Senate Transcript, May 24, 2011

SENATOR KEVIN ELTIFE: The Senate will come to order. The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: A quorum is present. Mr. Doorkeeper.

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

SENATOR KEVIN ELTIFE: Admit the messenger.

MESSENGER: Thank you, Mr. President. Mr. President, I am directed by the House to inform the Senate that the House has taken the following action. The House has passed the following measures. SB249 by Estes relating to the composition of --

SENATOR KEVIN ELTIFE: Thank you, Mr. Messenger. Senator Birdwell, you're recognized.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President. Mr. President and members, I'd like you to welcome Pastor Danny Reeves to the Texas Senate. Pastor Reeves is a native Texan and serves as pastor of First Baptist Church in Corsicana which is in Navarro County. Pastor Reeves has spent many years extending his education here in Texas. He holds a BA in religious education and a master of divinity and is a current doctor of ministry candidate at the University of Waco. His greatest assets though may be his wife Carissa and their three children Courtney, Emily, and Ryan and they're joining the pastor today in the west gallery. Members, it's my honor to have Pastor Reeves serving as our pastor of the day and when you get a chance to visit with him, make sure you tell him happy birthday because today's his birthday. Thank you, members. Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator Birdwell. All on the floor and in the gallery please rise for the invocation to be delivered by Reverend Danny Reeves, First Baptist Church of Corsicana.

PASTOR: Let's bow together and let's pray. Almighty God, loving Lord, creator of life, I praise You and thank You for Your goodness. I praise You for the privilege of being in this place. I praise You that we have the blessing of being in a chamber like this where we can self-govern under Your authority. We thank You today that we have the honor of being citizens of the United States of America. We thank You even more that we are blessed to live in the great State of Texas. I ask today as we begin this day's session that You bless these leaders around me. Thank You so much for their commitment, their service, and their sacrifice. May You provide them support, guidance, courage, and wisdom. We know that You are well aware of the financial needs in our state, so I pray today that You would help us to be good stewards of the resources You have given. We pray You would open the floodgates of heaven and provide for us as only You can. We proclaim to You today that, "In God we trust." We humbly confess that we need You, we trust You, and we find our hope only in You. May everything that happens in this room be pleasing to You, and may our actions on this day be acceptable in Your sight. I pray these thing humbly before You, my Lord and my God. Amen.

SENATOR KEVIN ELTIFE: Reverend Reeves, thank you for being here and happy birthday. You 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. Senator Zaffirini, do you wish to be recognized?

SENATOR JUDITH ZAFFIRINI: For an introduction, Mr. President.

SENATOR KEVIN ELTIFE: Please proceed.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, it is my great pleasure to welcome a very special constituent to the Texas Senate today. She is in our north gallery and it's my pleasure to ask her to rise, the 2011 Youth of the Year at Zapata High School. She is Ms. Elizabeth Martinez a member of the National Honor Society and of the award winning Mariachi Lacone who visited us a few weeks ago. Elizabeth is a diligent student and enthusiastic volunteer in her community. She has donated her time and her talents to Zapata public library, the Boys and Girls Club and Operation Lone Star. Elizabeth plans to attend the University of Texas Pan Am and major in computer engineering. What's more she plans to return to Zapata High School to help motivate future generations of students. Members, she is already setting a wonderful example. Elizabeth is accompanied in the north gallery by her parents, Herbie Martinez and Maria Martinez and with them are the agents who sponsor the youth of the month and youth of the year projects, border patrol agents Joge Milano and Jesus Sanchez. Please rise and be welcomed to the Texas Senate. Congratulations, Elizabeth and to all your parents.

(Speaking Spanish.) Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Thank you, Senator Zaffirini. Following resolution. Secretary would please read the resolution.

PATSY SPAW: Senate Resolution 942 congratulating the Austin Jokers fast pitch softball team on its 50th anniversary by Watson.

SENATOR KEVIN ELTIFE: Senator Watson to explain the resolution.

SENATOR KIRK WATSON: Thank you, Mr. President and members. We have got a pretty fun group with us here today and it's my pleasure to introduce them to the Texas Senate because today we're honoring the Austin yolker's softball fast pitch team on their 50th anniversary. Folks, this group started playing together in east Austin in junior high and they went on to establish a men's fast pitch team. They call themselves the Jokers, a team name which probably pretty accurately describes the spirit of this up group. Many members are sense retired from the team but they still continue to stay involved with fundraising and various team events. Its founders Louie Mario and Tony Castillo have been inducted into the Rusk Latin American hall of fame for their commitment to sports and community building through the years. And I'd like to introduce a few of the players and former members of the team who are with us today in the north gallery. And when I call out your name, please stand up if you would. Tony Castillo, founder and his wife Bernice, Louie Mario, another founder, Erick Ramirez, Lucio Govia, Robia

(inaudible) and did I get everybody? I'm glad y'all are here. Thank you very much for being here with us in the Senate, congratulations on a long-time of fun with each other and 50 years as the Austin Jokers softball team. Help me welcome them.

SENATOR KEVIN ELTIFE: Members, Senator Watson moves adoption of the resolution. Is there objection? Chair hears none, so ordered. Thank you, Senator Watson. The Chair recognizes Senator Deuell for an announcement.

SENATOR BOB DEUELL: Thank you, Mr. President. Members, Wednesday I will move to confirm the nominees listed on the committee action report placed on your desk. These nominees were taken up at our Monday May 23rd meeting.

SENATOR KEVIN ELTIFE: Thank you, Senator Deuell. The Chair lays out the following resolution. Secretary will please read the resolution.

PATSY SPAW: Senate Resolution 1145: WHEREAS, The Senate of the State of Texas is pleased to recognize the completion of the first documentary film made about the life of Sam Houston; andWHEREAS, The documentary chronicles his life from his birth in Virginia through his death in Texas; it was written by Sam Houston's biographer, James L. Haley; andWHEREAS, The film includes nearly 300 restored archival images and historical documents, as well as original artwork that was commissioned specifically for the project; the filmmakers interviewed numerous prominent subject matter experts to gather material for the project; andWHEREAS, The documentary was filmed at 29 locations in Virginia, Tennessee, and Texas, at sites where the events being portrayed actually took place; over 200 reenactors participated in the project, and the film includes many newly discovered images and the only existing images of Sam and Margaret Houston together; andWHEREAS, The project includes a massive website, which has been described by Dr. Patrick Nolan, director of the Sam Houston Memorial Museum, as the largest collection of digital information about Sam Houston that has ever been assembled; now, therefore, be itRESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby extend congratulations to all who participated in the creation of this unique and historically valuable documentary on the life of Sam Houston; and, be it furtherRESOLVED, That a copy of this Resolution be prepared in honor of this exceptional project. By Williams.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Williams on the resolution.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members. I am so pleased to bring this resolution to the floor today. This is a very significant project that really has made a big mark on archiving the history on one of the most important figures in our state and in our country. Sam Houston was a great man, he was a man who was willing to go with his own conscience even when it wasn't the popular thing and he's much admired. This is something that I am real excited about and it especially it makes it special for me that the executive director and producer of the film Denton Florene and I have attended church together, we were in the same Sunday school class, I'm friends with he and his wife Mary Lou and their son Daniel Allen Florene who's with us on the floor today portrayed Sam Houston as a young man in the movie and it's been fun watching him grow up along with Melinda Gayle actually who also appeared in the film as an extra. And also joining the Florenes on the floor today is Sam Houston the IV who participated in many aspects of the film. Members, will you help me welcome these special guests to the floor of the Texas Senate. Mr. President, I move adoption of Senate Resolution 1145.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Williams. Is there objection? Chair hears none, the resolution is adopted. Thank you, Senator Williams. Members, that concludes the morning call. Senator Zaffirini, for what purpose?

SENATOR JUDITH ZAFFIRINI: For an introduction, Mr. President.

SENATOR KEVIN ELTIFE: Please proceed.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, it is my pleasure to welcome some wonderful students, the Courtesy Service Club members of the Senate Ruiz elementary school in Laredo. Ruiz elementary is the neighborhood school in south Laredo, which I also call home. The 3rd, 4th and 5th graders in the Courtesy Service Club help in school events by serving as ushers and guides. The Ruize Courtesy Club is the only such club at an elementary school level in United ISD. As members of this club, these students are committed not only to service of their school but also academic excellence. All of them regularly are on the honor roll. Today they are in the north gallery accompanied by their sponsor Susana Sarmiento. With all the members of the Ruiz Courtesy Club and their sponsors please rise. And members, will you please join me in welcoming the members of the Courtesy Club in Ruiz elementary school in Laredo, Texas to the Texas Senate. Welcome. Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Thank you, Senator Zaffirini. Senator Nelson is recognized for a motion to suspend the regular order of business to take up and consider House Bill 300.

SENATOR JANE NELSON: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider the Committee Substitute to House Bill 300. Mr. President, members, House Bill 300 updates s our medical privacy laws to reflect advances in health and information technology and the increasing use of electronic health records. We know that the misuse of individuals' health information can put patients at risk for severe financial and personal consequences. This bill ensures that patients are protected from unauthorized access to this highly sensitive information and that patients have the right to access their own electronic medical records. Members, earlier in this session the Senate unanimously passed the companion to this bill Senate Bill 222. Mr. President, I move suspension.

SENATOR KEVIN ELTIFE: Senator Nelson moves suspension of the regular order of business to take up and consider House Bill 300. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute House Bill 300. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 300 relating to the privacy of protected health information.

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

PATSY SPAW: Floor amendment No. 1 by Nelson.

SENATOR KEVIN ELTIFE: Senator Nelson to explain the amendment.

SENATOR JANE NELSON: Let me make sure that it's the one that I am looking at. Okay. This really is just a clarifying amendment that ensures that there's not duplication of excerpts between the office of the attorney general and the Health and Human Services Commission. I move adoption.

SENATOR KEVIN ELTIFE: Members, Senator Nelson moves adoption of floor amendment No. 1. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Following amendment. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 2 by Hinojosa.

SENATOR KEVIN ELTIFE: Senator Hinojosa to explain the amendment.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. This amendment protects patients against sensitive health information being stolen on a magnetic slide card for identity theft purposes. It clarifies the application of a damage cap or tiered penalties and clarifies that the federal government does not audit any entity that does not already fall within the regulations, it cleans up some drafting errors, it will help protect patients against sensitive health information being stolen for identity theft purposes and I move adoption.

SENATOR KEVIN ELTIFE: Senator Nelson on floor amendment No. 2.

SENATOR JANE NELSON: The amendment is acceptable.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves adoption of floor amendment No. 2. The amendment is acceptable to Nelson. Is there objection? Chair hears none, floor amendment No. 2 is adopted. Thank you, Senator Hinojosa. The following amendment. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 3 by Uresti.

SENATOR KEVIN ELTIFE: Senator Uresti to explain the amendment.

SENATOR CARLOS URESTI: Thank you, Mr. President and members, good morning. This amendment simply stipulates that the task force on health information technology created by section 18 of the bill will contain at least one pharmacist and I believe that this amendment is acceptable both to the Senate sponsor and the House author. Mr. President, I move adoption of floor amendment No. 3.

SENATOR KEVIN ELTIFE: Senator Nelson is recognized on floor amendment No. 3.

SENATOR JANE NELSON: The amendment is acceptable to both me and the House sponsor, Senator.

SENATOR KEVIN ELTIFE: Senator Uresti moves adoption of floor amendment No. 3. It is acceptable to Nelson. Is there objection? Chair hears none, floor amendment No. 3 is adopted. Thank you, Senator Uresti.

SENATOR CARLOS URESTI: Thank you, Mr. Chair.

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

PATSY SPAW: Floor amendment No. 4 by Deuell.

SENATOR KEVIN ELTIFE: Senator Deuell to explain the amendment.

SENATOR BOB DEUELL: Thank you, members. I'll just read it, members, since it's four lines long. Crime victim of this chapter does not apply to any person or entity in connection with providing, administering, supporting or coordinating any of the benefits regarding compensation to victims of crime -- to victims as crime as provided by subchapter B article 56 of the code of criminal procedure. This was an amendment that was requested by the attorney general's office and I believe it's acceptable to the author.

SENATOR KEVIN ELTIFE: Senator Nelson on floor amendment No. 4.

SENATOR JANE NELSON: Yes, good amendment, it is acceptable.

SENATOR KEVIN ELTIFE: Senator Deuell moves adoption of floor amendment No. 4. It's acceptable to Nelson. Is there objection? Chair hears none, floor amendment No. 4 is adopted. Thank you, Senator Deuell. Senator Nelson's recognized for a motion.

SENATOR JANE NELSON: Let's see. Mr. President, I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Nelson now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute House Bill 300 is passed to third reading. Senator Nelson, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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 mays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 300. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 300 relating to privacy of protected health information.

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

SENATOR JANE NELSON: Thank you, Mr. President. I move final passage of Committee Substitute to House Bill 300.

SENATOR KEVIN ELTIFE: Senator Nelson moves final passage of Committee Substitute to House Bill 300 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 to House Bill 300 is finally passed. Congratulations, Senator Nelson.

SENATOR JANE NELSON: Thank you.

SENATOR KEVIN ELTIFE: Senator Estes, you ready with 1904? Senator Estes is recognized for a motion to suspend the regular order of business Committee Substitute to House Bill 1904.

SENATOR CRAIG ESTES: Thank you, Mr. President and members. Members, this bill is kind of a cleanup bill that's intended to reduce confusion in the election process by giving write in-candidates for precinct Chair and county Chair of a political party a filing deadline that will be the same each election year. Under current law the declaration of a write in candidacy generally has to be filed 62 days before the primary election. What this causes is it causes the write in deadline to float between December 29th and January 6th. This bill would simply amend the election code to provide the declarations of write in candidacies must filed by the end of the fifth day after the date of the regular filing deadline. And that's, as you know, the first Tuesday in January. So under current law the filing deadline did not move, so this will make it a lot easier for candidates to know exactly when to file. So with that explanation, if there's no questions, I move have to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 1904.

SENATOR KEVIN ELTIFE: Senator Estes moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 1904. Is there objection? Chair hears none, rules are suspended. The Chair lay outs on second reading Committee Substitute to House Bill 1904. The secretary will read the caption.

PATSY SPAW: Committee substitute to House Bill 1904 relating to deadlines for write in-candidates for the office of county or precinct Chair.

SENATOR KEVIN ELTIFE: 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? Chair hears none, Committee Substitute House Bill 1904 is passed to third reading. Senator Estes is 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, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 1904. The secretary will read the caption.

PATSY SPAW: Committee Substitute House bilge 1904 relating to the deadlines for write in candidates or office of county or precinct Chair.

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

SENATOR CRAIG ESTES: Mr. President, I move final passage of Committee Substitute House Bill 1904.

SENATOR KEVIN ELTIFE: Senator Estes moves final passage of Committee Substitute to House Bill 1904. 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 1904 is finally passed. Congratulations, Senator Estes.

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

SENATOR KEVIN ELTIFE: Senator Nichols, you ready? Senator Nichols is recognized for a motion to suspend the regular order of business Committee Substitute House Bill 3090.

SENATOR ROBERT NICHOLS: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider the Committee Substitute to House Bill 3090. This bill amends chapter six of the water code to require retail public utilities providing potable water to populations over 10,000 to annually file with the Texas Water Development Board a water loss audit. Currently the systems are required to perform an audit every five years. The bill exempts utilities which do not receive financial assistance from the water development board for these audits. Mr. President and members, this legislation is very similar to a bill this Senate passed unanimously last session. With that I move suspension of the Senate's regular order of business.

SENATOR KEVIN ELTIFE: Senator Nichols moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 3090. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading Committee Substitute House Bill 3090. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 3090 relating to frequency of water audits by retail public utilities.

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

SENATOR ROBERT NICHOLS: Mr. President, I move passage to Committee Substitute to House Bill 3090 to engrossment.

SENATOR KEVIN ELTIFE: Senator Nichols now moves passage to engrossment of House Bill 3090. Is there objection? Chair hears none, Committee Substitute to House Bill 3090 is passed to third reading. Senator Nichols, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR ROBERT NICHOLS: Mr. President and members, I move to suspend the constitutional rule that bills be heard on three several 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 3090. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 3009 relating to frequency of water audits by certain utilities.

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

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

SENATOR KEVIN ELTIFE: Senator Nichols moves final passage of Committee Substitute House Bill 3090. 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 3090 is finally passed. Congratulations, Senator Nichols.

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

SENATOR KEVIN ELTIFE: Senator Deuell is recognized for a motion to suspend the regular order of business on Committee Substitute House Bill 2284.

SENATOR BOB DEUELL: Thank you, Mr. President and members. I move to suspend the House's -- the Senate's regular order of business so that we can take up and consider at this time House Bill 2284. Members, this contains provisions that reconcile chapter 1001 of the Texas occupations code, the Engineering Practice Act and chapter 1051 of the Texas occupations code. Architects Practice Act. The bill before you represents a carefully created compromise which fairly addresses the priorities and concerns of both architects and engineers. They were resolved disputed issues by providing a process that would allow certain engineers the opportunity to practice architecture without further disrupting the line between architecture and engineering and it provides a clear line between the professions for registrations on both sides going forward. Nothing in this compromise changes or is intended to change an engineer's authority to continue to design buildings whose primary purpose is not human use or occupancies such as water treatment facilities or other engineering works. Additionally House Bill 2284 does not change in any way the ability of an architect to practice architecture. The bill was fully supported by both engineers and the architects. I move suspension at this time.

SENATOR KEVIN ELTIFE: Senator Deuell moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 2284. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute House Bill 2284. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 2284 relating to practice of architecture and engineering.

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

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

SENATOR KEVIN ELTIFE: Senator Deuell now moves passage -- was there supposed to be an amendment?

SENATOR BOB DEUELL: I actually have an amendment.

SENATOR KEVIN ELTIFE: You do have an amendment?

SENATOR BOB DEUELL: Yes.

SENATOR KEVIN ELTIFE: We don't have anything up here. So you might want to -- hold on one minute. Hold on, Senator Deuell we'll look for it. We have found the amendment. One second, members. The following amendment, secretary please read the amendment.

SENATOR BOB DEUELL: Mr. President, I think I can go on and explain this while they're passing it out, it's just a technical amendment that corrected a drafting error. One of the dates in the bill was incorrect, and this fixes that. It did not change the intent of the bill in any way.

SENATOR KEVIN ELTIFE: Thank you, Senator Deuell. Members, you've heard the explanation but we'll till wait until you have the amendment in your hands before we vote this amendment. Members, you've heard the explanation by Senator Deuell on floor amendment number 1. You should have that on your desk now. He moves adoption of floor amendment No. 1. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Senator Deuell, you're recognized for a motion.

SENATOR BOB DEUELL: I now move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Deuell now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute House Bill 2284 as amended is passed to third reading. Senator Deuell, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR BOB DEUELL: So moved.

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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 is suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 2284. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2284 relating to practice of architecture and engineering.

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

SENATOR BOB DEUELL: Thank you, Mr. President. I move final passage of Committee Substitute to House Bill 2284 as amended.

SENATOR KEVIN ELTIFE: Senator Deuell moves final passage of Committee Substitute to House Bill 2284 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 2284 is finally passed. Congratulations, Senator Deuell.

SENATOR BOB DEUELL: Thank you.

SENATOR KEVIN ELTIFE: Senator Watson is recognized for a motion to suspend the order of business on Committee Substitute to House Bill 968.

SENATOR KIRK WATSON: Thank you, Mr. President. Members, I move to suspend the Senate's regular order of business to take up and consider at this time House Bill 968 which adds aggravated robbery to the statute requiring removal of a student from a regular classroom and placed in a disciplinary alternative education program. And it defines seriousness behavior in the statute authorizing expulsion from the disciplinary alternative education program. Members, this bill passed the House 141 to four to two. 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 House Bill 968. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute House Bill 968. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 968 relating to expulsion from school or placed in a disciplinary educational program.

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

SENATOR KIRK WATSON: Thank you, Mr. President. I move passage of Committee Substitute to House Bill 968 to third reading.

SENATOR KEVIN ELTIFE: Senator Watson now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute House Bill 968 is passed to third reading. 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: 31 ayes, zero nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 968. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 968 relating to expulsion from school or placement in an alternative school disciplinary education program.

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

SENATOR KIRK WATSON: Thank you, Mr. President. I move final passage of the Committee Substitute to House Bill 968.

SENATOR KEVIN ELTIFE: Senator Watson moves final passage of Committee Substitute to House Bill 968. 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 968 is finally passed. Congratulations, Senator Watson.

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

SENATOR KEVIN ELTIFE: Senator Harris is recognized for a motion to suspend the regular order of business on House Bill 1241.

SENATOR CHRIS HARRIS: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider House Bill 1478 at this time. Relating to energy performance contracts. Currently whenever they're redoing a state preexisting state office building --

SENATOR KEVIN ELTIFE: House Bill 1241, Senator, I'm sorry.

SENATOR CHRIS HARRIS: Excuse me, Mr. President.

SENATOR KEVIN ELTIFE: No problem, Senator Harris.

SENATOR CHRIS HARRIS: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider House Bill 1241 at this time. This bill relates to currently constables on their deputy constables are to get an individual security bond on this, each one of them. This makes it to where they can get one security blanket bond to cover all of them. I move suspension.

SENATOR KEVIN ELTIFE: Members, Senator Harris moves suspension of the regular order of business to take up and consider House Bill 1241. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading House Bill 1241. The secretary will read the caption.

PATSY SPAW: House Bill 1241 relating to assurety bond requirements for reserved deputy constables.

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

SENATOR CHRIS HARRIS: Move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Harris moves passage to third reading. Is there objection? Chair hears none, House Bill 1241 is passed to third reading. Senator Harris, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR CHRIS HARRIS: 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: 31 ayes, zero nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 1241. The secretary will read the caption.

PATSY SPAW: House Bill 1241 relating to assurety bond requirements for reserved deputy constable.

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

SENATOR CHRIS HARRIS: Move final passage.

SENATOR KEVIN ELTIFE: Senator Harris now moves final passage of House Bill 1241. 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 1241 is finally passed. Congratulations, Senator Harris.

SENATOR CHRIS HARRIS: Thank you, Mr. President, for your patience.

SENATOR KEVIN ELTIFE: It's a pleasure working with you, Senator Harris. Senator Birdwell, you're recognized for a motion to suspend the Senate's regular order of business House Bill 90.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President. Members, House Bill 90 more commonly referred to as Aarons Act is designed to amend section -- it amends section of the transportation code that deals with hardship licensing. It requires teenagers seeking a temporary license or temporary hardship license to take and pass a driver education course approved by the Texas Department of Public Safety. Current law only requires the passage of a driving exam to receive a hardship license. The law did not, however, requires a teen to take a driver education course. Moreover, as long as the hardship continues to exist, there is no limit on the number of times a hardship license can be renewed still without any driver's education until the driver turns 18. This bill has no fission call note nor any implication or implementation will come at no cost to the state. I do have a floor amendment, Mr. President, at the request of Senator Williams, the chairman and other members of the House or the Senate transportation and Homeland Security committee that will clarify some of the aspects of this bill that we needed to take care of. I move adoption -- or I move suspension of the regular order of business for Aaron's Act or House Bill 90, Mr. President.

SENATOR KEVIN ELTIFE: Senator Rodriguez, for what purpose?

SENATOR JOSE RODRIGUEZ: To ask a question if the gentleman will yield.

SENATOR KEVIN ELTIFE: Senator Birdwell yield?

SENATOR BRIAN BIRDWELL: I will yield.

SENATOR JOSE RODRIGUEZ: Yes, what type of amendment do you have?

SENATOR BRIAN BIRDWELL: It is a floor amendment that will amend return -- remove some of the House provisions that were placed on the bill in the House that will -- do you want to know the specifics of what the amendment does? Is that what you're asking, Senator Rodriguez?

SENATOR JOSE RODRIGUEZ: Yes.

SENATOR BRIAN BIRDWELL: Sure. The amendment will do a number of things. It will return the age to current law that you can begin driver's education training at age 14 instead of 15 as the bill currently reads, that you can receive your hardship license at age 15 instead of 15 and a half as the bill had provided. It also places in law with the amendment that the penalty for moving violations is two moving violations would cause the suspension by DPS which puts it in line with other licensing.

SENATOR JOSE RODRIGUEZ: Mow, the amendment doesn't have anything to do with SB9's driver's license provision?

SENATOR BRIAN BIRDWELL: No, sir, no, sir, this is for hardship licensing to make sure that we require -- actually the amendment also repeals the section of the traffic code that allows the DPS to waive the driver's training course. We no longer allow them to waive that drivers course, the hardship now has to take a drivers education --

SENATOR JOSE RODRIGUEZ: Senator, just one commitment. If, in fact, you do get an amendment that's related to the driver's license provision of SB9, would you commit to not accepting that amendment?

SENATOR BRIAN BIRDWELL: I would like to work with you and Senator Williams, I have not seen an amendment that would come that direction, I have not seen -- I would certainly like to address your concerns because this is important to me, so I'll be more than happy to work with you to address your concerns, Senator Rodriguez.

SENATOR JOSE RODRIGUEZ: All right. Thank you, Senator. Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator Rodriguez. Senator Birdwell has moved suspension of the regular order of business to take up and consider House Bill 90. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading House Bill 90. The secretary will read the caption.

PATSY SPAW: House Bill 90 relating to eligibility to retain a driver's license.

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

PATSY SPAW: Floor amendment No. 1 by Birdwell.

SENATOR KEVIN ELTIFE: Senator Birdwell to explain the amendment.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President. Members, this is the amendment that I addressed with Senator Rodriguez in his questions. It removes several of the provisions that were added on in the House which caused concern for the Senate bringing back the bill to its original intent. There are four items that are removed: The requirement to have a high school diploma to obtain a nonrestrictive driver's license prior to the age of 24, that requirement is removed; that an operator of a private farm vehicle to have that driver education course and it returns the age back to 14 to have the driver's training begin and age to actually receive a hardship license. This amendment also makes hardship license provisional to other licensing with regard to license suspension. It states that DPS shall suspend a license if the holder is convicted of two or more moving violations committed within a 12-month period. I move adoption, Mr. President.

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

SENATOR BRIAN BIRDWELL: I move passage to third reading, Mr. President.

SENATOR KEVIN ELTIFE: Senator Birdwell moves passage to third reading. Is there objection? Chair hears none, House Bill 90 as amended is passed to third reading. Senator Birdwell, you're recognized for a motion to u spend the constitutional three day rule.

SENATOR BRIAN BIRDWELL: I move to suspend the constitutional -- to suspend the third 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: 30 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage House Bill 90. The secretary will read the caption.

PATSY SPAW: House Bill 90 relating to eligibility to obtain a driver's license.

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

SENATOR BRIAN BIRDWELL: I move final passage of Aaron's Act, Mr. President.

SENATOR KEVIN ELTIFE: Senator Birdwell now moves final passage of House Bill 90. 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 90 as amended is finally passed. Congratulations, Senator Birdwell.

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

SENATOR KEVIN ELTIFE: Senator Hegar, you ready? Senator Hegar is recognized for a motion to suspend the regular order of business on House Bill 1129.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. Members, this bill directs the attorney general to examine how international agreements can possibly affect our Texas laws and help draw the line between federal and state powers. The AG will have until December 21 of 2012 to complete the report and tell us how international organizations can potentially affect state laws. There is no state fiscal note because the AG will work with the public law school to research and information gathering and I would move to suspend the Senate's regular order of business to take up and consider House Bill 1129.

SENATOR KEVIN ELTIFE: Members, Senator Hegar moves suspension of the regular order of business to take up and consider House Bill 1129. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 1129. The secretary will read the caption.

PATSY SPAW: House Bill 1129 relating to study by the attorney general of the effects of state law on international and other agreements and bodies.

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

SENATOR GLENN HEGAR: Move passage to reading.

SENATOR KEVIN ELTIFE: Senator Hegar moves passage to third reading. Is there objection? Chair hears none, House Bill 1129 is passed to third reading. Senator Hegar, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR GLENN HEGAR: 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: 30 ayes, 1 nay, the rule is suspended. The Chair lays out on third reading and final passage House Bill 1129. The secretary will read the caption.

PATSY SPAW: House Bill 1129 relating to a study by the attorney general.

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

SENATOR GLENN HEGAR: Move final passage of House Bill 1129.

SENATOR KEVIN ELTIFE: Senator Hegar now moves final passage of House Bill 1129. 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 1129 is finally passed. Congratulations, Senator Hegar. Senator Hinojosa is recognized for a motion to suspend the regular order of business Committee Substitute House Bill 1768.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. I move to suspend the regular order of business to take up and consider House Bill 1768 which deals with roadside vendors and solicitors in certain counties. Lots of counties consider the solicitation of business by unregulated vendors as a major problem in unincorporated areas of the county. The vendors create traffic and other health and safety issues, encroach into waterways and hurts sales tax laws. This bill would allow certain counties with a population of 450,000 or more to enforce section 285 of the transportation code which provides for regulation of roadside vendors, safety issue. And I move suspension of the regular order of business.

SENATOR KEVIN ELTIFE: Senator Shapiro. Senator Hinojosa moves suspension of the regular order of business to take up and Committee Substitute to House Bill 1768. Is there objection? Chair hears none, rules are suspended. Senator Jackson, for what purpose?

SENATOR MIKE JACKSON: Just see if the gentleman would yield.

SENATOR KEVIN ELTIFE: Okay. One sec, Senator Jackson. Chair lays out on second reading Committee Substitute to House Bill 1768. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1768 relating to the regulation of roadside vendors and solicitors in certain counties.

SENATOR KEVIN ELTIFE: Senator Hinojosa, will you yield to Senator Jackson?

SENATOR JUAN HINOJOSA: I yield.

SENATOR MIKE JACKSON: Thank you, Senator Hinojosa. I just had a couple of questions. My notes say that this would allow certain counties with a population of 450,000 or more to use your --

SENATOR JUAN HINOJOSA: To regulate vendors and solicitors who are outside the city limits.

SENATOR MIKE JACKSON: Okay. My notes -- I noticed it was a local bill, there's nothing in this that would say there's 450,000 up to a certain amount, it's just 450 and -- right?

SENATOR JUAN HINOJOSA: That's correct.

SENATOR MIKE JACKSON: And the county commissioners court is going to do these regulations; is that correct?

SENATOR JUAN HINOJOSA: That's correct. The commissioner's court will have regulation and enforce the present law in the books right now as to how to regulate vendors. So solicitors and vendors who are outside the city limits that are not regulated.

SENATOR MIKE JACKSON: Okay. Obviously this is something that they cannot or do not have the authority to do now; is that correct?

SENATOR JUAN HINOJOSA: That is correct. It has become a big issue, big problems in terms of they're getting in the way of traffic, a safety issue and also they end up interfering with a lot of the traffic.

SENATOR MIKE JACKSON: Okay. Was there any testimony against this bill?

SENATOR JUAN HINOJOSA: Not to my knowledge, Senator. I think if I am not mistaken they passed on the local calendar on the House side but there was no testimony against this bill.

SENATOR MIKE JACKSON: And in the House?

SENATOR JUAN HINOJOSA: No.

SENATOR MIKE JACKSON: Thank you, Senator.

SENATOR KEVIN ELTIFE: Thank you, Senator Jackson. Senator Hinojosa is recognized for a motion.

SENATOR JUAN HINOJOSA: Mr. President, I move passage to third reading.

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

SENATOR JUAN HINOJOSA: I so move.

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 final passage Committee Substitute to House Bill 1768. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1768 relating to the regulation of roadside vendors.

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

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

SENATOR KEVIN ELTIFE: Senator Hinojosa moves final passage of Committee Substitute to House Bill 1768. 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, Committee Substitute to House Bill 1768 is finally passed. Congratulations, Senator Hinojosa.

SENATOR JUAN HINOJOSA: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Senator Huffman is recognized for a motion to suspend the regular order of business on House Bill 2006.

SENATOR JOAN HUFFMAN: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider House Bill 2006. In 1987 the legislature exempted photographs of police officers from the Open Records Act in order to protect the lives and safety of officers. Currently the AG's office interprets the laws to mean photographs of officers must be released unless good cause can be shown. Therefore photographs must be released unless the applicable law enforcement department can show otherwise. Photographs of law enforcement officers, particularly undercover officers, in the hands of criminals could harm the ability of that officer to perform his or her duties and pose a danger to their lives or the lives of their families. House Bill 2006 allows for the release of such photographs under specific circumstances in order to provide an adequate balance between the Freedom of Information and the maintenance of officer safety. I move for suspension.

SENATOR KEVIN ELTIFE: Senator Huffman moves suspension of the regular order of business to take up and consider House Bill 2006. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 2006. The secretary will read the caption.

PATSY SPAW: House Bill 2006 relating to the release of a photograph of a police officer in excess to records maintained by internal investigative division.

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

SENATOR JOAN HUFFMAN: I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Huffman moves passage to third reading. Is there objection? Chair hears none, House Bill 2006 is passed to third reading. Senator Huffman is recognized for a motion to suspend the constitutional three day rule.

SENATOR JOAN HUFFMAN: 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 nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2006. The secretary will read the caption.

PATSY SPAW: House Bill 2006 relating to the release of a photograph of a police officer.

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

SENATOR JOAN HUFFMAN: I move final passage of House Bill 2006.

SENATOR KEVIN ELTIFE: Senator Huffman moves final passage of House Bill 2006. 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 2006 is finally passed. Congratulations, Senator Huffman.

SENATOR JOAN HUFFMAN: Thank you.

SENATOR KEVIN ELTIFE: Senator Seliger is recognized for a motion to suspend the regular order of business on House Bill 3815.

SENATOR KEL SELIGER: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider House Bill 3815 at this time relating to the authority of the Ector county hospital district to employ and commission police officers. This is a local bill related to Ector county hospital district and amends their enabling legislation to allow the district to commission and employ peace officers. The bill establishes that the jurisdiction of those police officers include both only the property owned and controlled by the district and all provisions of this bill are consistent with the current law regarding commission and employment of a peace officer by hospital districts. I move suspension.

SENATOR KEVIN ELTIFE: Senator Seliger moves suspension of the regular order of business to take up consider House Bill 3815. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 3815. The secretary will read the caption.

PATSY SPAW: House Bill 3815 relating to authority of the Ector county hospital district to employ peace officers.

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

SENATOR KEL SELIGER: Mr. President, I move passage to third reading of House Bill 3815.

SENATOR KEVIN ELTIFE: Senator Seliger moves passage to third reading. Is there objection? Chair hears none, House Bill 3815 is passed to third reading. Senator Seliger is 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 is suspended. The Chair lays out on third reading and final passage House Bill 3815. The secretary will read the caption.

PATSY SPAW: House Bill 3815 relating to authority of the Ector county hospital district to employ peace officers.

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

SENATOR KEL SELIGER: Mr. President, I move final passage of House Bill 3815.

SENATOR KEVIN ELTIFE: Senator Seliger moves final passage of House Bill 3815. 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 3815 is finally passed. Congratulations, Senator Seliger.

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

SENATOR KEVIN ELTIFE: Senator Rodriguez is recognized for a motion to suspend the regular order of business on House Bill 3439.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members. House Bill 3439 is unanimous and passed the House. It is identical to Senate Bill 1551 that passed the full Senate unanimously as well. This bill deals with law enforcement officers who have acknowledged that there's an ambiguity or loophole in interpreting the statute. This is particularly a problem in parental abductions where no parental orders are in place. House Bill 3439 clarifies the definition of missing child to include those instances when a child may be with a parent but whose whereabouts are unknown and cannot be ascertained ned after reasonable inquiries and investigation by law enforcement. Clarification of the definition will enable law enforcement to enter the child in the national crime information computer so that the child's whereabouts and welfare can be ascertained and allow both parents to resolve custody issues in court. The bill also makes it a state crime to remove have a child from the United States or retain a child outside the United States with the intent to obstruct a parent's custodial rights or intend to do so. This language is patterned after the Federal International Parenting Act. 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 3439.

SENATOR KEVIN ELTIFE: Senator Rodriguez moves suspension of the regular order of business to take up and consider House Bill 3439. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading House Bill 3439. The secretary will read the caption.

PATSY SPAW: House Bill 3439 relating to missing children.

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

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

SENATOR KEVIN ELTIFE: Senator Rodriguez moves passage to third reading. Is there objection? Chair hears none, House Bill 3439 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 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 is suspended. The Chair lays out on third reading and final passage House Bill 3439. The secretary will read the caption.

PATSY SPAW: House Bill 3439 relating to missing children.

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 3439. 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 3439 is finally passed. Congratulations, Senator Rodriguez.

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

SENATOR KEVIN ELTIFE: Senator Zaffirini is recognized for a motion to suspend the regular order of business House Bill 149.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President and members, I move to suspend the Senate's regular order f business in order to take up and consider at this time House Bill 149 by Representative Richard Raymond relating to the appointment of a parenting coordinator or parenting facilitator in a suit affecting the parent child relationship. Members this is a bill that was passed unanimously by the House. It authorizes the court to appoint the person who meets the minimum legal qualifications including an employee of the court to act as a parenting coordinator voluntarily and without compensation if due to hardship the parties cannot pay parenting coordinator fees and a domestic information officer or comparable county agent is not available. Mr. President, I move suspension.

SENATOR KEVIN ELTIFE: Senator Zaffirini moves suspension of the regular order of business to take up and consider House Bill 149. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading House Bill 149. The secretary will read the caption.

PATSY SPAW: House Bill 149 relating to the appointment of a parenting coordinator or parenting facilitator in a suit affecting the parent child relationship.

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

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

SENATOR KEVIN ELTIFE: Senator Zaffirini moves passage to third reading. Is there objection? Chair hears none, House Bill 149 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 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 to the on third reading and final passage House Bill 149. The secretary will read the caption.

PATSY SPAW: House Bill 149 relating to the appointment of a parenting coordinator or parenting facilitator.

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 now moves final passage of House Bill 149. 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 149 is finally passed. Congratulations, Senator Zaffirini.

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

SENATOR KEVIN ELTIFE: Senator Davis is recognized for an introduction.

SENATOR WENDY DAVIS: Thank you, Mr. President and members. It's my pleasure to introduce Dorothy Isgur who is the daughter of one of my long time friends and constituents and supports. The page for a day program officially comes to an end but we adopted her into our office as an intern today and are very pleased to have her on the Senate floor with us. Dorothy is 11 years old, she's in 5th grade at the Alice Carlson Applied Learning Centers. She loves math and reading and her favorite books are the Harry Potter books. She likes soccer and gymnastics, and she enjoys art and this summer she's going to be attending the Green Family Camp for three weeks and next year she's going to attend a brand new school in Forth Worth specifically geared towards young women. It's called the Young Women Leadership Academy, and I know she's going to do great things and I pointed out to her in the rotunda earlier the picture of Ann Richards and I told her maybe one day we'll have a picture of Dorothy Isgur here. I certainly hope to. But members please help me welcome Dorothy Isgur to the Senate and her family bringing her to her state Capitol and their state Capitol today. Her dad Ben sitting up there. Hey, Ben. Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Davis. Dorothy, welcome to the Texas Senate. Senator Williams is recognized for a motion to suspend the regular order of business Committee Substitute House Bill 2357.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members. The -- this bill is a result of the Texas Department of Motor Vehicles and the industry stakeholders working together over the last couple of years. A similar bill was filed in the 81st session of the legislature but it passed out of the Senate but died on the House floor. This bill deals with titling and registration license plates, salvage vehicles and requires the Department of Motor Vehicle with advice from the Department of Public Safety to conduct a study regarding recommendations for the consolidation of shared records and information by September 21st of 2012. It also corrects and clarifies several errors in Sections that were requested by industry members and removes the added provisions that would have allowed all peace officers to be issued an alias title, this was much broader than current law and it specifies that DMV must title former military vehicles. Mr. President, I move to suspend the Senate's regular order of business to take up and consider the Committee Substitute to House Bill 2357. There are several amendments to the bill also.

SENATOR KEVIN ELTIFE: We have five up here, Senator Williams.

SENATOR TOMMY WILLIAMS: That sounds about right.

SENATOR KEVIN ELTIFE: Senator Williams moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 2357. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute to House Bill 2357. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2357 relating to motor vehicles.

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

PATSY SPAW: Floor amendment No. 1 by Williams.

SENATOR KEVIN ELTIFE: Senator Williams to explain the amendment.

SENATOR TOMMY WILLIAMS: Thank you, members. In section 40 this amendment cleans up the Senate Bill sections that were referred over to 501.94 related to self-insured motor vehicles. 3 sections were collapsed and clarified that the provisions only made to the new subsection and section 70 is and section 108, the amendment removes is a 5 percent cap and clarifies that Department of Motor Vehicles is allowed to recoup only the costs that are incurred through electronic funds transfer. This was also in the Senate Bill that we passed out in Section 70 and section 108. The amendment clarifies the Texas Department of Motor Vehicles may recoup the cost for using Texas Online. The amendment also clarifies that the department shall design military license plates that bear a color depiction of the emblem of the color of the military branch or color depiction of the appropriate medal as provided by the U.S. Department of Defense and the words honorably discharged on license plates issued to former members of the U.S. Armed Forces. The amendment would also allow the department to issue a specialty license plate for the surviving spouse of a disabled veteran of the Us Armed Forces, and it clarifies that a person who has an antique vehicle may use an antique plate as long as it is approved by the department and it also states that there's an expiration date of August 21st, 2014, for subchapter Y, chapter 504, it's the sunset provision for the my pledge program and it will allow DMV to impose administrative penalties allowing salvage dealers to continue to operate their businesses while correcting violations or paying a fine. This is all technical issues to bring this House Bill in conformance with the Senate Bill that we passed out earlier. I move adoption.

SENATOR KEVIN ELTIFE: Members, Senator Williams moves adoption of floor amendment No. 1. Is there objection? Chair hears none, floor amendment No. 1 is adopted. The following amendment. Secretary would please read the amendment.

PATSY SPAW: Floor amendment No. 2 by Williams.

SENATOR TOMMY WILLIAMS: Members, this is a cleanup amendment that corrects a drafting error in House Bill 2357. It's a technical change in the repealed section subsection 2 under 681.005 was removed and this makes it uniform throughout bill, the corrections are on the last page of the committee Senate report and they insert the word "and" following the semicolons on line 22 and a period at the end of line 23 and strike lines 24 and 25, they're non-substantive technical corrections. I move adoption.

SENATOR KEVIN ELTIFE: Members, Senator Williams moves adoption of floor amendment No. 2. Is there objection? Chair hears none, floor amendment No. 2 is adopted. Following amendment. Secretary please read the amendment.

PATSY SPAW: Familiar amendment No. 3 by Wentworth.

SENATOR KEVIN ELTIFE: Senator Wentworth to explain the amendment.

SENATOR JEFF WENTWORTH: Thank you, Mr. President. Mr. President and members, this amendment to the Committee Substitute for House Bill 2357 seeks to improve and simplify the process for registering used vehicles. The amendment incorporates the language from my Senate Bill 1057 which passed the Senate on the local and uncontested calendar earlier this month. It was also added as a floor amendment as a companion to House Bill 2257. Senate Bill 1402 which was also passed out of this body earlier this session. Because this bill amends the same portion of the statute as Senate Bill 1057 this amendment is necessary for consistency purposes. Specifically this amendment provides for the termination of the registration period remaining on a motor vehicle at the time of sale or transfer to a dealer and requires the dealer to register the vehicle for an entire registration year when the vehicle is consequently resold. As a result the dealer is not required to calculate a registration period and the new owner obtains a full year on their vehicle registration. This amendment does not change current law as it applies to private party transactions in which neither party holds a general distinguishing number issued under chapter 503. I move adoption of floor amendment No. 3.

SENATOR KEVIN ELTIFE: Senator Williams on floor amendment No. 3.

SENATOR TOMMY WILLIAMS: The amendment is acceptable.

SENATOR KEVIN ELTIFE: Members, Senator Wentworth moves adoption of floor amendment No. 3. It's acceptable to Williams. Is there objection? Chair hears none, floor amendment No. 3 is adopted. The following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 4 by Wentworth.

SENATOR KEVIN ELTIFE: Senator Wentworth to explain floor amendment No. 4.

SENATOR JEFF WENTWORTH: Thank you, Mr. President. This amendment to Committee Substitute for House Bill 2357 is intended to clean up and clarify specific provisions of the transportation code regarding the marketing, hosting and sale of specialty and personalized license plates. Transportation code 504 subchapter J requires the Texas Department of Motor Vehicles to contract with a private vendor to sell certain license plates. Many provisions of this subchapter became effective on September 1, 2009, and the private vendor license plates were offered for sale starting on November 19th of that same year. Now with the year of experience in the program some portions of the statute need to be clarified to assist in the implementation of the program. This amendment provides the Department of Motor Vehicles with additional oversight authority over the program and specifically allows them to make rules regarding the marketing, hosting and sale of specialty and personalized plates. It allows the sponsor of a plate created after November 1st, 2009, to contract with the plate vendor which under current statute is limited to plates created before September 1, 2009. The amendment allows the sponsor to reestablish its specialty plate if the contract with the vendor situation is not addressed by existing statute. It also allows for the vendor to market and sell professional sports team plates. Clarifies that specialty plates may be personalized and grandfathers the fees for plates created before September 19th, 2009. Nution this amendment clarifies that the DMV may set fees for plates by rule and may contract with the vendor to host the plates on the vendors web site and share the personalization fee for such plates as well as continue the vendor program if the vendor ceases operation. Finally this amendment to Committee Substitute for House Bill 2357 allows the DMV by rule to establish procedures pertaining to the reservations and auction of certain specialty personalized plates and allows the DMV to make rules regarding the transfer of certain personalized plates. Mr. President, it's estimated that the state may garner somewhere between one and $2 million in the next biennium as a result of passage of this amendment. I move adoption of floor amendment No. 4.

