to talk to the House authors of this bill to determine their willingness to accept such an amendment. When we get into conference of course we'll tell them that it's a bill that I voted for as it left the Senate to go on today.

SENATOR DAN PATRICK: Thank you very much.

SENATOR WENDY DAVIS: Thank you.

SENATOR STEVE OGDEN: All right. Senator Patrick move adoption of floor amendment No. 3. It's acceptable to the author. The secretary will call the roll.

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

SENATOR STEVE OGDEN: There being 28 ayes, two nay, one present not voting, the amendment is adopted. Senator Davis is recognized for a motion.

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

SENATOR STEVE OGDEN: Senator Davis moves passage to third reading. The secretary will call the roll.

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

SENATOR STEVE OGDEN: There being 31 ayes and no nays, the bill is passed to third reading. Senator Davis is recognized for a motion to suspend the constitutional three day rule.

SENATOR WENDY DAVIS: So moved, Mr. President.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: 31 ayes and no nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage House Bill 1286. The secretary will read the caption.

PATSY SPAW: House Bill 1286 relating to adoption of rules by the University Interscholastic League. Senator Davis, you're recognized for a motion.

SENATOR WENDY DAVIS: Thank you, Mr. President. I move final passage of House Bill 1286.

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

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

SENATOR STEVE OGDEN: Chair recognizes Senator Rodriguez on House Bill 2002.

SENATOR JOSE RODRIGUEZ: Mr. President and members, House Bill 2002 is a bill by Representative Marcus. As engrossed it is identical to Senate Bill 1019 which passed the full Senate unanimously on April the 11th. Members, as you may remember the 81st legislature passed Senate Bill 3168 which allowed the commissioner's court of El Paso County to establish an ethics commission. The commission has worked in a cooperative manner to develop an ethics code and procedure but allow people who deviate from the proper standards to be held accountable. House Bill 2002 as engrossed is a cleanup bill that addresses inconsistencies or ambiguities in the administrative process that govern the commission. The bill codifies the commissioner's revision for the administrative governing their performance. The bill provides for a method of staggering terms that allows for continuity, allows for the commissioners to choose their chairman, sets consistent time lines for results and complaints and clarifies whistle blower provisions of the statute and resolves contradictions in the complaint process. Mr. President and members, I move that we suspend the regular order of business and all necessary rules to take up and consider House Bill 2002.

SENATOR STEVE OGDEN: Well, I'll recognize you for just suspending the regular order of business. Senator Rodriguez moves to suspend the regular order of business to take up and consider House Bill 2002. Is there any objection? Chair hears none, so ordered. Chair lays out on second reading House Bill 2002. The secretary will read the caption.

PATSY SPAW: House Bill 2002 relating to the county's ethics commission for certain counties.

SENATOR STEVE OGDEN: Senator Rodriguez, you're recognized for a motion.

SENATOR JOSE RODRIGUEZ: Mr. President and members, I move passage of House Bill 2002 to third reading.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the bill is passed to third reading. Senator Rodriguez, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR STEVE OGDEN: The secretary will call the roll.

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

SENATOR STEVE OGDEN: Being 31 ayes and no nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage House Bill 2002. The secretary will read the caption.

PATSY SPAW: House Bill 2002 relating the ethics commission for certain counties.

SENATOR STEVE OGDEN: Senator Rodriguez, you're recognized for a motion.

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

SENATOR STEVE OGDEN: The secretary will call the roll.

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

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

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

SENATOR STEVE OGDEN: Members, that's our last bill. Following motion in writing. Secretary will read the motion in writing.

PATSY SPAW: Mr. President, I move adoption of the following procedures to govern consideration of the Committee Substitute Senate Bill 31.

SENATOR STEVE OGDEN: Members, you need to listen to this motion. Go ahead.

PATSY SPAW: I move the adoption of the following procedures to govern consideration of C.S.S.B. 31, the Senate redistricting bill:(a) No original amendment is eligible for consideration unless 35 copies of an amendment packet prepared by the Texas Legislative Council (TLC) has been filed with the calendar clerk. The amendment packet is not required to contain a textual description of the amendment but must include:(1) Maps as prepared by TLC indicating the changes made by the amendment; and(2) Standard reports for the amendment prepared by TLC that indicate population, voter data, and incumbent locations for the districts affected by the amendment.(b) An amendment packet for each amendment that will be offered during second reading consideration of the bill must be filed with the calendar clerk by 7 p.m. on Monday, May 16. Motion by Seliger.

SENATOR STEVE OGDEN: Senator Seliger, you're recognized.