SENATOR KEVIN ELTIFE: Senator Williams on floor amendment No. 4.

SENATOR TOMMY WILLIAMS: Senator Wentworth, a couple of questions that I wanted to have for you. This amendment contains a lot of the language in Senate Bill 1884 and House Bill 2806 which didn't pass. Can you tell us just for the record how this language is different than those two bills?

SENATOR JEFF WENTWORTH: I wish I could specifically except that it gives, I believe, additional authority to DMV that those do not.

SENATOR TOMMY WILLIAMS: There's been some work that cleans this language up from bills that were filed though; is that correct?

SENATOR JEFF WENTWORTH: That's correct, and essentially this language is coming over from that.

SENATOR TOMMY WILLIAMS: Okay. And I'm going to agree to take this amendment with the understanding that as far as I can tell it doesn't -- we put a sunset date in there 2014 which lets us go back as a body and look at this program and this amendment doesn't interfere with that.

SENATOR JEFF WENTWORTH: Not that I know of and I checked with Victor Vandergriff who is the chairman of the Department of Motor Vehicles and he didn't lobby this but I specifically asked him, is this okay with you and your department and he said yes.

SENATOR TOMMY WILLIAMS: Okay. The amendment is acceptable.

SENATOR KEVIN ELTIFE: Senator Wentworth moves adoption of floor amendment No. 4. It's acceptable to Williams. Is there objection? Chair hears none, floor amendment No. 4 is adopted. Thank you, Senator Wentworth.

SENATOR JEFF WENTWORTH: Thank you, Mr. President.

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

PATSY SPAW: Floor amendment No. 5 by Lucio.

SENATOR KEVIN ELTIFE: Senator Lucio to explain the amendment.

SENATOR EDDIE LUCIO: Mr. President and members, this amendment contains language from Senate Bill 288 which passed the Senate unanimously on May the 4th but got caught up over on the House side. It would allow DPS to check for stolen vehicles and improperly titled vehicles along the Texas/Mexico border but only at the border crossings. It would allow DPS to use those checkpoints to search for smuggled guns and cash that is southbound into Mexico. I believe the amendment is acceptable to the author.

SENATOR KEVIN ELTIFE: Senator Williams on floor amendment No. 5.

SENATOR TOMMY WILLIAMS: Senator Lucio, as I understand it, what we've done here -- the only language that's different in this bill from the bill that was passed out of the Senate earlier is on lines 13 through 15 on page one of your amendment where we're tying this in with the titling of stolen vehicle, farm tractors or implements, aircraft or water crafts. So what we're really dealing with here are looking for stolen vehicles in violation of the titling statute which is what this bill is about; is that correct?

SENATOR EDDIE LUCIO: That's correct, yes, sir.

SENATOR TOMMY WILLIAMS: Okay. This amendment is acceptable.

SENATOR KEVIN ELTIFE: Members, Senator Lucio moves adoption of floor amendment No. 5. It is acceptable to Williams. Is there objection? Chair hears none, floor amendment No. 5 is adopted. Thank you, Senator Lucio.

SENATOR EDDIE LUCIO: Thank you, Mr. President. Thank you, Senator Williams.

SENATOR KEVIN ELTIFE: The following amendment. The secretary would please read the amendment.

PATSY SPAW: Floor amendment No. 6 by Hegar.

SENATOR KEVIN ELTIFE: Senator Hegar to explain the amendment.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. We just ran out of time, the opportunity to have a bill hearing on this bill earlier this year. This is an issue that is really important in a local community of mine whereby they have golf carts and they have -- the city is an unincorporated area, the county has to write tickets for the retirees that are using those traveling to and from the beach, there's certain limitations on people on roads with golf carts and those are simply for gated communities and within a certain distance of actual golf courses and this would allow people in Calhoun County to be able to use their golf carts on the road and the sheriff would not have to write tickets to them anymore. And so I would ask to move adoption of floor amendment No. 6.

SENATOR KEVIN ELTIFE: Senator Williams on floor amendment No. 6.

SENATOR TOMMY WILLIAMS: Senator Hegar, I wanted to ask you, I am not sure we ran out of time on this bill or we just didn't hear this. Now, let me be sure I understand. What we're doing here is we're carving out Calhoun County and we're saying that the traffic laws that we have for the rest of the state about what kind of vehicles can be on public roads are not going to apply in Calhoun County?

SENATOR GLENN HEGAR: That is correct. That's the essence of it, Senator. These are a lot of retirees and I'd love during the interim to take you down to talk to the retirees who this is their mode of getting around in Port O'Connor and the sheriff is unfortunately forced to write them tickets even though there is no traffic, it's a very rural areas. There's no safety concerns in any shape, form or fashion and you know so many of the golf carts today, they actually travel at quite a rapid speed, quicker than some people drive in their cars. So yes, it is a carve out for this community, yes, sir.

SENATOR TOMMY WILLIAMS: Now, does this exist in any other community in the state from the state level that you're aware of? I am aware of that some municipal governments have done this in certain subdivisions but I am not aware of the state actually making exception for an entire county, are you --

SENATOR GLENN HEGAR: That is correct Senator that the unfortunate thing for the folks in Calhoun County are there are no municipalities where this carve out could exist, that's the problem, and so because other certain communities in the Texas municipalities have been able to give these exceptions for certain subdivisions because this is a rural community on the coast, and there is no municipality, we cannot give this carve out.

SENATOR TOMMY WILLIAMS: Okay. Well, I appreciate you bringing this amendment forward, I appreciate your passion for these folks that you represent. This was a bill that I held up in committee because I felt like it was dangerous precedent for us to set. Out of respect to you and I know you're trying to just do the very best that you can for your constituents I am going to leave this to the will of the body but I am a no vote on this amendment.

SENATOR GLENN HEGAR: You're very kind, Senator, I greatly appreciate it and regardless of the outcome, I'd ask you to come down to the district and we can have kind of a town hall meeting with my constituents and talk about this issue.

SENATOR TOMMY WILLIAMS: I'll have plenty of my own constituents that I have to have town hall meetings with. Thank you.

SENATOR GLENN HEGAR: Thank you. I would move adoption of floor amendment number 1.

SENATOR KEVIN ELTIFE: Senator Jackson, for what purpose?

SENATOR MIKE JACKSON: Would the author of the amendment yield, please?

SENATOR KEVIN ELTIFE: Senator Hegar yield?

SENATOR GLENN HEGAR: Gladly. Yes, sir.

SENATOR MIKE JACKSON: Just for clarification for myself --

SENATOR GLENN HEGAR: Yes, sir, please.

SENATOR MIKE JACKSON: Just to know what I am voting on, this language in the bill states that within Calhoun County if you're -- this goes into law that you can operate a golf cart on any county road or whatever that has a speed limit of 35 miles an hour or less?

SENATOR GLENN HEGAR: No, sir. It would only be in the unincorporated area of the county where the speed limit is 35 miles an hour or less. And if you actually Calhoun County is a large county overall. However, there's not a significant amount of roads in the county and to go specifically to where the unincorporated areas are, a 35 miles an hour or less you're really talking about Port O'Connor area and it's really one of the larger unincorporated areas yeahs. It's called Port O'Connor, however, there is no incorporated town to we're trying to narrow this down to a specific area within the county.

SENATOR MIKE JACKSON: Okay. Thank you, sir.

SENATOR GLENN HEGAR: Yes. Thank you for the question.

SENATOR KEVIN ELTIFE: Thank you, Senator Jackson. Members, Senator Hegar has moved adoption of floor amendment No. 6. Williams leaving it to the will of the Senate. 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: Sixteen ayes, 10 nays, floor amendment No. 6 is adopted. Senator Williams, you're recognized for a motion.

SENATOR TOMMY WILLIAMS: I move passage to third reading of the Committee Substitute to House Bill 2357.

SENATOR KEVIN ELTIFE: Senator Williams now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 2357 is passed to third reading. Senator Williams, you're recognized for a motion to suspend the constitutional three day rule. 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 is suspended. The Chair lays out on third reading final passage Committee Substitute to House Bill 2357. The secretary will read the caption.

PATSY SPAW: Committee substitute to House Bill 2357 relating to motor vehicles.

SENATOR TOMMY WILLIAMS: I move final passage.

SENATOR KEVIN ELTIFE: Senator Williams moves final passage of Committee Substitute to House Bill 2357. 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 2357 is finally passed. Congratulations, Senator Williams. Members, just a quick announcement, we're going to keep working until about 1:30. As you know, that's an approximate time. But about proximately 1:30. We'll take a brack for lunch and let our staff rest but we'll decide later on, approximately 1:30 we'll take a lunch break. Emphasis on approximate. Senator Gallegos, you're recognized for a motion to suspend the regular order of business on House Bill 3352.

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 House Bill 3352. Members, this is a local bill bracketed to the city of Deer Park and currently state law requires a city to hold a city wide election for approval before selling, transferring or conveying parkland. However some parklands are not used for a park or for recreational purposes and the expense of holding a election to approve selling or trading the land can be cumbersome. House Bill 3352 is a local bill that exempts the conveyance of certain parklands from the provisions governing the sale of parklands, municipal building site or abandoned roadways. Mr. President, I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Gallegos moves suspension of the regular order of business to take up consider House Bill 3352. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on third reading and final passage House Bill 3352. The secretary will read the caption.

PATSY SPAW: House Bill 3352 relating to the sale of parkland owned by certain municipalities.

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

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

SENATOR KEVIN ELTIFE: Senator Gallegos now moves passage to third reading. Is there objection? Chair hears none, House Bill 3352 is passed to third reading. Senator Gallegos, you're recognized for a motion to suspend the constitutional three day rule.

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: 31 ayes, zero hays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 3352. The secretary will read the caption.

PATSY SPAW: House Bill 3352 relating to the sale of parkland owned by certain municipalities.

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: 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 3352 is finally passed. Congratulations, Senator Gallegos.

SENATOR MARIO GALLEGOS: Thank you, Mr. President.

SENATOR STEVE OGDEN: Senator Watson is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 3033.

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 to House Bill 3033. Members, this is a local bill affecting only the city of Austin employee retirement system. It's a negotiated agreement to reduce retirement benefits for future employees in a way that protects current retirees in the system long-term health. I move suspension of the rules.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 3033. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 3033 relating to retirement under public retirement systems for employees of certain municipalities.

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

SENATOR KIRK WATSON: Mr. President, I move passage of Committee Substitute to House Bill 3033 to third reading.

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

SENATOR KIRK WATSON: 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, no nay, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 3033. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 3033 relating to retirement at a public retirement system.

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

SENATOR KIRK WATSON: Mr. President, I move final passage of Committee Substitute to House Bill 3033.

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

SENATOR STEVE OGDEN: : Senator Birdwell is recognized for a motion to suspend the Senate's regular order of business to take up and consider House Bill 3829.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President and members. This is a local bill that will give McClenon county's juvenile board authority to accept gifts and grants for a local enrichment program. The juvenile probation department in McClenon county will use these resources that are donated under the direction of the board for community based programming to integrate positive social experiences in the lives of troubled youths within McClenon county. 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 3829. The secretary will read the caption.

PATSY SPAW: House Bill 3829 relating to gifts and donations to the McClenon county juvenile board.

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

SENATOR BRIAN BIRDWELL: I move passage to third reading, Mr. President.

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

SENATOR BRIAN BIRDWELL: 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: 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 3829. The secretary will read the caption.

PATSY SPAW: House Bill 3829 relating to gifting and donations to the McClendon county juvenile board.

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

SENATOR BRIAN BIRDWELL: I move final passage of House Bill 3829, 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 zero nays, the bill is finally passed. Congratulations, Senator.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President. Thank you, Senators.

SENATOR STEVE OGDEN: Senator Uresti is recognized for a motion to suspend the regular order of business on House Bill 2367.

SENATOR CARLOS URESTI: Thank you, Mr. President and members. House Bill 2367 is relating to the creation of an advisory panel to study certain parental rights relating to possession of or access to the parent's child. The advisory panel would make recommendations to the 83rd legislature on clarifying parental rights in the absence of a court order. Mr. President, I move to suspend the regular order of business to take up and consider House Bill 2367.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 2367. Secretary will read the caption.

PATSY SPAW: House Bill 2367 relating to creation of an advisory panel to study certain parental rights.

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

PATSY SPAW: Floor amendment number 1 by Uresti.

SENATOR STEVE OGDEN: Senator Uresti, you're recognized on the amendment.

SENATOR CARLOS URESTI: Thank you, Mr. President. Members, floor amendment No. 1 simply permits the governor to designate all members of the parental child abduction panel not later than September 21st, 2011. Mr. President, I move to adopt floor amendment No. 1.

SENATOR STEVE OGDEN: Is there objection? 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 third reading.

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

SENATOR CARLOS URESTI: 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 zero nays, the constitutional rule is suspended. The Chair lays out on third reading and final passage House Bill 2367. The secretary will read the caption.

PATSY SPAW: House Bill 2367 relating to the creation and advisory panel to set certain parental rights.

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

SENATOR CARLOS URESTI: 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 zero nays, the bill is finally passed. Thank you, Senator.

SENATOR KEVIN ELTIFE: Thank you, Mr. President.

SENATOR STEVE OGDEN: Senator Whitmire is recognized for a motion to suspend the regular order of business on House Bill 3862.

SENATOR JOHN WHITMIRE: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider House Bill 3862. House Bill 3862 extends the date of the confirmation election deadline for Harris County municipal utility district No. 510. When the MUD was created, the House required a deadline for elections. This requirement no longer exists since the development of many MUDs have stalled due to economic conditions. The deadline -- dissolve this coming September. I move suspension.

SENATOR STEVE OGDEN: Members, you've heard the explanation, I think. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 3862. The secretary will read the caption.

PATSY SPAW: House Bill 3862 relating to temporary directors of the continuation of existence of Harris County municipal utility district No. 510.

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

SENATOR JOHN WHITMIRE: I move passage of House Bill 3862 to third reading.

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

SENATOR JOHN WHITMIRE: I do so 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: 31 ayes and no nays, the constitutional rule is suspended. The Chair lays out on third reading final passage House Bill 3862. The secretary will read the caption.

PATSY SPAW: House Bill 3862 relating to temporary directors of the Harris County municipal utility district No. 510.

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

SENATOR JOHN WHITMIRE: I move final passage of House Bill 3862.

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 finally passed. Thank you, Senator. Senator Jackson is recognized for a motion to suspend the regular order of business on House Bill 628.

SENATOR MIKE JACKSON: Thank you, Mr. President and members. House Bill 628 consolidates current procurement statutes as they relate to county school districts and other governmental entities. Years of negotiations have concluded with a bill which is supported by Texas Society of Architects, AGC Building Branch, Texas Council of Engineering Companies and the Associated Builders and Contractors. There are -- this bill is the product of a whole lot of work over quite a few sessions and came out of the state affairs committee meeting here last week. In the interest of time we had instead of amending the bill in committee, we're going to have three or four floor amendments and I would move to suspend the regular order of business to take up and consider House Bill 628.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 628. The secretary will read the caption.

PATSY SPAW: House Bill 628 relating to contracts by governmental entities and related professional services.

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

PATSY SPAW: Floor amendment No. 1 by Jackson.

SENATOR STEVE OGDEN: Senator Jackson, you're recognized on floor amendment No. 1.

SENATOR MIKE JACKSON: Thank you, Mr. President. Floor amendment No. 1 is really a technical cleanup. It -- the amendments conforming amendment which was inadvertently omitted during the House debate and the House floor amendment struck the interlocal agreement language and it also clarifies that within seven days of rewarding construction contracts, governmental entity must make public the basis of its selection and an amendment on the House floor changes the current seven days to ten business days. We're putting -- this amendment retains current law and I would move adoption.

SENATOR STEVE OGDEN: Is there objection to the adoption of floor amendment No. 1? Chair hears none, the amendment is adopted. The following amendment. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 2 by Jackson.

SENATOR STEVE OGDEN: Chair recognizes Senator Jackson on floor amendment No. 2.

SENATOR MIKE JACKSON: Thank you, Mr. President and members. This amendment deals -- a corrective measure to enhance and expand bidding transparency to lower cost for roofing materials and services purchased by a school district. It allows school districts the flexibility to relay on the buy board which is administered by the Texas Association of School Boards and other co-ops for roofing needs and I think it's going to help schools save a little bit of money, the way this will work. So if there's no questions, I move adoption.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, floor amendment No. 2 is adopted. Following amendment. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 3 by Ogden.

SENATOR STEVE OGDEN: Senator recognizes Senator Jackson to explain Senator Ogden's floor amendment No. 3.

SENATOR MIKE JACKSON: Members, this is Senator Ogden's amendment and I'd move adoption. No, let me tell you what it does. It would exempt from section 2267.48 a project only if the project is for industrialized housing, industrialized buildings and relocatable educational facilities. The structures approved and subject to TDLR program in chapter 1202 of the occupations code. The contract documents are approved by a contract architect or engineer of record. The government entity could elect to designate another architect or engineer but it would not be required to do so, and this would allow the governmental entity to avoid the cost of another review of the documents and it is acceptable.

SENATOR STEVE OGDEN: Is there objection to the adoption of floor amendment No. 3? Chair hears none; floor amendment No. 3 is adopted. The following amendment. Secretary will read the amendment. Thank you, Senator Jackson.

PATSY SPAW: Floor amendment No. 4 by Seliger.

SENATOR STEVE OGDEN: Chair recognizes Senator Seliger on floor amendment No. 4.

SENATOR KEL SELIGER: Thank you, Mr. President. This amendment would allow local governments to make small purchases of local businesses up to $500,000, exempt construction services from the local bidder provision. It also allows for the construction services will remain at the hundred thousand dollar cap currently in effect at the request of the industry.

SENATOR STEVE OGDEN: Senator Jackson, you're recognized on floor amendment No. 4.

SENATOR MIKE JACKSON: Mr. President, as usual Senator Seliger has done excellent work and has brought this fine amendment. It is acceptable to the author.

SENATOR STEVE OGDEN: All right. Senator Seliger moves adoption of floor amendment No. 4. It's acceptable to the author. Is there objection? Chair hears none, floor amendment No. 4 is adopted. The following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 5 by Carona.

SENATOR STEVE OGDEN: Chair recognizes Senator Carona on floor amendment No. 5.

SENATOR JOHN CARONA: Thank you, Mr. President. Members, this amendment is identical to Senate Bill 892 which passed the Senate on local calendar and unfortunately is stuck over in the House. It allows the Texas Business Council which is the council under the Department of Licensing and Regulation to conduct a study to evaluate the current method of approving plans and evaluating an alternative method in the design plan and specification process for industrialized housing and buildings, I --

SENATOR STEVE OGDEN: Senator Jackson recognized on floor amendment No. 5.

SENATOR MIKE JACKSON: Senator Carona literally came by and said he had an amendment as the bill was being laid out. I want to congratulate him for his speed and working and timing. It's acceptable.

SENATOR STEVE OGDEN: Senator Carona moves adoption of floor amendment No. 5. It's acceptable to the author. Is there objection? Chair hears none, floor amendment No. 5 is adopted. Senator Jackson, you're recognized for a motion.

SENATOR MIKE JACKSON: Thank you, Mr. President. I move passage to third reading of House Bill 628 as heavily amended.

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

SENATOR MIKE JACKSON: 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: 31 ayes and no nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage House Bill 628. The secretary will read the caption.

PATSY SPAW: House Bill 628 relating to contracts by governmental entities and relative professional services.

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

SENATOR MIKE JACKSON: I move final passage of House Bill 628, 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 zero nays, the bill is finally passed. Thank you, Senator Jackson.

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

SENATOR STEVE OGDEN: Mr. Doorkeeper.

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

SENATOR STEVE OGDEN: Admit the messenger.

MESSENGER: Thank you, Mr. President. Mr. President, I am directed by the House to inform the Senate hat House has taken the following action, the House has passed the following measures. SB17 by Carona relating to regulation --

SENATOR STEVE OGDEN: Thank you. Senator Ellis is recognized for a motion to suspend the regular order of business to take up and consider House Bill 1103.

SENATOR RODNEY ELLIS: Thank you, Mr. President and members. The Committee Substitute to House Bill 1103 would allow judges to require persons granted community supervision for animal cruelty offenses to attend a responsible pet owner's course sponsored by a local animal shelter. Substitute also adds the text of Senator Whitmire's bill of Senate Bill 799 which creates the animal cruelty registry which passed the Senate unanimously. Failure to register would be a class C misdemeanor but also allow a fine not to exceed $500. I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 1103.

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

SENATOR RODNEY ELLIS: Question of the sponsor, Mr. President.

SENATOR STEVE OGDEN: You're recognized.

SENATOR RODNEY ELLIS: Yes, sir.

SENATOR KEL SELIGER: Senator Ellis, in the registry, isn't this an instrument that is similar to the registry for those who've committed crimes of molestation and things against minors and things like that?

SENATOR RODNEY ELLIS: What I'd like to do, I notice that Dean Whitmire is preoccupied. You might hear me calling his name, Senator Whitmire, I might defer to you, Senator Whitmire. The question that he's asking me is how the animal cruelty registry that passed unanimously in your Senate Bill 799 which is being added to my bill, how it would work. So instead of me guessing, I might, Mr. President, defer to Senator Whitmire if he can off the top of his head remember what his animal cruelty registry did.

SENATOR KEL SELIGER: On the outside chance that I have the floor, I yield.

SENATOR STEVE OGDEN: Thank you for your courtesy. Senator Whitmire, you're recognized to answer a question from Senator Seliger.

SENATOR JOHN WHITMIRE: If you're convicted of an animal cruelty act felony, a judge may put you on a DPS registration list for up to 10 years. He can take you off after you do community service, serve out a sentence or show some remorse, change in behavior or attitude about animals. It was just -- what we have found, Senator Seliger, people that are cruel to animals often then perpetrate the same act against humans. There's a correlation there.

SENATOR KEL SELIGER: So we're going to sanction them for possible future acts.

SENATOR JOHN WHITMIRE: Well, obviously one is to allow the public and neighbors and others -- just very much modeled after the sex registration list, the difference is you can get off of this one, you can graduate off of it. To get off the sexual molestation list, you're currently there for life. So we took that model at the advice of those who worked in this area that how the psychology of a person that commits animal cruelty oftentimes repeats that against humans, so we're going to put the public on notice that these individuals have done a horrible felony act against animals: Destroying young kittens, rituals, I could go through a whole litany of things that were documented. So you go on this list for up to 10 years, a judge can take you off whenever he or she thinks you're no longer a risk to society.

SENATOR KEL SELIGER: I'd like to talk about the similarity between this registration and that with sexual offenders. Is it the sort of registration where they muse -- if someone moves, they must check in with local authorities? Must their picture be printed in publication, are there limitations, will their neighbors be advised that a former animal abuser in the neighborhood? Are their constraints upon their movements or actions in places that they can go?

SENATOR JOHN WHITMIRE: Not that restrictive or comprehensive. It just allow the DPS to come up and have a registration list that anyone can access, very much like -- the really, as you know, the sexual registration list, you have to access it. There's a site that you can look it up but it doesn't restrict the person's travel, job, proximity to others, it's just a layer of precaution that if you are concerned about those who have committed a felony against animals, no pictures, you can just find out that list.

SENATOR KEL SELIGER: But the general public can access this list and they'll see the name and address of the person who's whose there, like the existing list for sexual offenders and so what we're going to do is once again we're going to go ahead and stigmatize these people, even though they've paid whatever penalty it is for the infraction they have committed.

SENATOR JOHN WHITMIRE: I certainly appreciate your concern, I think if you want to look at the sexual registration list, there's probably folks on there that are on there unnecessarily. In fact it's become so broad, I think there's 60,000 people on it that they get very little supervision or review because we've placed too many people on there, it ought to be for the real predators quite frankly on the sexual registration list. Now, back to what this amendment will do, it is hopefully a safeguard for the public if they are concerned about who is cruel to animals and then convicted of a felony, pretty serious offense, that you go on this registration list if a judge thinks it makes sense.

SENATOR KEL SELIGER: Those are all my questions. Thank you.

SENATOR JOHN WHITMIRE: It does not stigmatize folks, but but unfortunately as you and I know when you work in criminal justice, when you commit a crime that in itself will stigmatize you. That's why these folks should not commit these felonies.

SENATOR KEL SELIGER: Well, it's a little different in this case, the felonies are serious, there's no question and hopefully there's some therapeutic treatment while the person is paying the rest of the deal, but giving notice to the general public that Jeff Dahmer is living next door --

SENATOR JOHN WHITMIRE: Well, the bottom line is they can get treatment, counseling and come off of it and hopefully working with the judge and court officers it will be a positive matter and after they get off the list receive rehabilitation. I appreciate your concerns, but I think we ought to at least make this effort.

SENATOR KEL SELIGER: Thank you.

SENATOR RODNEY ELLIS: Mr. President, if there's no other questions --

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

SENATOR RODNEY ELLIS: I move to suspend the regular order of business, Mr. President.

SENATOR STEVE OGDEN: Senator Ellis moves to suspend the regular order of business on Committee Substitute to House Bill 799.

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 21 ayes and eight -- nine nays, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 1103. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1103 relating to the civil and criminal consequences of certain criminal offenses involving animal cruelty.

SENATOR STEVE OGDEN: Senator Ellis --

SENATOR RODNEY ELLIS: Mr. President, I move passage to third reading.

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

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

SENATOR STEVE OGDEN: All right. Members, we're moving to suspend the constitutional three day rule, a 4/5ths vote. 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 22 ayes and nine nays, the bill fails to suspend.

SENATOR RODNEY ELLIS: Thank you, Mr. President, thank you members.

SENATOR STEVE OGDEN: Senator Lucio. Senator Lucio is recognized for a motion to suspend the regular order of business on House Bill 2387.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. I'd like to suspend all necessary rules to take up and consider House Bill 2387. Members, this bill is intended to amend chapter six subchapter eight section 6.05 of the tax code to clarify that appraisal board of directors may have the authority to select and retain an in-house general counsel who shall be charged to work with but not reporting to the chief appraiser, president, staff attorneys. This is a permissive bill and did not preclude the chief appraisal from hiring other in-house attorneys as may be necessary to perform legal work on behalf of the district. Move suspension of the rules, Mr. President.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 2387. The secretary will read the caption.

PATSY SPAW: House Bill 2387 relating to selection companion and duties of the general counsel to an appraisal district.

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

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

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the bill 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 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 2387. The secretary will read the caption.

PATSY SPAW: House Bill 2387 relating to sleeks compensation and duties of general counsel to appraisal district.

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

SENATOR EDDIE LUCIO: I'd like to move final passage of House Bill 2387 at this time, 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 bill is finally passed. Thank you, Senator.

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

SENATOR STEVE OGDEN: Senator Uresti is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 1788.

SENATOR CARLOS URESTI: Thank you, Mr. President and members, good morning. The Committee Substitute for House Bill 1788 is relating to capturing reptiles and amphibians by nonlethal means and providing a penalty. Since reptiles collecting along roadsides was unexpectedly outlawed by the legislature four years ago, hotels, restaurants, and other businesses in rural communities in west Texas and other parts of Texas have reported losing millions of dollars in tourism revenue. And with that Mr. President I move to suspend the regular order of business to take up and consider Committee Substitute to House Bill 1788.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 1788. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1788 relating to capturing reptiles and amphibians by nonlethal means.

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

PATSY SPAW: Floor amendment No. 1 by Uresti.

SENATOR STEVE OGDEN: Chair recognizes Senator Uresti.

SENATOR CARLOS URESTI: Thank you, Mr. President and members. Floor amendment No. 1 is a perfecting amendment that clarifies and tidies the language on banning spotlight use from vehicles. It was brought to us by the Texas Parks and Wildlife Department. Mr. President I move to adopt floor amendment No. 1.

SENATOR STEVE OGDEN: Is there objection? 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 third reading.

SENATOR STEVE OGDEN: Is there objection? Chair hears none -- Senator Hinojosa, for what purpose do you rise?

SENATOR JUAN HINOJOSA: Will the gentleman yield?

SENATOR CARLOS URESTI: Reluctantly yes, as I yield to my good friend Senator Hinojosa.

SENATOR STEVE OGDEN: All right.

SENATOR JUAN HINOJOSA: What are we talking about here relating to capturing retiles and amphibians by nonlethal means?

SENATOR CARLOS URESTI: Well, the idea is, Senator Hinojosa, we don't want to kill the snakes and the horny toads along the roadway but we want to allow those individuals that love to hunt these reptiles and amphibians and allow them to do that on the roadside.

SENATOR JUAN HINOJOSA: So you mean if I find a snake in my backyard, I can't kill it?

SENATOR CARLOS URESTI: Absolutely, yes you can. What this bill is specific to is if you want to walk along the roadway, along the highway you can't do that without this bill. Right now it's illegal for you to walk along the highway and capture a snake or capture a horny toad along the highway, along the roadside, that's what this bill says.

SENATOR JUAN HINOJOSA: Well, when I read nonlethal that means to me I have to kill the snake with my own hands and I cannot use a BB gun or I cannot use a hoe.

SENATOR CARLOS URESTI: If you're hunting along the highway, you can't, you have to get a hunting license first of all. There's folks out there that want to do this for different reasons and they walk along the roadway and they want to capture these snakes for some reason and right now it's illegal to do that. Now, if you're out in your backyard, you can kill that snake and you can do whatever you want to do with that snake, but this is specific to along the highway.

SENATOR JUAN HINOJOSA: Well, when I was a kid I used to go hunting lizards with BB guns. Could this make it illegal to do that?

SENATOR CARLOS URESTI: No, sir, it doesn't make it illegal. The specific point on this bill is along the highway. There are folks right now that walk along the highway looking for snakes, and it's illegal to do that, believe it or not. I am trying to make that legal, but in order to do it it needs to be done in a safe manner.

SENATOR JUAN HINOJOSA: This a problem in San Antonio?

SENATOR CARLOS URESTI: It's a big problem out in west Texas. There's some folks -- I've got a number of calls from my constituents in west Texas, probably in south Texas as well that want to capture reptiles and amphibians along the side of highway.

SENATOR JUAN HINOJOSA: I guess this is one of your priority bills this session?

SENATOR CARLOS URESTI: It has become one of my priority bills, Senator Hinojosa.

SENATOR JUAN HINOJOSA: Thank you.

SENATOR CARLOS URESTI: Thank you.

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

SENATOR JOAN HUFFMAN: To question the author of the bill.

SENATOR STEVE OGDEN: You're recognized.

SENATOR CARLOS URESTI: I yield to the judge.

SENATOR JOAN HUFFMAN: Senator Uresti, I just want to make sure I know what you're doing here. Are you saying now for the entire Texas if a person wants to collect or get a snake, put a snake in a bag or a frog in a bag that they need to be licensed and regulated? That what we're doing?

SENATOR CARLOS URESTI: Well, Senator Huffman, as you know I have the biggest district in Texas. And --

SENATOR JOAN HUFFMAN: I didn't know that, Senator Uresti. Tell me about that.

SENATOR CARLOS URESTI: No one in this place knows, I just want to remind them, and there's a lot of miles out there in west Texas, miles and miles and miles and miles. It's actually -- most people don't know this, it's illegal right now to walk along the side of the highway and pick up a snake or a horny toad. And so what I'm trying to do is address the huge concern of my constituents in west Texas that want to walk along the miles and miles and miles and collect those snakes.

SENATOR JOAN HUFFMAN: Is this like when they do those rattle snake roundups?

SENATOR CARLOS URESTI: It's very similar to that, Senator Huffman. It's a very good point.

SENATOR JOAN HUFFMAN: So you're making it legal now to do that so won't be engaging in a illegal activity but they will have to go through Texas Parks and Wildlife and get a stamp on their hunting license?

SENATOR CARLOS URESTI: Exactly. And I know how concerned you are about criminal activity, especially in west Texas, and so I am sure you would support me in this bill as we move forward to third reading, Judge.

SENATOR JOAN HUFFMAN: Thank you, Senator Uresti.

SENATOR CARLOS URESTI: No, thank you.

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

SENATOR WENDY DAVIS: To ask the author of the bill a question if he will yield.

SENATOR CARLOS URESTI: I will yield.

SENATOR WENDY DAVIS: Senator Uresti --

SENATOR CARLOS URESTI: Senator Davis.

SENATOR WENDY DAVIS: -- what I really want to know, what I am dying to know, does your bill help or hurt horn frogs?

SENATOR CARLOS URESTI: I'm sorry.

SENATOR WENDY DAVIS: Does it help or hurt horn frogs? You know I have a special affinity for them.

SENATOR CARLOS URESTI: I know you do, Senator Davis. You'll be happy to know there's no 100-mile exemption in this bill and so it applies to across Texas, but the idea is for them to capture those horny toads. And being as sensitive as you are and I am hopefully they will be able to capture these and take them back to the children. That's what this bill is really about.

SENATOR WENDY DAVIS: So arguably this could protect horn frogs because a horn frog that might otherwise get run over by a car may now become a family pet.

SENATOR CARLOS URESTI: Exactly. And it would be a sad day for those children if they knew that. And unfortunately for those horn frogs that don't make it across the roadway, you can pick those up right now. But we don't want to take those back to the children. We want to take the live ones back home.

SENATOR WENDY DAVIS: Okay.

SENATOR CARLOS URESTI: Thank you, Senator. And thank you for caring.

SENATOR STEVE OGDEN: All right. Senator Uresti is recognized for a motion.

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

SENATOR STEVE OGDEN: Go ahead -- excuse me. Senator Gallegos, for what purpose do you rise?

SENATOR MARIO GALLEGOS: Will the Senator yield?

SENATOR CARLOS URESTI: I yield to Senator Gallegos.

SENATOR MARIO GALLEGOS: Let me ask, I was involved in a conversation behind you. Didn't know your bill was up. Did this -- I know that Senator Davis asked you about horn frogs. Did this affect chubacabras in any way?

SENATOR CARLOS URESTI: Well, you know, that's a very serious issue in the south side of San Antonio because I've seen a chubracabra, but we're not quite if that's an actual reptile or amphibian. So right now I think it would be exempt from this bill.

SENATOR MARIO GALLEGOS: Okay. I just wanted to make sure. Thank you.

SENATOR CARLOS URESTI: Thank you. Mr. President, I move passage to third reading.

SENATOR STEVE OGDEN: All right. Senator Uresti moves passage to third reading of Committee Substitute to House Bill 1788. There is objection. 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 25 ayes and six nays, the bill passed to third reading. You are recognized for a motion to suspend the constitutional three day rule.

SENATOR CARLOS URESTI: 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: Being 25 ayes and six nays, the constitutional rule is suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 1788. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1788 relating to capturing reptiles and amphibians by nonlethal means.

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

SENATOR CARLOS URESTI: 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: There being 25 ayes and six nays, the bill is finally passed.

SENATOR CARLOS URESTI: 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 326.

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 326 by Representative Guillen. Members, this relates to the reporting requirements of and certain unfunded man states related to the functions of a state agency that is undergoing review by the sunset advisory commission. Generally the bill would require a state agency that is subject to sunset review to submit by September 1st before that (inaudible) to the sunset commissioner, the governor, the lieutenant governor and the legislature a report that lists each report that the agency is required to prepare and effort needed for each report. The purpose of course to reduce the number of reports and unfunded mandates. 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 Committee Substitute to House Bill 326. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 362 relating to the reporting requirements of the state agency that is undergoing review by the sunset advisory commission.

SENATOR STEVE OGDEN: Senators, can y'all clear the way here? All right. 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 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 zero nays, the constitutional rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 326. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 326 relating to reporting requirements of a state agency that undergoing review by the sunset advisory commission.

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: 31 ayes and zero nays, the bill is finally passed. Thank you, Senator.

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

SENATOR STEVE OGDEN: Senator Huffman is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 274.

SENATOR JOAN HUFFMAN: Thank you, Mr. President. Members, I move to suspend the Senate's regular order of business to take up and consider the Committee Substitute to House Bill 274. This bill is the ominous tort reform bill it makes the Texas civil justice system more efficient and more accessible to all parties. This bill is the product of intense negotiations which included input from all stakeholders. All parties were able to come to an agreement which was reflected in an unanimous vote by the state affairs committee. Article I of the bill directs the Supreme Court to adopt rules to provide for the dismissal of certain actions that have no basis in law or fact. Article two provides a plan for the Supreme Court to adopt rules to promote a quicker and more specific resolution of actions for all claims of damages are under $100,000. Article three makes changes to the law governing interlocutory appeals or issues that can be sent to a higher court for clarification during the middle of the trial. Article four makes changes to current law by parties who decide to settle, may recoup some of their attorney fees in limited situations. Finally article five amends the procedure by which a party to a lawsuit can designate an outside actor as a responsible third party. Mr. President, I move suspension of the Committee Substitute to House Bill 274.

SENATOR STEVE OGDEN: Senator Huffman moves suspension of the committee at this time to House Bill 274. The secretary will call the roll. Senator Huffman moves to suspend the Senate's -- okay. Members, let me back up. Senator Huffman moves to suspend the regular order of business to take up and consider Committee Substitute to House Bill 274. 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 zero nays, the rule is suspended. The Chair lays out on second reading committee tout to House Bill 274. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 274 relating to the reform form of certain remedies and procedures in civil activities and family law matters.

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

SENATOR JOAN HUFFMAN: I move passage to third reading.

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

SENATOR JOAN HUFFMAN: 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 zero nays, the constitutional rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 274. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 274 relating to the reform of certain remedies and civil action.

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

SENATOR JOAN HUFFMAN: Before I make that final motion for a final passage, Senator Harris wanted to ask me a question, I don't see him. I just want to clarify that the legislative intent in this bill that it did not apply to family law or to the family code and I believe it's clear in the bill but he had concerns and so in deference to him, he's not here, I'll just state that on my own. And then I'll move for final passage of the Committee Substitute to House Bill 274.

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 zero nays, the bill finally passed. Congratulations, Senator Huffman. That is a very significant accomplishment. Senator Hegar, you're recognized for a motion to suspend the regular order of business to take up and consider House Bill 2425.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. Texas law currently lacks the comprehensive counterpart federal statute that gives the Texas attorney general's office notice of challenges to the constitutionality of state actions asserted in a federal court action in which the state is not a party. Like the federal statute House Bill 2425 would require the court rather than the party to serve the required notice on the attorney general. The bill provides a 45 day window between the time notice is served on the attorney general and the time of the trial may strike down a statute allowing the AG's office to weigh in on the state's constitutionality in those 45 days. If the court fails to give notice, the court does not effect the parties' right. It's anticipated that the courts will do a good job as they have in the federal courts for more than 16 years now. And I would move to suspend the Senate's regular order of business to take up and consider House Bill 2425.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 2425. The secretary will read the caption.

PATSY SPAW: House Bill 2425 relating to notice to the attorney general of challenges to the constitutionality of the Texas statutes.

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

SENATOR GLENN HEGAR: Move passage to third reading.

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

SENATOR GLENN HEGAR: 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: 31 ayes, zero nays, the constitutional rule is suspended. The Chair lays out on third reading and final passage House Bill 2425. The secretary will read the caption.

PATSY SPAW: House Bill 2524 relating to the notice to the attorney general of challenges to the constitutionality of Texas statutes.

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

SENATOR GLENN HEGAR: Thank you, Mr. President. I move final passage of House Bill 2425.

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, zero nays, the bill is finally passed. Congratulations, Senator Hegar. Senator Birdwell is recognized for a motion to suspend the regular order of business on House Bill 3836.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President and members. House Bill 3836 by Representative Pitts creates the Windsor Hills municipal management district No. 1 containing a proximately 905 acres within the corporate city limits of the city. The purpose of the district is to undertake and finance public improvement projects on property located inside the district. Mr. President, I move to suspend the regular order of business.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. Chair lays out on second reading House Bill 3836. The secretary will read the caption.

PATSY SPAW: House Bill 3836 relating to the creation of the Windsor Hills municipal management district No. 1.

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

SENATOR BRIAN BIRDWELL: I move passage to third reading, Mr. President.

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

SENATOR BRIAN BIRDWELL: Mr. President, I move to suspend the constitutional three day rule.

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 zero nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage House Bill 3836. The secretary will read the caption.

PATSY SPAW: House Bill 3836 relating to the creation of the Windsor Hills municipal management district No. 1.

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

SENATOR BRIAN BIRDWELL: I move final passage, 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: There being 31 ayes and zero nays, the bill is finally passed. Thank you, Senator.

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

SENATOR STEVE OGDEN: Senator Gallegos is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 3828.

SENATOR MARIO GALLEGOS: Thank you, Mr. President. Mr. President, I move to suspend the Senate's regular order of business in order to take up and consider the Committee Substitute to House Bill 3828. Members, House Bill 3828 creates the Gulfton management district which is located in Houston. With a declining tax base. It has a representation for being crime ridden and dangerous and because it has a bad representation branding the area and positive marketing will help turn around public perception and stimulate the economic development and investment in the area. It also creates the district and establishes the composition of the board and establishes the powers of the district. The bill also uses standardized language that had been approved by the IGR committee. Mr. President, I move to suspend the regular order of business on House Bill 3828.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the regular order of business is suspended. The Chair lays out on second reading Committee Substitute to House Bill 3828. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 3828 relating to the creation of the Gulfton area municipal management district.

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

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

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

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

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 zero nays, constitutional rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 3828. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 3828 relating to Gulfton area municipal management district.

SENATOR STEVE OGDEN: You're recognized for a motion.

SENATOR MARIO GALLEGOS: 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 zero nays, the bill is finally passed. Thank you, Senator.

SENATOR MARIO GALLEGOS: Thank you, Mr. President.

SENATOR STEVE OGDEN: Senator Hinojosa is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 3133.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. I move to suspend the regular order of business to take up and consider House Bill 3133. This bill seeks to resolve property tax assessment issues that nonprofits like Habitat for Humanity are experiencing. This bill would allow nonprofits and holding land under the committee housing development organization tax exemption to transfer the property to related nonprofit without having to pay back taxes for the period of which property taxes are exempt under the exemption. This exemption process is valid for five years after which time the property is placed back on the Texas units roll. It seeks to clarify the issue of property tax exceptions when real property is transferred from one tax exempt organization to another. And with that Mr. President I would move that we suspend the regular order of business to take up and consider the Committee Substitute to House Bill 3133.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 3133. The secretary will read the caption.

PATSY SPAW: Committee substitute to House Bill 3133 relating to appraisal for ad valorem tax purposes for property of which house is being or has been built or repaired.

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

PATSY SPAW: Floor amendment number 1 by Van de Putte.

SENATOR STEVE OGDEN: Senator Van de Putte, you're recognized on your amendment.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, this amendment clearly helps our charitable organizations that build homes for low income families that receives the tax exemption on real property in which the housing is to be built. These organizations are not exempt from the lookback sanctions. This amendment would eliminate the lookback sanction for land developed by a charitable organization who uses volunteer labor for the creation of low income housing. Members, this is the Habitat for Humanity bill or amendment. This lookback section would only be released if the commissioner's court in the county agrees to release it. Move adoption of the amendment.

SENATOR JUAN HINOJOSA: It's acceptable.

SENATOR STEVE OGDEN: Senator Van de Putte moves adoption of floor amendment number 1. It's acceptable to the author. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Senator Hinojosa is recognized for a motion.

SENATOR JUAN HINOJOSA: I move passage to third reading.

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

SENATOR JUAN HINOJOSA: I so move.

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 29 ayes and two nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 3133. The secretary will read the caption.

PATSY SPAW: Committee substitute to House Bill 3133 relating to the appraisal for ad valorem tax purposes for property which house is being or has been built or repaired.

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

SENATOR JUAN HINOJOSA: I move final passage of Committee Substitute to House Bill 3133.

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: 29 ayes and two nays, the bill is finally passed.

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

SENATOR STEVE OGDEN: Senator Ellis is recognized for a motion to suspend the regular order of business on House Bill 2649.

SENATOR RODNEY ELLIS: Thank you, Mr. President and members. This bill encourages positive offender behavior by offering an incentive for the completion of vocational, educational and treatment programs that have proven to reduce recidivism. Under current law good time is not available to those confined in a state jail felony facility, only offenders in state prisons can get it. This bill would offer diligent participation credits to state jail offenders. Portions of an offender's credit under this bill could, could, be taken away for bad behavior and would be used as a disciplinary management tool. An offender may be awarded at a judge's discretion a credit for any time his -- or he or she is subject to disciplinary action. It would (inaudible) after September the 1st, 2011, it has the potential of positive fiscal impact of $49 million for the biennium. I move to suspend the Senate's regular order of business to take up and consider House Bill 2649.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 2649. The secretary will read the caption.

PATSY SPAW: House Bill 2649 relating to the award of diligent participation credits for defendants confined in a state jail facility.

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

SENATOR RODNEY ELLIS: Mr. President, I move passage to third reading.

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 passed to third reading. Senator Ellis, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR RODNEY ELLIS: Mr. President, I move to suspend spend 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: 30 ayes and one may, the constitutional rule is suspended. The Chair lays out on third reading and final passage House Bill 2649. The secretary will read the caption.

PATSY SPAW: House Bill 2649 relating to the awarding of diligent participation credit to defendants confined in a state jail felony facility.

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

SENATOR RODNEY ELLIS: 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 30 ayes and one nay, the bill is finally passed. Congratulations, Senator.

SENATOR RODNEY ELLIS: Thank you, Mr. President.

SENATOR STEVE OGDEN: Senator Uresti, you're recognized for a motion to suspend the regular order of business on House Bill 2098.

SENATOR CARLOS URESTI: Thank you, Mr. President and members. House Bill 2098 relates to the authority of physician and physician assistants to form certain entities. Both the Texas Medical Association and the Texas Academy of Physician Assistants support House Bill 2098. Current issue did not address ownership of clinics by physician assist expert witness this has led to some PAs opening medical clinics and hiring physicians as their assistants. The Texas Medical Association and the Texas Medical Board believes this causes problems with the physician's role as a supervisor of the PA. This bill will solve this problem by creating an ownership model consistent with physicians and PA's scope of practice and practice model and will prevent PAs from hiring or contracting their supervising physicians in the future. With that I move to suspend the regular order of business and take up and consider House Bill 2098.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 2098. The secretary will read the caption.

PATSY SPAW: House Bill 2098 relating to the authority of the physicians and physicians assistants to perform certain entities.

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

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

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

SENATOR CARLOS URESTI: 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: 30 ios and one nay, the constitutional three day rule suspended. The Chair lays ut on third reading and final passage House Bill 2098. The secretary will read the caption.

PATSY SPAW: House Bill 2098 relating to the authority of physicians and physician assistants to perform certain entities.

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

SENATOR CARLOS URESTI: Mr. President, I move final passage of House Bill 2098.

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

SENATOR CARLOS URESTI: Thank you, Mr. President.

SENATOR STEVE OGDEN: Senator Carona is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 3691.

SENATOR JOHN CARONA: Thank you, Mr. President. Members, this particular bill is intended to increase fiscal and operational efficiencies in our adult probation system. An attorney general opinion from nearly 30 years ago has been interpreted to require a judicial district to create its own probation department which may be cumbersome for certain rural areas and so the purpose of this bill is to clarify that a judicial district has the authority to contract with a probation department established for another judicial district. I move to suspend at this time.

SENATOR STEVE OGDEN: All right. Senator Carona moves suspension of the regular order of business. 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 28 ayes and three nays, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 3691. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 3691 relating to community supervision and corrections department of community justice plans.

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

SENATOR JOHN CARONA: I move passage to third reading.

SENATOR STEVE OGDEN: Is there objection? There is. 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: 28 ayes and three nays, 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: 28 ayes and three nays, the constitutional rule is suspended. Senator Carona is recognized -- the Chair lays out on third reading and final passage Committee Substitute to House Bill 3691. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 3691 relating to community supervision and corrections department and community justice plans.

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

SENATOR JOHN CARONA: 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 28 ayes and three nays, the recall is suspended. There being 28 ayes s and three nays, the Committee Substitute to House Bill 3691 is finally passed. Thank you, Senator. Senator Rodriguez is recognized for a motion to suspend the regular order of business to take up and consider Committee Substitute to House Bill 3831.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members. The Committee Substitute for House Bill 3831 amends the current law relating to a creation of a municipal management district. This bill creates the Monticellio management district No. 1 in El Paso. The district will contain proximately 292 acres within the city limits. It will be governed by a board of directors appointed by the city and the public improvement projects must be approved by the city. The district will have the authority to issue bonds secured by assessments. It is requested from landowners in the district or by ad valorem taxes if approved by voters within the district. All bonds issued by the district must be approved by the city and the attorney general. The district will not have the power of eminent domain and the city may dissolve the district if the district has no outstanding debt. I believe there's also an amendment that adds a provision prohibiting the district from acquiring, maintaining or operating a toll road. Mr. President and members, I move that we suspend the regular order of business and all necessary rules to take up consider the Committee Substitute for House Bill 3831.

SENATOR STEVE OGDEN: Is there objection to suspending the regular order of business? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 3831. The secretary will read the caption.

PATSY SPAW: House Bill 3831 relating to the creation of the Monticellio municipal management district No. 1.

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

PATSY SPAW: Committee amendment No. 1 by Rodriguez.

SENATOR STEVE OGDEN: Senator Rodriguez is recognized on committee amendment No. 1.

SENATOR JOSE RODRIGUEZ: Members and Mr. President, the committee amendment No. 1 adds a provision prohibiting the district from constructing, acquiring, maintaining or operating a toll road. I move adoption of committee amendment No. 1.

SENATOR STEVE OGDEN: Is there any objection to the adoption of committee amendment No. 1? The Chair hears none, the amendment is adopted. Senator Rodriguez is recognized for a motion.

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

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

SENATOR JOSE RODRIGUEZ: Mr. President and members, I move to suspend the constitutional three day 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 zero nays, constitutional three day rule is suspended. The Chair lays out on third reading and final passage House Bill 3831.

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

SENATOR STEVE OGDEN: We need to read the caption first.

PATSY SPAW: House Bill 3831 relating to creating a Monticellio municipal management district No. 1.

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: House Bill 3831 is finally passed.

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

SENATOR STEVE OGDEN: Following motion in writing.

PATSY SPAW: Motion in writing. Mr. President I ask unanimous consent for House Bill 737 relating to the East Montgomery county improvement district to be withdrawn from the committee on intergovernmental relations and rereferred to the committee on international relations and trade. Senator Williams, author, Senator West Chair committee from which bill is being withdrawn. Senator Lucio Chair committee to which bill being rereferred.

SENATOR STEVE OGDEN: Is there objection to the adoption of megs in Chair hears none, motion is adopted. Chair recognizes Senator Lucio for a motion.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members, I'd like to move to suspend the 24-hour posting rule in accordance with Senate rules 11.0 and 11.18 in order for the Senate committee on international relations and trade to meet today Tuesday May 24th at my desk during reading to hear House Bill 737 sponsored by Senator Williams, local bill from Montgomery county.

SENATOR STEVE OGDEN: Is there objection to the suspension of the rules? Chair hears none, rules are suspended. Members, we're getting ready to take a break. Are there any announcements? Senator Ellis, do you have an announcement? Senator Whitmire, you're recognized for a motion.

SENATOR JOHN WHITMIRE: I would move that we recess until 2:00 clock.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, Senate stands recessed until 2:00 p.m.

(Recess.)

SENATOR KEVIN ELTIFE: The Senate will come to order. Mr. Doorkeeper.

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

SENATOR KEVIN ELTIFE: Admit the messenger.

MESSENGER: Thank you, Mr. President. Mr. President, I am directed by the House to inform the Senate that the House has taken the following actions, the House has passed the following measures, SB223 by Nelson relating to certain facilities and care providers including providers --

SENATOR KEVIN ELTIFE: Thank you, Mr. Messenger. Senator Birdwell, you're recognized for a motion to suspend the regular order of business on House Bill 3852.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President and members. House Bill 3852 creates the Midlothian municipal management district No. 2 in Ellis county which contains approximately 1,167 acres within the corporate limits of the city of Midlothian. The district will consist of residential, commercial, retail and industrial uses and it will promote economic development, tourism, the arts, economic safety and the public welfare within the district. There are over 215 acres of parks and green space incorporated into the existing lakes. Mr. President, I move suspension of the regular order of business to consider House Bill 3852.

SENATOR KEVIN ELTIFE: Senator Birdwell moves suspension of the regular order of business to take up and consider House Bill 3852. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading, House Bill 3852. The secretary will read the caption.

PATSY SPAW: House Bill 3852 relating to the creation of the Midlothian municipal management district No. 2.

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

SENATOR BRIAN BIRDWELL: I move passage to third reading, Mr. President.

SENATOR KEVIN ELTIFE: Senator Birdwell moves passage to third reading. Is there objection? Chair hears none, House Bill 3852 is passed to third reading. Senator Birdwell, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR BRIAN BIRDWELL: I move to suspend the constitutional three day rule, 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, the rule is suspended. The Chair lays out on third reading and final passage House Bill 3852. The secretary will read the caption.

PATSY SPAW: House Bill 3852 relating to the creation of Midlothian municipal district No. 2.

SENATOR KEVIN ELTIFE: Senator Birdwell, you're recognized for a possession.

SENATOR BRIAN BIRDWELL: I move final passage, Mr. President.

SENATOR KEVIN ELTIFE: Senator Birdwell moves final passage of House Bill 3852. 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 3852 is finally passed. Congratulations Senator Birdwell.

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

SENATOR KEVIN ELTIFE: Senator Nelson you're recognized for a motion to suspend the regular order of business Committee Substitute House Bill 1781.

SENATOR JANE NELSON: Thank you so much. Mr. President, I move to suspend the regular order of business to take up and consider Committee Substitute to House Bill 1781. Mr. President, and members each interim the state librarian archives commission reviews the reports required of our state agencies and institutions of higher education. While this review is a great tarting point, it does not take into account each agency's recommendation which could lead to the identification of even more unnecessary reports. The Committee Substitute for Senate Bill -- House Bill 1781 addresses this gap by requiring state agencies and institutions of higher education to review report they are required to prepare and identify those that are obsolete or redundant for the 83rd legislature's review creating greater efficiencies at our state agents. The bill also requires the sunset commission to provide a report each of the sunset agency undergoing sunset review and identify reports that are obsolete or redundant. Mr. President, I move suspension.

SENATOR KEVIN ELTIFE: Senator Nelson moves suspension of the regular order of business to take up and consider House Bill 1781. Is there objection? Hearing none, the rules are suspended. The Chair lays out on second reading Committee Substitute House Bill 1781. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 1781 related to obsolete or redundant reporting requirements applicable to state agencies.

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

PATSY SPAW: Floor amendment No. 1 by Seliger.

SENATOR KEVIN ELTIFE: Senator Seliger to explain the amendment.

SENATOR KEL SELIGER: Mr. President, this amendment is the engrossed version of Senate Bill 372 which passed the Senate unanimously on the local and uncontested calendar. The amendment simply streamlines the attorney general's reporting duties by eliminating a number of the agency's duplicative and redundant reporting requirements.

SENATOR JANE NELSON: It is acceptable.

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

SENATOR JANE NELSON: Mr. President I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Nelson moves passage to third reading. Is there objection? Chair hears none, Committee Substitute House Bill 1781 as amended is passed to third reading. Senator Nelson, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: 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 is suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 1781. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 1781 relating to obsolete or redundant reporting requirements applicable to state agencies.

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

SENATOR JANE NELSON: I move final passage of Committee Substitute House Bill 1781.

SENATOR KEVIN ELTIFE: Senator Nelson now moves final passage of Committee Substitute to House Bill 1718 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 1781 is finally passed. Congratulations Senator Nelson.

SENATOR JANE NELSON: Thank you so much, Mr. President.

SENATOR KEVIN ELTIFE: Chair recognizes Senator Williams for a motion on the intent calendar.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members. I move to suspend the intent calendar rule No. 514 actually to modify that and push the time back from 3:00 p.m. to 7:00 p.m. today. So the deadline would move to 7:00 p.m.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Williams regarding the intent calendar. Is there objection? Chair hears none, so ordered. Thank you, Senator Williams. Senator Williams is now recognized for a motion to suspend the regular order of business on House Bill 3182.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members. House Bill 3182 is a bill that was brought to us by the service industry for the oil and gas industry. Some of their members apply sleeping accommodations, change rooms and other temporary buildings to drilling rigs. Some of the units are on wheels, some are on skids and people in the business thought they were all subject to the same sales tax when they paid that tax. As it turns out depending on how the accommodations are constructed, units could be subject to the hotel, motel tax the vehicle tax or the sales tax. And the purpose of Senate Bill 3182 is to perspectively change this law so that the sale tax is what applies to all the facility so they'll all be treated in a uniform fashion. I move to suspend the Senate's regular order of business to take up and consider House Bill 3182.

SENATOR KEVIN ELTIFE: Senator Williams now moves suspension of the regular order of business to take up and consider House Bill 3182. Is there objection? Chair hears none. Chair lays out on second reading House Bill 3182. The secretary will read the caption.

PATSY SPAW: House Bill 3182 relating to imposition of state taxes on certain oil field portable units.

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

SENATOR TOMMY WILLIAMS: I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Williams now moves passage to third reading. Is there objection? Chair hears none, House Bill 3182 is passed to third reading. Senator Williams, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR TOMMY WILLIAMS: 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: 30 ayes, zero nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 3182. The secretary will read the caption.

PATSY SPAW: House Bill 3182 relating to the imposition of state taxes on certain oil field portable units.

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

SENATOR TOMMY WILLIAMS: I move final passage.

SENATOR KEVIN ELTIFE: Senator Williams now moves final passage of House Bill 3182. 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, no nays, House Bill 3182 is finally passed. Congratulations, Senator Williams.

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

SENATOR KEVIN ELTIFE: Senator Hinojosa, you're recognized for a motion to suspend the regular order of business on House Bill 3423.

SENATOR JUAN HINOJOSA: Thank you, Mr. President and members. I move to suspend the regular order of business to take up and consider House Bill 3423. Currently if someone has committed a crime against federal special investigators such as fleeing from a border patrol agent, making a false report to the FBI agent or attempt to take the weapon from another federal officer, there's no mechanism to charge the perpetrator in state court. House Bill 3423 makes the offenses of making a false report, intentionally fleeing and taking or attempting to take a weapon from an officer or investigator hired by the federal government punished by the state law. Federal court when committed against federal special investigators. This bill brings federal special investigator protection and make it possible to charge offenders with this offense in state court. I move suspension.

SENATOR KEVIN ELTIFE: Senator Hinojosa moves suspension of the regular order of business to take up and consider House Bill 3423. Is there objection? Chair hears none, the rule is suspended. The Chair lays out to on second reading House Bill 3423. Secretary will read the caption.

PATSY SPAW: House Bill 3423 relating to certain criminal offenses committed in relation to federal special investigators.

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

SENATOR JUAN HINOJOSA: I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Hinojosa now moves passage to third reading. Is there objection? Chair hears none, House Bill 3423 is passed to third reading. Senator Hinojosa, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR JUAN HINOJOSA: 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 nays the rule is suspended. The Chair lays out on third reading and final passage House Bill 3423. The secretary will read the caption.

PATSY SPAW: House Bill 3423 relating to certain criminal offenses committed in relation to a federal special investigators.

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

SENATOR JUAN HINOJOSA: I move final passage of House Bill 3423.

SENATOR KEVIN ELTIFE: Senator Hinojosa now moves final passage of House Bill 3423. 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 3423 is finally passed. Congratulations, Senator Hinojosa.

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

SENATOR KEVIN ELTIFE: Senator Nelson, you're recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 3819.

SENATOR JANE NELSON: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider Committee Substitute to House Bill 3819. This bill creates the municipal management district in the extra territorial jurisdiction of the town of Little Elm to facilitate the development to have a mixed used commercial and residential development project called Valencia on the Lake. The town of Little Elm supports this district in an effort to manage its growth and enhance its economic vitality. I move suspension.

SENATOR KEVIN ELTIFE: Senator Nelson moves suspension of the regular order of to business of to take up and consider Committee Substitute to House Bill 3819. Is there objection? Chair hears none, recall is suspended. The Chair lays out on second reading Committee Substitute House Bill 3819. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 3819 relating to creation of Valencia municipal management district No. 1.

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

SENATOR JANE NELSON: Mr. President, I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Nelson moves passage to third reading. Is there objection? Chair hears none, Committee Substitute House Bill 3819 is passed to third reading. Senator Nelson, you're recognized for a motion to suspend the constitutional three day rule.

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

SENATOR KEVIN ELTIFE: The secretary will call the roll.

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 is suspended. The Chair lays out on third reading final passage Committee Substitute House Bill 3819. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 3819 relating to creation of the Valencia municipal management district No. 1.

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

SENATOR JANE NELSON: Thank you so much Mr. President. Thank you, Senator Huffman. I move final passage of Committee Substitute to House Bill 3819.

SENATOR KEVIN ELTIFE: Senator Nelson along with Senator Huffman's approval moves final passage of Committee Substitute to House Bill 3819. 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 3819 is finally passed. Congratulations, Senator Nelson.

SENATOR JANE NELSON: Thank you so much, Mr. President, thank you members.

SENATOR KEVIN ELTIFE: Senator Huffman, you are recognized for a motion to suspend the regular order of business on House Bill 3821.

SENATOR JOAN HUFFMAN: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider House Bill 3821. House Bill 3821 pertains to the Bolivar Yacht basin water control and improvement district number 1 in Galveston county. It eliminates the confirmation deadline for a temporary directors of the district. And establishes provisions relating to temporary directors in the continued existence of the district. The extension allows developers to maintain the district while waiting for economic improvement to begin prior to starting development. Extension of the deadline for the Bolivar Yacht basin is particularly important to the lag and development on the Bolivar peninsula created by Hurricane Ike. I move suspension.

SENATOR KEVIN ELTIFE: Senator Huffman moves suspension of the regular order of business to take up and -- House Bill 3821. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 3821. The secretary will read the caption.

PATSY SPAW: House Bill 3821 relating to temporary directors and continuation spiesens on the Bolivar Yacht water and basin control improvement district No. 1.

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

SENATOR JOAN HUFFMAN: Thank you, Mr. President. I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Huffman moves passage to third reading. Is there objection? Chair hears none, House Bill 3821 is passed to third reading. Senator Huffman is recognized for a motion to suspend the constitutional three day rule.

SENATOR JOAN HUFFMAN: 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 the rule is suspended. The Chair lays out on third reading and final passage House Bill 3821. The secretary will read the caption.

PATSY SPAW: House Bill 3821 relating to continuing directors and continuation of Bolivar Yacht basin water control and improvement district No. 1.

SENATOR KEVIN ELTIFE: We need the sergeant at arms to come protect the president. Senator Huffman, you're recognized for a motion.

SENATOR JOAN HUFFMAN: I move final passage of House Bill 3821, Mr. President.

SENATOR KEVIN ELTIFE: Senator Huffman moves final passage of House Bill 3821. 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 3821 is finally passed.

SENATOR JOAN HUFFMAN: Thank you, Mr. President.

SENATOR STEVE OGDEN: Senator Deuell is recognized for a motion to suspend the regular order of business on House Bill 3859.

SENATOR BOB DEUELL: Thank you, Mr. President. I move to suspend the Senate's regular order of business so that we can take up and consider at this time House Bill 3859. It's a local bill that will create the club management district in Rockwall county, completely local and affects only my district. I would move suspension.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 3859. The secretary will read the caption.

PATSY SPAW: House Bill 3859 relating to creation of the club municipal management district No. 1.

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

PATSY SPAW: Floor amendment -- committee amendment No. 1.

SENATOR STEVE OGDEN: Senator Deuell, you're recognized on committee amendment No. 1.

SENATOR BOB DEUELL: Thank you, Mr. President. Members, we added in committee to include language that would specifically prohibit the district from constructing or operating toll roads. This language was needed to conform to the Senate IGR template. I move adoption of the amendment.

SENATOR STEVE OGDEN: Members, Senator Deuell moves adoption of committee amendment No. 1. Is there objection? Chair hears none, amendment is adopted. Senator Deuell, you're recognized on the motion.

SENATOR BOB DEUELL: I move passage to third reading.

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

SENATOR BOB DEUELL: 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: 31 ayes, zero nays constitutional three day rule is suspended. The Chair lay us out on third reading and final passage House Bill 3859. The secretary will read the caption.

PATSY SPAW: House bill 3859 relating to the creation of the club municipal management district No. 1.

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

SENATOR BOB DEUELL: Thank you, Mr. President and members. I move final passage of House Bill 3859 as amend.

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, zero nays the bill is finally passed. Thank you.

SENATOR BOB DEUELL: Thank you.

SENATOR STEVE OGDEN: Senator Hegar. Senator Zaffirini is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 2999.

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 2999 by Representative Tyron Lewis. It relates to a fixed tuition rate program for students who transfer to a state university after completing an associate degree program. Members, this is identical to my Senate Bill 1727 which we passed unanimously earlier but apparently these bills passed in the rotunda, and the House Bill was passed a few hours before so I'm continuing with this bill. Generally the bill would allow a general academic teaching institution to develop a fixed tuition rate program for qualified students (inaudible) to transfer to the institution after earning an associate degree at a lower division institution. Mr. President, I move suspension.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lay us to on second reading Committee Substitute to House Bill 2999. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 2999 relating to fixed tuition rate program for certain students.

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: 31 ayes, zero nays constitutional rule is suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 2999. The secretary will read the caption.

PATSY SPAW: Committee substitute House Bill 2999 relating to fixed tuition rate program for certain students.

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: : 31 ayes, zero nays the bill is finally passed. Thank you, Senator.

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

SENATOR STEVE OGDEN: Senator West is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 736.

SENATOR ROYCE WEST: Thank you very much, Mr. President and members. At this time I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 736. Mr. President and members, given increasing current students and parents with higher education affordability. This bill amendment to give families and prospective students information they need in order to make the most informed decisions as hay approach their postsecondary education. The bill will provide for additional information being added to online resumes of our colleges and universities to financial aid and other data are available to our students and families. The data that is already collected by the Texas Higher Education Authority so there won't be any cost. Amended in committee with language to ensure financial aid data and the online resume was consistent with current data provided by the US Department of Education and to delineate the financial aid provided was specific to undergraduate students and an amendment by Senator Duncan to link the identity of the financial aid college site navigator which was maintained by the U.S. Department of Education. 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 Committee Substitute House Bill seven 736. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 736 relating to required online information regarding public institutions of higher education.

SENATOR STEVE OGDEN: The following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Shapiro.

SENATOR STEVE OGDEN: Senator West is recognized on floor amendment No. 1.

SENATOR ROYCE WEST: And I think I want to make certain. Members, this amendment is part of the language to Senate Bill 1472 which was overwhelmingly passed to the Senate. The language that -- so the purpose is clear, the bill simply adds career schools to the online resume system we already have in place for our public schools in the state.

SENATOR STEVE OGDEN: Members, you have heard the explanation. Is there any objection to adopting floor amendment No. 1? Chair hears none, amendment is adopted. Senator West is recognized for a motion.

SENATOR ROYCE WEST: There's another amendment that's not quite ready yet that Senator Zaffirini had, so I'll pull the bill down for the next minutes for a time certain.

SENATOR STEVE OGDEN: Senator West moves to withdraw temporarily -- excuse me, Senator West moves to postpone temporarily further consideration of Committee Substitute to House Bill 736. Is there any objection to the temporary postponement? Chair hears none, so ordered. Chair recognizes Senator Ellis on House Bill 3823.

SENATOR RODNEY ELLIS: Thank you, Mr. President and members. HB3823 requires telecommunicators to do five things: One be a minimum of 18 years of age, have a high school diploma or GED, have passed a criminal background check and drug training. Four, complete a 40-hour basic training course without exceptions

(inaudible) agencies and No. 5, complete a 24-hour crisis communications course, an audit done by the TCLOS revealed that 22 law enforcement agencies across Texas have employed telecommunicators with criminal history. This bill was voted out of transportation committee in Senate transportation homeland committee unanimously. I move to suspend the Senate's regular order of business to take up and consider House Bill 3823.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 3823. The secretary will read the caption.

PATSY SPAW: House Bill 3823 relating to regulation of certain telecommunicators.

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

SENATOR RODNEY ELLIS: 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 Ellis is recognized for a motion to suspend the constitutional three day rule.

SENATOR RODNEY ELLIS: Mr. President, I move to suspend the constitutional rule that bills be read on three several dais.

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, zero nays the constitutional three day rule is suspended. The Chair lays out on third reading and final passage House Bill 3823. The secretary will read the caption.

PATSY SPAW: House Bill 3823 relating to the regulation of certain telecommunicators.

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

SENATOR RODNEY ELLIS: 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, zero nays the bill finally passed.

SENATOR RODNEY ELLIS: Thank you.

SENATOR STEVE OGDEN: Senator Harris is recognized for a motion to suspend the regular order of business on House Bill 1728.

SENATOR CHRIS HARRIS: Thank you, Mr. President. I move to suspend the regular order of business to take up and consider House Bill 1728. Members, this relates to energy performance contracts. I believe there's an amendment to it. I move suspension.

SENATOR STEVE OGDEN: : Senator Harris moves to suspend the regular order of business to take up and consider House Bill 1728. Is there objection? Chair hears none, rule is suspended. The Chair lays out on second reading House Bill 1728. The secretary will read the caption.

PATSY SPAW: House Bill 1728 relating to energy saving performance contract.

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

PATSY SPAW: Floor amendment No. 1 by Wentworth.

SENATOR STEVE OGDEN: : Chair recognizes Senator Wentworth on floor amendment No. 1.

SENATOR JEFF WENTWORTH: Thank you, Mr. President. This is a technical amendment that did not change the intent of the bill. It clarifies that language added on the House floor the not supersede all over law. It simply puts the added language in a nuisance so that the words notwithstanding other law apply only to the original language and not the language that was added on the House floor. I move adoption of floor amendment No. 1.

SENATOR STEVE OGDEN: Senator Harris is recognized on the amendment.

SENATOR CHRIS HARRIS: Amendment is acceptable, Mr. President.

SENATOR STEVE OGDEN: Senator Wentworth moves adoption of floor amendment No. 1. It's acceptable to the author. Is there objection? Chair hears none, amendment is adopted.

SENATOR JEFF WENTWORTH: Thank you, Mr. President.

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

SENATOR CHRIS HARRIS: Mr. President, I move that we pass to third reading.

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

SENATOR CHRIS HARRIS: 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, zero nays constitutional three day rule is suspended. The Chair lays out on third reading and final passage House Bill 1728. The secretary will read the caption.

PATSY SPAW: House Bill 1728 relating to energy savings performance contract.

SENATOR STEVE OGDEN: Senator Harris recognized for a motion.

SENATOR CHRIS HARRIS: Move final passage, 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, zero nays, the bill is finally passed. Thank you.

SENATOR CHRIS HARRIS: Thank you, Mr. President.

SENATOR STEVE OGDEN: Chair lays out as a matter of postponed business Committee Substitute to House Bill 736. The secretary will read the caption.

PATSY SPAW: Committee substitute to House Bill 736 relating to required online information regarding public institutions of higher education.

SENATOR STEVE OGDEN: Following amendment No. 2. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 2 by Zaffirini.

SENATOR STEVE OGDEN: Chair recognizes Senator Zaffirini on floor amendment No. 2.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President and thank you, Senator West, for your courtesy in giving us time to make copies of this amendment. Member, this is amendment is identical to my Committee Substitute for Senate Bill 1730 which the Senate passed unanimously and which would require the coordinating board to create an online comparison tool for academic general teaching institutions on the board's internet website. We passed the bill unanimously but it is stuck in the House's calendar so the governor's staff asked if we would try to amend it onto Senator West's bill. Mr. President, I move adoption.

SENATOR STEVE OGDEN: Senator West, you're recognized on floor amendment No. 2.

SENATOR ROYCE WEST: The amendment is acceptable.

SENATOR STEVE OGDEN: Senator Zaffirini moves adoption of floor amendment No. 2. It's acceptable to the author. Is there objection? Chair hears none, floor amendment No. 2 is adopted.

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

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

SENATOR ROYCE WEST: Move passage to third reading.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, Committee Substitute to House Bill 736 is passed to third reading. 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: 31 ayes, zero nays constitutional three day rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 736. The secretary will call the roll -- excuse me. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 736 relating to required online information regarding public institutions of higher education.

SENATOR STEVE OGDEN: Senator West recognized for a motion.

SENATOR ROYCE WEST: Thank you, Mr. President. Mr. President at this time I move final passage of Committee Substitute to House Bill 736.

SENATOR STEVE OGDEN: Now 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, zero nays the bill finally passed. Thank you. Senator Hegar is recognized for a motion to suspend the regular order of business on House Bill 2449.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. Under current law an authority conducting election fraud investigation must find at least 20 ballots in the hand of a voter harvesting at one time to be able to charge that person with a felony. Even if the voter harvester had 19 ballots per day, they may still only be charged with a class A misdemeanor unless they're found with 20 or more ballots or carrier envelopes at one time. House Bill 2449 would allow the investigating authority to consider the aggregate amount of ballots or carrier informals pursuant to one continuous course of conduct when pursuing criminal penalties and I would move to suspend the Senate's regular order of business to take up and consider House Bill 2449.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 2449. The secretary will read the caption.

PATSY SPAW: House Bill 2449 relating to the illegal possession of another person's ballot to be voted by mail.

SENATOR STEVE OGDEN: Senator Hegar -- following amendment. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 1 by Shapiro.

SENATOR ROYCE WEST: Senator Hegar is recognized on floor amendment No. 1.

SENATOR GLENN HEGAR: Thank you, Mr. President. This amendment is Senate Bill 997 by Shapiro that we passed out on local calendar earlier in the session. It's obviously dying a fate in the House. It seeks to prevent voter fraud by making an application for a ballot to be voted by mail unavailable by public inspection until the first day of the election date except to voters seeking to verify their own information. The amendment is acceptable, so I move adoption of floor amendment No. 1.

SENATOR STEVE OGDEN: Is there objection to the adoption of floor amendment No. 1? Char hears none, amendment is adopted. Senator Hegar is recognized for a motion.

SENATOR GLENN HEGAR: Thank you, Mr. President. I move passage to third reading.

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

SENATOR GLENN HEGAR: 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: 29 ayes and two nays, constitutional three day rule is suspended. The Chair lays out on third reading and final passage House Bill 2449. The secretary will read the caption.

PATSY SPAW: House Bill 2449 relating to the illegal possession of another person's ballot to be voted by mail.

SENATOR STEVE OGDEN: Senator Hinojosa, for what purpose to you rise?

SENATOR JUAN HINOJOSA: To ask Senator Hegar a question.

SENATOR GLENN HEGAR: Yes, sir, be glad to yield.

SENATOR JUAN HINOJOSA: I was reading the bill pretty quickly and I guess -- we're not -- are we talking about for example people that are trying to help people mailing ballots?

SENATOR GLENN HEGAR: I am sorry, are you talking about the bill or the amendment?

SENATOR JUAN HINOJOSA: The bill itself. I couldn't quite understand what the purpose was.

SENATOR GLENN HEGAR: Yes, sir. I mean, essentially right now under current law if an individual that a voter harvester, in other words they go out and collect the votes, the ballots and turn them in. If there's an ongoing investigation, unless that person is in the possession of 20 or more ballots or envelopes, they cannot -- it's only 20 or above that can be a class A misdemeanor. And so the question becomes what if the person has one every single day and in an ongoing investigation they have well over accumulated 20, yet unless you are caught with 20 in a given day nothing can be done. And so therefore this bill would allow an aggregation to be taken into account.

SENATOR JUAN HINOJOSA: Thank you for the explanation.

SENATOR GLENN HEGAR: Yes, sir. Thank you for the question.

SENATOR STEVE OGDEN: All right. Senator Hegar is recognized for a motion.

SENATOR GLENN HEGAR: Move final passage of House Bill 2449 as amended.

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: 28 ayes and three nays, the bill is finally passed. Thank you, Senator. Senator Williams. Senator West is recognized for a motion to suspend the regular order of business on House Bill 1244.

SENATOR ROYCE WEST: Thank you very much, Mr. President. 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 1244. Members, House Bill 1244 a companion bill to Senate Bill 1564 that we passed from this body on May 4th. That bill currently sits on the general state's calendars. I don't need to tell you anything more about that but both bills put many mechanisms concerning developmental education. I am going to submit amendment No. 1 which adds the difference between House Bill 1244 and Senate Bill 1564 as passed by this particular poddy. 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 1244. The secretary will read the caption.

PATSY SPAW: House Bill 1244 relating to developmental education courses and the assessment of student readiness.

SENATOR STEVE OGDEN: Following amendment. Secretary will read the amendment -- following committee amendment. Secretary will read the amendment.

PATSY SPAW: Committee amendment No. 1.

SENATOR STEVE OGDEN: Chair recognizes Senator West on committee amendment No. 1.

SENATOR ROYCE WEST: Member, this is floor amendment is basically the difference between House Bill 1244 and Senate Bill 1564 that we passed out of this body.

SENATOR STEVE OGDEN: What does it do?

SENATOR ROYCE WEST: Mr. Chairman, let me -- do you want the long version or the short version?

SENATOR STEVE OGDEN: Shorter one.

SENATOR ROYCE WEST: That's what I was trying to give you, the short version. These differences -- the differences between 1244 and the bill that the Senate passed unanimously a revision of sections 351.3062 of the Texas education code to make it explicit that the coordinating board has the authority to in-consultation of higher education institutions to develop and provide professional development programs based on student readiness programs and allowing faculty the chance to learn instruction methods which students needs can be met. Direct institutions to provide course based and noncourse based remediation options when developing an individualized study die plan for the students. Enough information?

SENATOR STEVE OGDEN: That's the shorter version?

SENATOR ROYCE WEST: That is, I could give you a shorter version.

SENATOR STEVE OGDEN: Senator West moves adoption of committee amendment No. 1. Is there any objection? Chair hears none, the amendment adopted. Following amendment. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by West.

SENATOR STEVE OGDEN: Chair recognizes Senator West on floor amendment No. 1.

SENATOR ROYCE WEST: Mr. President, I made a mistake. The mistake was I gave you this floor amendment, the rendition I just gave you is what the floor amendment does. It was not what the committee amendment did.

SENATOR STEVE OGDEN: All right.

SENATOR ROYCE WEST: What the committee amendment does is this, the governing body of the institution of higher education may exempt from payment of tuition authorized by this chapter students who is participating in an approved nonsemester length development education intervention course. That's what the committee amendment did.

SENATOR STEVE OGDEN: All right. Members, we have adopted committee amendment No. 1. Senator West just explained committee amendment number 1. I assume there are no questions. Now, the thing before us is floor amendment No. 1. Senator West, you're recognized on floor amendment No. 1.

SENATOR ROYCE WEST: Mr. President, I move adoption of floor amendment No. 1.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, floor amendment No. 1 is adopted. Senator Huffman, did you have a question?

SENATOR JOAN HUFFMAN: Yes.

SENATOR STEVE OGDEN: On floor amendment No. 1?

SENATOR JOAN HUFFMAN: Yes.

SENATOR STEVE OGDEN: You're recognized for a question.

SENATOR JOAN HUFFMAN: Senator West, I'm looking here at your floor amendment. This -- was this a bill that was presented to the higher education committee?

SENATOR ROYCE WEST: Yes.

SENATOR JOAN HUFFMAN: And what happened to it in committee?

SENATOR ROYCE WEST: It was passed by the Senate. This bill was passed by the Senate and currently it sits on the state calendar.

SENATOR JOAN HUFFMAN: Okay. So it passed out of higher Ed?

SENATOR ROYCE WEST: It did.

SENATOR JOAN HUFFMAN: I couldn't hear you with all the activity.

SENATOR ROYCE WEST: This is something that has passed the Senate.

SENATOR JOAN HUFFMAN: Thank you, Senator West.

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

SENATOR ROYCE WEST: Mr. President, I move passage of House Bill 1244 to third reading.

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

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: 31 ayes, zero nays the constitutional rule is suspended. The Chair lays out on third reading and final passage House Bill 1244. The secretary will read the caption.

PATSY SPAW: House Bill 1244 relating to developmental educational courses and the assessment of student readiness.

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

SENATOR ROYCE WEST: Mr. President, I move final passage of House Bill 1244.

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, zero nays, the bill finally passed. Thank you, Senator. Senator Lucio is recognized for a motion to suspend the regular order of business on House Bill 1043.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. I'd like to move to suspend the Senate's regular order of business and all necessary rules to take up and consider House Bill 1043. Members, House Bill 1043 would close a loophole in the current law by including anyone involved in the act of cock fighting while excluding individuals who participate in poultry shows where the rooster to be judged by its physical appearance. It will make it a class A misdemeanor to participate in the earnings of a facility where cockfights are held by targeting property owners and event host who lease land for cock fights. It will also make it a class A misdemeanor to market, buy or sale equipment used in the event of a fight or derby or exclusive roosters with the exclusive intent of having them fight. The Committee Substitute amends the crime of cock fighting to make it a class A misdemeanor to own or possess fighting equipments that used in a cock fight. It does how far protect those who collect such items as a hobby. What the bill does not do, it does not prevent game fowl breeders from continuing the bloodlines of the roosters. There is language in the bill to protect those who breed for show purposes. It is not the intent of this legislation to make the breeding game fowl illegal. I will be accepting an amendment from Senator Hegar that does a couple of things that I think will be to the satisfaction of the members. I move suspension of the rules at this time.

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

SENATOR JUAN HINOJOSA: To ask Senator Lucio a question if I may.

SENATOR STEVE OGDEN: You're recognized.

SENATOR EDDIE LUCIO: I yield.

SENATOR JUAN HINOJOSA: Senator, what I think -- I recall a while back when I first was Chair in the committee criminal jurisprudence and I had a bill similar to this before the committee. What other problems are outlined with the bill itself?

SENATOR EDDIE LUCIO: You want to say that again? I am having a hard time hearing you.

SENATOR JUAN HINOJOSA: I said what type of penalties are in the bill itself.

SENATOR EDDIE LUCIO: We're going to -- we're going to remedy the facility language. Senator Hegar has an amendment that's going to remove that from the bill.

SENATOR JUAN HINOJOSA: And did he have a penalty for being a persons that present at the cock fight?

SENATOR EDDIE LUCIO: It's going to move it from a class A to a class C misdemeanor.

SENATOR JUAN HINOJOSA: And that's the only penalty reviewed in the bill itself?

SENATOR EDDIE LUCIO: Hegar's amendment I think if you're going to -- if you haven't seen it yet you're going to like because it lessens the penalty but it still makes the cock fighting illegal and attending a cock fight illegal.

SENATOR JUAN HINOJOSA: Because I remember a while back -- matter of fact the first time you got caught in violation of the law you were charged with I think a class C and the second time around you were charged with a class B and I was just wondering if we had the same type of scheme, I guess you do not.

SENATOR EDDIE LUCIO: It's always the same on that.

SENATOR JUAN HINOJOSA: Okay, thank you.

SENATOR EDDIE LUCIO: Yes, sir.

SENATOR STEVE OGDEN: Senator Harris.

SENATOR CHRIS HARRIS: Will the Senator yield?

SENATOR EDDIE LUCIO: I yield.

SENATOR CHRIS HARRIS: Senator Lucio, when you and I discussed this earlier, there was a mention that the landowner had to have actual knowledge that the people were cock fighting or going to use the property for cock fighting, I did not hear that in the explanation.

SENATOR EDDIE LUCIO: Absolutely right, absolutely right what you just stated.

SENATOR CHRIS HARRIS: Okay. So the landowner has to have actual knowledge before he can be charged of the offense.

SENATOR EDDIE LUCIO: Absolutely. Absolutely.

SENATOR CHRIS HARRIS: Thank you, sir.

SENATOR STEVE OGDEN: : Senator Jackson.

SENATOR MIKE JACKSON: Will the gentleman yield?

SENATOR EDDIE LUCIO: I yield.

SENATOR MIKE JACKSON: Senator Lucio, I am trying to understand the purpose of your bill. Cock fighting is illegal but owning a place where this particular event take place is not, attending is not -- transporting roosters is not, so what is your bill seeking to do?

SENATOR EDDIE LUCIO: What my bill does, Senator, it makes it well -- and we're going to have a -- we're going to have an amendment by Senator Hegar but the bill that's on the floor right now makes it a class A misdemeanor to participate in the earnings of a facility where cock fights are held by targeting property owners and event host who leases land for cock fights. We're trying to obviously make sure that anyone involved in that, the activity as such will obviously be penalized. It will also make it a class A misdemeanor to market, buy or sale equipment used in the event attend a fight. Just being in attendance of a fight or possess roosters with the exclusive intent of having them fight. If you have roosters in your possession and the intent is for you to engage them in cock fighting, then you're going to obviously be guilty of this crime. It also amends the crime of cock fighting to make it a class A misdemeanor to own or possess fighting equipment that's used for cock fighting. If that's the intent of you having them, it did not however -- it does however -- excuse me, it does however protect those who collect such items as a hobby. If those items, for example, are in your possession I have two of them in my possession and obviously it's just collectors items as only when they play -- the spurs that are placed on the roosters for fighting. But also I want to make sure that I make myself clear. This bill does not prevent game fowl breeders from continuing the bloodlines of the rosters. There is language in the bill to protect those who breed for show purposes. It is not the intent of this legislation to make the breeding game fowl illegal in any way for that purpose.

SENATOR MIKE JACKSON: Okay. What are bridles, caps es and slashes?

SENATOR EDDIE LUCIO: Sir?

SENATOR MIKE JACKSON: What are bridles, caps and slashes?

SENATOR EDDIE LUCIO: It's placed over the foot of the rooster. The bottom part of the rooster's foot.

SENATOR MIKE JACKSON: So it would --

SENATOR EDDIE LUCIO: I wish I would have brought it to show you.

SENATOR MIKE JACKSON: So in your legislation it's against the law to have that; is that right.

SENATOR EDDIE LUCIO: Only if you're going to be using them for cock fighting, not if you have them in your position and obviously with no intent of using them for cock fighting, it's not a crime.

SENATOR MIKE JACKSON: Okay. I just -- looking at this from the outside looking in, it looks like it would be awful difficult for someone to come up with what they think you're thinking and if you're thinking it may be okay, but if you're thinking another way then it's going to be illegal don't you think that would be a little difficult to ascertain by whoever's going to be enforcing this?

SENATOR EDDIE LUCIO: Well, the law enforcement officer should hopefully use good judgment and that's what we're hoping for.

SENATOR MIKE JACKSON: Okay. But then you don't want any of this to be taking place, this activity but it's okay to breed more to fight somewhere else?

SENATOR EDDIE LUCIO: No, no. That's not what I said, it's okay to breed them if they're going to be for show and presenting them in fowl shows but not for breeding for the use of cock fighting.

SENATOR MIKE JACKSON: How is the police officer going to know if you're breeding them for show or breeding them to sell maybe --

SENATOR EDDIE LUCIO: Most of them that came to committee during our hearings, you know, made it very clear to us that they were and actually they're in Violation with their testimony because they made it clear that they were raising them for cock fighting and --

SENATOR MIKE JACKSON: Did you send the authorities after them?

SENATOR EDDIE LUCIO: No. No, I didn't.

SENATOR MIKE JACKSON: Okay. Senator, thank you.

SENATOR EDDIE LUCIO: Thank you. Here you are. Senator Jackson. Move suspension, Mr. President.

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

SENATOR EDDIE LUCIO: I move suspension of the rules, Mr. President.

SENATOR STEVE OGDEN: All right. Senator Lucio moves suspension of the regular order of business to take up and consider House Bill 1043. There is objection. 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: : 27 ayes and four nays, the rule is suspended. The Chair lays out on second reading House Bill 1043. The secretary will read the caption.

PATSY SPAW: House Bill 1043 relating to creating an offense for engaging in certain conduct relating to cock fighting.

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

PATSY SPAW: Floor amount No. 1 by Hegar.

SENATOR STEVE OGDEN: Senator Hegar, you're recognized on floor amendment No. 1.

SENATOR GLENN HEGAR: Thank you, Mr. President and members. In part one and two of the amendment would specify that causing a bird to fight with one another or participate in earning -- earnings of a fight are punishable by a state jail felony, whereby part three of the amendment would recognize that permitting the use of any property of a fight or manufacturing or possessing any associated paraphernalia are lesser offenses and would provide for a class A misdemeanor (inaudible) not a state jail felony as known as currently in the bill and then third as written the bill calls for a class C misdemeanor for any spectator, and part four of the amendment would prevent -- would provide an exception for a spectator of age 15 and younger. Therefore individuals who are brought to the scenes by their parents.

SENATOR STEVE OGDEN: Senator Lucio.

SENATOR EDDIE LUCIO: It's acceptable, Mr. President.

SENATOR STEVE OGDEN: All right. Senator ter Hegar moves adoption of floor amendment No. 1. It's acceptable to the author. Is there objection? Chair hears none, floor amendment number one is adopted. Senator Lucio, you're recognized for a motion.

SENATOR EDDIE LUCIO: I'd like to move to third reading, 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: 27 ayes and four nays, the bill passed to third reading. Senator Lucio recognized for a motion to suspend the constitutional three day rue.

SENATOR EDDIE LUCIO: 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: Being 27 ayes and four nays, the constitutional three day rule is suspended. The Chair lays out on third reading and final passage House Bill 1043. The secretary will read the caption.