SENATOR KEL SELIGER: Thank you, Mr. President. There's some specifications and explanations here that members need to know. The Committee Substitute to Senate Bill 31 is available both in district viewer on the Senate website and on Red Apple. The Committee Substitute is described in the map plan S125. It's my intention to seek recognition from the lieutenant governor on the Committee Substitute to Senate Bill 31 on Tuesday and this motion in writing sets a filing deadline of 7:00 p.m. Monday evening for amendments. The legislative counsel tells us that they need a few hours to process an amendment and so when someone completes an amendment it helps a lot to go ahead and turn it into the legislative counsel but the deadline itself is 7:00 p.m.

SENATOR STEVE OGDEN: Senator Van de Putte, for what purpose do you rise?

SENATOR LETICIA VAN DE PUTTE: If I could ask some questions of the author of the motion in writing.

SENATOR STEVE OGDEN: You're recognized.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Senator Seliger, I just wanted to make sure that we were all clear about the process. Since the deadline is on Monday May 16th, is it your anticipation that we would have the Senate bill 31 on the floor on Tuesday?

SENATOR KEL SELIGER: Yes, ma'am, that will be my request to the lieutenant governor.

SENATOR LETICIA VAN DE PUTTE: And I wanted to make sure on portion A of your motion in writing it says no original amendment. Now, original amendment doesn't refer to if it was talked about or offered in committee. Original amendment means any amendment that would be offered on the floor really just needs to be into the secretary's office or -- I'm sorry -- by the calendar clerk by 7:00 p.m. on Monday.

SENATOR KEL SELIGER: The reference to original amendment were those amendments not offered in committee.

SENATOR LETICIA VAN DE PUTTE: But even if a person was offering or discussing anything that was in committee, this would require all amendments that are going to be considered for Tuesday's debate on Senate Bill 31 to be filed with the calendar clerk; is that correct?

SENATOR KEL SELIGER: Yes.

SENATOR LETICIA VAN DE PUTTE: So all amendments should be filed.

SENATOR KEL SELIGER: That's so all of the members, many of whom -- before it's over, maybe all of them, will know exactly which amendments are going to be discussed the next day because if you recall in committee this morning some of the amendments offered were an entire new map, entire new districts for all the members of the Texas Senate. So it's important -- even the witnesses that were offered in committee submitted by the deadlines so the members will know exactly which ones will be discussed the following day.

SENATOR LETICIA VAN DE PUTTE: Thank you. And wanted to make sure if members are considering offering amendments to Senate Bill 31 on Tuesday, in checking with the committee Red Apple will be available all through the weekend. I know sometimes we've had to pull down Red Apple during the legislative session and when they do, they do usually Saturday nights or Sunday nights so they can do maintenance. To your knowledge Red Apple will be available for members' use from now until the time that the deadline is met in the motion.

SENATOR KEL SELIGER: Yes, ma'am. We think people will want to work over the weekend and so I'm going to make a request of legislative counsel that unless there's some compelling reason or a problem or some reason Red Apple has to come down for maintenance that if it is just somehow happens, that it not happen this weekend that for every hour that it can be up the Red Apple will be available and district viewer as part of the Senate website, I think is always up.

SENATOR LETICIA VAN DE PUTTE: But now for members who might want to see, I know it's easier for you as author of the bill to be able to see the amendments but if senators want to see amendments that are going to be proposed, will there be a list that members can go on and see what amendments will be proposed? And my question is sometime members have amendments that affect other members' districts. Are members going to be able to see all the amendments or is that only going to be available to the bill author and to the staff?

SENATOR KEL SELIGER: I'm not advised of the technicalities. It's clear that amendments that are offered by 7:00 p.m. or let's say offered at 6:59, it's going to be several hours before they go on. All the amendments that legislative counsel has and has processed and reviewed, I think, should be on the website. But it's going to take some time if they're late offerings.

SENATOR LETICIA VAN DE PUTTE: So your anticipation is by Tuesday morning would members be able to see any of the amendments that are going to be proposed? Because certainly members will be able to see the -- and know the amendments that they're proposing. My question is, you know, this is very different from another bill in that much like we do amendments to the amendments, on regular bills that come for debate, since this is so intricate in an amendment usually to one person's district lines will affect another member or another member. And my question is, will the members of the Senate have the ability to see all amendments so that they know what could possibly impact their own lines? Would that be available for the members by Tuesday morning?

SENATOR KEL SELIGER: I believe it will be Tuesday morning and as soon as all of the amendments are compiled and put together there will be an amendment packet that will be distributed to the members.

SENATOR LETICIA VAN DE PUTTE: Thank you. And do you anticipate --

SENATOR STEVE OGDEN: Senator, we understand that will be available on Tuesday morning.