PATSY SPAW: House Bill 043 relating to creating an offense relating to engaging in cock fighting.

SENATOR STEVE OGDEN: : Senator Lucio recognized for a motion.

SENATOR EDDIE LUCIO: Mr. President and members, the sun is up, the roosters are crowing and it's time to go noodling so I move final passage at this time for this bill.

SENATOR STEVE OGDEN: Senator Lucio moves final passage of House Bill 1043. 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 26 ayes and five nays, the bill finally passed.

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

SENATOR STEVE OGDEN: The Chair lays out on third reading and final passage Committee Substitute to House Bill 3595. Excuse me, Senator Carona, I think we -- we need to suspend the regular order of business to take this up. Senator Carona is recognized for a motion to suspend the regular order of business on Committee Substitute to House Bill 3595.

SENATOR JOHN CARONA: So moved, Mr. President.

SENATOR STEVE OGDEN: Is there objection? Chair hears none, the rule is suspended. The Chair now lays out on third reading and final passage Committee Substitute to House Bill 3595. The secretary will read the caption.

PATSY SPAW: Committee substitute to House Bill 3595 relating to energy efficient goals and energy efficiency.

SENATOR STEVE OGDEN: Senator Fraser.

SENATOR TROY FRASER: I'm sorry, I was making sure you knew there was an amendment.

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

PATSY SPAW: Floor amendment No. 1 by Carona.

SENATOR STEVE OGDEN: Senator Carona is recognized on floor amendment No. 1.

SENATOR JOHN CARONA: Thank you, Mr. President. This amendment adds language to remove the obstacles to the deployment of properly sized distributed renewal energy equipment that are caused by current law limitations on the ownership of distributed renewable generation on the retail electric customer side of the meter. The amendment also makes clear that owners of distributable renewable energy will not be subject to laws designed for companies in the business of selling electric power. That language was refined by multiple stakeholders and it represents an agreement which would have included in Senate Bill 981 in the House but has fallen behind on the House calendar. Senate Bill 981 did pass the calendar or did pass this chamber on our local calendar. So I move adoption.

SENATOR STEVE OGDEN: Senator Carona moves adoption of floor amendment No. 1. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Following amendment. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 2 by Lucio.

SENATOR STEVE OGDEN: Senator Lucio, you're recognized on your amendment.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. This amendment contains the language of Senate Bill 1219 by Senator Carona. It is a great bill that directs PUC to design the power to choose website so that it's more accessible, easier to use and contains more useable information beyond price offers for consumers. Senate Bill 129 was passed out of this Senate with a vote of 31 to zero. Unfortunately like our school finance legislation this bill was a casualty of a House point of order last night. I'd like to give the bill another chance with this amendment. I believe the amendment may be acceptable to the author. Move adoption.

SENATOR STEVE OGDEN: Senator Carona is recognized.

SENATOR JOHN CARONA: Yes, it's acceptable.

SENATOR STEVE OGDEN: Senator Lucio moves adoption of floor amendment number two. It's acceptable to the author. Is there objection? Chair hears none, floor amendment No. two adopted.

SENATOR EDDIE LUCIO: Thank you very much.

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

PATSY SPAW: Floor amendment No. 3 by Fraser.

SENATOR STEVE OGDEN: Chair recognizes Senator Fraser on floor amendment number three.

SENATOR TROY FRASER: Members, this amendment is a bill that you have seen before. This established the -- a statewide energy planning process. It was passed out of the Senate. I think the vote was to three and it went over to the House and has not been acted on there. The -- there's two amendments in this that were controversial, one had to do with ERCOT protocols that had been removed and we also removed the amendment that had been added on the floor related to distributive natural gas. I would now move adoption of amendment No. 3.

SENATOR STEVE OGDEN: Senator Carona is recognized on floor amendment No. 3.

SENATOR JOHN CARONA: Good amendment, Mr. President. It's acceptable.

SENATOR STEVE OGDEN: Senator Fraser moves adoption of floor amendment No. 3. It is acceptable to the author. Is there objection? Chair hears none, amendment is adopted. Senator Carona is recognized for a motion.

SENATOR JOHN CARONA: 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: There being 25 ayes and six nays, the bill finally passed.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Whitmire moves to excuse Senator Ogden on the matters of important business. Is there any objection? Chair hears no objection. So ordered. Chair recognizes Senator Zaffirini for a motion to suspend the Senate's regular order of business to take up and consider House Bill 3145.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. 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 3145 relating to the regulation of chemical dependency counselors. Members, this is a bill that authorizes the Department of State Health Services to use the surcharge of not more than $10 of the license or license renewal fee for the chemical dependency license to fund approved peer systems programs. It continues to require that a person pass a written but not an oral exam to be eligible for a chemical dependency counseling license and for chemical dependency, it only modifies criminal history qualifications to reduce the maximum waiting period from five years to three years. Mr. President, I move suspension.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Zaffirini. Is there objection from any members? Chair hears no objection from any members and the rule is suspended. The Chair lays out on second reading House Bill 3145. The secretary will read the caption.

PATSY SPAW: House Bill 3145 relating to regulation of chemical dependency counselors.

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

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

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Zaffirini. Is there objection from any members? The Chair hears no objection and House Bill 3145 passes to third reading. The Chair recognizes Senator Zaffirini for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. So moved.

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

REPRESENTATIVE DAVID DEWHURST: There being 28 ayes and two nay, the rule is suspended. The Chair lays out on third reading and final passage House Bill 3145. The secretary will read the caption.

PATSY SPAW: House Bill 3145 relating to regulation of chemical dependency counselors.

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

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

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

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and three nays, the -- House Bill 3145 finally passed.

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

LT. GOVERNOR DAVID DEWHURST: 2466. Chair recognizes Senator Carona for a motion to suspend the Senate's regular order of business to take up and consider House Bill 2466.

SENATOR JOHN CARONA: Thank you, Mr. President and members. Back in 2009 the legislature passed legislation relating to the driver education and driver's license requirements for our younger drivers. Since then it's become evident that there's a need for clarification relating to prohibition of using a wireless communication device by certain motor vehicle operators and to revise by a school or law enforcement officer or students parents or legal guardian can report a student's truancy to the Department of Public Safety for revocation of a license. What this bill does is clarify this a person under the age of 18 cannot use a wireless communication device while driving unless it's an emergency. The bill would repeal the requirement that DPS and Texas Education Agency enter into a memorandum of understanding to allow DPS to access student enrollment records in order to comply with federal privacy laws and that there was previously language in there relative to revocation, but that language I understand is going to be removed with a forthcoming amendment and. Finally the bill would allow a student to present documentation to DPS to verify his or her school attendance in order to prevent the revocation of a license within 30 days after the day of the driver's license suspension notice. In the case of absence due to sickness the student can present evidence that the student was, in fact, sick at a hearing to do so. With that, Mr. President, I move to suspend the Senate's regular order of business.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Carona. Members, you heard the motion by Senator Carona. Is there objection from any members in the Chair hears no objection from any members and House Bill 2466, the rule is suspended. The Chair lays out on second reading House Bill 2466. The secretary will read the caption.

PATSY SPAW: House Bill 2466 relating to the licensing and operation of motor vehicles by minors.

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

PATSY SPAW: Floor amendment No. 1 by Hegar.

LT. GOVERNOR DAVID DEWHURST: Senator Hegar -- Senator Hegar could you explain floor amendment No. one? Floor amount No. one which is an amendment to 2466?

SENATOR GLENN HEGAR: Yes yes, Mr. President and members. The bill calls for revocation or suspension of a minor's driver's license if the parent of a minor notifies DPS of ten days or more consecutive days in the administrator. Any number of scenarios is imaginable but one that comes to mind if a student misses school, as a parent, I think there's a lot of potential situations where there could be some problems with that section of the bill and so this amendment would simply strike section four of the bill to eliminate the revocation provision of a driver's license for a minor for truancy.

LT. GOVERNOR DAVID DEWHURST: The Chair recognize s Senator Carona on floor amendment No. 1.

SENATOR JOHN CARONA: The amendment is acceptable.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Hegar --

SENATOR JOHN WHITMIRE: Mr. President.

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

SENATOR JOHN WHITMIRE: I thought Hegar was leaving the floor and I was going to ask him a question. Whoever has the floor do they yield?

LT. GOVERNOR DAVID DEWHURST: All right, Senator Hegar.

SENATOR GLENN HEGAR: I'll be glad to yield. Yes, sir.

SENATOR JOHN WHITMIRE: Let me see if I understand where we are, Hegar just put out an amendment that took out the truancy language which would lead to a suspension of a driver's license for --

SENATOR JOHN CARONA: Yes, sir. The intent of the amendment among other things was to take out language that you were in objection to.

SENATOR JOHN WHITMIRE: Which would have led to ten days truancy, you shall lose your driver's license, etc. So that's taken care of so. Now, essentially what your bill did is what, prevents teenage drivers from using --

SENATOR JOHN CARONA: It does a couple of primary things. Well, it does three things left after that amendment. It clarifies that a person under the age of 18 cannot use a wireless communication device while driving unless it's an emergency. It repeals the requirement that the DPS and Texas Education Agency agency enter into an actual memorandum of understanding so the DPS can access student enrollment records. There was a privacy issue, federal privacy issue in the present bill allows the student to present documentation to DPS to verify his or her school attendance relative to any other situation that might pertain relative in the statute. Just makes sure the student has an opportunity to be heard.

SENATOR JOHN WHITMIRE: Are you familiar with what currently DPS does in relationship to truancy and license?

SENATOR JOHN CARONA: Well, I know they're able to have -- through this memorandum of understanding they're able to have access. But I don't know, Senator, the area of truancy is one of your areas of expertise I don't know that I would know the specifics.

SENATOR JOHN WHITMIRE: Well, obviously Hegar amendment really improves it, but you know I feel strongly about the unintended consequences of truancy being a matter for the DPS and the right to drive a car. And I understand we want to take truancy very seriously. Currently you get a ticket the student and the parents, if you miss school, but the unintended consequences to a driving policy related to a student missing school because he or he needs to work or sick or having emotional, drug related etc. problems. So I really would like to clarify, John, that last component that --

SENATOR JOHN CARONA: My understanding, Senator, is that with the Hegar amendment all we've done is return to current law as it deals with the issue of truancy now. Current law maybe you'd like to change as well but I don't know.

SENATOR JOHN WHITMIRE: Yeah, I'll be honest with you I haven't run across that with working with truancy that would impact your right to operate an automobile with a certified license.

SENATOR JOHN CARONA: Well, my understanding is that --

SENATOR JOHN WHITMIRE: Just that last bit, you might read that -- I apologize, I just learned of the bill a little a short while ago. That last component you just said they can enter into an agreement with the DPS, I hope we're not authorizing DPS to start intervening in truancy and using that as leverage on whether they give a license or not because a young person's not going to school because the problem is you know if someone is missing school, then they decide they want to go back to school after getting their attention, they might very well need their automobile, certainly in a rural setting to get to and from school. So I don't know what that understanding of agreement is with the DPS.

SENATOR JOHN CARONA: Let me suggest this, since I know Chairman Phillips has spoken with you on this bill and certainly Senator Hegar and I spoke with you on this bill. Let's ask the president if we can set this bill aside for perhaps an hour or since we are in the midst of it and then I'll get Chairman Phillips over here to assure you of what the bill does --

SENATOR JOHN WHITMIRE: I appreciate that because you have been very helpful in addressing the Hegar amendment and I just got some concern at that last element still might allow the DPS to tamper with someone's driver's license and as you know we're all committed to deal firmly with truancy. But it's very possible that someone is truant for some unfortunate reasons and they might still need their automobile to support their family or siblings or others. So I think your suggestions to pull this down for an hour or two and research that would be very beneficial.

SENATOR JOHN CARONA: No, I am glad to do it. And let's see if we can get Chairman Phillips back over here to further explain what he's trying to accomplish.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Carona moves to temporarily postpone consideration of House Bill 2466 until time certain. Say an hour and a half from, now.

SENATOR JOHN CARONA: Oh, that's plenty, yes, sir.

LT. GOVERNOR DAVID DEWHURST: Just temporarily, I won't set a time. Thank you, Senator Carona.

SENATOR JOHN CARONA: Thank you.

LT. GOVERNOR DAVID DEWHURST: Is there objection from any members? The Chair hears none, to ordered. Chair recognizes Senator Rodriguez for a motion to suspend the Senate's regular order of business to take up and consider House Bill 2472.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members, House Bill 2472 amends the current law relating to reporting of certain warrant or capias information to the National Crime and Information Center. This bill passed the House unanimously on the local and consent calendar. The 81st legislature passed this bill which requires that all warrants passed on account of a defendant's failure to appear to court be entered into the National Crime Information Center. The statute requires all misdemeanors as well as felonies to be entered into NCIC although persons are not extradited from other states on misdemeanors. When it came before the criminal justice committee Senator Uresti worked closely with officials in El Paso to pass this bill. However in the nearly two years since the legislation was passed, we have found the requirement for entering misdemeanors into the NCIC was not feasible and the sun chair's office are not even aware of new law. House Bill 2472 amends article 2.195 of the code of criminal procedures to make the entry of misdemeanors into the National Criminal Registry discretionary instead of mandatory. The enter of all felonies will remain mandatory. 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 2472.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Rodriguez. Members, you've heard the motion by Senator Rodriguez. Is there objection from any members? The Chair hears no objection from any members and the rule is suspended. The Chair lays ut on second reading House Bill 2472. The secretary will read the caption.

PATSY SPAW: House Bill 2472 relating to the reporting of certain warrant or capias information to the National Crime Information Registry.

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

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

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Rodriguez. Is there objection from any members? The Chair hears no objection from any members, the bill 2472 passes to third reading. The Chair recognizes Senator Rodriguez for a motion to suspend the constitutional rule that bills be read on three several days.

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

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

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and one nay, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2472. The secretary will read the caption.

PATSY SPAW: House Bill 2472 relating to the reporting of certain warrant or capias information to the National Crime Information Center.

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

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

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

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, House Bill 2472 is finally passed. Congratulations.

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

LT. GOVERNOR DAVID DEWHURST: Senator Lucio 213. Chair recognizes Senator Lucio for a motion to suspend the Senate's regular railroad of business to take up consider Committee Substitute to House Bill 213.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. I'd like to u to suspend the Senate's regular order of business to take up and consider at this time the Committee Substitute for House Bill 213. Members, currently mortgage lenders in Texas are not required to provide any kind of accounting to borrowers if the lender did not meet the threshold to be a federally regulated lender. The Committee Substitute for House Bill 213 addresses abusive loan practices, servicing practices by nonfederally related mortgage loans. The substitute to House Bill 213 which passed out of the business and commerce committee eight to zero incorporates language from Senate Bill 1319 which overwhelmingly passed the Senate. However the new Committee Substitute includes two minor changes to Senate Bill 1319 that addresses concerns of stakeholder group. First, members, it has come to our attention that there habe a handful of state chartered credit unions that may make nonfederally related mortgage loans. Right now these entities are regulated by the credit union department, thus these credit unions are excluded from the application of this bill since they should not be regulated by both the credit union department and the finance commission. Secondly in order to address a concern compressed in the House committee, this substitute would require lenders to provide receipts of payments only upon request of the borrower. Otherwise the substitute is identical to the engrossed version of Senate Bill 1319 that the Senate passed 30 to one. At this time Mr. President, I'd like to move suspension of the rules.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you have heard the motion by Senator Lucio. Is there objection from any members? The Chair hears no objection from any members, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 213. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 213 relating to certain loans secured by a lien on residential real property.

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

PATSY SPAW: Floor amendment No. 1 by Senator Lucio.

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

SENATOR EDDIE LUCIO: Thank you, Mr. President. Members the amendment was brought to us by the governor's office. Their thought is that empowering the attorney general's office to go after the bad actors may be effective. Does the amendment strike the exemplary damages under the bill would allowing the attorney general to bring action on behalf of the state. I move adoption of the amendment Mr. President.

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

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

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Lucio Is there objection from any members? The Chair hears no objection from any members, and Committee Substitute to House Bill 213 as amended passes to third reading. Chair recognizes Senator Lucio for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR EDDIE LUCIO: So moved, Mr. President.

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

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 213 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 213 relating to certain loans secured by a lien on residential real property.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Lucio r a motion.

SENATOR EDDIE LUCIO: Mr. President and members, I'd like to move final passage of Committee Substitute to House Bill 213.

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

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, Committee Substitute to House Bill 213 as amended is finally passed.

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

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Harris for a motion to suspend the Senate's regular order of business to take up and consider House Bill 3833.

SENATOR CHRIS HARRIS: Thank you, Mr. President. Members, I move to suspend the regular order of business to take up and consider House Bill 3833 at this time. This bill relating to the uniform collaborative Family Law Act. I move suspension.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Harris. Is there objection from any members? The Chair hears no objection from any members, and the rule is suspended. The Chair lays out on second reading House Bill 3833. The secretary will read the caption.

PATSY SPAW: House Bill 3833 relating to the adoption of uniform collaborative law act in regard to family law matters.

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

SENATOR CHRIS HARRIS: Thank you, Mr. President. I move final third reading.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you hard the motion by Senator Harris. Is there objection from any members? The Chair hears no objection from any members, and House Bill 3833 passings to third reading. Chair recognizes Senator Harris for a motion to suspend the to constitutional rule that bills be read on three several days.

SENATOR CHRIS HARRIS: So moved.

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

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 3833. The secretary will read the caption.

PATSY SPAW: House Bill 383 relating to the adoption of uniform collaborative law act in regard to family law matters.

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

SENATOR CHRIS HARRIS: Move final passage.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Harris. Members, you hard the motion by Senator Harris. The secretary will call the roll move.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, House Bill 3833 is finally passed.

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

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Shapiro far a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 6.

SENATOR FLORENCE SHAPIRO: Thank you very much, Mr. President and members. I move to suspend the Senate's regular order of business to take up and consider committee at this time to House Bill 6 at this time. Members, House Bill 6 is the companion to Senate Bill 6 which we unanimously voted out of the Senate on April the 7th. This bill relates to the establishment of the instructional materials allotment that deals with the adoption, the review and the purchase of instructional materials and technological equipment for public schools. In the education committee we instituted House Bill 6 with the Senate engrossed version of our bill Senate Bill 6 and we believe that we will move the Senate version through the process as it represents our priorities. I have been told there are many amendments and I am happy to answer any questions. I think this is a new and creative way for us to deliver instructional materials to our students. I also believe that since we have removed the technology allotment out of the budget, which is the vehicle with which we can put maximum flexibility while still ensuring that our students are receiving the materials that they need. The allotment will also allow districts to make strategic investments in how they wish to deliver materials. This Committee Substitute in the buy general UPL of 1213 takes 40 percent of the PSF distribution rate which is $752 million which is what we put in the budget and in the next year in 12-13 or the next biennium it will actually be 50 percent of the PFS distribution rate or $950 million and it was stay at percent from that day forward. I move suspension of the Senate's regular order of business at this time, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Shapiro. Senator Rodriguez for what purpose do you rise?

SENATOR JOSE RODRIGUEZ: To ask the author some questions.

LT. GOVERNOR DAVID DEWHURST: Will Senator Shapiro yield?

SENATOR FLORENCE SHAPIRO: I certainly will.

SENATOR JOSE RODRIGUEZ: Senator Shapiro first of all I want to thank you for all the work you have done in the educational arena this session and certainly in this area as well in trying to get adequate funding for instructional materials. I know you have been a champion for the school children of Texas in trying to get them the tools they need to be successful. I just want to ask you a few questions for legislative intent and also to --

SENATOR FLORENCE SHAPIRO: Happy to.

SENATOR JOSE RODRIGUEZ: To also clarify some matters. First the Senate Bill version of House Bill one has some ESL materials, English as a second language.

SENATOR FLORENCE SHAPIRO: Yes.

SENATOR JOSE RODRIGUEZ: And the Amount for the new materials is approximately 389 million. TEA testified that's enough funding for both the English language arts and English as a second language materials that were part of the proclamation in 2011 and are due to classrooms this fall; is that correct.

SENATOR FLORENCE SHAPIRO: That's correct.

SENATOR JOSE RODRIGUEZ: My understanding is that we have for English is a second language materials for grades s K through 8 a cost at about million?

SENATOR FLORENCE SHAPIRO: I don't know the exact number. I'm sorry, Senator.

SENATOR JOSE RODRIGUEZ: Okay. And English language arts material cost about 312 million.

SENATOR FLORENCE SHAPIRO: That's correct.

SENATOR JOSE RODRIGUEZ: Is that correct?

SENATOR FLORENCE SHAPIRO: Yes.

SENATOR JOSE RODRIGUEZ: Okay. Secondly the English as a second language materials are essential to meeting college readiness standards in passing both the STAR and end of course exams. People have been worried about that as you know. The Senate Bill House Bill 6 language in section 31.0211D1 requires districts to purchase materials that help students achieve readiness on STAR and EOC test. Would you agree that the English as a second language materials are essential to achieve these important goals?

SENATOR FLORENCE SHAPIRO: I would suggest to you that same thing we do in our instructional materials as we go through this process is going to be important. I certainly understand the ESL and their goals needs that they have. There will be money in the budget for those needs. They just won't be the books that are the priority list but every school district is capable once the EOC and STAR programs have been fulfilled, every school district is responsible for getting those books to their students that are ESL driven.

SENATOR JOSE RODRIGUEZ: All right. Thank you. Now, to improve the English law in our state curriculum and annual TADPS proficiency test, now Taylor districts according to English proficiency levels, in other words, customized education to meet the kids where they are and get them to where they need to be. A student can be conversational in English but if the student can't comprehend in the abstract, the language he sees on a test is more likely to fail it. For a student who didn't completely comprehend the language or instruction on a state exam, as you know frustration can overtake their perseverance in the testing for an elementary teacher having effective ESL programs will be like having a good Swiss army knife, right? She can pull out different strategies, different instructions for the widely varying skill levels that she finds in her classroom. If something doesn't work she can pull out another strategy. New programs provide a better array of effective tools. Once students learn vocabulary and comprehend what they read, they will learning academic content more readily in math, science and other subjects. This will be all the more critical with the rising rigor of new state exams. Do you agree students must fully comprehend English to meet these higher expectations?

SENATOR FLORENCE SHAPIRO: Absolutely.

SENATOR JOSE RODRIGUEZ: Finally, these English as a second language materials are integral to stemming the state's growing tide of dropouts, failing a state exam because a student doesn't fully comprehend the language of instruction and examination can have dire consequences on students and our state's economy. The demographics speak for themselves. More than one in six Texas students are among the rapidly growing kids who are struggling to learn English. In 1999 to 2000 there were 498,000 limited English proficient students. That's 12 and a half percent of 3.9 million, almost 4 million. Ten years later there were 815,698 or percent of almost 5 million. And the new census data confirms this trend. This growth is coupled with eye popping statistics on state exams and risks of dropping out. This underscores the critical need for the legislature to give the teachers and students the tools they need to successfully educate students in school. If we expect Texas to have a skilled work force in the future and attract and retain good jobs in our state, it is imperative that we educate our growing population of students who can't speak English. I would like my comments to be entered into the record and thank you, Senator Shapiro, for this great legislation.

SENATOR FLORENCE SHAPIRO: Thank you so much. I appreciate your comments.

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

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Rodriguez. Members, Senator Rodriguez moves to include in the journal his comments. Is there objection from any members? The Chair hears no objection from any members, so ordered. Senator Van de Putte for what purpose do you rise?

SENATOR LETICIA VAN DE PUTTE: Will the gentle lady yield for some questions?

LT. GOVERNOR DAVID DEWHURST: Will Senator Shapiro yield?

SENATOR FLORENCE SHAPIRO: Yes, I will.

SENATOR LETICIA VAN DE PUTTE: Thank you, Senator Shapiro. Thank you very much for your work both on the Senate Bill and as it's gone through the process. I know there have been some concerns regarding whether districts would choose to use the allotment to purchase only hardware and not any instructional materials for the classroom. You do address the concern in the bill language specifically by making the foundation curriculum material as priority in the purchase; is that not correct?

SENATOR FLORENCE SHAPIRO: Yes, ma'am.

SENATOR LETICIA VAN DE PUTTE: Thank you very much.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Shapiro -- members, Senator Shapiro moves the suspension of the Senate's regular order of business so we can take up and consider Committee Substitute to House Bill 6. Is there objection from any members? The Chair hears no objection from any members, and the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 6. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 6 relating to the found indication curriculum, the establishment of the instructional material allotment and the adoption review and purchase of instructional materials for public schools.

LT. GOVERNOR DAVID DEWHURST: The Chair lays out floor amendment No. 1. The secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Shapiro, designation as charter district for purposes of bond guarantee.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Shapiro to explain floor amendment one. Do you need another copy?

SENATOR FLORENCE SHAPIRO: No, I have a copy, I just don't know what amendment it is. Okay, I'm sorry. I got about five amendments sitting here and it's not marked the way this is.

LT. GOVERNOR DAVID DEWHURST: On line six it starts section 12.135.

SENATOR FLORENCE SHAPIRO: Local policy on electronic courses?

LT. GOVERNOR DAVID DEWHURST: No. Line six on the first page it says section 12.135 designation of charter districts for purposes of bond guarantee.

SENATOR FLORENCE SHAPIRO: I'm sorry, the one that was just handed out was local policies on courses is on line six. On line six it says local policy on electronic courses.

LT. GOVERNOR DAVID DEWHURST: On the -- all right. So on line six was handed out S30A .007? The parliamentarian apologizes.

SENATOR FLORENCE SHAPIRO: Floor amendment No. 1 by Shapiro, local policy on electronic courses.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Shapiro.

SENATOR FLORENCE SHAPIRO: Thank you very much, Mr. President and members. I'm sorry, I do have several amendments and we got a little confused there. This amendment actually makes good common sense changes to the electronic courses and the instructional materials that support them. It ensures that all schools have a policy on electronic courses. It allows parents and students to feedback on foundation curriculum courses, it allows flexibility to electronic course providers by ensuring that while 80 percent of the TEAKS must be met in the course itself, 20 percent of the TEAKS may be met in instructional materials and by the teacher. It also allows TEA to establish a fee structure to review the schedule for submission and review of electronic courses. At a time when schools are being asked to do more with less, leveraging high quality electronic courses to meet the needs of students is not only smart but it's efficient. Furthermore TEA is scaling back as a result of our budget cutbacks and by offering them to charge fees for the review of these courses, we can ensure that the virtual school network continues to attract and maintain the best electronic course providers. I move adoption of floor amendment No. 1.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you've heard the motion by Senator Shapiro. Is there objection from any members? The Chair hears no objection from any members, floor amendment number 1 is adopted. The Chair lays out floor amendment No. 2 by Shapiro. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 2 by Shapiro, the foundation school program funding.

LT. GOVERNOR DAVID DEWHURST: On line six it's -- right. Foundation school program funding. The Chair recognizes Senator Shapiro.

SENATOR FLORENCE SHAPIRO: I got it.

LT. GOVERNOR DAVID DEWHURST: On floor amendment two.

SENATOR FLORENCE SHAPIRO: Yes, sir, thank you. This amendment alters the funding for the virtual school network to save money. First it eliminates the virtual school allotment, this is really an interesting theory and I'd like to just explain it to you. Right now the way we give money for students that do virtual schools is we pay in advance. If a student successfully completes a course his or her school district earns extra money on top of their ADA. We believe that we can save money by eliminating the allotment based on seat time which is what we seem to be so good at and just doing seat time and eliminating the allotment based on seat time and instead pay based on the student's successful completion of the course. Also the amendment allows the commissioner to adopt an agreement between the provider and the district that governs the flow of these funds. For those of you that are very involved in education, for a while you have heard me say more and more that we're funding the wrong end of the child. We seem to be funding seat time rather than brain time and the completion of a course would certainly be brain time. It seems if we looked more at funding and learning with outcomes instead of just on seat time that we would actually find that we were funding the right methodology. Texas should be funding learning and outcomes and not seat time. This bill begins to blend these two models allowing traditional schools more access to an electronic curriculum funded by successful course completion. Students would be paid in seat time for their tradition classes but by successful completion in their virtual classes. Currently the law subsidizes virtual course. Virtual courses however should save money and we believe that's what this amendment would do. At this time I move adoption of floor amendment No. 2.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Shapiro. Is there objection from any members? The Chair hears no objection from any members, and floor amendment No. 2 is adopted. The Chair lays out floor amendment No. 3 by Senator Shapiro. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 3 by Shapiro amending --

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Shapiro to explain floor amendment No. 3.

SENATOR FLORENCE SHAPIRO: Yes, members, this is dealing with an effective date change. This is an amendment makes instructional materials allotment effective immediately as it was reported out of the committee HB6 had an effective date of September 1, 2011 and districts need this allotment and flexibility today. I move adoption of floor amendment No. 3.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Shapiro. Is there objection from any members? The Chair hears no objection from any members, and floor amendment No. 3 is adopted. The Chair lays out floor amendment No. 4 by Senator Shapiro. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 4 by Shapiro designation of charter districts for purposes of bond guarantee.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Shapiro on floor amendment No. 4.

SENATOR FLORENCE SHAPIRO: Thank you very much, Mr. President and members. This bill passed nine, zero out of the Senate with Senate Bill 596 it also passed off the House -- excuse me the Senate floor 31 to nothing. This amendment will extend access to the permanent school fund bond guarantee for financially strong charter schools while saving money. Although charter schools are public schools -- I know I say that a lot but they are public schools, they have no access to local tax base to pay for school buildings and are ineligible to access any other type of traditional school district funding for buildings. This amendment would extend the permit school fund bond backing guarantee to public charter schools who independently qualify for investment grade status. By qualifying for investment grade status independently a guarantee will only extend a charter who shows both academic and financial integrity. The amount of guarantee for eligible charters corresponds directly to the number of students enrolled in charters at 2 percent. This bill does not cost the state anything. It gives public schools traditional and charter the opportunity to utilize the permanent school fund. I move adoption of floor amendment No. four.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Shapiro. Measures you've heard the motion by Senator Shapiro. There objection from any members to the adoption of floor amendment No. 4 the Chair hears no objection and familiar amendment No. 4 is adopted. Senator Shapiro I want to apologize, we were working on Senator Whitmire's social calendar on Friday night, so I'm sorry. The -- actually Senator Whitmire and Senator Eltife want to host dinner for the senators.

SENATOR FLORENCE SHAPIRO: Oh, I thought maybe you were giving him instructions for your social calendar, that's a very dangerous --

SENATOR KEVIN ELTIFE: We'd actually like for the president to join us as well so that way we'll get out of here on time.

LT. GOVERNOR DAVID DEWHURST: That's a very good idea. That's a very good idea.

SENATOR FLORENCE SHAPIRO: As long as you don't do it before my bill's over, Whitmire. As long as you don't do it before my bill's over. Thank you.

LT. GOVERNOR DAVID DEWHURST: Members, the Chair lays out floor amendment No. 5 by Senator Patrick. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 5 by Patrick.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Patrick on floor amendment No. 5.

SENATOR DAN PATRICK: Thank you, Mr. President and members. I believe the amendment is acceptable to the author. This amendment is in response to the growing number of mandates and restructures the federal government placing upon the state in the area of education. The 10th amendment of the United States constitution clearly reserves the responsibility for education to the states to get the executive branch of the federal government under either administration, either party appears to be increasing its authority over education to promote stimulus funding over the adoption of national education standards and national tests. This amendment simply states that Texas cannot adopt a federally mandated or national common curriculum assessment or instruction materials. I move adoption.

SENATOR FLORENCE SHAPIRO: It is acceptable.

LT. GOVERNOR DAVID DEWHURST: Senator Van de Putte for what purpose do you rise?

SENATOR LETICIA VAN DE PUTTE: Will the gentleman yield for some questions?

LT. GOVERNOR DAVID DEWHURST: Will Senator Patrick yield?

SENATOR DAN PATRICK: Absolutely.

SENATOR LETICIA VAN DE PUTTE: Thank you, Senator Patrick. I believe your amendment is dealing with the movement that is by the National Governor's Association, the Council of Chief State School Officers on common course standards; is that correct?

SENATOR DAN PATRICK: It addresses any initiative coming outside to the Texas to tell us how to educate our children.

SENATOR LETICIA VAN DE PUTTE: Well, under current law the person who has the jurisdiction to join in or not join in is the governor of the state of Texas, so the governor has directed our commissioner of education to not participate in the common course standards. So your amendment doesn't change anything in but it takes away the jurisdiction of the governor and now places that under statute because you're prohibiting it by statute. So we're not participating now, and in future, right now under current law under current federal law the person who gets to say no is the governor. So if you change this, by statute, and the reason the governor could say no to common course is because it was not in statute. So I just wanted to ask you by doing this you remove the authority from the governor and then place it with the legislature because we will no longer be silent on common course standards. Nothing will change, we're still not going to do any common course standards but it's the jurisdiction over who gets to say no.

SENATOR DAN PATRICK: That's correct.

SENATOR LETICIA VAN DE PUTTE: And under this do you know how many states so far are involved in the meeting of the common course standards?

SENATOR DAN PATRICK: I am not advised.

SENATOR LETICIA VAN DE PUTTE: Well, I think Alaska -- it was Alaska and Texas sent representative and they are working together on standards for STEM, for the science technology engineering and math. Of course they are all doing algebra one, they will not have a common assessment that's actually forbidden by the No Child Left Behind Act. But right now, the governor has the jurisdiction. So what you do is you keep it with the state board because the board now does TEAKS; is that correct?

SENATOR DAN PATRICK: Yes.

SENATOR LETICIA VAN DE PUTTE: Okay. And the school district may not use a national curriculum. If the school district currently is receiving the Gates Millennium Project funds separate from our funding they are using the STEM initiative that's being developed by common course standards. My question is by putting line 19B3 a school district may not use national curriculum care standards does that mean current school districts who have the Gates Millennium Project money would no longer be able to comply with that requirement because the common course standards are doing the STEM initiative? And I don't want to impact those districts that have already received that money apart from -- it's not common core but it's a subset of that that the Gates Foundation is under writing.

SENATOR DAN PATRICK: I'll yield to the -- Mr. President, I'll yield to the bill author who wanted to respond.

SENATOR FLORENCE SHAPIRO: I'd like to respond to Senator Van de Putte if I might.

LT. GOVERNOR DAVID DEWHURST: All right you're yielding to Senator Shapiro.

SENATOR FLORENCE SHAPIRO: Thank you.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR FLORENCE SHAPIRO: Senator Van de Putte it's my understanding that it will not affect that program. We have had this discussion with the commissioner and they say it will not affect that program.

SENATOR LETICIA VAN DE PUTTE: It says a school district may not use a national curriculum to comply with requirements to provide instruction in the essential knowledge and skills that appropriate grade levels. So in other words they would still have to adhere to TEAKS, right?

SENATOR FLORENCE SHAPIRO: Correct.

SENATOR LETICIA VAN DE PUTTE: But if they use for the purposes of being one of the Gates Millennium schools or school districts, they could use the subset of the common course standards of that STEM initiative to meet the requirements of their grant but they would still are to only use -- how to they do a double curriculum or how do they --

SENATOR FLORENCE SHAPIRO: This just says a school district may not, it doesn't say shall. So I am sure there would be some negotiating between the commissioner and the Gates Foundation and I am sure they would give us some sort of opportunity to play -- to make our case on that situation. Here's what I think is happening, Senator Van de Putte, and in many of these case. What you described earlier the governor's mission, the National Governor's Association originated this whole national standard movement. It has moved several generations hence and the new concern that I have and that we have, that it is not the same program that they began with in fact we understand there are over seven states that have already pulled out that originally were in but have already pulled out. So it may not be the type of program that they were thinking. It's one thing to set national standards, it's another thing to make every state come under those national standards and participate in those national standards. We know for a fact, as a matter of fact, that Texas has done much better than those national standards. In fact you yourself are the one that always talks about great work we have done in the past in our English language arts, our ESL standards are considered stronger than any of the common core. Fordham gave our ELA standards a A minus. Some of the best in the nation, in fact, you talk about how our students were having problems and because of our efforts, not only in math but also in English language that we have just done such wonderful work in grades four and five and we need to keep it up. So our standards are much higher. What's happening there seems to be a movement afoot that says instead of going to the states and asking them to participate, we're going to start going to the individual school districts and get them to participate and the truth of the matter is we really believe the Texas can do a much better job. The National Department of Education coming down and telling Plano Texas or San Antonio Independent School District how they ought to do their curriculum or their testing or any of those things in the big picture just does not seem what Texans want to do and that's the direct result of what's happening here. So it's just an evolution that just keeps getting bigger and bigger and we'd like to stop it as far as we're concerned.

SENATOR LETICIA VAN DE PUTTE: Well, Senator, I couldn't agree with you more that we certainly don't want 7 percent funding that comes from the federal government to our Texas public schools to set the criteria for the 93 percent that actually is funded either by property taxes or diminishing by state revenues but what I wanted to make sure of is that this would not hurt those current school districts who are voluntary. They're still adhering to our TEAKS but they are participating -- remember when the Department of Education, the secretary Arnie Duncan announced the bill of dollars in grants and they were the criterias that I think Texas probably would have done very well, and it was expansion of charter schools which Senator Patrick's bill kind of addressed. It was performance pay that President Obama wanted and the secretary continued and Texas at least at the time before this budget had the largest performance pay or incentive program. Three to the common core standards the fourth was soemthing that you and I are champions together with and that's the college readiness. So of those four criteria of our school districts to compete for this huge amount of money, the one we really have problems with because we were already doing college readiness, we were already doing the charters, we were already doing performance pay was this movement toward these national standards and you're right, we have done a great job. So I believe with the clarification on this, I had some difficulty with the amendment but I do know that this does take away the jurisdiction that's currently held by the governor, by putting it in statute the legislature would have to direct it and that's fine, it's just that right now the way that the common course standards work and anything else, it's the governor who holds the key because the legislature is silent on this. So by making that change -- and I just wanted to make sure that that was the case and I wanted to make sure that also those current school districts who are in that Gates project would not be damaged by this.

SENATOR FLORENCE SHAPIRO: It's my understanding they will not.

SENATOR LETICIA VAN DE PUTTE: Thank you, I appreciate the clarification.

SENATOR FLORENCE SHAPIRO: Thank you.

SENATOR DAN PATRICK: Mr. President.

LT. GOVERNOR DAVID DEWHURST: Senator.

SENATOR DAN PATRICK: I move adoption of the amendment.

LT. GOVERNOR DAVID DEWHURST: We have got one more question. Senator Uresti, for what purpose do you rise, sir?

SENATOR CARLOS URESTI: Will the gentleman yield for some questions?

SENATOR DAN PATRICK: Yes I will.

SENATOR CARLOS URESTI: Senator Patrick I'm trying to understand your amendment notwithstanding the question Senator Van de Putte asked of Senator Shapiro. I'm trying to find out what you're trying to do with this amendment as I read paragraph B -- two it states the state board of education may not adopt national cirriculum standards to comply with the duty imposed under this chapter. So it's your intent to take away any authority that the state board of education has with regards to adopting those national standards?

SENATOR DAN PATRICK: No, really just the opposite. What we don't want to do is what Senator Van de Putte said for 7 percent of the money that we get from the federal government occasion. We don't want them to control 100 percent of the curriculum.

SENATOR CARLOS URESTI: And I didn't hear the first part of what you said.

SENATOR DAN PATRICK: I said what we don't want to do what Senator Van de Putte said, to get percent of the money that would allow them to have 100 percent of the control and we want it to be in our hands.

SENATOR CARLOS URESTI: Okay. But notwithstanding what you said in that paragraph it says the state board of education may not adopt those standards. So you're taking away the complete authority to adopt those standards; is that correct?

SENATOR DAN PATRICK: What we're saying is in the state of Texas you cannot adopt a national curriculum, the state board of education as well as legislators, it is our responsibility and our duty and our school districts and superintendent and our parents and our teachers and our (inaudible) and our school boards to make those decisions.

SENATOR CARLOS URESTI: I understand, I understand, I understand what your point is but I just want to make sure I understand the amendment. And here's my concern and there may be different philosophies on the floor, of course, but my concern is what if if the national curriculum standards are wonderful. What if one day we agree, wow, those are some outstanding curriculum standards out there. You are taking away the authority of the state board of education from adopting those with this amendment, aren't you?

SENATOR DAN PATRICK: No. And I can see Senator Shapiro is wanting to repond to you as well. I'll yield to Senator Shapiro.

SENATOR CARLOS URESTI: Is that a yes or a no?

SENATOR DAN PATRICK: That's a yield to Senator Shapiro.

SENATOR CARLOS URESTI: Mr. President, will --

SENATOR DAN PATRICK: I will yield to Senator Shapiro.

SENATOR CARLOS URESTI: Will Senator Shapiro yield for a question?

SENATOR FLORENCE SHAPIRO: No, but I think Senator Patrick will.

LT. GOVERNOR DAVID DEWHURST: Will Senator Patrick yield to Senator Shapiro?

SENATOR DAN PATRICK: Yes.

SENATOR FLORENCE SHAPIRO: And I will yield to Senator Uresti.

SENATOR CARLOS URESTI: Thank you.

SENATOR FLORENCE SHAPIRO: And your question was what if in several years they decide they want to comply. Even more the reason that the legislature ought to be involved because we're the ones that set all of this in motion. The governor's office really is just a facilitator in this process. So this gives power back to the legislature to make those decision and and if in fact in five, ten or whatever number of years this becomes an issue again and the legislature that's here decides they want to be a participant for whatever reason, they have the ability to do so.

SENATOR CARLOS URESTI: Okay. So my question is Senator Shapiro, this amendment though takes away the authority of the state board of education from adopting those national curriculum standards. If this amendment goes on and the bill passes and it goes into effect as of that date, our state board of education will not be able to adopt national curriculum standards.

SENATOR FLORENCE SHAPIRO: That's correct. Now, remember it says may not, it doesn't say shall not but that's a pretty good instruction, may not is pretty clear. But you know if they decide in five years they thing it might be a good idea to do it, they can come back to the legislature, we have rethought this, there's a lot of money involved, we need criteria anyway. There's all kinds of reasons, this does not permit -- this did not preclude us from doing it, this will just have to do, the legislature will have to come back and do that.

SENATOR CARLOS URESTI: Okay. But you make a very good point. If we're saying may not then I think that word should apply and strike not because I could see where it could be interpreted two different ways. Are you're saying that they do have the discretion to adopt national standards or they do not?

SENATOR FLORENCE SHAPIRO: They do not have the discretion and they do not have the discretion today. This is a reinforcement of what we know is happening. The discretion for that, those curriculum, those standards is with the governor and this amendment to transfer that responsibility back to the legislature.

SENATOR CARLOS URESTI: Okay. And then going back to -- going to paragraph one -- B1 -- bravo one in this act national curriculum standards include any curriculum standards endorsed, approved, sanctioned or promoted by the United States Department of Education, the National Governor's Association or the counselor of chief state school officer and I guess I am just curious, so if there's a standard out there that's being endorsed or approved or promoted, we're saying that we can't adopt those national standards?

SENATOR FLORENCE SHAPIRO: No, this is very clear. The national curriculum standards and the reason it's in quotations is because that is the new term of art and it was created and endorsed by these three entities the Department of Education, the National Governor's Association and the Council of Chief State School Officials. They have created what we now call in the education community quote unquote, national curriculum standards. They are very clear that this set of standards that has been blessed by these entities we do not want to have to participate in this program.

SENATOR CARLOS URESTI: And then I guess on third paragraph bravo three a school district may not use national curriculum standards to comply with the requirement to provide instruction in the essential knowledge and skills that appropriate grade levels. So we're taking any authority away from the school districts as well?

SENATOR FLORENCE SHAPIRO: No, we're saying that we have our own state essential skill examination knowledge. That's our curriculum. That was our TEAKs, it's now going to be our STARs and end of course exams and we're saying you can't take that national curriculum standard that they created in Washington or wherever they created it or somewhere, you can't use that in lieu of our current instructional -- I mean essential knowledge and skills in any of our grade levels.

SENATOR CARLOS URESTI: And so I understand, Senator Shapiro, because I know you worked on this a lot more than I do on this issue but you said a minute ago we are already doing this and we're just trying to reinforce?

SENATOR FLORENCE SHAPIRO: Reinforce.

SENATOR CARLOS URESTI: Then why is this amendment necessary?

SENATOR FLORENCE SHAPIRO: Because there's an amendment at foot to not only appeal to the state and as I mentioned earlier the original intent was for all the states to buy into this. Texas and Alaska chose not to because we didn't feel it was necessary for the federal government to impose this on us. If that is where it stayed, that's fine. Now it's taken on another generation, and the next generation which it's taken on to come into the states individually, into the local school districts now and try to get them to comply, entice them into complying. We want to make it clear that that will not be a substitute for our current curriculum our essential skills and knowledge that we expect of our students.

SENATOR CARLOS URESTI: So we're taking the local control away from our schools?

SENATOR FLORENCE SHAPIRO: No, we're keeping our state's essential skill examination knowledge which is what everybody in the state utilizes as the basis for our curriculum and we're saying you may not choose another curriculum in lieu of the state's.

SENATOR CARLOS URESTI: Thank you, Senator Shapiro.

SENATOR FLORENCE SHAPIRO: Thank you.

SENATOR DAN PATRICK: My tag team partner here, Mr. President, I move adoption of this amendment.

LT. GOVERNOR DAVID DEWHURST: You got a lot of friends.

SENATOR DAN PATRICK: I have a lot of friends.

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

SENATOR DAN PATRICK: We have more work to do, Senator Shapiro.

SENATOR WENDY DAVIS: To ask the author of the amendment a question, please.

LT. GOVERNOR DAVID DEWHURST: Will Senator Patrick yield?

SENATOR DAN PATRICK: Yes

SENATOR WENDY DAVIS: Senator Patrick, I think the questions asked previously were very good ones and questions that I had also but I've also got some questions on the second page of the amendment and it deals primarily with the issue of teacher appraisal. I understand that the first line is essentially -- or the first underlined line that begins on line three is essentialy saying that the commissioner shall not adopt nationally applicable appraisal criteria and that makes sense to me in the context of what you're trying to do in this over all amendment, whether I agree or don't agree with it it makes sense to me in the context of it. What I am a little bit confused and concerned about though is also beginning on line six adds language about the commissioner's appraisal criteria that he may use now in part on a measurement of the teacher's effectiveness and that it can include annual improvement of the teacher's student achievement and the performance of the student teacher on assessment instruments required under subchapter B chapter 39 and then it goes on to describe the criteria has to be based on observable, and I understand that's part of the code today because it's not underlined, but it also again talks about the performance of a teacher students. I know in the education committee Senator Shapiro had worked on a new system that's looking at a study of the course of the next few years in terms of how we determine future appraisal and I wanted to be sure that nothing of the language that's included here in any way adds to or conflicts or takes away from what I think was a very flexible approach that would mean --

SENATOR DAN PATRICK: It does not. It does not.

SENATOR WENDY DAVIS: And Senator Shapiro is shaking her head here.

SENATOR DAN PATRICK: She's not my tag team partner on this.

SENATOR FLORENCE SHAPIRO: That's right.

SENATOR WENDY DAVIS: Thank you.

SENATOR DAN PATRICK: Thank you for the question. I am going to try this one more time, Mr. President. Fourth time's acharm. Nope.

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

SENATOR JUAN HINOJOSA: To ask the --

SENATOR DAN PATRICK: This is a lot of questions on a shorter amendment but they're all good to far.

SENATOR JUAN HINOJOSA: Would you

(inaudible) has some implications. Can I ask the gentleman a question?

LT. GOVERNOR DAVID DEWHURST: Will Senator Patrick yield?

SENATOR DAN PATRICK: Yes.

SENATOR JUAN HINOJOSA: You know, I guess the way your amendment written it would also mean that Texas could not qualify for any grants offered by the federal government?

SENATOR DAN PATRICK: No, no.

SENATOR JUAN HINOJOSA: No?

SENATOR DAN PATRICK: No.

SENATOR JUAN HINOJOSA: Well, I mean if for example, you tie the state board of education hands and you're saying they cannot adopt any national standards if the federal government says, okay, you adopt this standard you'll get $500 million worth of the grants.

SENATOR DAN PATRICK: Well, there is this -- there is this great fear of course that the federal government will say, you don't get your percent unless you do this, this and this. But I can't speak for what the federal government will do in the future. There are some things that are tied to performance but this does not stop Texas from taking certain grants and certain suggestions. It just stops the quote as Senator Shapiro said the national curriculum. That's all.

SENATOR JUAN HINOJOSA: Well, I think the way I read this amendment I read a little bit different than you do. Seems to me that by pretty much telling the board that they cannot adopt any standards other than the ones here in the state of Texas that they would be -- adopting any conditions that are said by the federal government as a way --

SENATOR DAN PATRICK: Unless we decide as a legislature --

SENATOR JUAN HINOJOSA: But we're not in session all year round and every other year so why are we taking away the discretion of the state board of education when we tide --

SENATOR DAN PATRICK: We're really not, Senator, we're once again making it very clear. The rules that the SBOE now works under, the legislature that this is, we want our education to be grass roots up, local up and that includes from school boards to SBOE to legislatures.

SENATOR JUAN HINOJOSA: Well, I think this amendment goes further than that, I really do think we're tying the hands of our public schools in terms of getting federal money. As you well know the federal government has conditions on their grants to provided --

SENATOR DAN PATRICK: And we you have to lock at that case by case. I just respectfully disagree, I don't think I'll change your mind but I respectfully disagree.

SENATOR JUAN HINOJOSA: Well, I just want members to understand what's going on with this amendment. I mean this amendment has serious implications in terms of our ability to get funds from the federal government. As you well know if you look back at history, for example, we will not get any federal money if we put seatbelts in cars. We wouldn't get any money for what you're doing here basically is saying that they either the federal government has any conditions on any grant money we can't get it because they didn't change the standards of whatever curriculum is set.

SENATOR DAN PATRICK: I would disagree, but I appreciate your question.

SENATOR JUAN HINOJOSA: Thank you.

SENATOR DAN PATRICK: Mr. President.

LT. GOVERNOR DAVID DEWHURST: Senator Ellis for what purpose to you rise?

SENATOR RODNEY ELLIS: To ask the question of the Senator as my amendment to the amendment is being passed out.

LT. GOVERNOR DAVID DEWHURST: All right. The Chair lays out the floor amendment No. 6 by Senator Ellis which is an amendment to floor amendment No. 5.

SENATOR DAN PATRICK: I guess we talked long enough for you to write that, Senator Ellis.

LT. GOVERNOR DAVID DEWHURST: Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 6 amending floor amendment No. 5.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Ellis on floor amendment six which is an amendment to floor amendment five.

SENATOR RODNEY ELLIS: Thank you, Mr. President and members, after listening to the discussion about --

SENATOR DAN PATRICK: I just read it Senator, excuse me. I can't -- I just read it, good try.

SENATOR RODNEY ELLIS: This is such an important amendment that you have offered, Senator Patrick, and I can tell by the passion which you and Senator Shapiro have used to describe how important it is, I think it's also important that if we're going to give this agency this very important power that we ought to add this amendment to the amendment which will place the state board of education under periodic sunset review beginning in 2013, the same year that the Texas state agency is scheduled to be reviewed. This amendment is not about politics, it's not about evolution or American evolution or sex education or -- it's about efficiency, transparency, good government, it's about ensuring that the agency that writes the curriculum standards for our kids operates effectively as possible. To be clear the sunset advisory commission will not review members of the state board of education. Only the voters can do that. They will review the procedures under which they operate, I know there's concern about reviewing an agency headed by elected officials but the sunset already reviews agencies that are led by elected officials, for example the Department of Agriculture, Railroad Commission, the latter of which we debated on this floor very recently, the constitution only provides for the state board of education for the purpose of managing the permit school fund, to provide free textbooks to our Texas school children. The board's other duties are provided for by statute and subject to review. The 4.9 million school children in Texas deserve no less, so I will move adoption of this amendment which I am sure is acceptable to the author.

SENATOR DAN PATRICK: Well, you would lose that wager. It's not acceptable, but I appreciate your effort.

SENATOR RODNEY ELLIS: Okay. I'd like to have a record vote on this. It's your chance to do something right, members. He's talking to some of the state board members, they're calling over right now no doubt.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Ellis moves the adoption of floor amendment No. 6 which amends floor amendment No. 5. Senator Patrick --

SENATOR DAN PATRICK: To table.

LT. GOVERNOR DAVID DEWHURST: Moves to table. The -- you've already closed? All right. Members, the motion before us is a motion to table by Senator Patrick. The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and 20 nays, the motion to table prevails. Members, the issue before us is the adoption of floor amendment No. 5 by Senator Patrick. Senator Patrick moves the adoption -- Senator Seliger for what purpose to you rise?

SENATOR KEL SELIGER: Question for Senator Patrick.

LT. GOVERNOR DAVID DEWHURST: Will Senator Patrick yield?

SENATOR DAN PATRICK: Yes Senator.

SENATOR KEL SELIGER: Senator, is your amendment in any way, shape or form designed to prohibit advanced placement or international baccalaureate courses that have that national tie in that may not be mandated, but I'm afraid they fall under the umbrella of what you're talking about with national programs.

SENATOR DAN PATRICK: No.

SENATOR KEL SELIGER: Okay, thank you.

LT. GOVERNOR DAVID DEWHURST: Senator Patrick moves the adoption of floor amendment No. 5. Chair recognizes Senator Shapiro on floor amendment No. 5.

SENATOR FLORENCE SHAPIRO: It's acceptable.

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

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

LT. GOVERNOR DAVID DEWHURST: Members there being 18 ayes and 12 nays, floor amendment No. 5 is passed. The Chair lays out floor amendment No. 7 by Senator Patrick. The secretary will read the amendment.

PATSY SPAW: Floor amendment No. 7 by Patrick.

LT. GOVERNOR DAVID DEWHURST: Chair five Senator Patrick to explain floor amendment No. 7.

SENATOR DAN PATRICK: Thank you, Mr. President and members, this is a real easy one, we passed this out 31 to nothing. This safes our school districts money. It simply says that when instructional materials are presented they should be in electronic samples instead of textbook hard bound samples. Very simple amendment to save our districts money. I believe it's acceptable to the author.

SENATOR FLORENCE SHAPIRO: It is acceptable.

SENATOR DAN PATRICK: Thank you.

LT. GOVERNOR DAVID DEWHURST: Members the issue before us is the adoption of floor amendment No. 7. Is there objection from any members? The Chair hears no objection from any members, and floor amendment No. 7 is adopted. The Chair lays out floor amendment No. 8 by Senator Patrick. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 8 by Patrick.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Patrick to explain floor amendment eight.

SENATOR DAN PATRICK: Give me one moment so I can see which one it is because I have one more.

LT. GOVERNOR DAVID DEWHURST: It's on the 3rd line -- I am sorry, 4th line. The commissioner places material on the list adopted --

SENATOR DAN PATRICK: Yes. This amendment, members, says for the commissioner's list if he places materials on that list the state board of education may not later than the 90th day after the state of material required be required to remove the material from the list. This gives the SBOE overview of the commissioner's list and I believe this is acceptable to the author.

SENATOR FLORENCE SHAPIRO: This is acceptable.

LT. GOVERNOR DAVID DEWHURST: Members, the issue before us -- Senator Davis, for what purpose do you rise?

SENATOR WENDY DAVIS: I have a question of the author of the amendment.

LT. GOVERNOR DAVID DEWHURST: Will Senator Patrick yield?

SENATOR DAN PATRICK: Yes.

SENATOR WENDY DAVIS: I am sorry, Senator Patrick. I am still not understanding --

SENATOR DAN PATRICK: Senator Birdwell, Senator Ellis, Senator Birdwell, could y'all just kind of -- we're in the line of fire here.

SENATOR WENDY DAVIS: Thanks, Senator. So the amendment places material on the list adopted under subsection A. What is that?

SENATOR DAN PATRICK: Well, there's a commissioner's list and this simply allows the SBOE to oversee that and they have 90 days to oversee it and if they want to remove it they can remove it.

SENATOR WENDY DAVIS: So right now it's not the case that the state board of education can remove material from the list over what the commissioner has recommended?

SENATOR DAN PATRICK: Correct. And if my memory serves me correct, this occurred in 2009 we created this list. It was late in the session, we wanted to come back and correct this because it was not the intent to take the SBOE out of that equation.

SENATOR WENDY DAVIS: Okay. So as it stands today though the commissioner has the authority in terms of creating the list, the SBOE does not under the laws as it stands today have the act to overturn his recommendations for that list but this would give them that authority.

SENATOR DAN PATRICK: This authority, just on the new list we created in 2009.

SENATOR WENDY DAVIS: So if you're a Senator who believes maybe that the state board of education is an entity with which you don't want to entrust such a decision, might not be in favor of this.

SENATOR DAN PATRICK: Well, we already entrusted this amendment with our textbooks which is just a simply added electronic list that we created in '09.

SENATOR WENDY DAVIS: Thank you.

SENATOR DAN PATRICK: Thank you.

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

SENATOR KEL SELIGER: Question of the author of the amendment.

LT. GOVERNOR DAVID DEWHURST: Will Senator Patrick yield?

SENATOR DAN PATRICK: Yes.

SENATOR KEL SELIGER: As I understand this Senator, what happens is is the commissioner whose job it is to run our educational system can pick out certain materials and the state board of education can simply go along if they disagree with his choices and summarily ly remove those materials from the list.

SENATOR DAN PATRICK: Yes. Because what happens, Senator, was up until 2089 before we created this electronic list, the SBO had all authority over that. That's what we elected SBOE members to do. We created this second list in '09 and inadvertently the SBOE did not have oversight over that list, so this just extends their authority to that list as well as their purview over all our textbooks.

SENATOR KEL SELIGER: Okay, thank you.

SENATOR DAN PATRICK: Thank you.

SENATOR KEL SELIGER: Thank you, Mr. President.

SENATOR DAN PATRICK: I believe this is acceptable to the author Senator Shapiro.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Shapiro on floor amendment eight.

SENATOR FLORENCE SHAPIRO: It's acceptable.

LT. GOVERNOR DAVID DEWHURST: Members, the motion before us is the adoption of floor amendment number --

SENATOR DAN PATRICK: I think Senator Van de Putte has her red light on.

LT. GOVERNOR DAVID DEWHURST: Senator Van de Putte for what purpose do you rise?

SENATOR LETICIA VAN DE PUTTE: Will the gentleman yield?

SENATOR DAN PATRICK: Yes.

SENATOR LETICIA VAN DE PUTTE: Thank you. Senator Patrick, I'm greatly concerned about this because the list adopted under subsection A I believe is the mid cycle review, the mid cycle under the subcycle review and this allows the commissioner after a process to place stuff on the list in a more timely fashion. We had had difficulties with our state board of education on the mid cycle review and on the supplemental material, particularly when we ran into difficulties during the 2003 legislative session because of our finances, we had to punt, so to speak, for two years some of the materials that were in certain proclamations. When the legislature punts because we're in financial constraints, which we are now, this gives the SBOE the veto power over the commissioner on mid cycle review, certainly you would agree that on our regular review, your curriculum, the textbook standards, the TEAKS, that is left but this is particularly troublesome because the SBOE has had very much difficulty and in response to that the legislature changed that because we had materials that were 14 years old, we had references to state officials who were still enlisted as our state officers who were, in fact, serving in federal prison. We had things that were outdated, we had a huge problem and in particular we put this in during the legislative sessions when we cannot fulfill our only obligations to issue full proclamations. We've gone through so much to try to get with our English language arts, with our ESL materials, the prekindergarten materials. Members, there is no doubt we are in financial constraints but what Senator Patrick's amendment does is it gives veto power from the state board of education over our commissioner who still have to vet in the process on the mid cycle review. That's the only way we can get any sort of little updated materials when we're going 14 years with the same science textbook, 14 years with the same English Texas book, 12 years with the same ESL. So it's not that we don't want to give control, it's just that they never could get the job done and so the legislature changed that so we could make sure that the commissioner had the authority in a mid cycle review, it's called the supplemental list that we allow the commissioner to do that. What this would do, this would put that process with the state board as it did before. But members, we're in a tough financial constraint now and if we want to get back in the same positions that we did, then where we have parents who are pounding at our doors in the district office demanding that we do something about updating the textbooks, then vote for this amendment. If you want to go back to those days because we're in dire financial constraints we have got to leave the flexibility with the commissioner to be able to update these supplemental materials. And so Senator Patrick I didn't know exactly under under this but when I looked under the code and subsection eight this is exactly the supplemental reviews and the mid cycle review and I am greatly concerned because this legislature changed that because the state board of education was so dysfunctional it just could not do the -- it couldn't bring itself to do that and we needed those materials in our schools or at least have them updated and the school districts had to choose. Again they're supplemental so thanks for bringing this, but this would put us back in the time frame where our students don't get updated resource materials.

SENATOR DAN PATRICK: I always respect a gentlewoman from San Antonio. We'll just agree to disagree. Mr. President, this amendment is acceptable to the author. Move adoption.

SENATOR KEVIN ELTIFE: Senator Shapiro on floor amendment No. 8.

SENATOR FLORENCE SHAPIRO: Acceptable.

SENATOR KEVIN ELTIFE: Senator Patrick moves adoption of floor amendment No. 8. It's acceptable to Shapiro. Is there objection? 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: 17 ayes, 13 nays, floor amendment No. 8 is adopted. The following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 9 by Patrick.

SENATOR KEVIN ELTIFE: Senator Patrick to explain the amendment.

SENATOR DAN PATRICK: Yes, members, this amendment just gives the state board of education 90 days to review and approve open source instructional materials to be placed on the list of conforming and nonconforming list. Current law requires the SBOE to place open source Texas books on a conforming or mono-conforming list without oversight from the SBOE. This gives them that oversight. I believe it's acceptable to the author.

SENATOR FLORENCE SHAPIRO: It is acceptable.

SENATOR KEVIN ELTIFE: Senator Shapiro.

SENATOR FLORENCE SHAPIRO: Yes, sir.

SENATOR KEVIN ELTIFE: Senator Davis, for what purpose?

SENATOR WENDY DAVIS: Ask the author of the amendment a question.

SENATOR KEVIN ELTIFE: Senator Patrick yield?

SENATOR DAN PATRICK: Yes.

SENATOR WENDY DAVIS: Senator Patrick --

SENATOR DAN PATRICK: It's getting to be Senator Davis day with all these amendments.

SENATOR WENDY DAVIS: You are, you are having a Senator Davis day. So this one, similar to the one that you were advancing a moment ago, right now this is in the hands of the commissioner in terms of the review of that instructional material but this would provide the board of education the state board of education a review of that instructional material and allow them the improvement of the placement of it on the list.

SENATOR DAN PATRICK: Correct.

SENATOR WENDY DAVIS: Okay, thank you.

SENATOR DAN PATRICK: Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Davis. Senator Rodriguez for what purpose?

SENATOR JOSE RODRIGUEZ: I want to follow up on what Senator Davis just raised. I mean, look at your amendment, Senator Patrick, you are removing -- I assume the experts that were being used by the state board of education to review textbooks, experts from their respective institution and making recommendations to the board of education, are you not, in this?

SENATOR DAN PATRICK: Heaven forbid, turn it over to the people elected by the people.

SENATOR JOSE RODRIGUEZ: No, I'm serious. I'm asking you a question.

SENATOR DAN PATRICK: No, I'm serious.

SENATOR JOSE RODRIGUEZ: Isn't this what caused a tremendous amount of controversy even at the national level where the state board of education would not -- was disregarding the recommendations of the experts from the various institutions regarding the various curriculum or textbooks that were being proposed?

SENATOR DAN PATRICK: I am not too concerned what the national media says about Texas, No. 1.

SENATOR JOSE RODRIGUEZ: The what?

SENATOR DAN PATRICK: What the national media says about Texas, I am not too concerned. We do it right most of the time here, they're just jealous everywhere. No. 2 thea's are duly elected officials, if the people in their districts do not believe they're doing the job then they have an opportunity to speak out. This is simply the list and, Senator, I'm sure you know the difference between conforming and nonconforming in open source books but this is simply these books that are written. These textbooks are written just put it under control like every other textbooks and textbooks like we've done with these amendments.

SENATOR JOSE RODRIGUEZ: But your amendment is doing -- is striking out the language of the textbook is written compiled or edited primarily by faculty of the eligible institution who specialize in the subject area of the textbook.

SENATOR DAN PATRICK: Well, a professor in that area may have a particular view on the textbook he's writing or she is writing that maybe doesn't comport to what we believe are conforming or even enough of the non-conforming list and so the elected officials have the opportunity to review that. That's all it's saying, it doesn't mean they're going to reject it.

SENATOR JOSE RODRIGUEZ: What it's saying that the elected officials are going to be the arbiters of what textbook to select without any input from the people who teach the course, who understand the course, who are specialist in the course, that's what this is saying, isn't it?

SENATOR DAN PATRICK: Yes.

SENATOR JOSE RODRIGUEZ: Okay. That's what I thought. Just wanted to clarify that.

SENATOR DAN PATRICK: Thank you.

SENATOR JOSE RODRIGUEZ: Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Rodriguez. Senate Patrick has moved adoption of floor amendment No. 9. It is acceptable to Shapiro. Is there objection? There is objection. 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, 12 nays, floor amendment No. nine is adopted. Following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 10 by Harris and Wentworth.

SENATOR KEVIN ELTIFE: Senator Harris to explain the amendment.

SENATOR CHRIS HARRIS: Thank you, Mr. President. This amendment encourages providers of school materials to Texas schools to continue and expand warehouse informations in Texas by continuing historical practice of funding intrastate shipping. The amendment discourages sellers of student materials from building cost of shipping in the prices paid by Texas schools. I believe this is agreeable with the author of the bill.

SENATOR FLORENCE SHAPIRO: It certainly is, Senator Harris, thank you very much.

SENATOR CHRIS HARRIS: Thank you, ma'am.

SENATOR KEVIN ELTIFE: Senator Harris moves adoption of floor amendment No. 10. It is acceptable to Shapiro. Is there objection in no objection, floor amendment No. ten is adopted. The following amendment. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 11 by Wentworth.

SENATOR KEVIN ELTIFE: Senator Wentworth to explain the amendment.

SENATOR JEFF WENTWORTH: Thank you, Mr. President. This amendment is the Committee Substitute for Senate Bill 1113 that passed the Senate 27 to three on May 6th relating to certain contracts entered into by school districts for another entity to provide food services at one or more district schools. Most school districts in the state operate their own kitchens and cafeterias. However, a far growing number choose to outsource them to food service management companies. This amendment simply ensures that food services management companies use the same public bid process for food purchases of school districts that choose to keep this function in House. Thereby helping to maintain the high standard of food quality in our schools. I move adoption of floor amendment No. 11.

SENATOR KEVIN ELTIFE: Senator Shapiro --

SENATOR FLORENCE SHAPIRO: It is acceptable.

SENATOR KEVIN ELTIFE: Members -- Senator West for what purpose?

SENATOR ROYCE WEST: May we approach?

SENATOR KEVIN ELTIFE: Please approach. Members Senator Wentworth has moved adoption of floor amendment 11. It is acceptable to Shapiro. Is there objection? Chair hears none, floor amendment number 11 is adopted.

SENATOR JEFF WENTWORTH: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator Wentworth. Following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 12 by Nelson.

SENATOR KEVIN ELTIFE: Senator Nelson to explain the amendment.

SENATOR JANE NELSON: Thank you, Mr. President. This floor amendment is identical to Senate Bill 79 which the Senate education committee and the full Senate passed out unanimously, it passed out of House public education committee and it's pending over there in calendar committee. It's the bill that says public school districts may not require teachers to artificially inflate a student's grade including report card grades or other cumulative grades. I believe it is acceptable to the author.

SENATOR KEVIN ELTIFE: Senator Shapiro.

SENATOR FLORENCE SHAPIRO: Yes, it is acceptable and this will be the third time we have discussed this, haven't we? Third time's the charm.

SENATOR JANE NELSON: Yes. Yes.

SENATOR KEVIN ELTIFE: Members, Senator Nelson moves adoption of floor amendment No. 12. It is acceptable to Shapiro. Is there objection? Chair hears none, floor amendment No. 12 is adopted. The following amendment. Secretary please read the amendment. I believe members this is the last amendment.

PATSY SPAW: Floor amendment No. 13 by Van de Putte.

SENATOR KEVIN ELTIFE: Senator Van de Putte to explain the amendment.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members, this amendment is the contents of Senate Bill 1872 the dropout recovery charter schools that passed out of the Senate on April 26th with 31 to 0. This is about recovering our dropouts and getting them to graduate and this bill is over in the House but with the calendar what it is, this is a little bit of insurance for something that would help save thousands of our students that are dropping out to have a chance to earn their high school diploma.

SENATOR KEVIN ELTIFE: Senator Shapiro on the amendment.

SENATOR FLORENCE SHAPIRO: It is acceptable.

SENATOR KEVIN ELTIFE: Members --

SENATOR FLORENCE SHAPIRO: Thank you for the work you've done on this, it's remarkable and we appreciate your work.

SENATOR LETICIA VAN DE PUTTE: Thank you, Senator.

SENATOR KEVIN ELTIFE: Members Senator Van de Putte moves adoption of floor amendment No. 13. It is acceptable to Shapiro. Is there objection? Chair hears none, floor amendment No. 13 is adopted. Thank you, Senator Van de Putte. I didn't tell the truth. We have one more amendment. Mr. Doorkeeper.

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

SENATOR KEVIN ELTIFE: Please admit the messenger.

MESSENGER: Thank you, Mr. President. Mr. President, I am directed by the House to inform the Senate the House has taken the following action, the House has passed the following measures, SJR14 by Van de Putte --

SENATOR KEVIN ELTIFE: Thank you, Mr. Messenger. Members, we're going to hold one minute for the last amendment. The following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 14 by Patrick.

SENATOR KEVIN ELTIFE: Senator Patrick to explain the amendment.

SENATOR DAN PATRICK: Yes Mr. President and members this is our charter school bill that we have passed twice out of this body. We passed it out this session without even 30 seconds of debate and I want to thank various senators from both parties that have helped us craft this bill and I am happy to go over the highlights of it if anybody wishes but it's the amendment bill we passed out of here two months ago.

SENATOR KEVIN ELTIFE: Senator Shapiro on floor amendment No. 4 by Patrick.

SENATOR FLORENCE SHAPIRO: It's acceptable, members. This again is a bill that has not gone anywhere and so we'll -- I am happy to accept it.

SENATOR KEVIN ELTIFE: Members Senator Patrick moves adoption of floor amendment No. 14. It is acceptable to Shapiro. Is there objection? Chair hears none, floor amendment No. 14 is adopted.

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

SENATOR KEVIN ELTIFE: Thank you, Senator Patrick. Senator Shapiro you're recognized for a motion.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President and members, Representative Eissler and I would like to pass to third reading of Committee Substitute to House Bill 6.

SENATOR KEVIN ELTIFE: Senator Shapiro and her sidekick move passage to third reading. Is there objection? 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, 12 nays, Committee Substitute House Bill 6 passes to third reading.

SENATOR FLORENCE SHAPIRO: Mr. President, could we hold at this point, please?

SENATOR KEVIN ELTIFE: Yes, Senator Shapiro. Thank you.

SENATOR FLORENCE SHAPIRO: Thank you very much.

SENATOR KEVIN ELTIFE: Thank you, Senator Shapiro. The Chair signs in the presence of the Senate the following.

PATSY SPAW: House Bill 2383, House Bill 2118, House Bill 2080, House Bill 1899, House 1814, House Bill 1573, House Bill 3803, House Bill 3531, House Bill 3510, House Bill 3372, House Bill 3342, House Bill 2973, House Bill 2959, House Bill 2907, House Bill 2902, House Bill 2716, House Bill 1469, House Bill 1137, House Bill 1127, House Bill 1075, House Bill 1057, House Bill 886, House Bill 875, House Bill 499, House Bill 442, House Bill 441, House Bill 417, House Bill 350, House Bill 252, House Bill 240, House Bill 169, House Bill 191, House Bill eight, House Bill 2609, House Bill 2518, House Bill 2507, House Bill 2488, House Bill 2476, House Bill 2417, House Bill 54, House Bill 61, House Bill -- no Senate Bill 54, Senate Bill 61, Senate Bill 67, Senate Bill 86, Senate Bill 116, Senate Bill 141, Senate Bill 149, Senate Bill 150, Senate Bill 32, Senate Bill 639, Senate Bill 690, Senate Bill 743, Senate Bill 796, Senate Bill 811, Senate Bill 851, Senate Bill 855, Senate Bill 162, Senate Bill 187, Senate Bill 189, Senate Bill 192, Senate Bill 193, Senate Bill 226, Senate Bill 260, Senate Bill 209, Senate Bill 335, Senate Bill 482, Senate Bill 494, Senate Bill 496, Senate Bill 512, Senate Bill 519, Senate Bill 530, Senate Bill 544, Senate Bill 626, Senate Bill 867, Senate Bill 886, Senate Bill 899, Senate Bill 957, Senate Bill 1,002, Senate Bill 1043, Senate Bill 1103, Senate Bill 1159, Senate Bill 1228, Senate Bill 1292, Senate Bill 1361, Senate Bill 1404, Senate Bill 1421, Senate Bill 1610, Senate Bill 1613, Senate Bill 1638, Senate Bill 1662, Senate Bill 1698, Senate Bill 1751, Senate Bill 1887, Senate Bill 1907, Senate Bill 1914, Senate Bill 1927, SCR16, SCR11, SJR16, and Senate Bill 1431.

SENATOR KEVIN ELTIFE: Senator Birdwell. Senator Birdwell House Bill 335. Senator Birdwell is recognized for a motion to suspend the regular order of business on House Bill 335.

SENATOR BRIAN BIRDWELL: Thank you, Mr. President and members, I move to suspend the Senate's regular order of business to take up and consider House Bill 335. Mr. President and members HB335 amends the government code to require state agencies to submit a report to the legislative budget board, governor, lieutenant governor, the speaker of the House and the appropriate standing legislative committees having jursidction over issues relating to health care. This bill will create a tool for communication between state agencies, the LBB and the legislature while providing government transparency to better inform Texans of the fiscal impact of the Protection and Affordable Care Act or any other federal health care mandates. Mr. President and members Senator Ellis and I have been working on two clarifying amendments which he is going to offer and are acceptable to the author. Mr. President and members, I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator West for what purpose?

SENATOR ROYCE WEST: Question of the Senate sponsor.

SENATOR KEVIN ELTIFE: Senator Birdwell yield?

SENATOR BRIAN BIRDWELL: Yes, sir, Mr. President I yield to Senator West.

SENATOR ROYCE WEST: Okay, Senator Birdwell. Let's kind of go through this. As it relates to implementation of the federal act. What did your bill require of state agencies?

SENATOR BRIAN BIRDWELL: It requires the state agencies to report the cost or savings associated with the implementation to be reported to the respective bodies but it did not prohibit the implementation of that report. That's the amendments that Senator Ellis and I are worked out, so I think you'll find the two amendments that he's put together will be agreeable to you.

SENATOR ROYCE WEST: Okay. Because the bill -- I think I voted against this bill. I know I voted against it.

SENATOR BRIAN BIRDWELL: Yes, you did in committee, yes, sir and I try to make this --

SENATOR ROYCE WEST: And I appreciate that, it's just because the bill as it left the committee required the agencies before they made any expenditures to implement the federal act to submit the information to LBB as I recall.

SENATOR BRIAN BIRDWELL: Yes, sir, that's correct and that's one of the amendments that Senator Ellis will offer to clarify that. Yes, sir.

SENATOR ROYCE WEST: Okay. And as this bill leaves the chamber with this particular amendment, do you plan on going to conference and allowing it to be stripped out?

SENATOR BRIAN BIRDWELL: I gave Senator Ellis my word and I give this body my word that those two amendments will stay on this bill.

SENATOR ROYCE WEST: Can you give me that word, sir?

SENATOR BRIAN BIRDWELL: As an officer and a gentleman and a Senator in this body my honor's resting ing on what comes out back out of there.

SENATOR ROYCE WEST: Then I am going to take that to the bank and use it as collateral. Thank you, sir.

SENATOR BRIAN BIRDWELL: Thank you, Senator West. I appreciate it.

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

SENATOR RODNEY ELLIS: Quick question.

SENATOR KEVIN ELTIFE: Quick question from Senator Ellis, Senator Birdwell.

SENATOR RODNEY ELLIS: Senator Birdwell.

SENATOR BRIAN BIRDWELL: Oh, I'm sorry.

SENATOR RODNEY ELLIS: Yes, sir, I am going to have just three amendments. Senator Watson had a good idea which I'm going to add as well and I think you may have seen that language but just for the members' benefit, the amendments that I am going to add, one will strike the requirement that a report be completed prior to implementation of any provision of health care reform and it replaces the language with the requirement that a report shall be submitted. The legislature and leadership would still maintain their authority as to whether or not a provision of health reform implemented or not. The reporting requirement prior to example of any provision of health reform puts an undue burden on state agencies. By making the report mandatory but not requiring it prior to implementation this body will not be prohibiting or putting undo barriers on our state agencies and I just want to point out to members that's one amendment. And the other one which is pretty much the same thing, it just hits another part of the bill. It will clarify that the statute will only apply to a provision of federal health reform implemented by state agency on or after the effective date of this legislation. So that the provision that is effect how so that my college graduate is on my insurance a bit longer, this waiting for this report which is in effect now from being continued. This amendment will ensure that that provision -- that provisions that are already in effect are not subject to undue reporting requirements as agencies have already taken steps to implement provisions. These provisions include those that TDI is enforcing through rules such as dependent coverage of young adults under 26 years of age, prohibiting preexisting conditions, coverage for children, as well as other popular provisions that went into effect in September 2010 and the last one which is language I sort of captured -- I took from Senator Watson make sure that we don't just look at the expenditure side but we also look at the revenue side as we go through this and we don't just look at the cost but we look at the savings and it will essentially require that we describe the amount of federal funding the agency uses to fund agency operations including each federal program from which the agency receives or is eligible for federal funding and the last part would describe the amount of any increase in federal funding including matching funds that will be available to the agency if a state funding agency operations will increase. Senator, I just want to make sure that these three are acceptable to you. We have discussed them.

SENATOR BRIAN BIRDWELL: Yes, sir. The first two that you and I spoke about, those are the ones that I will absolutely make sure that that in conference that we bring back the one that -- the third one. I do have a concern with. I think it's best to leave it to the body.

SENATOR RODNEY ELLIS: Okay.

SENATOR BRIAN BIRDWELL: Those are up there, yes, sir.

SENATOR RODNEY ELLIS: Just for members' benefits, I think with the litigation that the state is filing or has filed, which I happen to disagree with, obviously you agree with, a lot of this would come out in depositions anyway and I would assume that the governor who controls these agencies would require all of these agencies to cooperate with the attorney general for folks who are fighting this issue anyway. This simply codifies what I am assuming that a lawyer or the state's lawyer is going to require them to do anyway.

SENATOR BRIAN BIRDWELL: I believe so, but would codify it so in the interim that that is collected as we come into the next legislative sesion, so the state is ready to --

SENATOR RODNEY ELLIS: Okay. And Senator Lucio was just asking obviously you had an exchange with Senator West, which I wont go through again. You will preserve these as we go through the process -- I won't discuss that.

SENATOR BRIAN BIRDWELL: Yes, absolutely.

SENATOR RODNEY ELLIS: The first two -- the other one --

SENATOR BRIAN BIRDWELL: Absolutely. The other one, there's piece of it that I like from Senator Watson, leave to the body so I will leave that to the body to do so.

SENATOR RODNEY ELLIS: And the first two make the case that we're not saying that we -- the state of Texas will not have to implement the federal law until this report is ton, requiring the report is done. There's a lawsuit, you and I disagree, I'm for federal health care reform, you're against it, no question about that.

SENATOR BRIAN BIRDWELL: Right.

SENATOR RODNEY ELLIS: Okay, thank you.

SENATOR BRIAN BIRDWELL: Thank you, Senator Ellis.

SENATOR KEVIN ELTIFE: Members, Senator Birdwell has moved suspension of the regular order of business to take up and consider House Bill 335. 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: 21 ayes, seven nays, the rule suspended. The Chair lays out on second reading House Bill 335. The secretary will read the caption.

PATSY SPAW: House Bill 335 relating to implementation and requirements of certain health care reform laws.

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

PATSY SPAW: Floor amendment No. 1 by Ellis.

SENATOR KEVIN ELTIFE: Senator Ellis to explain the amendment.

SENATOR RODNEY ELLIS: Members, this is the amendment that I made reference to earlier. It strikes the requirement that a report be completed prior to implementation of any provision of health reform and replaces the language with (inaudible) shall be mitted. And it is -- I believe it is acceptable to the author.

SENATOR BRIAN BIRDWELL: It is acceptable Mr. President.

SENATOR RODNEY ELLIS: I move adoption.

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

SENATOR BRIAN BIRDWELL: It's acceptable Mr. President.

SENATOR KEVIN ELTIFE: Senator Ellis moves adoption of floor amendment number 1. It's acceptable to Birdwell. Is there objection? Chair hears none, so ordered. The following amendment.

PATSY SPAW: Floor amendment No. 2 by Ellis.

SENATOR KEVIN ELTIFE: Chair recognizes Senator Ellis on the amendment.

SENATOR RODNEY ELLIS: Let me just look and make sure I am going to read the script to the correct one. Okay. Thank you, Mr. President. This amendment clarifies that the statute will only apply to provision of federal health reform implemented by state agency on or after the effective date of this legislation. This amendment will ensure that provisions that are already in effect are not subject to undue reporting requirements as agencies have already taken steps to implement this provision. Those provisions and these provisions include those of TDI enforcing being rule such as dependent coverage for young adults under years of age, prohibiting preexisting conditions, coverage for children as well as popular conditions that go into effect in 2016 and I believe it's acceptable to the author.

SENATOR KEVIN ELTIFE: Senator Ellis --

SENATOR RODNEY ELLIS: I'm sorry, I'm sorry.

SENATOR KEVIN ELTIFE: I think you're describing the shorter amendment, and I think we passed out the longer amendment.

SENATOR RODNEY ELLIS: I'm sorry. This is the amendment that I made reference to that I borrowed from Senator Watson. It enforces this report that the agencies will do to look at the expenditure side as well as the regular side. The cost side is the same ide, it would require them to describe the amount of federal funding the agency uses operations including each federal program from which the agency receives or is eligible to receive federal funding and also describe the amounts of any increases in federal funding including matching funds that will be available to the agency if state funding for agencies were increased.

SENATOR KEVIN ELTIFE: Senator Watson do you wish to be recognized? Senator Birdwell on floor amendment No. 2.

SENATOR BRIAN BIRDWELL: This is the amendment in speaking with the Senator Ellis I will leave to the will of the body.

SENATOR KEVIN ELTIFE: Senator Watson for what purpose?

SENATOR KIRK WATSON: Question of the author of the amendment.

SENATOR KEVIN ELTIFE: Senator Ellis yield?

SENATOR RODNEY ELLIS: Gladly.

SENATOR KIRK WATSON: Senator Ellis, I just want to make sure we have talked about this before. Senator Birdwell's bill is related to having certain requirements as it relates to health care reform law and making sure that the public has information related to those -- that law and what this amendment did is clearlydy leanuate that is there would be some report on not just one side of the coin, in other words the expenditures, but it would also give the flip side of the coil and that would be money that came in under the federal health care law and likewise not just cost but also savings that might occur so that we in the legislature and the public would have a complete picture and then there's clarity in the bottom part of that where there would be description about the amount of any funding that's used -- federal funding that's used to fund state agencies. In other words it's a clarification of the bill that Senator Birdwell has to make sure we have all of the information that is correct.

SENATOR RODNEY ELLIS: Senator, that's great. Transparency, it's (inaudible) if you want to put a face on it and I can remember when Governor Bush was running for president people would make reference to us having such a large percentage of uninsured people and he made reference to a safety net. The emergency room. So I assume part of what would come out of this would be some would argue if you don't have access to health care in Texas, you get it. You show up at the Travis County Charity hospital to do it, Ben Taub in Houston. To show all of the numbers, transparency.

SENATOR KIRK WATSON: And in order for us to make sure we're making the right decisions, the bill itself is seeking reports from various state agencies regarding implementation and so what this would do is to make sure when we come back and we're looking at the numbers that we would have specificity.

SENATOR RODNEY ELLIS: That's right. It will show what we draw down from the federal government, maybe what we don't draw down, various matches come into play, just making sure you get the complete picture. Which I might say I would hope that those agencies would do on their own.

SENATOR KIRK WATSON: Well, as a matter of fact the comptroller recently she and I put out a press release announcing different transparency activity and one of the things she announced that she was going to do was set up a mechanism for state agencies to do just that with regard to federal funding. In fact very similar language to this amendment that you're offering so what this would do is for this specific agency for this specific area of law, it would codify it.

SENATOR RODNEY ELLIS: Senator, it would do it as kind of good government transparency. You have that. Senator Wentworth has done sufficient a good job of promoting throughout this session.

SENATOR KIRK WATSON: Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Watson. Members Senator Ellis moves adoption of floor amendment No. 2. Senator Birdwell will leave the adoption of the floor amendment No. 2 to the will of the body.

SENATOR BRIAN BIRDWELL: Yes, thank you.

SENATOR KEVIN ELTIFE: Members, is there objection to the adoption of floor amendment No. 2? Any objection to floor amendment No. 2 being adopted? Hearing none, floor amendment No. 2 is adopted. The following amendment. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 3 by Ellis.

SENATOR KEVIN ELTIFE: Senator Ellis to explain floor amendment No. 3.

SENATOR RODNEY ELLIS: Mr. President, this is the amendment that I was describing a minute ago, thinking it was the one you just reviewed, so I don't need to give it again. It is acceptable to the author.

SENATOR BRIAN BIRDWELL: Yes, Senator Ellis, this is the amendment that grandfauthers what we've already done to waive any reporting requirements for what's previously been done associated with implementation. This would simply codify only those reports that would begin September 1st of this year.

SENATOR RODNEY ELLIS: And it is acceptable to you.

SENATOR BRIAN BIRDWELL: Yes, sir, it is acceptable to the author, yes, sir.

SENATOR RODNEY ELLIS: Those are the magic words Senator.

SENATOR KEVIN ELTIFE: Senator Ellis moves adoption of floor amendment No. 3. It's acceptable to Birdwell. Is there objection to the adoption of floor amendment No. 3 in hearing none, floor amendment No. 3 is adopted. Senator Birdwell you're now recognized for a motion.

SENATOR BRIAN BIRDWELL: Mr. President I move passage of HB335 to third reading.

SENATOR KEVIN ELTIFE: Senator Birdwell now moves passage to third reading. Is there objection? Chair hears none, House Bill 335 is passed to third reading. Senator Birdwell, you're recognized for a motion to suspend the constitutional three day rule.

SENATOR BRIAN BIRDWELL: I think Mr. President this is -- given the vote that I had previously, I would need to hold here and wait until tomorrow to complete HB335.

SENATOR KEVIN ELTIFE: Correct. Thank you, Senator Birdwell.

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

SENATOR KEVIN ELTIFE: Senator Van de Putte, are you ready on 2329? Senator Van de Putte is recognized for a motion to suspend regular order of business on House Bill 2329.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. 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 2329 by Representative Zettler. Members this deals with protective orders and pseudonyms for human trafficking victims. This bill creates specific provisions to help ensure that the rescued victims of human trafficking feel safe and confident to help and aid our law enforcement officials in prosecuting their traffickers. The bill allows for victims of human trafficking to receive a protective order and a pseudonym. Members I will have an amendment that will deal with the confidentiality of shelters that set up specifically for victims of trafficking. We have very few of these, safe houses and more to be set up throughout the state and then we will are an amendment that I will take from Senator Estes that will clarify that a protective order may be available for the duration and I will look forward to having those two amendments. With that I suspend -- move to suspend the Senate's regular order of business.

SENATOR KEVIN ELTIFE: Senator Van de Putte moves suspension of the regular order of business to take up and consider House Bill 2329. Senator Patrick do you wish to be recognized or was that an accident over there? Okay, thank you. Members, you heard the motion by Senator Van de Putte to suspend the regular order of business business on House Bill 2329. Is there objection? Chair hears none, rules are suspended. Chair lays out on second reading House Bill 2329. The secretary will read the caption.

PATSY SPAW: House Bill 2329 relating to confidentiality of certain information regarding victims of trafficking of persons.

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

PATSY SPAW: Floor amendment number # by Van de Putte.

SENATOR KEVIN ELTIFE: Senator Van de Putte to explain floor amendment No. 1.

SENATOR LETICIA VAN DE PUTTE: Thank you, Mr. President. Mr. President and members this amendment is what I referenced earlier. And right now just as we have family violence shelters that are protected because of the address, this would add that the victims of trafficking shelter center, these are some of those safe House, some of them are operated by public, but we've got some private nonprofits that are being established in the Houston, Dallas and San Antonio area and this would allow the confidentiality of those shelters just like we do the sexual assault and family violence shelters. Move adoption.

SENATOR KEVIN ELTIFE: Members Senator Van de Putte 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 Estes.

SENATOR KEVIN ELTIFE: Senator Estes to explain floor amendment No. 2.

SENATOR CRAIG ESTES: Thank you, Mr. President and members, members this amendment designed to make sure people who get long-term protective orders issued against them under this bill have actually been convicted of trafficking. While protective orders are nice to protect victims they also take a lot of rights like our 2nd amendment right to keep and bear arms. So this amendment would make sure that when we take these rights away on a long-term basis we're taking them away from somebody who's actually been convicted of the conduct they're being punished for. The amendment provides that a protective order issued before the alleged offender's trial will expire if he is acquitted or the charges are dismissed. And then after the defendant is convicted, the court can issue a permanent order against him and it still allows the courts to issue temporary emergency protective orders without notice or hearing and I believe this amendment is acceptable to the author.

SENATOR KEVIN ELTIFE: Senator Van de Putte on floor amendment No. 2.