SENATOR LETICIA VAN DE PUTTE: And my question is will the amendment packets for the members be available in the morning but if we go in at 11:00 and the amendment packets are just available to us right before we go on the floor that doesn't give us enough time to just kind of look at the amendments. Are they going to be available at 9:00 in the morning or 11:00 so we would see the amendments that are going to be proposed?

SENATOR KEL SELIGER: Would you allow me to yield to the president who's being consulted by the parliamentarian?

SENATOR LETICIA VAN DE PUTTE: Absolutely.

SENATOR STEVE OGDEN: We don't know the exact answer to your question but we will make sure that the members have enough time to view the amendments before we take up the bill that nobody will basically say, I'm being rushed, I don't know what's going on. We'll just have to play it by ear but the intention of the Chair is that everybody will be able to see the packet and have sufficient time to go over them before the bill is actually brought up for consideration.

SENATOR LETICIA VAN DE PUTTE: Thank you. And I would ask that the secretary of the Senate send out a message electronically to our offices at which time the amendments are ready for us to look at if that would be possible as currently the secretary of the Senate advises us when things are available on Red Apple as she has been doing during the legislative session.

SENATOR STEVE OGDEN: Okay. We'll make sure everyone gets notified and have sufficient time to review them.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Thank you, Senator. I do not have any other further questions.

SENATOR KEL SELIGER: Thank you, Senator Van de Putte.

SENATOR STEVE OGDEN: Members, the issue before the body is Senator Seliger's motion in writing with respect to the Senate rules on Committee Substitute to Senate Bill 31. Is there any objection to adoption of the motion? Chair hears none, motion is adopted. The president's desk is clear. Are there any announcements? Senator Eltife.

SENATOR KEVIN ELTIFE: Thank you, Mr. President and members. Mr. President and members, I move to suspend Senate posting rules 11.10 and 11.18 so the Senate committee on administration can meet at my desk immediately upon adjournment to consider pending business and to satisfy the local and uncontested calendar for May 20th of 2011.

SENATOR STEVE OGDEN: Members, you heard the motion to suspend the posting rules. Is there any objection? Chair hears none, so ordered.

SENATOR KEVIN ELTIFE: Thank you, Mr. President.

SENATOR STEVE OGDEN: Senator Hegar, do you want to make a motion? Senator Hegar is recognized for a motion.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. I move suspend the posting rule so the government organization committee can meet at Senator Ellis' desk to take up and consider House Bill 1951, the TDU sunset bill.

SENATOR STEVE OGDEN: Is there objection? Char hears none, so ordered. Senator Lucio, do you want to make a motion?

SENATOR EDDIE LUCIO: Yes, sir. Mr. President members, I'd 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 international relations and trade to meet today Friday May 13th, 2011, immediately upon adjournment at my desk take up and consider House Bill 397 by Senator Uresti.

SENATOR STEVE OGDEN: All right. Is there any objection? Chair hears none, the rules are suspended. Senator Whitmire, do you have an announcement?

SENATOR JOHN WHITMIRE: I do, Mr. President. I would move to suspend the Senate rules 11.10 and 11.18 so the Senate committee on criminal justice can meet at my desk upon adjournment to take up pending business.

SENATOR STEVE OGDEN: Members, you have heard the motion, is there any objection? Chair hears none, so ordered. Following motion in writing. Secretary will read the motion.

PATSY SPAW: Motion in writing, Mr. President I move to suspend Senate rule 11.13 so that committees can meet during the reading and referral of bills and the receipt of House messages. Motion by Eltife.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, so ordered. Senator Seliger, you're recognized for an announcement.

SENATOR KEL SELIGER: Thank you, Mr. President. I would announce also in the matter of redistricting that is also --

SENATOR STEVE OGDEN: Senator Seliger has an announcement concerning redistricting, if you have an interest, I urge you to pay attention.

SENATOR KEL SELIGER: The interest will not be on this one on this floor but it is also my intention to ask to be recognized to address the House bill. House Bill 150 the House redistricting bill and pass it on second reading on Tuesday as well.

SENATOR STEVE OGDEN: All right. Thank you, Senator Seliger. The Chair recognizes the Dean of the Senate for a highly privileged motion.

DEAN OF THE SENATE: Thank you, Mr. President. I move that the Senate adjourn until 11:00 a.m. Monday May 16th pending the reading and referral of bills the receipt of committee reports and receipt of those House messages and I ask that we do this in memory of Vivia Halbert.

SENATOR STEVE OGDEN: Is there objection to the motion? Chair hears none, the Senate stands adjourned until 11:00 a.m. Monday May 16th pending the reading and referral of bills, the receipt of committee reports and the receipt of House messages.

(Adjourned.)