SENATOR LETICIA VAN DE PUTTE: The amendment is acceptable.

SENATOR KEVIN ELTIFE: Senator Estes moves adoption of floor amendment No. 2. It is acceptable to Van de Putte. Is there objection? Chair hears none, floor amendment No. 2 is adopted. Thank you, Senator Estes. Senator Van de Putte you're recognized for a motion.

SENATOR LETICIA VAN DE PUTTE: Thank you. I move House Bill 2329 as amended to third reading.

SENATOR KEVIN ELTIFE: Senator Van de Putte moves passage to third reading. Is there objection? Chair hears none, House Bill 2329 as amended 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: 30 ayes, zero nays, the rule is suspended. Chair lays out on third reading and final passage House Bill 2329. The secretary will read the caption.

PATSY SPAW: House Bill 2329 relating to confidentiality of certain information regarding victims of trafficking of Americans.

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

SENATOR LETICIA VAN DE PUTTE: I move final passage of House Bill 2329 as amended.

SENATOR KEVIN ELTIFE: Senator Van de Putte moves final passage of House Bill 2329 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: 30 ayes, zero nays, House Bill 2329 is finally passed.

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

SENATOR KEVIN ELTIFE: Congratulations Senator Van de Putte. Senator Hegar is recognized for a motion to suspend the regular order of business on House Bill 2792.

SENATOR GLENN HEGAR: Thank you, Mr. President and members, House Bill 2792 would allow Aransas county navigation district commisino to determine the amount of a check or a bond a bidder must submit with the purchase of land and I would move to suspend the Senate's regular order of business to take up and consider House Bill 2792.

SENATOR KEVIN ELTIFE: Senator Hegar moves suspension of the regular order of business to take up and consider House Bill 2792. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading House Bill 2792. The secretary will read the caption.

PATSY SPAW: House Bill 2792 relating to the power of the Aransas county information district to determine the amount of check or bond necessary to purchase land from the district.

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

SENATOR GLENN HEGAR: Move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Hegar now moves passage to third reading. Is there objection? Chair hears none, House Bill 2792 is passed to third reading. Senator Hegar recognized for a motion to suspend the constitutional three day rule.

SENATOR GLENN HEGAR: 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: 30 ayes, zero nays, the rule is suspended. The Chair lays out on third reading final passage House Bill 2792. The secretary will read the caption.

PATSY SPAW: House Bill 2792 relating to the power of the Aransas county navigation district to determine the amount of a check or bond necessary to purchase land for the district.

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

SENATOR GLENN HEGAR: Move final passage of House Bill 2792.

SENATOR KEVIN ELTIFE: Senator Hegar now moves final passage of House Bill 2792. 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, zero nay, House Bill 2792 is finally passed. Congratulations Senator Hegar. Senator Seliger you're recognized for a motion to suspend the regular order of business Committee Substitute House Bill 2663.

SENATOR KEL SELIGER: Thank you, Mr. President I move to suspend the regular order of business to take up and consider House Bill 2663 at this time. Relating to the effect of the rules and standards adopted by the Railroad Commission relating to the liquefied petroleum gas on rules adopted by political subdivisions. Theories regarding the use of liquefied gas primarily propane in different counties and cities have different regulation regarding them and it creates a confusing sort of situation. This bill makes standards adopted by the Railroad Commission supercede conflicting local regulations. I move suspension.

SENATOR KEVIN ELTIFE: Senator Seliger moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 2663. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute House Bill 2662. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 2663 relating to the effective rules and standards occupied by the Railroad Commission of Texas.

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

SENATOR KEL SELIGER: Mr. President I move passage to third reading of Committee Substitute to House Bill 2663.

SENATOR KEVIN ELTIFE: Senator Seliger moves passage to third reading. Is there objection? Chair hears none, Committee Substitute House Bill 2663 is passed to third reading. Senator Seliger is 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: Secretary 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, 30 nays, the rule is suspended. The Chair lays out on third reading final passage House Bill 2663. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2663 relating to the effective certain rules and standards adopted by the Railroad Commission.

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

SENATOR KEL SELIGER: Mr. President I move final passage of Committee Substitute to House Bill 2663.

SENATOR KEVIN ELTIFE: Senator Seliger now moves final Committee Substitute to House Bill 2663. 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, zero nay, Committee Substitute to House Bill 2663 is finally passed. Congratulations Senator Seliger.

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

SENATOR KEVIN ELTIFE: Senator West is recognized for a motion to suspend the regular order of business Committee Substitute to House Bill 400.

SENATOR ROYCE WEST: Thank you very much Mr. President and members, at this time I move to suspend the Senate's regular order of business to take up and consider Committee Substitute House Bill 1400. Members this bill makes several changes to existing statute regarding public improvement districts specifically requested by the city of Dallas. So it's a local bill. It also adds requirements that certain cities and counties ensure the financial liability of projects prior to the issuance of bonds and also have an amendment for the by the attorney general that I hope to offer. I move suspension.

SENATOR KEVIN ELTIFE: Senator West moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 1400. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute to House Bill 1400. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1400 relating to the boundaries and financing of public improvement district designated by a municipality or county.

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

PATSY SPAW: Floor amendment No. 1 by west.

SENATOR ROYCE WEST: Members this amendment was offered by the office of the attorney general and as used in the bill to term economic feasibility is broader than the legal -- authority to issue and pay its obligations s. The amendment language brings the rule making provision including the plush. Of debt conch in line with current practices of the public finance division. I move adoption.

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

SENATOR ROYCE WEST: Move passage to third reading.

SENATOR KEVIN ELTIFE: Senator West moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 1400 as amended is passed to third reading. Senator West you're recognized for a motion to suspend the constitutional three day rule.

SENATOR ROYCE WEST: 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: 30 ayes, zero nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 1400. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1400 relating to boundaries and financing of public improvement districts.

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

SENATOR ROYCE WEST: Mr. President I move final passage of House Bill 1400.

SENATOR KEVIN ELTIFE: Senator West new moves final passage of Committee Substitute to House Bill 1400 as amendmented. 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 and zero nays, Committee Substitute to House Bill 1400 as amended is finally passed. Congratulations Senator West.

SENATOR KEVIN ELTIFE: Senator Rodriguez, you're recognized for a motion to suspend the regular order of business House Bill 963.

SENATOR JOSE RODRIGUEZ: Thank you, Mr. President and members, House Bill 963 amends current law relating to the cost associated with proceedings regarding curelly treated animals. Result of legislation passed last session. Current law allows an appeal of cases (inaudible) cruelly treated animals. Under this law an owner who has been indicted for ownership of his animals by cruelly treating this is a one time appeal from a justice court, municipal court, or municipal court of records or county court of law. Numerous issues have arisen as to the timing of the various steps in the appeal process president amount of type of appeal bond needed to assure the cost of caring for the animals by the government agency. Also since these cases are tried in justice courts, municipal courts, and municipal courts of record which all have different requirements for appeals, the appeal process is often confusing. House Bill 963 will standardize the process and procedures for appeals whether the appeal is from a justice core, a municipal court or a municipal court of order. It will expedite the appeals to that the animals are not held in limbo for an extended period of time, it will also provide adequate security for the cost incurred by government agency or nonprofit. Animal welfare organizations taking care of the animals during the litigation 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 963.

SENATOR KEVIN ELTIFE: Senator Rodriguez moves suspension of the regular order of business to take up and consider House Bill 963. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading House Bill 963. The secretary will read the caption.

PATSY SPAW: House Bill 963 relating to the cost associated with proceedings regarding cruelty treated animals.

SENATOR KEVIN ELTIFE: Senator Rodriguez recognized for a motion.

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

SENATOR KEVIN ELTIFE: Senator Rodriguez now moves passage to third reading. Is there objection? Chair hears none, House Bill 963 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 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: 28 ayes, one nay, the rule is suspended. The Chair lays out on third reading and final passage House Bill 963. The secretary will read the caption.

PATSY SPAW: House Bill 963 relating to cost associated with proceedings with regard to cruelty treated animals.

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 moves final passage of House Bill 963. 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: 28 ayes, one nay, House Bill 963 is finally passed.

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

SENATOR KEVIN ELTIFE: Congratulations Senator Rodriguez. Senator West you're recognized for a motion to suspend the regular order of business on Committee Substitute House Bill 2761.

SENATOR ROYCE WEST: Thank you very much Mr. President. Mr. President and members at this time I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 2761. Members, the language in House Bill 2761 should lock familiar it's the language we passed off the Senate floor back in April regarding open meeting, open records requirement for homeowner's association. The House Bill adds requirements that the association provides books and records to homeowners that the association cannot keep books and records with an attorney to avoid foreclosure in order to insure balance, the bill authorizes associations to charge for learning request after providing an estimate to the cost to a homeowner. Move suspension.

SENATOR KEVIN ELTIFE: Senator West moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 2761. Is there objection? Chair hears none, the rules are suspended. The Chair lays out on second reading Committee Substitute to House Bill 2761. The secretary will read the caption.

PATSY SPAW: Committee substitute to House Bill 2761 relating to meetings, elections and records of certain property owner's association.

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

PATSY SPAW: Floor amendment No. 1 by West.

SENATOR KEVIN ELTIFE: Senator West to explain the amendment.

SENATOR ROYCE WEST: Thank you very much Mr. President. This amendment contains the language in Senate Bill 472 which passed on the local calendar in March. Senate Bill 142 both which are on the now ever expanding House calendar. Specifically the amendment grants homeowners the ability to request a recount of the association vote. It provides homeowners who have previously felt left out of the decision making process by their homeowner's association board. Confident that their voice is heard those provisions and dedicatory instruments that disqualify homeowner's from voting in any or the of election or running for a position on the board and it prohibits self-perpetuation of boards. I move adoption of the amendment.

SENATOR KEVIN ELTIFE: Senator Nelson for what purpose?

SENATOR JANE NELSON: Senator West, I'm not sure what this is. Is this a bill that passed already?

SENATOR ROYCE WEST: Yes.

SENATOR JANE NELSON: Can you tell me -- was there any opposition, did it --

SENATOR ROYCE WEST: Here in the Senate, no there was no opposition. It was Senate Bill 472.

SENATOR JANE NELSON: Okay and we passed it unanimously?

SENATOR ROYCE WEST: It passed on the local calendar back in March.

SENATOR JANE NELSON: Okay can you tell me just a little bit about what this does? I don't remember seeing this because probably it was on local.

SENATOR ROYCE WEST: What it does -- and I'll slow down. It puts into a provision to allow some instances where we had homeowners complaining, they complained about the ability to get a recount on election if they thought something was wrong. We put in place a process in order to do that. There was some dedicatory instruments from homeowners associations that disqualified people from running for the board. There was also some provisions in these dedicatory instruments that basically allowed self-perpetuation of the board itself --

SENATOR JANE NELSON: What committee did this go through?

SENATOR ROYCE WEST: IGR.

SENATOR JANE NELSON: Did anybody testify against?

SENATOR ROYCE WEST: No.

SENATOR JANE NELSON: Okay. Okay. Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Thank you, Senator Nelson. Members Senator West has moved adoption of floor amendment No. 1. Is there objection? Chair hears none, floor amendment No. 1 is adopted. Senator West you're recognized for a motion.

SENATOR ROYCE WEST: Move passage to third reading.

SENATOR KEVIN ELTIFE: Senator West now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 2761 as amended is passed to to third reading. Senator West you're recognized for a motion to suspend the constitutional three day rule.

SENATOR ROYCE WEST: 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: 30 ayes, zero nays, constitutional rule is suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 2761. The secretary will read the caption.

PATSY SPAW: Committee substitute to House Bill 2761 relating to meetings, elections and records of certain property owner's association.

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

SENATOR ROYCE WEST: Mr. President at this time I move final passage of Committee Substitute to House Bill 2761.

SENATOR KEVIN ELTIFE: Senator West now movings final passage of Committee Substitute to House Bill 2761. 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, zero nays, Committee Substitute to House Bill 2761 is finally passed. Congratulations Senator West. Senator Davis recognized for a motion to suspend the regular order of business on House Bill 2872.

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 2872. Recreational reak and tow truck hows are held on Saturday and Sundays throughout the state but under current law the vehicles can be sold or offered to be old on only one of those days. There's concern that the law also prohibits prices from even being quoted or posted at the shows on the nonsale day. HB2872 seeks to allow -- RV and tow truck shows to quote prices on both days of a show and still would allow them only to make a purchase on one of those days. HB2872 was voted unanimously out of the transportation committee and passed out of the House on the local and consent calendar. Mr. President I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Davis now moves suspension of the regular order of business the take up and consider House Bill 2872. Is there objection? Chair hears none, rules are suspended. The Chair lays out on second reading House Bill 2872. The secretary will read the caption.

PATSY SPAW: House Bill 2872 relating to the restrictions on the sale of certain motor vehicles at vehicle shows or exhibition.

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

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

SENATOR KEVIN ELTIFE: Senator Davis now moves passage to third reading. Is there objection? Chair hears none, House Bill 2872 is now passed to third reading. Senator Davis recognized for a motion to suspend the constitutional three day rule.

SENATOR WENDY DAVIS: 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: 29 ayes, one nay, House Bill 2872 is moved to third reading. The Chair lays out second reading of House Bill 2872. The secretary will read the caption.

PATSY SPAW: House Bill 2872 relating to retrikeses on the sale of certain motor vehicles at vehicle shows or exhibition.

SENATOR KEVIN ELTIFE: Senator Davis recognized for a motion.

SENATOR WENDY DAVIS: Thank you, Mr. President. I move final passage of House Bill 2872.

SENATOR KEVIN ELTIFE: Senator Davis now moves final passage of House Bill 2872. 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, 1 nay, House Bill 2872 is finally passed. Congratulations Senator Davis.

SENATOR WENDY DAVIS: Thank you, Mr. President, thank you members. The Chair lays out as a matter of postponed business House Bill 2466. Members we're on floor amendment No. 1. Members, you have the amendment from earlier today. We're going to recognize Senator Hegar on the amendment. Senator Hegar this was floor amendment No. 1 on Carona's House Bill 2466.

SENATOR GLENN HEGAR: Oh, yeah, I would move adoption. This is an amendment we talked about earlier Mr. President.

SENATOR KEVIN ELTIFE: Senator Hegar moves adoption of floor amendment No. 1. Senator Carona.

SENATOR JOHN CARONA: It's acceptable.

SENATOR KEVIN ELTIFE: It's acceptable to Senator Carona. Members Is there objection? Chair hears none, floor amendment No. 1 is adopted. Senator cay roughal is now recognized for a motion.

SENATOR JOHN CARONA: Mr. President I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Carona moves passage to third reading. Is there objection? Chair hears none, House Bill 2466 is passed to third reading. Senator Carona is now recognized for a motion to suspend the constitutional three day rule.

SENATOR JOHN CARONA: 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: 30 ayes, zero nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2466. The secretary will read the caption.

PATSY SPAW: House Bill 2466 relating to licensing and operations of motor vehicles by minors.

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

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

SENATOR KEVIN ELTIFE: Senator Carona now moves final passage of House Bill 2466 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: 30 ayes, zero nays, House Bill 2466 is finally passed. Congratulations Senator Carona. Senator Zaffirini is recognized for a motion to suspend the regular order of business on Committee Substitute House Bill nine.

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 nine by Representative Dan Branch relating to student success based funding and reported regarding public institutions of huger education. Members this is a very carefully negotiated bill that we had left pending in the higher education committee. We worked on one Committee Substitute after another and we're trying to keep it amendment free except for an amendments that a perfecting amendment to clarify this discussoin that we had at our committee meeting and it will be sponsored by Senator Watson. Generally members this a bill that would ensure that formula funding policies are aligned with educational goals that note the legislative intent that student outcomes are critical to state competitiveness in the state's general welfare. It would reconfigure the membership of the

(inaudible) state's board advisory committee to reflect institutional diversity. It would clarify that the recommendations must be made inside and outside of base formula and it would allow the coordinating board when makings its formula forming recommendations to consider undergraduate students success measures including but not limited to a number of different criteria including the total number of bachelors degree. The formula funding recommendations made inside the base formula it limits these recommendations to no more than 10 percent of base funding and prohibits any reduction to graduate education funding. The coordinating board must consult with institutions of higher education on a biennial basis when it reviews the student success measures and finally the board is required to submit to the joint oversight committee on higher education governance, excellence and transparency a report concerning best practices for improving student outcome and higher education governance, administration and transparency. This bill has the forth of the governor, the business community, the hugings committee, and was carefully crafted to assure consensus among the various stakeholders. Mr. President I move suspension.

SENATOR KEVIN ELTIFE: Senator Seliger for what purpose?

SENATOR KEL SELIGER: Question of the author or author.

SENATOR KEVIN ELTIFE: Senator Zaffirini yield?

SENATOR JUDITH ZAFFIRINI: I do.

SENATOR KEL SELIGER: Thank you, Senator Zaffirini. We addressed this in great length when it came to community colleges but don't we run the risk even with the cuts to higher education in this program of actually reducing their base funding even further?

SENATOR JUDITH ZAFFIRINI: No this does not because this does not deal without space funding per se instantly. It allows the coordinating board to make recommendations to the legislature for our consideration and to provide alternatives including inside and outside based funding and specifically for, junior colleges outside the formula.

SENATOR KEL SELIGER: Okay thank you. Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Senator Zaffirini has moved suspension of the regular order of business to take up and consider Committee Substitute to House Bill nine. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading Committee Substitute to House Bill 9. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 9 relating to student success based funding for a reporting regarding public institution of higher education.

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

PATSY SPAW: Floor amendment No. one by Watson.

SENATOR KEVIN ELTIFE: Senator Watson to explain the amendment.

SENATOR KIRK WATSON: Thank you, Mr. President. Members floor amendment No. 1 addresses as Senator Zaffirini just indicated some of the discussion we had in the committee regarding the recommendations on outcomings base funding made to the legislature by the coordinating board. She and I want to say publicly thank you to the Chair because she really did, this is a very carefully crafted bill as she pointed out. There's a lot of different work that went in trying to get it to where it is now but we do need this clarifying amendment. Some of the discussion particularly some of the discussion that Senator West brought up, Chair Zaffirini and I relate to making sure the recommendations are both inside and outside the formula. So what this amendment does is it confirms and clarifies the intent that recommendations for funding made by the coordinating board should be for both inside formula funding and outside the formulas. I move adoption of amendment No. 16789.

SENATOR KEVIN ELTIFE: Senator Zaffirini on amendment No. 1.

SENATOR JUDITH ZAFFIRINI: It is a clarifying amendment. Is it certainly is acceptable Mr. President. Thank you, Senator Watson.

SENATOR KEVIN ELTIFE: Member, Senator Watson has moved adoption of floor amendment No. 1. It is acceptable to Zaffirini. Is there objection? Chair hears none, floor amendment No. one is adopted. Thank you, Senator Watson. Senator Zaffirini you're recognized for a motion.

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

SENATOR KEVIN ELTIFE: Senator Zaffirini now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute to House Bill 9 as amended 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 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, and zero nays, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 9. The secretary will read the caption.

PATSY SPAW: Committee substitute House Bill 9 relating to student success based funding.

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

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

SENATOR KEVIN ELTIFE: Senator Zaffirini moves final passage of Committee Substitute to House Bill 9 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: 30 ayes, zero nays, Committee Substitute to House Bill 9 is finally passed. Congratulations Senator Zaffirini.

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

SENATOR KEVIN ELTIFE: Senator Fraser you're recognized for a motion to suspend the regular order of business on House Bill 91.

SENATOR TROY FRASER: Mr. President and members, I now move to suspend the regular order of business to take up and consider House Bill 971. The original bill removes the requirement that a utility designate a preferred route for transmission line when applying to the PUC for a CCN which has been confusing for landowners participating in the process. There's going to be a committee amendment that I will be laying out. Members there's been a lot of discussion on this amendment. The amendment has to do with the -- House Bill 971 was -- the amendment was laid out because of written court case called into question the utilities ability to condemn certain land held by certain governmental entities when the PUC tells the utility to build over sufficient land. The amendment clarifies that when the PUC grants a CCN for a line, a utility may for necessary condemn the effected public land. I would now move to suspend the regular order of business to talk were and consider House Bill 971.

SENATOR KEVIN ELTIFE: Members Senator Fraser moves suspension of the regular order of business to talk were and consider House Bill 971. Senator Davis for what purpose?

SENATOR WENDY DAVIS: Thank you, Mr. President I have a question of the author of the bill.

SENATOR KEVIN ELTIFE: Senator Fraser yield?

SENATOR WENDY DAVIS: I will yield.

SENATOR WENDY DAVIS: And I'm sorry Senator Fraser I am going to have to try to find it in this mess that's on my desk. It's my understanding that you intend to offer an amendment to this bill correct.

SENATOR TROY FRASER: That is correct.

SENATOR WENDY DAVIS: Okay and the bill itself the under lying bill can you describe for a moment what the underlying bill does.

SENATOR TROY FRASER: Senator, one minute please.

SENATOR WENDY DAVIS: I think I know the answer. I think the underlying bill provides that the commission may not require an applicant to designate a preferred out for proposed transmission lines facility but it was my understanding that that actually has been taken care of through a rule at the PUC.

SENATOR TROY FRASER: That is correct.

SENATOR WENDY DAVIS: Okay and so essentially the reason we want to pass the bill is really the amendment.

SENATOR TROY FRASER: That is correct.

SENATOR WENDY DAVIS: Okay. And so I have some questions for you about the amendment before we move to suspend and you and I had this conversation earlier and I think you were going to try to do some work on it and I want to see if we were able to get anywhere with it. So the amendment as I understand it basically is going to provide new language in terms of authority that would be granted to the PUC in allowing a transmission line to be placed. That's broader than currently exists because what it would do essentially is wipe out sovereign immunity as a method by which a governmental entity could refuse to allow the placement of a transmission line and instead it would super seed that sovereign immunity through the use of eminent domain authority that would now override the sovereign immunity interest of government or quasi governmental entities.

SENATOR TROY FRASER: And I described yo you, the issue we're trying to address right now is what has always been understood is the public has always addressed whenever they issue an order for a transmission line. The issue's been called in question is the fact that because there are numerous entities now that can obtain sovereign immunity for condemnation and the example I would wrus is that if someone wanted to form a water supply company, it would be as simple as regular three people put together a water supply company, they get granted that authority, they get condemnation rights and then they could then use the condemnation rights to stop the building of a transmission line or they could hold it up trying to defleece the line, try to get a big award several hundred thousands dollars just because they had that right and then that right would be added into to the cost the line. So basically people could use this, that cost of the line, that cost would then be added on to the transmission cost then it would end up costing people higher electric bills.

SENATOR WENDY DAVIS: Well, I don't think it's that the quasi governmental entity is using eminent domain to block it, I think what it is that they're using sovereign immunity to mock the use of eminent domain and I think you are correct, there were instances where it looks like there's been some abuse of that where there's been a creation of a quasi governmental entity specifically for the purpose of increasing the price or the cost of placing the transmission line and essentially creating a negotiating tool, a bargaining tool by virtus of the quasi governmental entity. That's created a problem and I understand the problem that you're trying to fix but I am concerned about the solution. It's my understanding that right now the PUC already has the authority to approve a request in order to support the reliability of the grid. And PUC also has the authority to approve a request where they feel it will mitigate market power and those tools are already in existens for the PUC and it's also the case that in current law section 184.010 of the utility code provides that an electric company has the right and the power to enter on, condemn and appropriate land, right of way easement or other property of any person or appropriation, in other words they already have eminent domain authority. Where they don't have absolute eminent domain authority is as it applies to governmental entities or quasi governmental entities because they have sovereign immunity. I am concerned that in the language of your amendment and I know the members don't have the amendment, I don't know if it would be helpful to go and pass it out because absolutely this bill real is about the amendment. So if we move to suspend I want to make sure we all understand what we're doing here. The language in the amendment creates a broader category by which a transmission company would be allowed the use of eminent domain authority. Not only providing it to address reliability needs or market power but it would also provide this ability to ensure competitiveness of electricity markets. What did that mean to assure competitiveness of electricity market and how will that be defined and interpreted?

SENATOR TROY FRASER: There's a lot of reasons that the PUC -- there's a lot of reasons that the PUC would choose to build a transmission line that they address, as you aid, the first two items but also they're charged with making sure that it's competitive and there's the ability to deliver power into a market. So it is one of the things that would be considered in the building of transmission lines.

SENATOR WENDY DAVIS: Okays. Senator Watson just corrected my understanding, this amendment that we're talking about actually already was added in committee so it is part of the bill that you're laying out right now and the members do have the language --

SENATOR TROY FRASER: Mr. President, I'm sorry, I am having trouble hearing because of background noise.

SENATOR KEVIN ELTIFE: Members, could we have a little order in the chamber. thank you.

SENATOR WENDY DAVIS: My concern, Senator Fraser, is that now we've opened up this new category by which the PUC could allow the placement of a new transmission line and the new category is in order to assure transmission of the electricity market, and it also is allowing the use of eminent domain now to an electric corporation that would extend to all public and private land to which the commission has approved the creation of the line regardless of existing sovereign immunity defenses that existed. And so it's opening up in order to address the situation where there's been some abuse where the creation of a quasi governmental entity has been created in order to try to block the placement of a transmission line, my concern is that in trying to solve that problem we're putting a very broad solution on the table that's essentially taking sovereign immunity away from governmental entities and quasi governmental entity and their ability to resist eminent domain authority where they're no longer going to have them put in the process.

SENATOR TROY FRASER: And I'm sorry, I just disagree with your interpretation of that.

SENATOR WENDY DAVIS: When you and I talked about earlier what we suggested was perhaps instead we would look at a process whereby the PUC would require that a transmission company negotiate in good faith with a governmental or quasi governmental entity that had sovereign immunity and that only if the governmental or quasi governmental entity hadn't shown good faith and a willingness to provide alternative placement of that line, that then the eminent domain authority would be provided. Why is that not a better way to do this than this broad solution?

SENATOR TROY FRASER: Senator, once again we're not breaking new ground here, this -- we're not breaking new ground here. All we're attempting to do is to put in place, this is not new to law, we're just trying to clarify that this has always been the policy of the commission. The things you're outlawing now is already done. The commission already does these things, this is not new law, we're just clarifying this has already been the procedures in place and we feel the need to clarify it right now because of the legal challenge.

SENATOR WENDY DAVIS: Senator Fraser, the language of the bill provides that eminent domain authority which is 181.004 will now extend to all public and private land on which the commission has approved the creation of the line and so I do believe -- we wont -- this language won't even be necessary if it weren't doing something and what it's doing is it is providing a power, it is providing a tool that's not there and here are the two things that will occur as a consequence of that. No. 1, the amendment is now going to allow an electric utility to condemn a taxpayer's private property for a purpose that doesn't currently exist under the law and the purpose again that doesn't currently exist under the law is to ensure the competitiveness of electricity markets. We don't even know what it means. It's not even a defined term and the second problem with this that it's going to take away the constitutional rights of public entities to assert legal defenses that are currently available to them in the condemnation proceedings through their sovereign immunity tools and then I understand the problem that you're trying to fix but I am afraid that we're causing harm to private property rights as a consequence of this and we're also overstepping into and stepping over the sovereign immunity authorities of governmental and quasi governmental entities in the process of doing it.

SENATOR TROY FRASER: And I disagree with your interpretation.

SENATOR WENDY DAVIS: Earlier this session SB18 by Senator Estes and Geren passed unanimously and I think overwhelmingly the Senate floor and it did that because we were trying to enhance private property rights and thwart the use of eminent domain and -- that was overreaching and I am very concerned that in this particular committee amendment that was added to the House Bill 971 this committee amendment is going to move us backwards and it's actually going to be counter the work that we did earlier this session to try to be protective of those private property rights.

SENATOR TROY FRASER: And I am being advised that they disagree with that -- on your opinion on that.

SENATOR WENDY DAVIS: On line 20 of the amendment do you believe that that waives the sovereign immunity of governmental bodies?

SENATOR TROY FRASER: Would you rephrase that please?

SENATOR WENDY DAVIS: Yes. Line 20 of the amendment says that now 181.004 which is condemnation authority that that authority will not extend to all public land on which the commission has approved the construction of the line. Currently there's sovereign immunity that public land enjoys. Is this going to wipe out that sovereign immunity?

SENATOR TROY FRASER: This -- the -- what we're explaining here is what is the current policies of the public utilities commission. It is the policy that we have always used in the granting of transmission lines. We are not in any way changing anything in the law. We're just endorsing what they have always done. This has been the policy of the way they've done transmission lines forever.

SENATOR WENDY DAVIS: I guess the question I would have then, Senator, if we're only endorsing the practice we have in place why would we do this? Particularly where I think some very valid concerns have been raised about the dim in addition of private property rights that might occur under this and the waving of sovereign immunity that might occur under this new category of ensuring the competitiveness of electricity markets, again a term that isn't even defined, we have no idea how it will be interpreted and applied.

SENATOR TROY FRASER: It is not a new category and all we're trying to do, as I said, in my opening remarks we have some people that have been very creative in conforming these quasi government entities like these water supply groups and they have be allowed a challenge. What we don't want them to do is to run the electric cost up to the people of Fort Worth and other parts of the state that you know by doing this we ensure there will not be an additional cost by frivolous attempts by people to come in and try to intervene and basically fleece the cost by an appeal in a rate case where -- you know that's really what we're trying to ensure that that doesn't happen.

SENATOR WENDY DAVIS: And again I understand the problem that you're trying to correct but it's my belief that we are overreaching and we are going to have unintended consequences, consequences that I know you do not intend, Senator, on intrusion into private property rights and on the depletion of sovereign immunity defenses that currently exist in these transactions and I won't be able to support your bill. Thank you, Senator.

SENATOR KEVIN ELTIFE: Senator Carona for what purpose?

SENATOR JOHN CARONA: Will the gentleman yield?

SENATOR TROY FRASER: I will gladly yield.

SENATOR JOHN CARONA: You know, Senator, a lot of discussin has taken place over several minutes but doesn't this just boil down to protecting rate payers from extortion by those entrepreneurs who have found a quick way to make a buck?

SENATOR TROY FRASER: You have capitalized exactly what we're trying to do.

SENATOR JOHN CARONA: And what we're trying to do here isn't harmful for consumers, it's just the opposite. This is to help make sure that rates stay low and reasonable; isn't that right?

SENATOR TROY FRASER: That is exactly right.

SENATOR JOHN CARONA: Thank you, Senator.

SENATOR TROY FRASER: Thank you.

SENATOR KEVIN ELTIFE: Senator Huffman for what purpose?

SENATOR JOAN HUFFMAN: Permission to question the author.

SENATOR KEVIN ELTIFE: Senator Fraser yield?

SENATOR TROY FRASER: Yes.

SENATOR JOSE RODRIGUEZ: Senator Fraser, I was listening to you and Senator Davis' debate and I am concerned about what we're doing here and perhaps I don't fully understand it but I want to ask a few questions. Now, when she was asking you about what the intent -- your intent was you mentioned that they -- you said had told you that's not what you were doing. Who is they? Were you talking about the PUC or who were you talking about?

SENATOR TROY FRASER: I am sorry, Senator, tell me again --

SENATOR JOAN HUFFMAN: I'm concerned about who is telling you -- I agree with what Senator Davis is saying as I understand it and -- but perhaps I am misunderstanding. So when you say they told you that's not what it does, I am asking you who is they? Is it the PUC or is it someone you've been working with, I'm trying to understand this.

SENATOR TROY FRASER: The answer is yes to all of the above questions. In crafting this what I've tried to do is ask questions on this making sure there is no unintended consequences. I have talked to the chairman of the PUC commission extensively about this, multiple conversationings, I've had conversations with the technical director at the public utility commission and has been working on this for a long time. We have talked about on the eminent domain issue. You know, actually we had lengthy conversations with Senator Estes and his staph, we had people looking making sure what this means and we have had numerous lawyers that have looked at this, obviously the people that are interested in this are the lines companies of which the two big ones in Texas are Encore and Center Point they have also looked at the issue trying to look at how this would be impacted. So the answer is yes to all the above. We have done -- since this issue, you know, I've been watching this for a while realizing we probably need to address it and since we've started on it for sure in the last week I've spent hour and hours looking at it because this is a big deal what we're doing and I want to make sure that we're doing it right and based on the conversation I'm hearing, input I'm hearing from the people that I've asked these questions, I am comfortable with what we're doing.

SENATOR JOAN HUFFMAN: Are you -- based on all that information you've gathered, are you in any way expanding the powers of eminent domain or the powers of the PUC or giving them extra tools to exercise eminent domain over private property owners?

SENATOR TROY FRASER: I'm being advised by the public utility commission and other lawyers looking at this that all we're trying to do is put in place what has been the policy of the public utility commission forever and the answer is no we're not in any way changing or expanding anyone's ability. There's a procedure in place in the public utility commission about the way they go through this. So an individual -- if they have a challenge on a transmission line, nothing changes on this. This is only addressing the ability through litigation of a quasi group where if they tried to use condemnation on this, that it would limit their ability because we have had, as Senator Carona said, what we consider you know attempt at extortion where someone would form a quasi group and then try to hold up a line not wanting to really hold up the line but because they were trying to get an award.

SENATOR JOAN HUFFMAN: So it's your legislative intent that this rule that I guess you're attempting to codify will only apply to those people that you say are gaining the system, these quasi side --

SENATOR TROY FRASER: Senator, what I am codifying is what has always been the commission and the procedures the way they have done this forever. So the answer I think we're codifying I think what has always been the policy and the procedure of the commission we're just clarifying in issue that they have the right to continue those procedures. So the answer is no, we're not changing it or giving any additional power to anyone.

SENATOR JOAN HUFFMAN: Well, sometimes something that's been a policy is not something necessary by we how old make law, and that's what I'm concerned about. I just want to make sure what we're doing here.

SENATOR TROY FRASER: I recognize that this is a big deal that we're doing, as you know. This is something I've dealt with for the last ten years now, Senator Carona is doing it, we spent a lot of time looking at this because this went through his committee, he bedded it, we looked at it and we believe what we're doing does do what we say.

SENATOR JOAN HUFFMAN: All right. Thank you, Senator Fraser.

SENATOR KEVIN ELTIFE: Senator Watson for what purpose?

SENATOR KIRK WATSON: Question of the author.

SENATOR KEVIN ELTIFE: Senator Fraser yield?

SENATOR TROY FRASER: I will yield.

SENATOR KIRK WATSON: Thank you, Senator. I want to make sure I understand a couple of lines and then I want to ask you about the proposed amendment that you're going to offer. If I am looking now at line 21, this subsection does not limit a municipality's rights or an electric utilities obligations under chapter 33. What did that mean?

SENATOR TROY FRASER: Well, and this is as you know an issue you and I have talked about and as we were discussing it we made sure we brought in other people to get a separate opinion on this. My understanding through the commission is they've always had an agreement with the municipal system, with the cities about the way this would be treated so if there's a misunderstanding or a disagreement there is a procedure they go through to make sure that the city's rights and are considered and there's a procedure for solving that if there is a different ever difference between what they're wanting to do and what the city wants and that will prevail. We're carrying that forward. That is a -- I don't know what it's called, I think it had been called a memorandum of understanding between the cities and the PUCs but its been in place and this is honoring that agreement.

SENATOR KIRK WATSON: So any codification of any rule that you're attempting to do with this, this bill and this amendment, any codification it expressly states that it did not limit the right of municipality.

SENATOR TROY FRASER: That is exactly what it does.

SENATOR KIRK WATSON: What is your understanding of it not limiting an electric utilities obligation under chapter 33?

SENATOR TROY FRASER: That would be the current understanding of the way these are currently being treating and the agreement between the cities and the public utility commission.

SENATOR KIRK WATSON: So if the electric utility has an obligation in law or in contract or otherwise, if they have an obligation, this would not create an --

SENATOR TROY FRASER: That is correct.

SENATOR KIRK WATSON: Make any change in those obligations.

SENATOR TROY FRASER: That is correct.

SENATOR KIRK WATSON: All right they've already passed out your proposed floor amendment and I want to ask about that proposed floor amendment. First of all in the only amendment you know about and you intend to accept on this?

SENATOR TROY FRASER: There is actually another amendment addressing the university lands. It was brought up --

SENATOR KIRK WATSON: That is what has been handed out. In fact let me read what they handed out. It says it would add a engine to the end of subsection D that says this section does not apply to public land dedicated by the constitution. So my first question is this the only amendment you're aware of and intend to accept on this.

SENATOR TROY FRASER: In answer -- the way you asked the question is correct, yes, that's my amendment that I am laying out and that would be the one I am accepting. I understand there's one other amendment I only know of one other, it's being offered by Senator Hegar, it is one I will allow him to lay out, he will have the will of the body on but it is not -- you know, it's not one I am laying out or that I will accept.

SENATOR KIRK WATSON: Well, that may make a difference to some of us even -- they don't show another amendment. So if Senator Hegar has another amendment --

SENATOR TROY FRASER: Have y'all not laid the -- y'all haven't dropped the -- Senator, I am being advised that their amendment does not impact this bill of what we're doing, which I guess we'll have to determine whether it's -- but it does not impact this process.

SENATOR KIRK WATSON: Fair enough. Let's go back to your amendment. It says this section does not apply to public land dedicated by the constitution. What are you intending by that amendment?

SENATOR TROY FRASER: Would you do it again? I didn't get that.

SENATOR KIRK WATSON: Your amendment says this section to be not apply to public land dedicated by the constitution. What do you intend by that amendment?

SENATOR TROY FRASER: This was brought to us by the general land office and it is impacting the university lands and it just clearly says that it will not impact that.

SENATOR KIRK WATSON: Thank you.

SENATOR KEVIN ELTIFE: Thank you, Senator Watson. Senator Van de Putte for what purpose?

SENATOR LETICIA VAN DE PUTTE: Will the gentleman yield for some questions?

SENATOR KEVIN ELTIFE: Senator Fraser yield?

SENATOR TROY FRASER: I will yield.

SENATOR LETICIA VAN DE PUTTE: Thank you, Senator and thank you --

SENATOR TROY FRASER: And we got a very tall person in between me and you, I am going to have to look around.

SENATOR LETICIA VAN DE PUTTE: That's okay, I'll -- thank you. And as you know Senator, I had some concerns I do know the purpose by which you brought the bill to the committee. It was late and I was in full support of 971 and there was an amendment that was attached to the bill in the committee that I had some difficulty with and I want to make sure and I voted no because I wanted to make sure we had the opportunity since this does deal with eminent domain. So the PUC already has the authority to approve a CCN to build the transmission for reliability and the electric grid.

SENATOR TROY FRASER: That is correct.

SENATOR LETICIA VAN DE PUTTE: Okay. And they already have the power, the PUC has the power to -- and the authority given to them by the legislature to approve the construction of transmission lines to mitigate and it is very specific, it says market power.

SENATOR TROY FRASER: That is correct.

SENATOR LETICIA VAN DE PUTTE: Okay. So does the law already provide upon order of the PUC that the electric utility is given the power to condemn private property of a person or corporation?

SENATOR TROY FRASER: Yes, it does I believe.

SENATOR LETICIA VAN DE PUTTE: Okay. Did your amendment create a new purpose not currently found in PURA, the Public Utility Regulatory Act which currently allows electric utilities to condemn private property of our constituents for the building of power transmission lines to otherwise ensure competitiveness of the electric markets?

SENATOR TROY FRASER: I am being advised by the public utility commissions that this does not expand a capacity. This is the current policy of what they're doing right now and this would just put in place what they're currently doing. So they say no, it does not expand their authority.

SENATOR LETICIA VAN DE PUTTE: Senator, can you please provide the specific citation in PURA which allows electric utilities the power to condemn private property to ensure competitiveness of the electric markets in this state?

SENATOR TROY FRASER: And you're asking for where it is in PURA?

SENATOR LETICIA VAN DE PUTTE: Because I found other things in PURA that yes, they have the ability to condemn property, private property, eminent domain they have a right for a taking in PURA but not for the mitigation of the power, the electric market.

SENATOR TROY FRASER: Senator, I'm sorry, you're asking a question -- I know they have it but I do not know the exact place in PURA where it is and I am asking staff and staff right now does not have that. I am sorry, I just don't have that information.

SENATOR LETICIA VAN DE PUTTE: And you are absolutely right that currently in PURA electric companies do have the right of taking, they have the right of eminent domain but I cannot find in the code anywhere to ensure the competitiveness of electric markets. We can take it for -- if it is the only means of generation, if there is an environmental on another one but what I'm -- the purpose is a new purpose so they can condemn and take and are taking on private property but I can't find in the code where it is for the competitiveness of the market and that's what I'm asking.

SENATOR TROY FRASER: And I would disagree that that is the case is when we did -- took the -- went into a competitive market where we deregulated the market. One of the purposes was to have the competitiveness with the market. So by law we put in place at one of their functions was not only for reliability but it was also a competitive market and that is one of the reasons that we have to deliver power to the market in a competitive way.

SENATOR LETICIA VAN DE PUTTE: Senator and I understand it and that may be the way that the PUC has interpreted it but in current PURA I can't find anywhere and I've been looking I can't find the citation that says an electric utility can condemn land and have the private land take of purpose of competitiveness in the market. They can take it in other reasons so I think you're expanding for purpose and so if members could just how me the code because I -- eminent domain and everything that we've done with Senator Estes' bill sering that we're done on property rights if we expand the purpose, they have other purposes that they can use but this is a private electric company and I understand your going to take public land out but this is expanding the purpose of a takings and I just want to make sure -- if it's already in code and you're just clarifying it, okay but I can't find it.

SENATOR TROY FRASER: Senator I think we're over lawyering this is that the public yaw tillty commission in their certificate of convenience and necessity the CCN it is the responsibility to build transmission lines for any reason they need. One of them obviously is reliability but also is the competitiveness to market. We are not creating a new zone, they have that authority right now that that is issued under their CCN and it is -- Dan it's 350006?

SENATOR LETICIA VAN DE PUTTE: Well --

SENATOR TROY FRASER: 37056.

SENATOR LETICIA VAN DE PUTTE: And Senator, I can understand if competitiveness of the market is in those places where we already have deregulated utilities but I think your amendment and your bill expands the purpose but it also expands this to be statewide.Er regardless of if it's a co-op or a MUNY y where you're not in the deregulated area and I am worried there's of appeals court on February 22 of 2011 the court of appeals determined that they could condemn the public property of Dart and Fort Worth transportation authority because those entities were protected by governmental immunity. Now, I understand by your amendment are you codifying what that is or are you getting around what that appeals court is?

SENATOR TROY FRASER: Okay. I'm sorry, my mind was somewhere else as you were doing that. I am still back on the competitiveness of discussing that. You want to talk about competitiveness or you want to change subjects?

SENATOR LETICIA VAN DE PUTTE: Well, and I think --

SENATOR TROY FRASER: Let me address the concern you got. If you believe that the word competitiveness a problem, wrong, that is key to what we're doing. If you think that's a problem and we wanted to do an amendment taking that word or that phrase out, I don't think it has anything to do with what we're doing. I disagree with u that that is a problem or adding additional authority. If you believe it is and you want to offer an amendment and the body agrees with you, we can take that out. I am not married to that phrase. It's one of the things that Senator Davis and I talked about earlier I don't think that's a key -- I've been told that that's not a keyword but if the body believes that is a keyword and you want to offer an amendment you know we can discuss and see if the poddy agrees with you.

SENATOR LETICIA VAN DE PUTTE: Well, Senator, right now you're right. A utility can are a takings they can condemn private land but it is only necessary for the service accommodation convenience or safety of the public and it may be in practice that's what the utility, the PUC is doing but you're adding I think a new purpose --

SENATOR TROY FRASER: Senator, did you hear what I just said? I am not married to that. We can take that out --

SENATOR LETICIA VAN DE PUTTE: Maybe we could -- I am just -- we worked to hard to get Senator Estes' bill passed and the governor to sign that and I would just hate in the same session us to have a truck go right through there because this is, we tightened down both public and private takings in eminent domain and if this is what's in practice, great, if you could just how me if that's already in the code. Maybe if you could pull this down for a little bit. And I haven't thought about an amendment but I kept trying to look and it happened all so fast I was uncomfortable but I'd be happy to work with you on an amendment. That's my purpose -- and I think we're opening up and I think it's statewide. I think it's not just in the -- and if the purpose is just for competitiveness, there is no competitiveness when you're the sole provider in a MUNY or co-op. So why would you expand a taking statewide?

SENATOR TROY FRASER: I think you've got a good point that interestingly Senator Davis and I we discussed this at length and we both agreed that potentially there was a problem but we couldn't come up with a way to fix it and maybe the answer is just removing the phrase and maybe that solves it and I am about to pull it down and postpone to you. Would you like to comment to something before we do that?

SENATOR WENDY DAVIS: Senator, I was going to say I do have an amendment, my staff is putting it together right now. It's a little bit more complex with what you just said in terms of just striking that language but I think that it will accomplish exactly what you are hoping to accomplish and at the same time we won't be creating ago broad.

SENATOR TROY FRASER: If it's a whole lot more complex, that's another --

SENATOR WENDY DAVIS: We -- fast and giving him an opportunity to look at it so we can talk about it together and make sure that you're comfortable but if you allow me the opportunity if you could pull this down for 30 mince -- allow me the opportunity to work with you on it I appreciate it.

SENATOR TROY FRASER: Mr. President, could I temporarily pull down my motion to suspend the regular order of business and bring this back up in a couple of minutes when we get the amendment?

SENATOR KEVIN ELTIFE: Senator Fraser withdraws his motion on House Bill 971. Thank you, Senator Fraser. Thank you members. Senator Shapiro is recognized for a motion to suspend the regular order of business on House Bill 2365.

SENATOR FLORENCE SHAPIRO: Thank you very much Mr. President and members. I move to suspend the Senate's regular order of business to take up and consider House Bill 2365 at this time. This is a bill that reaffirms the legislature's commitment to the education research centers. In 2006 the legislature created three education research centers called ERCs to conduct research to benefit education in Texas. Recently there have been some concerns over the exchange of data security and confidentiality and issues regarding state oversight of academic research. This bill clarifies that ERCs support both policy and academic research. This bill ruers that ERCs only forward quality research proposals to the joint advisory board. It authorizes TEA and the higher education coordinating board to pursue data reciprocity agreements with other states and it establishes the joint advisory board in statute to oversee the work of the ERCs. I move suspension of the Senate's regular order of business at this time.

SENATOR KEVIN ELTIFE: Senator Shapiro moves suspension to the regular order of business to take up and and consider House Bill 2365. Is there objection? Chair hears none -- Senator Harris do you wish to be recognized?

SENATOR CHRIS HARRIS: Will the Senator yield for a question?

SENATOR FLORENCE SHAPIRO: Yes, I sure will.

SENATOR CHRIS HARRIS: These research centers, where are they located or they could be located?

SENATOR FLORENCE SHAPIRO: They're currently located at UT Dallas, UT Austin en and Texas A&M.

SENATOR CHRIS HARRIS: And is one of them going to UT Dallas?

SENATOR FLORENCE SHAPIRO: No they're already there. They're not centers, they're already there they've been there since '06, since 2006.

SENATOR CHRIS HARRIS: Okay. Thank you.

SENATOR FLORENCE SHAPIRO: Welcome.

SENATOR KEVIN ELTIFE: Thank you, Senator hears rise. Members Senator Shapiro has moved suspension of the regular order of business to take up and consider House Bill 2365. Is there objection? Chair hears none, rules are suspended. The Chair lays out on seconds reading House Bill 2365. The secretary will read the caption.

PATSY SPAW: House Bill 2365 relating to certain responsibilities of education research centers.

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

PATSY SPAW: Floor amendment No. 1 by Shapiro.

SENATOR KEVIN ELTIFE: Senator Shapiro to explain floor amendment No. 1.

SENATOR FLORENCE SHAPIRO: Yes, members floor amendment number 1 is based on concerns that were raised by TEA and others interested in seeing that these centers excel, so this is what the floor amendment does. It changes the makeup of the current advisory board to appointees from each ERCs to the commissioners of TEA and the higher education coordinating board appointing all ten members. However, two of these board members must be educational researchers with experience working with secured data. Second it requires financial reports of the fees and cost of running these centers and all the agencies that are associated with them in au looing the state to enter into data reciprocity agreements there's also a sex that requires the U.S. Department of Education to review the reciprocity with other states and the partnering state that complies with all the rueings and all the security measures that are required. It also gives prior to to research that focuses on this state's registration policy priorities, academic research is allowed and welcome but this amendment reemphasizes that the work done by the ERCs is the benefit of this state and lastly the amendment makes clear the TEA and coordinating board muse provide agency data to the ERCs necessary for approved research projects. All of this is at the expense of ERC when needed of approved project. Move adoption of amendment No. 1.

SENATOR KEVIN ELTIFE: Members Senator Shapiro 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 Shapiro.

SENATOR KEVIN ELTIFE: Senator Shapiro to explain floor amendment No. 2.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President and members. Floor amendment No. 2 actually reorganizes the current educational economic policy center. It is a current -- as a current center that is a consortium of universities and it is now going to be changed to a three members lead board appointed by the peaker, the lieutenant governor and governor. The center will be looking at efficiencies of public school system and the center will focus on productivity as well as effectiveness of the public schools. I move adoption of floor amendment No. 2.

SENATOR KEVIN ELTIFE: Senator Shapiro moves adoption of floor amendment No. 2. Is there objection? Chair hears none, floor amendment No. 2 is adopted. Senator Shapiro is recognized for a motion.

SENATOR FLORENCE SHAPIRO: Mr. President and members, I move passage to third reading of House Bill 2365 as amended.

SENATOR KEVIN ELTIFE: Senator Shapiro now moves passage to thrawrding. Is there objection? Chair hears none, House Bill 2365 as amended is passed to thirds reading. O is recognized for a motion to suspend the constitutional three day rule.

SENATOR FLORENCE SHAPIRO: 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: 30 ayes, zero nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 2365. The secretary will read the caption.

PATSY SPAW: House Bill 2365 relating to certain responsibilities of education research centers.

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

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President. I move final passage of House Bill 2365 as amended.

SENATOR KEVIN ELTIFE: Senator Shapiro now moves final passage of House Bill 2365 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: 30 ayes, zero nays, House Bill 2365 is finally passed. Congratulations Senator Shapiro.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Members we're going to take a break. The Chair recognizes Senator Whitmire for an announcement.

SENATOR JOHN WHITMIRE: I move that we recess until 7:30.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Whitmire that we recess until 7:30. There any objection? Chair hears none, so ordered. Thank you members, thank you staff.

(Recess.)

SENATOR KEVIN ELTIFE: Senator Huffman. The Senate will come to order. Senator Huffman you're recognized for a motion to suspend the regular order of business on House Bill three.

SENATOR JOAN HUFFMAN: Thank you, Mr. President. I move to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill three. Members, House Bill 3 by Representative Senfronia Thompson makes a repeat offense of aggravated sexual assault ineligible for deferred adjudication. It also makes a repeat offense of aggraveted assault punishable by life without parole. Currently only a repeat offense of continuous sexual abuse of a child is automatically given life without parole. Given the violent circumstances that surround the commission of an aggravated sexual assault, a person who is repeatedly committed these crimes have demonstrated their continued danger to society and total lack of consideration for the safety and dignity of others. Mr. President I move to suspend the Senate's regular order of business.

SENATOR KEVIN ELTIFE: Members Senator Huffman moves suspension of the regular order of business to take up and consider Committee Substitute to House Bill 3. Is there objection? Chair hears none, the rules are suspended. Chair lays out on second reading Committee Substitute to House Bill 3. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 3 relating to an imposition of sentence of life without parole on certain defendants who commit certain sexual offenses.

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

SENATOR JOAN HUFFMAN: I move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Huffman now moves passage to third reading. Is there objection? Chair hears none, Committee Substitute House Bill 3 is passed to third reading. Senator Huffman you're recognized for a motion to suspend the constitutional three day rule.

SENATOR JOAN HUFFMAN: The secretary will call the roll.

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

SENATOR KEVIN ELTIFE: 30 ayes, no nay, Committee Substitute House Bill 3, the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 3. The secretary will read the caption.

PATSY SPAW: Committee substitute House Bill 3 relating to imposition of a sentence of life without parole on certain defendant who commits certain sexual offenses.

SENATOR JOAN HUFFMAN: I move final passage of Committee Substitute to House Bill 3.

SENATOR KEVIN ELTIFE: Senator Huffman now moves -- Senator Lucio for what purpose? Okay. Senator Huffman now moves final passage of Committee Substitute House Bill 3. 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, zero nays, Committee Substitute to House Bill 3 is finally passed. Congratulations Senator Huffman.

SENATOR JOAN HUFFMAN: Thank you, Mr. President.

SENATOR KEVIN ELTIFE: Senator Wentworth. You ready on 1754? Senator Wentworth is recognized for a motion to suspend the regular order of business on House Bill 1754.

SENATOR JEFF WENTWORTH: Thank you, Mr. President. Committee substitute for House Bill 17 -- I move to suspend the regular order of business in order to take up the Committee Substitute for House Bill 754. The Committee Substitute for House Bill 1754 by Representative Pete Gallego provides for the reorganization of powers and constitutes among agencies in Texas. That provide representation to indigent defendants in federal cases for the reorganization of funding sources for indigent defense. This legislation would implement changes in the criminal justice committee's interim report and is endorsed by many including the task force on indigent defense, the Texas you dish counsel, the county judges and commissioner of Texas, the Texas Commerce of Urban County, the Texas Association of Counties, the Texas Fair Defense Project, Texans Care for Children, Texas Impact, Texas Criminal Justice Coalition and others. Committee Substitute of -- to House Bill 1754 would change the name of the task force on indigent Texas to Texas Indigent Defense Commission, make the commission an independent agency with judicial branch, create a procedure for counties to establish managed assigned counsel programs and streamline the process for establishing public defender offices es. It differs from the Senate Bill in that it leaves the local reporting requirements the same, it amends section 79.037 of the government code to reflect technical and nonsubstantive changes recommended by the comptroller's office. It makes some clarifying changes to the structure and composition of the instructor oversight boards which both bills give counties the discretion to create and it eliminates the requirements that the governor appoint members within 90 days of a vacancy, a change requested by the governor's office. Mr. President I move suspension of the regular order of business in order to take up and consider Committee Substitute to for House Bill 1754.

SENATOR KEVIN ELTIFE: Members, Senator Wentworth moves suspension of the regular order of business to take up and consider Committee Substitute for House Bill 1754. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 1754. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1754 relating to the reorganization of powers and duties among agencies in this state that provide representation to indigent defendants in criminal case.

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

PATSY SPAW: Floor amendment number # by Wentworth.

SENATOR KEVIN ELTIFE: Senator Wentworth to explain the amendment.

SENATOR JEFF WENTWORTH: Thank you, Mr. President. Members this amendment has been bedded, it comes at the request of Representative McClendon and also has been bedded by the governor's officce. The amendment would require the commission to issue a report on the information it receives from counties concerning the quality of indigent defense practices. It also requires the law school innocence projects to report exonerations statistics to the commission on an annual basis and make recommendations to the judiciary and to the legislature. This amendment is in alignment with recommendation No. 10 of the Timothy Cole Advisory Panel on Wrongful Convictions. Mr. President I move adoption for flooment amendment No. 1.

SENATOR KEVIN ELTIFE: Senator Huffman for what purpose?

SENATOR JOAN HUFFMAN: To question the author of the bill of the amendment.

SENATOR KEVIN ELTIFE: Will Senator Wentworth yield?

SENATOR JEFF WENTWORTH: Yes, happy to yield to Senator Huffman.

SENATOR JOAN HUFFMAN: Thank you, Senator Wentworth. I'd like to ask you a little bit about this exoneration report, to slow down a little, so I understand this because I don't recall this being discussed in the committee. Who will be preparing this report?

SENATOR JEFF WENTWORTH: According to the amendment, each legal clinic or program in this state that's operated by a law school and it receives financial support from the commission.

SENATOR JOAN HUFFMAN: All right. And what will they be reporting?

SENATOR JEFF WENTWORTH: They want to know in which clinic or program commission of an annual report regarding criminal cases in which the clinic or program has provided indigent services to which an indigent (inaudible) calendar year in which based on a finding of actual innocence the court of criminal appeals overturns a conviction or the governor issues a pardon based on actual innocence.

SENATOR JOAN HUFFMAN: All right. So in those specific cases and how are they going to -- I see that it's going to require that on line 26 to identify each likely cause of a wrongful conviction? How are they to do that?

SENATOR JEFF WENTWORTH: Well, based on an

SENATOR JOAN HUFFMAN: And how do they -- how do they have the expertise or the experience to do that?

SENATOR JEFF WENTWORTH: Well, they have the experience of having researched these cases and done the background work operating on each one of those individual cases and based on the facts of that case they try to decide what the likely cause of the wrongful conviction in that particular case was.

SENATOR JOAN HUFFMAN: All right. And then they're going to make recommendations to the judiciary. How are they going to do that?

SENATOR JEFF WENTWORTH: Well, I would hope in writing.

SENATOR JOAN HUFFMAN: I realize that. Why are we doing that, that's what I'm trying to find out.

SENATOR JEFF WENTWORTH: Well, the governor's office was interested in doing that and the House author.

SENATOR JOAN HUFFMAN: The governor's office, why would the governor's office want to do this?

SENATOR JEFF WENTWORTH: You'd have to ask the governor's office that question. They were interested in bringing -- they were interested in regular some kind of report on exactly what was going on with this project so it was just a way to tell them what's happening.

SENATOR JOAN HUFFMAN: Does Senator Ellis approve of this amendment?

SENATOR JEFF WENTWORTH: I'm sorry?

SENATOR JOAN HUFFMAN: Does Senator Ellis approve of this amendment?

SENATOR JEFF WENTWORTH: Well, it's his judgment that this whole thing is designed to prevent wrongful convictions.

SENATOR JOAN HUFFMAN: And I applaud that intent. It's just I am wondering how you get an organization that's going to recommend to the legislature best practices policies and statutory changes to address or mitigate these. Are they just going to do this in the form of report advisory paper, something along those lines?

SENATOR JEFF WENTWORTH: I think to, probably just a letter to probably the speaker and the lieutenant governor.

SENATOR JOAN HUFFMAN: All right. Is this going to cost the state any money?

SENATOR JEFF WENTWORTH: I don't think it will cost any money at all in relation to what they're already doing.

SENATOR JOAN HUFFMAN: All right. Thank you, Senator Wentworth.

SENATOR JEFF WENTWORTH: You're very welcome.

SENATOR KEVIN ELTIFE: Thank you, Senator Huffman. Senator Ellis for what purpose in no questions. Senator Wentworth moves adoption of floor amendment No. 1. Is there objection? Chair hears none, floor amendment No. 1 is adopted. The following amendment. Secretary please read the amendment.

PATSY SPAW: Floor amendment No. 2 by Wentworth.

SENATOR KEVIN ELTIFE: Senator Wentworth to explain floor amendment No. 2.

SENATOR JEFF WENTWORTH: Thank you, Mr. President. Mr. President and members rather than having the Texas Indigent Defense Commission created as a separate state agency, this amendment maintains the current organization where administrative attached to the office of court administration. The amendment does however provide the commission greater independence in the submission of its budget request. The task force legislative appropriate request or LAR is currently limited as a strategy within the office of court administrations or OCA's budget. This amendment would allow the new Texas Indigent Defense Commision the ability to make its case for indigent funding for services rather than to be submitted in the courts budget request. Indigent defense will never be OCA's first priority. It is appropriate for OCA to have higher priorities given its commission. Indigent defense on the o hand has much broader sufficiency and includes continuey government, indigent defense, criminal defense attorneys and advocacy organizations, simply it makes more sense to separate indigent defense for items such as technology fund for the judiciary for money for visiting judges, this move toward the independent process was suggested by the executive director of the Texas Judiciary Council, Karl Reynolds and was recommended in a resolution of the Texas Judicial Council signed by chief justice Wallace Jefferson who also chairs the council. Finally the Senate criminal justice committee in charge No. 3 of its interim report recommended greater independence of the task force including the ability to submit its own LAR. Mr. President I move adoption of floor amendment No. 2.

SENATOR KEVIN ELTIFE: Members Senator Wentworth moves adoption of floor amendment No. 2. Is there objection? Chair hears none, floor amendment No. 2 is adopted. Senator Wentworth, you're recognized for a motion.

SENATOR JEFF WENTWORTH: Mr. President I move passage to engrossment of the Committee Substitute for House Bill 1754.

SENATOR KEVIN ELTIFE: Senator Wentworth moves passage to third reading. Committee Substitute House Bill 1754. Is there objection? Chair hears none, Committee Substitute House Bill 1754 is passed to third reading. Senator Wentworth you're recognized for a motion to suspend the constitutional three day rule.

SENATOR JEFF WENTWORTH: Mr. President I move to suspend the constitutional rule requiring 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: 27 ayes, three nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 754. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1754 relating to the reorganization of powers and

(inaudible) agencies to this state that provide representation to indigent defendants in criminal case.

SENATOR KEVIN ELTIFE: Senator Nichols for what purpose?

SENATOR ROBERT NICHOLS: I was going to ask Senator Wentworth a question.

SENATOR JEFF WENTWORTH: I am happy to yield Senator Nichols.

SENATOR ROBERT NICHOLS: I was listening real carefully. Did you just waive the constitutional rule on three several days?

SENATOR JEFF WENTWORTH: No, sir, I did not the Senate on a vote of 31 did, including me.

SENATOR ROBERT NICHOLS: So you did vote for it?

SENATOR JEFF WENTWORTH: Yes, sir, I have been apparently without your noticing it. I've been doing that for the last two or three weeks.

SENATOR ROBERT NICHOLS: Okay.

SENATOR KEVIN ELTIFE: Senator, he votes for it when it's his bill.

SENATOR ROBERT NICHOLS: Okay. Thank you. I wanted to clarify that thank you very much.

SENATOR JEFF WENTWORTH: Senator Ogden, I've been voting to suspend the rule of our bills as well.

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

SENATOR JEFF WENTWORTH: Mr. President I move final passage of Committee Substitute for House Bill 1754.

SENATOR KEVIN ELTIFE: Senator Wentworth movings final passage of Committee Substitute for House Bill 1754. 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, three nays, Committee Substitute House Bill 1754 as amended is finally passed.

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

SENATOR KEVIN ELTIFE: Congratulations Senator Wentworth. Thank you. Senator Watson you're recognized for a motion.

SENATOR KIRK WATSON: Thank you, Mr. President I would move to suspend rule 7.21 the lay out rule and printing rule to take up House amendments to Senate Bill 768.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Watson. Senator Nelson for what purpose?

SENATOR JANE NELSON: Can you tell us Senator what bill that is?

SENATOR KIRK WATSON: I can. 768. It is the municipal utility district that we call Rio

(inaudible), I was trying to get exact number of it but it's a municipal utility district where there needs to be a technical -- we need to concur in it to we can get it up, we need to make a technical correction and I need the time, but it's a local bill, (inaudible). -- a MUD we call Rio Davita, and I don't remember the number and that's what I was looking for the exact number.

SENATOR JANE NELSON: Thank you.

SENATOR KIRK WATSON: Thank you.

SENATOR KEVIN ELTIFE: Members, you heard the motion by Senator Watson. Is there objection? Chair hears none, so ordered. The Chair recognizes Senator Watson for a motion to concur in House amendments to SB768.

SENATOR KIRK WATSON: So moved.

SENATOR KEVIN ELTIFE: Senator Watson moves that the Senate concur in House amendments to SB768. 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, no nays, the motion is adopted. Thank you, Senator Watson.

SENATOR KIRK WATSON: Thank you.

SENATOR KEVIN ELTIFE: Senator Ellis you're recognized for a motion to suspend the constitutional three day rule only Committee Substitute to House Bill 1103.

SENATOR RODNEY ELLIS: Thank you, Mr. President, members. This is the bill that came up earlier and I lost some votes after suspension. I want to walk through it again carefully and hope that I can get the votes. Members, animal cruelty is often a crime that goes unnoticed most cases if ever reported go cold. This legislation holds offenders more accountable to their victims and the community by requiring that when given community supervision upon conviction offenders maybe sentenced to animal cruelty classes as opposed to simply having pay the 100 dollars to the animal shelter. Nearest the location of the offense. So it gives the judge that option. I want to tell you some of the offenses of cruelty to livestock animals, attacks on assistance animals, cruelty to nonlivestock animals, dog fighting, people -- some of you members know that I have a fear of some dogs as a cyclist, and last time I broke my arm it was a result of that. So this is my Law & Order Package, and I included an amendment that Senator Whitmire asked me to include in this bill. It was a Committee Substitute to House Bill -- one of his Senate Bill 799 that passed I think unanimously out of the Senate and Senator Seliger has some language to tighten up that amendment so -- and it's going to be acceptable to me and to Senator Whitmire. So for those who voted against me before I hope you vote with us this time to bring the bill up. I am going to accept the amendment, this will be a bill that will help the bill dogs bite and not be mistreated if they bite someone. To I would move to suspend the three day rule to take up and consider Committee Substitute to House Bill 1103.

SENATOR KEVIN ELTIFE: Senator Whitmire you wish to be recognized?

SENATOR JOHN WHITMIRE: Will the gentleman yield?

SENATOR RODNEY ELLIS: Yes I will.

SENATOR JOHN WHITMIRE: You might emphasize that the list now because some were concerned of the implication of the list I know you mentioned but you might repeat it's only for law enforcement purposes now.

SENATOR RODNEY ELLIS: The amendment that's going to come up will keep the registry, the people who on the animal cruelty registry private. Only law enforcement will know and the animal control shelters will know. So hopefully it will keep people who are repeat offenders from being able to do that and Senator Seliger's going to offer that amendment. So I move to suspend the rules.

SENATOR KEVIN ELTIFE: Members Senator Ellis has moved to suspend the regular -- to suspend the constitutional three day rule on Committee Substitute to House Bill 1103. 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: Twenty-five ayes, five nays, the rule suspended. The Chair lays out on third reading and final passage Committee Substitute House Bill 1103 --

SENATOR RODNEY ELLIS: What about the amendment?

SENATOR KEVIN ELTIFE: We got to lay it out first.

SENATOR RODNEY ELLIS: Okay.

SENATOR KEVIN ELTIFE: The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 1103 relating to the civil and criminal consequence of certain criminal offenses involving animal cruelty.

SENATOR KEVIN ELTIFE: The following amendment secretary please read the amendment.

PATSY SPAW: Floor amendment No. 1 by Seliger.

SENATOR KEVIN ELTIFE: Senator Seliger to explain the amendment.

SENATOR KEL SELIGER: Thank you, Mr. President. Members, just because Senator Ellis didn't cry at the end of Old Yeller doesn't mean he's entirely wrong. The flaw I felt in the original amendment was a registry that would stigmatize people and possibly embarrass them to no great accomplishment but where Senator Ellis is correct is people who do these -- who commit felonies regarding animals there is a (inaudible) there to commit crimes against persons. It can be a problem and so what this amendment does is it does create the registry but it limits its accessibility to law enforcement who may want to know who has abused or harmed animals in a felonious way and might be inclined to do to to people and to animal control personnel because if someone is going to go and adopt an animal, allows animal personnel to see that some people should not be eligible to adopt those animals. So I think this amendment improves this bill a lot and it addresses something that could potentially be a problem and I move to adopt amendment No. 1.

SENATOR KEVIN ELTIFE: Senator Ellis on floor amendment No. 16789.

SENATOR RODNEY ELLIS: It is acceptable.

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

SENATOR RODNEY ELLIS: Mr. President I move bow wow and final passage.

SENATOR KEVIN ELTIFE: Senator Ellis moves final passage of Committee Substitute House Bill 1103. 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: Twenty-five ayes, five nay, Committee Substitute House Bill 1103 as amended is finally passed. Congratulations Senator Ellis.

SENATOR RODNEY ELLIS: Thank you, Mr. President and members.

SENATOR KEVIN ELTIFE: Senator Hegar is recognized for a motion to suspend the regular order of business on House Bill 1517.

SENATOR GLENN HEGAR: Thank you, Mr. President and members, under current law municipalities with a population of less than 5,000 only 30 percent of the total revenue can come from traffic violations. They must send any other revenue of traffic tickets to the comptrollers. Some cities own their own utility company and are able to include the utility revenue in the city's total revenue. More tin dale of 1200 people did not currently are that option. This bill is bracketed for a community of Martindale and allows them to use the revenue from Blue Bonnet co-op and Martindale co-op. I have an amendment as well as Senator Lucio has an amendment to the bill and if there's no questions I ask to suspend the Senate's regular order of business to take up and consider House Bill 1517.

SENATOR KEVIN ELTIFE: Senator Jackson for what purpose?

SENATOR MIKE JACKSON: I was just wondering if the gentleman would yield?

SENATOR GLENN HEGAR: More than happy to. This is not a noodling bill.

SENATOR MIKE JACKSON: Pardon?

SENATOR GLENN HEGAR: This is not a noodling bill.

SENATOR MIKE JACKSON: No, I hope not but I just want to make sure I understand what we're doing here.

SENATOR GLENN HEGAR: Yes please.

SENATOR MIKE JACKSON: There's a small town called Martindale that is below San Marcus on highway 80.

SENATOR GLENN HEGAR: That is correct.

SENATOR MIKE JACKSON: And the population is less than 1,000 I think.

SENATOR GLENN HEGAR: That is -- roughly around 1200 people so slightly over.

SENATOR MIKE JACKSON: Okay. A little over like 1200, maybe a little more and they have gone to great expenses probably for that little city, little municipality to invest in police cars, radar guns and how many police cars do they have there, do you know?

SENATOR GLENN HEGAR: They only have a couple at most.

SENATOR MIKE JACKSON: Only a couple.

SENATOR GLENN HEGAR: And they actually here in the last year the city administrator has -- continues to be on the job, he's actually gone off pay as well as they've cut back on the police -- from two cars to one, they've reduced their staff because they're only a small community of 1200 people, they have a little over 8,000 people a day travel through the community. This community unlike aa community of Winer er that I represent, this is on interstate ten they, have their own municipal electrical system unlike Martindale and to they are caught in the situation where they deal with traffic tickets involving a population of this size.

SENATOR MIKE JACKSON: Okay. So the majority of their budget comes from speeding tickets or fines from speeding tickets?

SENATOR GLENN HEGAR: It --

SENATOR MIKE JACKSON: That are traveling --

SENATOR GLENN HEGAR: State law caps it at percent.

SENATOR MIKE JACKSON: And what percent has Martindale been achieving with their speed traps in their little town there?

SENATOR GLENN HEGAR: No more than percent.

SENATOR MIKE JACKSON: Oh, really? They have never gone over that 30 percent?

SENATOR GLENN HEGAR: Well, state law mandates 30 percent and several years ago they had some very I'd say unscrupulous people running city government unlike today, people are trying to clean up the government and clean up the communities operations and business.

SENATOR MIKE JACKSON: Okay. So our state law currently ace that a community under -- what's the threshold 5,000?

SENATOR GLENN HEGAR: I think that's right.

SENATOR MIKE JACKSON: If you have fewer than 5,000 people you can't achieve more than 30 percent of the budget with speeding or traffic violations.

SENATOR GLENN HEGAR: That is correct.

SENATOR MIKE JACKSON: And what your bill is saying that we think that's right all over the state except we're going to exempt this community.

SENATOR GLENN HEGAR: No, actually that's not quite right. This bill would allow them -- they don't have currently a city utility company. However they would be able to incorporate the city utility into their billing system. So this bill doesn't exempt them under current law but it allows them to incorporate the utility system into their billing system.

SENATOR MIKE JACKSON: Okay where --

SENATOR GLENN HEGAR: Like say where I live in Katie the waste water system when I get an invoice every single month for my water bill as well as my trash bill, all of that is incorporated into one and say, for example, in Weiner, er a community that fits into this bracket has under 5,000 people part of their bill and a few others that I represent Port La Valley several others, on their bill you wouldn't just have your waste water and your garbage but you would have your electric bill on there too, so this would allow them on their billing statement too to include the utility expenses.

SENATOR MIKE JACKSON: And how many money will that raise for them?

SENATOR GLENN HEGAR: I haven't gotten the exact numbers but the account of 1200 people, you can probably estimate what is an average residential bill probably about $75 a month and multiply that times $1200.

SENATOR MIKE JACKSON: Okay. Well, I was looking at an article that was in the paper and it said that the comptroller's office audited Martindale and Senate Bill for 570 -- two or $3,000.

SENATOR GLENN HEGAR: That's correct. We worked with the comptroller's office trying to allow them to fragment out those expenses over several years to be able to get them back on a payment schedule where they can pay that off to the Texas.

SENATOR MIKE JACKSON: Okay. But it brings in $883,000 annually according to the 2009 city budget.

SENATOR GLENN HEGAR: I haven't looked at their budget.

SENATOR MIKE JACKSON: That's some pretty good money for a very small --

SENATOR GLENN HEGAR: I would have a hard time believing their budget would bring in over $800,000 for only 1200 persons. I think if you look at the audits that they had there were several audits over a decade or so and that's where you came up with the money that they owed the Texas which they did not remit.

SENATOR MIKE JACKSON: Okay so tell me again u this bill going to help remedy their situation.

SENATOR GLENN HEGAR: In essence this bill would help put them on parody of other communities that I have in my district whereby if it's 5,000 people or less they would be able to incorporate the utilities side of the bill on their monthly at the same times when they send that to their -- the people -- the 1200 people in the community.

SENATOR MIKE JACKSON: And incorporating the utility bill into --

SENATOR GLENN HEGAR: The billing statement that you get just like you would for your garbage or get for your trash.

SENATOR MIKE JACKSON: Okay but we're till going to mandate that they only can achieve 30 percent of theirty budget --

SENATOR GLENN HEGAR: 30 percent they are not going to be carved out as a special community in the Texas. They are 30 percent just like rve else.

SENATOR MIKE JACKSON: Okay so they're incorporating the utility bill into that number will lessen -- will make that 30 percent be automobile to be a higher it would be as it would be if it were not there.

SENATOR GLENN HEGAR: That would be correct.

SENATOR MIKE JACKSON: Okay thank you.

SENATOR GLENN HEGAR: With 1200 people, that's correct.

SENATOR KEVIN ELTIFE: Thank you, Senator Jackson.

SENATOR GLENN HEGAR: Thank you, Senator.

SENATOR KEVIN ELTIFE: Thank you, Senator Jackson. Senator Zaffirini for what purpose?

SENATOR JUDITH ZAFFIRINI: For a question of the author.

SENATOR KEVIN ELTIFE: Senator Hegar yield?

SENATOR GLENN HEGAR: Yes gladly.

SENATOR JUDITH ZAFFIRINI: Senator Hegar this is a local bill is it not?

SENATOR GLENN HEGAR: That is correct. It's a maul local community that we've been trying to help out for four years now and we're trying to make sure that they get back on their feet.

SENATOR JUDITH ZAFFIRINI: And it impacts a city in your district.

SENATOR GLENN HEGAR: Yes, ma'am, only in my district and nowhere else. And here in a a year or two it might be in somebody else's district, a much finer Senator than myself will be able to try to take this toward --

SENATOR JUDITH ZAFFIRINI: And I will work hard.

SENATOR GLENN HEGAR: I know you will.

SENATOR JUDITH ZAFFIRINI: And there is precedent for the type of bill you're --

SENATOR GLENN HEGAR: That is correct.

SENATOR JUDITH ZAFFIRINI: What would be the impact of not passing this bill?

SENATOR GLENN HEGAR: The impact of this with us continuing to have a community that is trapped by an amount of debt that they owe the state of Texas because they did not remit those payments. Unfortunately, by former people of city council and administrators that really didn't tend to the community's business and it's really sad that they are struck by what people did in the past and they can't move on into the future.

SENATOR JUDITH ZAFFIRINI: Thank you, Senator Hegar. Thank you for your leadership and sponsoring this bill and I intend to vote aye.

SENATOR GLENN HEGAR: And I appreciate your vote on it as well as you signing on to the bill. Thank you, Senator very much.

SENATOR KEVIN ELTIFE: Thank you, Senator Zaffirini. Senator Hegar moves suspension of the regular order of business to take up and consider House Bill 1517. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 1517. The secretary will read the caption.

PATSY SPAW: House Bill 1517 relating to disposition fines for traffic violations collected by certain municipalities.

SENATOR KEVIN ELTIFE: The following amendment, secretary would please read the amendment.

PATSY SPAW: Floor amendment No. 1 by Lucio.

SENATOR KEVIN ELTIFE: Senator Lucio to explain the amendment.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members, members, this amendment grants the same exception for counties with populations under 5,000 that currently exist for municipalities with population under 5,000 for the use of road and bridge funds that are sent to their counties by the state on traffic fines that are collected by that area, that county so I think it's acceptable to the author at this time.

SENATOR KEVIN ELTIFE: Senator Lucio us adoption of floor amendment No. 6789 Senator Hegar how are you on the amendment?

SENATOR GLENN HEGAR: Thank you, Mr. President and members. This amendment is acceptable. This amendment deals with an amendment of funds that this community has, they do not have a city, if they had a city then they would be able to tap into the dollars that they have locked into their funds, it didn't involve state funds in any form or fashion (inaudible) they don't have a municipality, we would extend this ability to the county to be able to use those untapped dollars on their two roads that they have in the whole county.

SENATOR EDDIE LUCIO: That is exactly right, the county is Kennedy county with a population of 416 people, exactly right. I gave you the shorter version and certainly I could elaborate and even more now, I think Senator Hegar spelled that out perfectly.

SENATOR GLENN HEGAR: Yeah I just went the members to know --

SENATOR EDDIE LUCIO: Absolutely. Absolutely.

SENATOR GLENN HEGAR: It's acceptable.

SENATOR KEVIN ELTIFE: We have an amendment to the amendment. Secretary read the amendment to the amendment.

PATSY SPAW: Floor amendment No. 2 amending floor amendment No. 1. The amendment's by Hegar.

SENATOR KEVIN ELTIFE: Senator Hegar to explain the amendment to the amendment.

SENATOR GLENN HEGAR: Thank you, Mr. President this was an amendment that I filed but it's easier to do it as an amendment to the amendment and whereby this is a clarifying amendment to ensure that the intent of the bill is strictly limited to the people of the 1200 population in the community and therefore in dealing with the utilities it is locked into the community and no one outside of the community and I would move adoption of floor amendment two to amendment one.

SENATOR KEVIN ELTIFE: Members, you have heard the explanation of the amendment to the amendment. Senator Hegar has moved adoption of floor amendment No. 2 amending floor amendment one. Is there objection? Chair hears none, floor amendment two amending floor amendment one is adopted.

SENATOR EDDIE LUCIO: Thank you. Thank you, Senator Hegar.

SENATOR KEVIN ELTIFE: Now, the motion is on floor amendment one by Senator Lucio. The amendment is acceptable to Hegar. Is there objection? Chair hears none, floor amendment number one is adopted. Senator Hegar you're recognized for a motion.

SENATOR GLENN HEGAR: Move passage to third reading.

SENATOR KEVIN ELTIFE: Senator Hegar now moves passage to third reading. Is there objection? Chair hears none, House Bill 1517 as amended is passed to third reading. Senator Hegar you're recognized for a motion to suspend the constitutional three day rule.

SENATOR GLENN HEGAR: 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: 30 ayes, zero nays, the rule is suspended. Chair lays out on third reading and final passage House Bill 1517. The secretary will read the caption.

PATSY SPAW: House Bill 1517 relating to the disposition of certain fines for traffic violations.

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

SENATOR GLENN HEGAR: Thank you, Mr. President, move final passage House Bill 1517 as amended.

SENATOR KEVIN ELTIFE: Senator Hegar now moves final passage of House Bill 1517 as amend. 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, zero nay, House Bill 1517 is finally passed. Thank you, Senator Hegar. Senator Wentworth you're recognized for a motion to suspend the regular order of business to take up and consider House Bill 1541.

SENATOR JEFF WENTWORTH: Thank you, Mr. President I move to suspend the regular order of business to take up and consider House Bill 1541 relating to the prevention of automobile burglary and theft. According to the LBB's government efficiency and effectiveness report Texas ranged second nationwide for total vehicle thefts and 9th for vehicle stolen per capita. Since the authority was formed we experienced a reduction in automobile theft although we are not reaslly sure how much of that can be attributed to the efforts of AFTPA. This bill would establish performance measures and give us performance measures for each category of tbrants that are provided. This bill came out unanimously from the transportation homeland curet committee but I kicked it off the local and uncontested calendar for the specific purse of allowing Senator Williams to add an amendment I move suspension of the regular order of business to take UPL and consider HB1541.

SENATOR KEVIN ELTIFE: Senator Wentworth moves suspension of the regular order of business to take up and consider HB1541. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 1541. The secretary will read the caption.

PATSY SPAW: House Bill 1541 relating to the prevention of automobile burglary and theft.

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

PATSY SPAW: Floor amendment No. 1 by Williams.

SENATOR KEVIN ELTIFE: Senator Williams to explain the amendment.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members, this amendment is language that was lifted directly out of Senate Bill 9. If you supported the homeland security bill, this language was in there. The amendment would increase the fee on car insurance policies for automobile theft prevention from one thereafter to $2 and the money raised from the fee increase would be dedicated to funding the automobile theft prevention authority through the next biennium. This fee's been collected on insurance policies for the last 20 years but in the introduced version of House Bill and Senate Bill 9, the entire fund was swept to certify the budget by doubling the fee we ensure that this will continue to be funded in the in connection with two year cycle. We had extensive testimony in the finance committee and transportation and homeland security about this fee and how prevalent organized crimes involvement in automobile theft is and so this -- I move adoption.

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

SENATOR JEFF WENTWORTH: The amendment is acceptable to me Mr. President.

SENATOR KEVIN ELTIFE: Senator Williams moves adoption of floor amendment No. 1, it's acceptable to Wentworth. Is there objection? Chair hears none, floor amendment number 1 is adopted. Thank you, Senator Williams.

SENATOR TOMMY WILLIAMS: Thank you and thank you, Senator Wentworth for helping me out with this. I appreciate you letting me hitch a ride here.

SENATOR JEFF WENTWORTH: Glad to help.

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

SENATOR JEFF WENTWORTH: Mr. President I move passage to engrossment of House Bill 1541.

SENATOR KEVIN ELTIFE: Senator Wentworth moves passage to third reading. Is there objection? Chair hears none, House Bill 1541 as amended is passed to third reading. Senator Wentworth you're recognized for a motion to suspend the constitutional three day rule.

SENATOR JEFF WENTWORTH: Mr. President I move --

SENATOR KEVIN ELTIFE: It's hard for you to even say it.

SENATOR JEFF WENTWORTH: I know. I move to suspend the constitutional rule that requires 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, zero nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 1541. The secretary will read the caption.

PATSY SPAW: House Bill 1541 relating to prevention of automobile burglary and theft.

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

SENATOR JEFF WENTWORTH: I move final passage of House Bill 1541 Mr. President.

SENATOR KEVIN ELTIFE: Senator Wentworth moves final passage of House Bill 1541 as amend. 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, zero nay, House Bill 1541 is finally passed. Congratulations Senator Wentworth.

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

SENATOR KEVIN ELTIFE: Senator Davis recognized for a motion to suspend the regular order of business on House Bill 890.

SENATOR WENDY DAVIS: Thank you, Mr. President and members, I'd like to suspend the regular order of business in order to bring up House Bill 890. House Bill 890 establishes specialty license plates for custom vehicles and street rods and creates an inspection process for these vehicles as is current law for antique and classic vehicles. Custom vehicles are defined as an altered vehicle at least 25 years old and manufactured after 1948. Street rod is defined as a vehicle manufactured before 1949 or a vehicle manufactured after 1948 and altered to resemble a vehicle manufactured after 1949. Throughout our state antique and custom vehicle enthusiasts participate in numerous events benefitting countless charities. These vehicles are not used as everyday transportation or everyday need and are currently exempted from safety inspection and have different registration requirements. The bill simply seeks to allow car enthusiasts who have replica antique vehicles to have the same benefits as their original counter parts. The bill was voted out of the House unanimously on the local calendar. Mr. President I move to suspend the regular order of business.

SENATOR KEVIN ELTIFE: Senator Davis moves suspension of the regular order of business to take were and consider House Bill 890. Is there objection? Chair hears none, the rule is suspended. The Chair lays out on second reading House Bill 890. The secretary will read the caption.

PATSY SPAW: House Bill 890 relating to certain custom vehicles and street rods.

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

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

SENATOR KEVIN ELTIFE: Senator Davis moves passage to third reading. Is there objection? Chair hears none, House Bill 890 is passed to third reading. Senator Davis you recognized for a motion to suspend the constitutional three day rule.

SENATOR WENDY DAVIS: 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: 30 ayes, zero nay, the rule is suspended. The Chair lays out on third reading final passage House Bill 890. The secretary will read the caption.

PATSY SPAW: House Bill 890 relating to certain custom vehicles and street rods.

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

SENATOR WENDY DAVIS: Thank you, Mr. President I move finalling passage of House Bill 890.

SENATOR KEVIN ELTIFE: Senator Davis now moves final passage of House Bill 890. 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, zero nay, House Bill 890 is finally passed. Congratulations Senator Davis.

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

SENATOR KEVIN ELTIFE: Chair lays out the following resolution. Secretary would please read the resolution.

PATSY SPAW: Senate concurrent resolution instructing the enrolling clerk of the Senate to make corrections in Senate Bill 768.

SENATOR KEVIN ELTIFE: The Chair recognizes Senator Watson on the resolution.

SENATOR KIRK WATSON: Thank you very much Mr. President. I move passage of Senate concurrent resolution No. 58. Members, when we were putting together this -- this again deals with the Rio Davita MUD No. 1 in Travis county located entirely in my Senate district and when we were doing this it was all based on and negotiated to agreed to language with the city of Austin and there are provisions that we intended to have incorporated but they were inadvertently left out due to the drafting and this resolution would allow for that to be put -- that agreement to be completed. Mr. President I move adoption of Senate concurrent resolution No. 58.

SENATOR KEVIN ELTIFE: Members, you heard the motion by of adoption of SCR58 by Senator Watson. 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, zero nays, motion to adopt SCR58 passes. Congratulations Senator Watson.

SENATOR KIRK WATSON: Thank you very much Mr. President and thank you members.

SENATOR KEVIN ELTIFE: Senator Fraser you're recognized for a motion to suspend the regular order of business on House Bill 971.

SENATOR TROY FRASER: Thank you members, I will now bring back the House Bill 971 that we had discussed earlier and had cushion with Senator Davis, Senator Van de Putte, Senator Watson, many others. The issue as you remember has to do with the ability for the public utilities commission to order the building of a transmission line and having to do with the condemnation proceedings that possibly would be affected by that. In the discussion we had issues raised primarily by Senator Davis but concerns by other members about language that was in the -- we got the main bill and then there's a committee amendment, the committee amendment is the meat of the issue we're addressing and in that we had a concern about the fact that we had the word competitiveness of electric markets. We were advised by the public utility commission they advised us why that was there but rather than putting that in statute a new word, we are striking that. There's going to be an amendmentble -- are we passing that out, Mr. President are we passing out the two amendments right now.

SENATOR KEVIN ELTIFE: Yes Senator Fraser we actually distributed both amendments.

SENATOR TROY FRASER: They are being distributed?

SENATOR KEVIN ELTIFE: We distributed them.

SENATOR TROY FRASER: Okay. There's two amendments here. The first one is a committee amendment that was laid out and then the second one is amending that committee amendment. Okay. The -- I am going to go backwards on this. The things that we changed from what we talked about earlier this is the amendment Senator Davis, Van de Putte and Huffman and I worked on during the break with Commissioner Smitherman, it strikes the concern that Senator Van de Putte raised on the competitiveness of the electric markets and the lack of a definition, it makes sure that eminent domain authority under 181.004 is not extended to land oned by the state which is the second amendment we were going to lay out that I am pulling down and then the last one was a suggestion by Senator Davis that she wanted to add balancing amendment that would be added to this and we have added the words at the bottom. Nothing in this subsection shall be interpreted a public entity from preferencing a route preference in a proceeding under this chapter. So after we suspend, assuming we do suspend, I will be laying out the committee amendment first amending that, we'll have discussion on it, assuming it goes on, we would amend that and move forward and I would now open up if there's any questions.

SENATOR KEVIN ELTIFE: Senator Davis did you wish to be recognized?

SENATOR WENDY DAVIS: Yes, thank you, Mr. President. Thank you, Senator Fraser for working with us on the concerns and I do think the amendment has completely resolved the issues as it relates to any additional intrusion on private property interest through the use of eminent domain and I appreciate that. I also believe that we've made an improvement in terms of what might happen with regard to a public entity and that public entity sovereign immunity and their ability to continue to be able to express their preferences and opinions with regard to the routing of a transmission line. Automatic of those are wonderful improvements. Job if that completely resolves what the public entities were here and we were having a conversation with them tonight. It would be my preference that if we do advance this, we take it to third reading, just to make sure that we have an opportunity for that input but I do think the amendment is greatly improved and I will vote to suspend and I appreciate your working with us on this.

SENATOR TROY FRASER: And I also appreciate your input I believe it was productive and our conversations with Chairman Smitherman that we moved the ball forward and hopefully have got a cleaner bill.

SENATOR KEVIN ELTIFE: Thank you, Senator Davis. Members Senator Fraser has moved suspension of the regular order of business to take up and -- House Bill 971. Is there objection in no objection, the rules are suspended. The Chair lays out on second reading House Bill 971. The secretary will read the caption.

PATSY SPAW: House Bill 971 relating to removal of requirements at an electric utility designated third frap for a transmission line.

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

PATSY SPAW: Committee amendment No. 1.

SENATOR TROY FRASER: And members the committee amendment was in the book but they also passed it out. There is going to be another amendment to the amendments that coming and I would answer any questions about that amendment that I think probably if there's no questions, I'd like to lay out the amendment to the amendment that will do the changes to the committee amendment.

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

PATSY SPAW: Floor amendment No. 1 by Fraser amending committee amendment No. 1.

SENATOR KEVIN ELTIFE: Senator Fraser to explain the floor amendment amending committee amendment.

SENATOR TROY FRASER: Members if you are looking at line one it says amend committee amendment No. 1 to House Bill 971, section one of that strikes the k the concerns that Senator Van de Putte raised on the competitiveness of the electric markets and the look of definition. It also makes sure that under eminent domain authority under 181.004 is not extended land owned by the state that was requested by the land commission and then No. 3 is the request by Senator Davis of a I think she term thd a balancing amendment said nothing in this subsection shall be interpreted to prevent a public entity from compressing a route preference many a proceeding in this chapter. And I would now move adoption of the amendment to the amendment.

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

SENATOR TROY FRASER: Members, now before us we have the original committee amendment that we've amended. If there's no questions I would now move adoption of the committee amendment as amended.

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

SENATOR TROY FRASER: I would move passage of House Bill 971 as amended to third reading.

SENATOR KEVIN ELTIFE: Senator Fraser now moves passage of House Bill 971 to third reading.

SENATOR TROY FRASER: Oh I'm sorry there's still another amendment. Did you --

SENATOR KEVIN ELTIFE: Oh, you have an amendment on the bill? There's not one up here. Hold on members one minute we're looking for the Hegar amendment. The following amendment. Secretary read the amendment.

PATSY SPAW: Floor amendment No. 2 by Hegar.

SENATOR KEVIN ELTIFE: Members, we'll wait until you have this amendment in with your hands and then we'll ask Senator Hegar to explain the amendment. Senator Hegar you're recognize to explain the amendment.

SENATOR GLENN HEGAR: Thank you, Mr. President and members, I apologize about that, members, I talked to Senator Fraser about this earlier so I apologize we didn't have it up on the table. This amendment would require PUC to establish by rule additional criterias for granting a CCN for transmission project that is not necessary to meet the state or federal standards. Currently under current law factors that are taken into consideration are route utilizes existing compatible rightaways parallels existing right of ways, parallels property Lincoln forms with policy a prudent avoidness, other factors such as community values, historical asthetic values and a probable improvement of service lower the cost to consumers in the area. This amendment woulded ad a to the criteria must include a comparison of the estimated cost of the project president estimated cost savings as a result of the project and I would ask adoption of floor amendment No. 2.

SENATOR KEVIN ELTIFE: Senator Fraser on floor amendment No. 2.

SENATOR TROY FRASER: Clarification if I could Senator. I want to make sure members understand because I hope I understand what you're saying that any time the PUC considers a transmission lines that being built in order to either alleviate congestion or to lower cost to consumers, as opposed to building it for reliability or renewable energy you want there to be a cost study -- a cost benefit study to be done prior to make sure the project makes sense?

SENATOR GLENN HEGAR: Yes, sir that's all it is just an estimated cost of the project and an estimated cost savings as a result of the project in essence to the consumers who ultimately benefit.

SENATOR TROY FRASER: And just to make clear clear, the amendment you're doing you're not trying to amend all project lines --

SENATOR GLENN HEGAR: No.

SENATOR TROY FRASER: Like that you're just trying to make sure that the PUC makes sure the benefits of the project they're doing exceed the cost.

SENATOR GLENN HEGAR: That is correct and it benefits the consumers in the end who ultimately the cost is going to be pushed off to.

SENATOR TROY FRASER: Members this amendment very acceptable.

SENATOR GLENN HEGAR: Thank you, Senator.

SENATOR KEVIN ELTIFE: Senator Hegar moves adoption of floor amendment No. 2. It is acceptable to Fraser. Is there objection? Chair hears none, floor amendment No. 2 is adopted. Senator Van de Putte for what purpose?

SENATOR LETICIA VAN DE PUTTE: Will the gee yield just for a question.

SENATOR TROY FRASER: I will yield.

SENATOR LETICIA VAN DE PUTTE: Thank you, Senator. Just wanted to make sure by your amendment to the committee amendment it only deals now with public land.

SENATOR TROY FRASER: That is correct.

SENATOR LETICIA VAN DE PUTTE: And we are not at all waive any sovereign immunity for municipalities or school districts or transportation districts or MUDs or anything else?

SENATOR TROY FRASER: Well, you're asking a very broad question I know that there is a memorandum of understanding by way of a franchise agreement with cities and that is already understood. For a quasi entity like doing a transportation or a water supply company we had a clarification on this this is not an expansion of what we're doing issue this is only codifying what the public utilities commission has been doing so we are codifying that, they would order the line, if there is a dispute on this and it happens, that dispute would be carried to a condemnation court and the court would then determine that. So that's what we're doing.

SENATOR LETICIA VAN DE PUTTE: So I know by the amendment to the amendment and the committee amendment your intent is to safe taxpayer money by not having to go through unnecessary litigation or regular the CNN proceedings remanded back?

SENATOR TROY FRASER: That's exactly what this is all about is, that we don't want to spend all of our time in court arguing about or are to route around unnecessarily what the cost would be unborn by the consumer you know the consumers of electricity which are also the tax payer. That's not our intent. What we're trying to do is to make this cost effective as possible but still allow the same procedures that in place right now if there's an appeal of an ridge or anyone else to the PUC they would do it exactly like they do right now.

SENATOR LETICIA VAN DE PUTTE: Thank you, Senator and thank you for working with us and holding off for a little bit to we could get comfort on the amendment I appreciate --

SENATOR TROY FRASER: And we appreciate your input on it. Mr. President I would now move passage of House Bill 971 as amended.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Fraser. Members, you heard the motion by Senator Fraser. Is there objection from any members? The Chair hears no objection from any members, and House Bill 971 as amended passes to third reading. Chair recognizes Senator Fraser for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR TROY FRASER: And I would how move to suspend the three day constitutional rule.

LT. GOVERNOR DAVID DEWHURST: Thank you members. You heard the motion by Senator Fraser. The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and no nays, the rule is suspended. The Chair lays out on third reading and final passage House Bill 971 as amend. The secretary will read the caption.

PATSY SPAW: House Bill 971 relating to removal of the requirements that an electric utility designate preferred route for a transmission line.

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

SENATOR TROY FRASER: And I would now move final passage of House Bill 971.

LT. GOVERNOR DAVID DEWHURST: Yes, sir thank you. Members, you heard the motion by Fraser. The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: There anobeing 30 ayes and no nay, House Bill 971 as amended is finally passed. Congratulations.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes mart Patrick for a motion to suspend the Senate's regular order of business to take up and consider House Bill 1937.

SENATOR DAN PATRICK: Thank you, Mr. President and members, members this is the bill that many of you have cosponsored and almost all of you are supporting this concerns parties that object to the 8th IT canners commonly referred to as full body scanner technology. It virtually strips a person, generates a near nude image of a person's body. A traveler's only alternative to walking through the scanner is to allow a TSA employee to search the traveler's entire body which may include reaching up under the clothing and touching private parts of the body. Essentially a traveler could opt to go there traditional medal detecter through the more invasive AIT scanner personal process, this is no longer a guaranteed option. HB1937 seeks to address these issues and traveler concerns by classifying certain invasive and appropriate conduct used in certain searches as an official oppression. Members I will have an amendment on this once we suspend the rules and members we've had clear testimony from individuals who cannot go through the AIT because either they have cancer, their doctors don't recommend it, they're disabled and they can't go through these searches. In talks with the TSA only 2 percent are subjected to these searches, so members this is a good bill to protect the privacy of Texans. Mr. President I move suspension of the regular order of business.

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

SENATOR JUAN HINOJOSA: To ask the author a question.

SENATOR DAN PATRICK: Sure.

LT. GOVERNOR DAVID DEWHURST: Will Senator Patrick yield?

SENATOR DAN PATRICK: Yes.

SENATOR JUAN HINOJOSA: You know Senator Patrick I know the bengs of the bill and I think those are very good intentions we have issues of how some people feel their privacy being invaded and some what the -- some of the I guess people who are in the airport, law enforcement airport, what's the -- name, air --

SENATOR DAN PATRICK: TSA?

SENATOR JUAN HINOJOSA: Yeah but I understand there may be some problems in terms of federal statutes versus state law that there might be an injunction filed in the Texas in case this becomes law. Do you know anything about that?

SENATOR DAN PATRICK: I can't speak to what the federal government will do. I know that I met with two TSA employees today although they can't legally lobby, they were here to discuss and you know whether they will sue or not to sue, the federal government often tells us they will sue states when states want to stand up on their own and stand up for their citizens, so this -- this is no federal law Senator. This is -- it's rule and policy but it is not trumping federal law. This bill clearly says that if congress passes federal law it would trump this but right now it is a policy by the TSA which to many Americans and many Texans did not make sense when they just randomly pull as they told me today in the back hall only 2 percent go through this invasive touching of private parts and this bill allows them probable cause to do so. So I can't speak to what they will or won't do.

SENATOR JUAN HINOJOSA: Here's my question, I voted for this bill in committee. But I understand I have some concerns about the bills only because I think it's pre-empted by federal law. I know you athere's no law on it but the procedures still are procedures that are put in place by federal -- by TSS.

SENATOR DAN PATRICK: Well, that will have to be decided. I know the bill has moved through the House, voted unanimously to support this bill both Republicans and Democrats both here in the Senate, our legal experts here have watched this process, I am going to have an amendment from the AG's office, matter of fact to address one issue. But we're moving forward.

SENATOR JUAN HINOJOSA: Let me just point out -- I apologize. Let my point out that I read a letter from I think it's the Department of Justice pointing out some concerns they had. No. 1 there might be a conflict between the local law enforcement and of course the people working for the federal government and I do are a will ther here I've just been given a copy. The other one is they may end up having to suspend flights if this law goes to effect, if they can't get an injunction against the statute. Those are the concerns that I have and I do agree with what you're trying to accomplish but like anything else, we have to sometimes deal with federal law that pre-empts state law or federal rules that preampt state law. Do you have a copy of the letter that I'm -- do you have a copy of the letter I am talking about?

SENATOR DAN PATRICK: I do.

SENATOR JUAN HINOJOSA: Have you had a chance to read it?

SENATOR DAN PATRICK: I have.

SENATOR JUAN HINOJOSA: And do you agree with it? I like the bill, don't get me wrong, because I voted for it and I know that people explain about the

(inaudible) people complaint about sometimes the people there across the line but I am very much concerned when I get a letter from the U.S. Department of Justice pointing out some of the concerns and practical reasons why we shouldn't have this bill. There's a concern to me.

SENATOR DAN PATRICK: I understand. This bill has been discussed, debated for months. They sat quietly, it passed the House, they sat quietly, it came to the Senate and suddenly at the 11th-hour they conjure up these issues and I conjure up, where were they before?

SENATOR JUAN HINOJOSA: Let me just read part of it if I may Senator Patrick. "House Bill 1937 would conflict directly with federal law and the practical import of the bill is that it would threaten criminal prosecution transportation communications personnel who carry out disputes, procedures recorded under federal statute and TSA regulations pass to implement those statutes." I could also the other says the effect of this bill if enacted would be to interfere directly with the (inaudible) TSA, responsibility for

(inaudible) avuation security. I guess I am just concerned about that. I don't know -- I know I talked to Representative Simpson and discussed it with him and I do support what he's trying to do I just want to express my concerns with this letter. It seems to me we may have unintended consequences as it applies to federal law and federal rule examination regulations and the way TSA implements those rules at our airports.

SENATOR DAN PATRICK: Well, they do have a defense prosecution, they can move on probable cause and we're going to have an amendment that allows a passenger to give effective consent if they so choose. If the TSA says we need to do this full search and at that point it's between the passenger and TSA whether that person travels or not. It's up to the TSA on that rule, but again they select 2 percent or less of all passengers.

SENATOR JUAN HINOJOSA: Well, think about this for example, you have at the airport here in Austin you have your local state enforcement Austin police department, at the airport and you have a passenger who feels that that the passenger was groped in violation of this bill and then the Austin police department who is working in the airport in conjunction, in cooperatoin with TSA would then have to arrest the TSA employee based on the criminal complaint filed by a passenger.

SENATOR DAN PATRICK: If that were to be the case, yes. Once again most passengers in the high 90s are not patted down. They go through metal detectors. I talked to TSA today they are working on rules very quickly actually to hope to prevent this in the future. maybe passing this bill and leading and there are other states considering the legislation that TSA will move more quickly instead of suing the Texas and threatening the state of Texas. I don't like to be threatened by the federal government we want to keep our airports safe, we want to keep our air safe, I fly, my family flies, if they have probable cause, they can do the invasive searches. Again it's a small, small number of people they do this search with, it's a more recent phenomenon since the AIT canners it's mostly disabled people and mostly people with cancer who don't go through those cappers who are subjected to the searches.

SENATOR JUAN HINOJOSA: Well, you know -- you know that local, when I say local I guess the state I how old say at a time law enforcement people in general oppose House Bill 1937 and I was not aware of that either until after the hashing where they came and talked to me expressed some of the concerns they had. Now, I am just trying to deal with this issue in a way try to make sure what we are doing manages that good public pols what we're running to temporary to safety we run in our airport and trying to make sure people are not carrying bombs and other.

SENATOR DAN PATRICK: We all want that Senator and I believe that if we pass this bill this will bring TSA and the federal government to realize they have to review their policies to keep us safe but also to do it in a manner that the public are not subjected to these invasive searches of children, of women of people who have not any reason to be subjected to these searches.

SENATOR JUAN HINOJOSA: Let me read to you another quote from the letter that we received from the department of criminal justice. The bill makes it a crime for a federal airport security official TSA to perform the security screening that he or he is authorized and required by federal law to perform. I know you want to bite so --

SENATOR DAN PATRICK: Go ahead Senator, I am sorry, I got a lot of people talking.

SENATOR JUAN HINOJOSA: Let me repeat that. The letter from the US Department of Justice says, the bill makes it a crime for a federal transportation security official to perform the security screening that he or he is authorized and required by federal law to perform. I mean it's a clear conflict and I am very much concerned and I'm just bringing my reservations after I told Representative simpson that I would support it, I have not seen all this information that has me reconsidering my position because I am very concerned about counties I represent the -- state law enforcement people and federal agents and TSO personnel.

SENATOR DAN PATRICK: You know, it seems to me Senator and members, it seems to me that there was a time in this state, there was a time in our history that we stood up to the federal government. And we did not cower to rules and policies that invaded the privacy of Texans and apparently the 30 members that were with me 20 minutes ago, people have been working against them and now they're pulling down the vote and so I will respectfully pull the bill down because I don't want to subject senators to casting a tough vote for or against, apparently, who are now off this bill. But this was a come and take it moment. That flag means something. This is a moment when the federal government came in and bullied the state of Texas today and they bullied our leaders and they bullied or senators and they said if you dare pass a bill that makes us change our policy, then we threaten to close down your airports. We threaten the state of Texas with lawsuits. And I'm sorry Senator, I have the same concerns that you have. I share your conditions with this letter, I also share concerns with citizens. Several senators who have been groped personally. Children who -- you know what they told me today, Senator? They told me that the video on U Tube of a babe being checked was because they detected a possible problem in terms that it could be some type of dangerous material. Well, under this bill that would have been a probable cause, it turned out to be nothing. So, Senator, all this bill did is to protect the privacy of Texans who are not terrorists, who are not even suspected terrorists, of being embarrassed, of being groped, of being touched, none of us mind reasonable patdowns. One Senator told me of a story of an elderly gentleman who had lost a lot of weight and they patted him down and they made him put his arms out but he had to take his belt off first. He said if I take my belt off and hold my arms out, my pants will fall down to ankles, and TSA didn't care and this man's pants fell down to his ankles and stood there in his underwear. That what the federal government subjects our citizens to? I would think not. There are better policies, there's better ways to do that and I respect the TSA and the work they're trying to do but I do not like the fact that after this bill has been vetted and passed for months that suddenly they come in at the 11th hour, they come into this Capitol where they're not supposed to lobby and they come in this lobby and threaten and now some people don't want to vote for the bill. So I respect people have a different point of view, and I will pull this bill down but this was a come and take it moment and this, Senator, didn't want the federal government to come and take our liberty and our freedoms and I'll stand on that conviction, but I respect other members for their position. Mr. President, I will pull down 1937 but I will stand on the principle and I will stand for liberty and I will stand for the Texas. Thank you, Mr. President.

SENATOR JUAN HINOJOSA: Senator Patrick, if I may respond --

SENATOR DAN PATRICK: I pulled the bill down. Mr. President.

SENATOR JUAN HINOJOSA: I do agree with you --

SENATOR DAN PATRICK: Mr. President, I pulled the bill down.

SENATOR JUAN HINOJOSA: You know, I do agree with you and throughout history you know there has been something between the state and federal government always and will continue to do to. I do not disagree with your point, it is well made. Thank you.

SENATOR DAN PATRICK: Thank you.

LT. GOVERNOR DAVID DEWHURST: Members, Senator Patrick draws down the House Bill 1937.

SENATOR JOHN WHITMIRE: I wanted to say something. I was ready, I had my newspaper article.

SENATOR TROY FRASER: I want to request not being next if I could.

SENATOR JOHN WHITMIRE: Troy, will you ask me to yield? Will you ask me to yield?

LT. GOVERNOR DAVID DEWHURST: Senator Eltife. On 1338. The Chair recognizes Senator Eltife for a motion to refuse to concur to House amendments to Senate Bill 1338 and request appointment of a conference committee.

SENATOR KEVIN ELTIFE: Mr. President and members, I move to not concur in the House amendments to Senate Bill 1338 and request the appointment of a conference committee. Senate Bill 1338 relates to the powers and duties of state preservation board.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Eltife to refuse to concur no House amendments to Senate Bill 1338 and appoint a conference committee. Are there any objections? The Chair hears none, so ordered. Are there any motions to instruct? The Chair hears none, the following conferees.

PATSY SPAW: Conference committee on Senate Bill 1338 Chair, Senator Eltife, Senator Uresti, Senator Seliger, Senator Hegar and Senator Zaffirini.

LT. GOVERNOR DAVID DEWHURST: Senator Wentworth. 958. Chair recognizes Senator Wentworth for a motion to refuse to concur in the House amendments to Senate Bill 958 and request appointment of a conference committee.

SENATOR JEFF WENTWORTH: Thank you, Mr. President. I do move that the Senate refuse to concur in House amendments to Senate Bill 958 and request appointment of a conference committee. This is the bill relating to the regulation of dangerous wild animals.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Wentworth. Is there objection from any members? The Chair hears no objection from any members, so ordered. Any motions to instruct? The Chair hears no motion to instruct. The following conferees. The secretary will read the conferees.

PATSY SPAW: Conference committee on Senate Bill 958. Chair, Senator Wentworth, members, Senator Watson, Senator Eltife, Senator Hegar, andSenator Uresti.

SENATOR JEFF WENTWORTH: Thank you, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Senator Nichols are you ready on 2499 sir, in Chair recognizes Senator Nichols for a motion to grant the request the House for a conference committee on House Bill 2499.

SENATOR ROBERT NICHOLS: Thank you, Mr. President. I move to grant the house's request to go to appointment of conference committee on House Bill 2499. It's the DIR sunset.

LT. GOVERNOR DAVID DEWHURST: Thank you. Members quu heard the motion by Senator Nichols to grant the request of the House for a conference committee on House Bill 2499. Are there any objections from any members? The Chair hears no objections from any members, so ordered. Any motions to instruct? Chair hears no instructions. The following conferees.

PATSY SPAW: Conference committee on House Bill 2499 Senator Nichols, Chair, members Senator Hegar, Senator Huffman, Senator Whitmire and Senator Hinojosa.

LT. GOVERNOR DAVID DEWHURST: Senator Huffman. May I bother you for a second on 156? The Chair recognizes Senator Huffman for a motion to not concur in the House amendments to Senate Bill 156 and request appointment of a conference committee, Senat eBill 156.

SENATOR JOAN HUFFMAN: Thank you, Mr. President I move that the Senate refuse to concur in House amendments to Senate Bill 156 and request appointment of a conference committee.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Huffman. Members, you heard the motion by Senator Huffman. There objection from any members? The Chair hears no motions, it's ordered. Are there any motions to instruct? The Chair hears no motions to instruct. The following conferees.

PATSY SPAW: Conference committee on Senate Bill 156. Senator Huffman, Chair, members Senator Duncan, Senator Uresti, Senator Nelson, and Senator Deuell.

LT. GOVERNOR DAVID DEWHURST: Senator Lucio 1320. Chair recognizes Senator Lucio for a motion to refuse to concur in the House amendments to Senate Bill 320 and request appointment of a conference committee.

SENATOR EDDIE LUCIO: Thank you, Mr. President and members. I'd like to move at this time not to concur to the House amendments to Senate Bill 320 which would make the execution of debts in lieu foreclosure unlawful at closing. Members I am asking for us not to concur with the House amendments since we have been working with the governor's office and would like to add the negotiating perfecting amendment that we developed with the help of the governor's office. Ly I move that we repause to concur and request appointment of a conference committee to Senate Bill 1320.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Lucio. Members, you heard the motion by Senator Lucio. Is there objection from any members? The Chair hears no objection from any members, so ordered. Any motions to instruct? Chair hears no motions to instruct. The following conferees -- and how was your flight Senator?

PATSY SPAW: Conference committee on Senate Bill 1320. Chair, Senator Lucio, members, Senator Carona, Senator Van de Putte, Senator Eltife, and Senator Estes.

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

LT. GOVERNOR DAVID DEWHURST: Senator Whitmire. Can you do 1489? Chair recognizes Senator Whitmire for a motion to refuse to concur in House amendments to Senate Bill 1489 and request appointment of a conference committee.

SENATOR JOHN WHITMIRE: I so move Mr. President.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Whitmire. Members, you heard the motion by Senator Whitmire. Is there objection from any member? The Chair hears no objection, so ordered. Are there instructions? Are there any motions to instruct the Chair hears no motion to instruct. The following conferees. Thank you madam secretary.

PATSY SPAW: Conference committee on mat bill 1489. Chair, Senator Whitmire, members, Senator Hinojosa, Senator Shapiro, Senator Huffman and Senator Harris.

LT. GOVERNOR DAVID DEWHURST: Senator Hegar is he on the floor? Chair recognizes Senator Hegar for a motion to grant the conference of a House committee on House Bill 1951.

SENATOR GLENN HEGAR: Thank you, Mr. President and members, I move to grant the House request that we have a conference committee on House Bill 951.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members you've heard the motion by Senator Hegar to grant the request of the House for a conference committee on House Bill 1951. Is there any objection from any members? The Chair hears no objections, so ordered. Are there any motions to instruct? The Chair hears no motions. The following conferees.

PATSY SPAW: Conference me on House Bill 1951 Chair Senator Hegar, members Senator Huffman, Senator Williams, Senator Nelson, and Senator Uresti.

LT. GOVERNOR DAVID DEWHURST: Senator Zaffirini on 3577. The Chair recognizes Senator Zaffirini for a motion to grant request the House of a conference committee on House Bill 3577.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President. Mr. President members, I move the Senate grant the request of the House for a conference committee regarding House Bill 3577.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Zaffirini. Members, you heard the motion by Senator Zaffirini. There objection from any members? The Chair hears no objections, so ordered. Are there any motions to instruct Chair hears no motions to instruct. The following conferees.

PATSY SPAW: Conference committee on House Bill 3577 Senator Zaffirini, Chair, members Senator Carona, Senator Duncan, Senator Eltife, and Senator Watson.

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

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Zaffirini for a motion to refuse to concur in the House amendments to Senate Bill 1816, 1816 and request appointment of a conference committee.

SENATOR JUDITH ZAFFIRINI: Thank you, Mr. President I move that the Senate refuse to concur in the House amendments to Senate Bill 1816 and request the appointment of a conference committee.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Zaffirini. Members, you heard the motion by Senator Zaffirini. Is there objection from any members? The Chair hears no objection from any members, so ordered. Are there any motions to instruct? The Chair hears no motion to instruct. The following conferees.

PATSY SPAW: Conference committee on Senate Bill 1816, Chair, Senator Zaffirini, members, Senator Lucio, Senator Rodriguez, Senator Carona and Senator Fraser.

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

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Uresti for a motion on the conference committee report on Senate Bill 201. Senate Bill 201.

SENATOR CARLOS URESTI: Thank you, Mr. President and members, good evening I move to adopt the conference committee report on Senate Bill 201.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Uresti who moves to adopt the conference committee report on Senate Bill 201. The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes, zero nays the conference committee report is adopted on Senate Bill 201.

SENATOR CARLOS URESTI: Thank you.

LT. GOVERNOR DAVID DEWHURST: Senator Shapiro 1534.

SENATOR FLORENCE SHAPIRO: Yes, sir.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Shapiro for a motion to refuse to concur in the House amendments to Senate Bill 1534 and to request the appointment of a conference committee.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President I move the Senate refuse to concur on House amendments to Senate Bill 1534 relating to the regulation of for profit or career colleges and request the appointment of of a conference committee.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Shapiro, there objection from any members? The Chair hears none, so ordered. Are there any motions to instruct? Chair hears no motion to instruct. The following conferees.

PATSY SPAW: Conference committee on Senate Bill 1534 Senator Shapiro, Chair, members, Senator Jackson, Senator Harris, Senator Eltife and Senator Zaffirini.

LT. GOVERNOR DAVID DEWHURST: Senator Whitmire the conference committee report on 316. The Chair recognizes Senator Whitmire for a motion do adopt a conference committee report for Senate Bill 316.

SENATOR JOHN WHITMIRE: Thank you, Mr. President and members, Senate Bill 316 conference committee report I move adoption. This is asset forfeiture legislations that is so important and we absolutely kept the Senate language. When I say I am going to fight for the Senate language and conference I mean it and I move adoption of the conference committee report. Thank you for your assistance, Mr. President.

LT. GOVERNOR DAVID DEWHURST: Members Senator Whitmire moves the adoption of the conference committee report on Senate Bill 316. The secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes, zero nays the conference committee report on Senate Bill 316 adopted. Chair recognizes for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 3647 to.

SENATOR STEVE OGDEN: : Mr. President and members, I move to suspend the regular order of business to take up and consider Committee Substitute to House Bill 3647 members. This is the miscellaneous claims bill and it is a payment of claims and judgments against the state that have been fully adjudicated and the state owes the money. If you go to the fiscal note it appropriates 17,700,000 of the general revenue, 2,708,000 of the state highway fund and 185,000 out of the hazardous and radiation waste account. The biggest component in this big is to pay lawyers who represented the state with under a contract in a large Medicaid fraud case. I move to suspend the regular -- the Senate's regular order of business.

SENATOR DAVID DEWHURST: Thank you, Senator Ogden. Members, you heard the motion by Senator ugh den. Is there objection from any members? The Chair hears no objection from any members, the rule is suspended. The Chair lays out on second reading, Committee Substitute to House Bill 3647. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 3647 relating to directing payment after approval of certain miscellaneous claims and judgments against the state.

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

SENATOR STEVE OGDEN: Mr. President and members, I move final third reading of Committee Substitute House Bill 3647.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Ogden. Is there objection from any members? The Chair hears no objection from any members, Committee Substitute to House Bill 3647 passes to third reading. Chair recognize Senator Ogden for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR STEVE OGDEN: Mr. President members, I move to suspend the constitutional three day rule to take up and consider committee stew House Bill 3647.

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

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

LT. GOVERNOR DAVID DEWHURST: There being ayes, zero nays the rule is suspended. The Chair lays out on third reading and final passage Committee Substitute to House Bill 3647. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 3647 relating to drepghting payments and certain miscellaneous judgments against the state.

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

SENATOR STEVE OGDEN: Mr. President and members, I move final passage of Committee Substitute to House Bill 3647.

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

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

LT. GOVERNOR DAVID DEWHURST: There being ayes, zero nays Committee Substitute to House Bill 3647 is finally passed. 2439. The Chair recognizes mart Watson for a motion to suspend the Senate's regular order of business to take up and consider Committee Substitute to House Bill 2439.

SENATOR KIRK WATSON: Thank you, Mr. President. Members I move to suspend the Senate's regular order of business to take up at this time the Committee Substitute to House Bill 2439. Member this is bill would make government more efficient and transparent by allowing state employees to post cost savings ideas on the websites of our largest state agencies. This bill would also are the LBB post documents on line and have agencies post data. They already collect on line if they can do so within their existing budgets. I off suspension of the rules. I will acone other thing members that Senator Carona has a bill that he is going to offer up as an amendment to this bill that is a very important piece of legislation that as I understand it is tied up in the House. I move suspension of the rules.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Watson. Members, you heard the motion by Senator Watson Is there objection from any members? The Chair hears no objection from any members, the rule is suspended. The Chair lays out on second reading committee to House Bill 2349. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 2439 posting suggestions and ideas on cost efficiency on certain state agency websites.

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

PATSY SPAW: Floor amendment No. 1 by Carona.

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

SENATOR JOHN CARONA: Thank you, Mr. President and thank you, Senator Watson. Members this was a bill that passed out of here on the local calendar. It deals with the state's power to choose web site which is used to promote custom choice in the competitive markets. Competitive electric markets by enabling customers to actually shop for competitive rate on line. Unfortunately it was knocked off of the calendar in the House and I would appreciate your once again your favorable consideration. I move adoption.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Watson on floor amendment one.

SENATOR KIRK WATSON: It is a very -- this bill is a very important bill by Senator Carona and I accept the amendment and it's acceptable to the author.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Carona. It's accepted by the author. Is there objection from any members? The Chair hears no objection from any members, and Committee Substitute to House Bill 2439 as amended passes to third reading. Chair recognizes Senator Watson for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR KIRK WATSON: You believe I need ting to third reading.

LT. GOVERNOR DAVID DEWHURST: I'm sorry.

SENATOR KIRK WATSON: You believe we need to pass it to third reading correct?

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Watson -- thank you. The Chair recognizes Senator Watson for a motion to move Committee Substitute to House Bill 2439 as amended to reading.

SENATOR KIRK WATSON: Thank you very much Mr. President I do uEf passage of Committee Substitute House Bill 2439 as amended to third reading.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Watson. Is there objection from any members? The Chair hears no objection from any members, and Committee Substitute to House Bill 2439 as amended passes to third reading. Chair recognizes Senator Watson for a possession to suspend the constitutional rule that bills be read on three several days.

SENATOR KIRK WATSON: So moved Mr. President.

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

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

LT. GOVERNOR DAVID DEWHURST: There being ayes, zero nays the rule is suspended. The Chair lays out on third reading final passage Committee Substitute to House Bill 2439 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 2439 relaying to posting suggestions and certain budget documents on certain state agency websites.

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

SENATOR KIRK WATSON: Mr. President I move final passage of Committee Substitute to House Bill 2439 as amended.

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

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

LT. GOVERNOR DAVID DEWHURST: There being ayes, zero nays Committee Substitute to House Bill 2439 as amended is finally passed.

SENATOR KIRK WATSON: Thank you very much Mr. President, thank you members, thank you, Senator Carona.

LT. GOVERNOR DAVID DEWHURST: Mr. Doorkeep er.

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

LT. GOVERNOR DAVID DEWHURST: Admit the messenger.

MESSENGER: Thank you, Mr. President Mr. President I am directed by the House to inform the Senate that the House has taken the following action, the House has granted the request of the Senate for the appointment of a conference committee on the following measures, SB23 House conferees Zerwas, Chair, John Davis, Veronica Gonzales --

LT. GOVERNOR DAVID DEWHURST: Members the following motion in writing by Senator Duncan. The following motion in writing by Senator Duncan. Senator Duncan moves that the Senate grant the request of a House committee on House Bill 2817. There any objection from any members? Chair hears no objection from any members, it's so ordered. Are there any motions to instruct? The Chair hears no motion to instruct. The following conferees.

PATSY SPAW: Conference committee on House Bill 2817 Senator Duncan Chair, members, Senator Ellis, Senator Jackson, Senator Van de Putte, Senator Williams.

LT. GOVERNOR DAVID DEWHURST: Members Chair recognizes Senator Shapiro for a motion to reconsider the vote by which HB6 passed to third reading.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President and members, I ask the reconsider passage to third reading of HB6 -- Committee Substitute to HB6 at this time.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you have heard the motion by Senator Shapiro. Senator Zaffirini for what purpose do you rise?

SENATOR JUDITH ZAFFIRINI: For a question.

LT. GOVERNOR DAVID DEWHURST: For a question.

LT. GOVERNOR DAVID DEWHURST: You're recognized.

SENATOR JUDITH ZAFFIRINI: Thank you, Senator Shapiro I know several of us support your bill and we were concerned the amendments. You and I have not had an opportunity to discuss those amendments but could you just please explain to us so we'll understand what the purpose is.

SENATOR FLORENCE SHAPIRO: Absolutely. First of all, there was an amendment that was laid out by Senator Patrick that specifically talked about the national standards, and we're going to pull that amendment down and then we have also have two amendments one dealing with open source materials and the SBOE. It said that they have the final vote we're going to make that review and consider -- review and comment excuse me. Its open review as well as with the commissioner's list.

SENATOR JUDITH ZAFFIRINI: So are there any amendments that were adopted (inaudible)?

SENATOR FLORENCE SHAPIRO: Yes, I'll keep two of mine that were the virtual school aims to continue with the virtual school program that we currently have.

SENATOR JUDITH ZAFFIRINI: Thank you very much.

SENATOR FLORENCE SHAPIRO: You're very welcome.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Shapiro. There objection from any members? The Chair hears no objection and so ordered. The Chair lays out on second reading Committee Substitute to House Bill 6. The secretary will read the caption.

PATSY SPAW: Committee Substitute to House Bill 6 relating to the foundation curriculum, the establishment of instructional materials allotment and the adoption and review and purchase of instructional materials for public schools.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Patrick for a motion to reconsider the vote by which floor amendment No. 5 was adopted.

SENATOR DAN PATRICK: So moved Mr. President.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Patrick. Is there objection from any members? The Chair hears no objection from any members, and the motion adopted. The Chair recognizes Senator Patrick for a motion to adopt floor amendment No. 5.

SENATOR DAN PATRICK: Yes and we're going on third reading have an amendment from Senator Uresti but I move this amendment at this time.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Patrick. The Chair recognizes Senator Patrick to reconsider the vote by which floor in the meantime No. 9 was adopted.

SENATOR DAN PATRICK: So moved I'm sorry.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Patrick. Members, you heard the motion by Senator Patrick. Is there objection from any members? The Chair hears no objection from any members, the motion to reconsider the vote by which floor amendment No. 9 was adopted granted. The Chair recognizes Senator Patrick for a motion to adopt amendment nine.

SENATOR DAN PATRICK: Yes I believe we just did that. We withdraw --

LT. GOVERNOR DAVID DEWHURST: That was reconsider.

SENATOR DAN PATRICK: Okay I withdraw amendment nine.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Is there objection from any members? The Chair hears no objection from any members, so ordered. The Chair recognizes cor for a motion to pass the Committee Substitute to House Bill 6 as amended to third reading.

SENATOR FLORENCE SHAPIRO: So moved.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members, you heard the motion by Senator Shapiro, Is there objection from any members? The Chair hears no objection from any members, Committee Substitute House Bill 6 as amended passes to third reading. The Chair recognizes Senator Shapiro for a motion to -- the Chair lays out on third reading and final passage -- the Chair recognizes Senator Shapiro for a motion to suspend the constitutional -- you know we just did this, this is the first time we ever did this.

SENATOR FLORENCE SHAPIRO: A lot of motions at one time.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Shapiro for a motion to suspend the constitutional rule that bills be read on three several days.

SENATOR FLORENCE SHAPIRO: So moved.

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

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

LT. GOVERNOR DAVID DEWHURST: There being ayes, zero nays the rule is suspended. The Chair lays out on third reading final passage Committee Substitute to House Bill --

SENATOR DAN PATRICK: No we have an amendment I believe.

LT. GOVERNOR DAVID DEWHURST: We're going to do that, I am not -- the Chair lays out on third reading and final passage Committee Substitute to House Bill 6 as amended. The secretary will read the caption.

PATSY SPAW: Committee Substitute House Bill 6 relating to foundation curriculum and publish instructional materials allotment.

LT. GOVERNOR DAVID DEWHURST: The Chair lays out floor amendment number -- lays out floor amendment No. 8.

SENATOR FLORENCE SHAPIRO: I believe.

SENATOR DAN PATRICK: Eight.

LT. GOVERNOR DAVID DEWHURST: I am advised by two ladies it's one. Third reading -- one. The first one on third reading by Senator Uresti. The secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 amending second reading amendment No. 8. This amendment is by Uresti.

LT. GOVERNOR DAVID DEWHURST: Chair recognize is Senator Uresti to explain floor amendment No. 1.

SENATOR CARLOS URESTI: Thank you members, I know it's a little confusing but Senator Shapiro thank you for working with me and Senator Davis and Senator Patrick on trying to resolve some of the concerns that we had. Members Senator Patrick withdrew some of his amendments that drew concern and discussion with these different members. My amendment addresses the concerns that we had by allowing the state board of education to review and comment on the material until the 90th they after the date that the material is placed on the list and I think this addresses many of the concerns and I think it's also acceptable to the author of the bill.

SENATOR FLORENCE SHAPIRO: Yes it is.

LT. GOVERNOR DAVID DEWHURST: Senator Uresti moves adoption of floor amendment No. 1. It's acceptal to the author Senator Shapiro, is there objection from any members? Senator Van de Putte for what purpose do you rise?

SENATOR LETICIA VAN DE PUTTE: May ask the author --

LT. GOVERNOR DAVID DEWHURST: Will Senator Uresti yield to Senator Van de Putte?

SENATOR CARLOS URESTI: Yes I will.

SENATOR LETICIA VAN DE PUTTE: Thank you, Senator Uresti I move wanted to clarify in 31.0231C, is this all adoption or this just instructional materials supplemental mid cycle review?

SENATOR CARLOS URESTI: I'll have to yield to Senator Shapiro because I don't know the answer to that question.

SENATOR FLORENCE SHAPIRO: I believe it's just supplemental. Yes.

LT. GOVERNOR DAVID DEWHURST: Will Senator Uresti yield to Senator Shapiro?

SENATOR CARLOS URESTI: I do.

SENATOR FLORENCE SHAPIRO: If I am reading this correctly I believe it's the materials that are placed on and these are specifically if it's related to the other amendments thighs are specifically those that are on the commissioner's list -- butte the supplemental.

SENATOR FLORENCE SHAPIRO: Correct.

SENATOR LETICIA VAN DE PUTTE: Because the SBOE already has rules in place for regular adoption.

SENATOR FLORENCE SHAPIRO: That is correct.

SENATOR LETICIA VAN DE PUTTE: This is had the supplemental mid cycle review.

SENATOR FLORENCE SHAPIRO: That is correct.

SENATOR LETICIA VAN DE PUTTE: Thank you.

SENATOR FLORENCE SHAPIRO: Thank you.

LT. GOVERNOR DAVID DEWHURST: Members before us is a motion by Senator Uresti for the adoption of floor amendment No. 1. It's acceptable to Senator Shapiro. Is there objection from any members? The Chair hears no objection from any members, and floor amendment No. 1 on third reading is adopted. Chair lays out on floor amendment No. 2 on third reading by Senator Uresti. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. 2 by Uresti.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Uresti on floor amendment two third reading.

SENATOR CARLOS URESTI: Thank you, Mr. President, members, this is another amendment that addresses some of the concerns that were brought up earlier this evening that if you look at second page it talks about the fact that lot later than the 90th day on instructional materials submitted before placement of that material on the list the board once again will be able to review and comment and this addresses concerns about them having that over brig or veto power and that addresses many of the concerns that we had and I move adoption of amendment No. 2 on third reading and you believe it's acceptable to the author as well.

SENATOR FLORENCE SHAPIRO: Yes it is.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Shapiro on floor amendment No. 2 third reading.

SENATOR FLORENCE SHAPIRO: Thank you, Mr. President and Senator Uresti thank you very much for working on this. There was (inaudible) the last draft and it looked to all of us that it was struck out all the information about university faculty and those that put together the open source materials. So we took that bact out of the bill and we also gave the reviewing comment that you wanted to the SBO, to review and comment on the open source material as well. So thank you.

SENATOR CARLOS URESTI: Thank you, Senator Shapiro.

SENATOR FLORENCE SHAPIRO: Thank you.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Uresti, it's acceptable to the author Senator Shapiro. Is there objection from any members? The Chair hears no objection from any members, and floor amendment No. 2 is adopted. The Chair recognizes Senator Shapiro for a motion.

SENATOR FLORENCE SHAPIRO: Thank you very much Mr. President and members, I move final passage of Committee Substitute to House Bill 6 at this time as amended.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator and congratulations. Members, you heard the motion by Senator Shapiro. The secretary will call the rollthank you, Senator Patrick.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes, zero nays, Committee Substitute to House Bill 6 as amended is finally passed.

SENATOR FLORENCE SHAPIRO: Thank you very much Mr. President, and members for you're help.

LT. GOVERNOR DAVID DEWHURST: Members for your help. The Chair recognizes Senator Williams for a motion to suspend the Senate's regular order of business to take up House Bill 2770. 2770. You're recognized on --

SENATOR TOMMY WILLIAMS: Thank you, Mr. President and members, House Bill 2770 is an omnibus bill to clarify and make changes to the power and duties of port authorities. It's brought to me by the ports, I have three perfecting amendments. One that will take out the section one which would allow ports to meet behind closed doors. Amendment No. 2 which is a technical cleanup correction and amendment No. 3 which permits the state auditors office to audit a port promotion and development fund. Mr. President I move to suspend the Senate's regular order of business to take up and consider House Bill 2770.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Williams. Members, you have heard the motion by Senator Williams. Is there objection from any members? The Chair hears no objection from any members, the rule is suspended. The Chair lays out on second reading House Bill 2770. The secretary will read the caption.

PATSY SPAW: House Bill 2770 relating to power and duties of navigation districts, port authorities and certain municipalities.

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

PATSY SPAW: Floor amendment No. 1 by Williams.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Williams to explain nor amendment No. 1.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President. Section one of the bill permits navigation districts, port authorities and the port of Galveston to meet in closed session to deliberate contracts, facilities and services. I opposed these closed meetings and this amendment would trike section one of the bill and renumber the remaining sections accordingly. I move adoption.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Williams. Members, you heard the motion by Senator Williams. Is there objection from any members? The Chair hears no objection from any members, floor amendment No. 1 is adopted. The following floor amendment No. 2 by Senator Williams. Secretary will read the amendment.

PATSY SPAW: Floor amendment No. two by Williams.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Williams to explain floor amendment two.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President, S11 of the bill gives port authorities more flexibility in acquiring developing and financing port authority facilities. The attorney general has expressed concerns with this language as did some of the naff gages districts upon further consideration both the ports and the attorney general have agreed it would be better to strike this section and floor amendment two strikes section 11 of the bill. I law adoption.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Williams. Members, you heard the motion by Senator Williams. Is there objection from any members? The Chair hears no objection from any members, floor amendment No. 2 is adopted. The following floor amendment, floor amendment No. 3 by Senator Williams and Ellis. The secretary will read the amendment.

PATSY SPAW: Floor amendment No. 3 by Williams.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Williams to explain floor amendment three.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President. Members floor amendment No. 3 permits the state auditors office to audit the promotion and development funds of ports in navigation districts. The districts would reimburse the auditors for all costs associated with auditing those promotion and development accounts. I move adoption of floor amendment No. 3.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Senator Jackson for what purpose to quo rise, sir?

SENATOR MIKE JACKSON: Question of Senator Williams.

LT. GOVERNOR DAVID DEWHURST: Will Senator Williams yield?

SENATOR TOMMY WILLIAMS: I'll be glad to.

SENATOR MIKE JACKSON: Thank you, Senator Williams. I don't have the bill out in front of me but I was just curious on floor amendment No. 3. There any kind of time lines that associated with this or did that have to take place within one year, two years, five years or --

SENATOR TOMMY WILLIAMS: The insist not a time line on it then -- let me get the amendment back in front of me Senator Jackson.

SENATOR MIKE JACKSON: I didn't see anything in the amendment, I thought that may be there would be being in the bill that related to that.

SENATOR TOMMY WILLIAMS: No it's permissive it doesn't require that it be done and so it just gives the state auditor the ability ago? So there's no time line that's needed.

SENATOR MIKE JACKSON: And this is strictly for their promotional and development fund.

SENATOR TOMMY WILLIAMS: Correct.

SENATOR MIKE JACKSON: Not any other facets that are out there.

SENATOR TOMMY WILLIAMS: Correct.

SENATOR MIKE JACKSON: Okay thank you, sir.

SENATOR TOMMY WILLIAMS: Thank you.

SENATOR JOHN WHITMIRE: Mr. President.

LT. GOVERNOR DAVID DEWHURST: Senator Whitmire for what purpose?

SENATOR JOHN WHITMIRE: Will the Senator yield?

LT. GOVERNOR DAVID DEWHURST: Will Senator Williams yield?

SENATOR JOHN WHITMIRE: Senator Williams do you know the approximate amount that's in this fund in the promotional and development fund?

SENATOR TOMMY WILLIAMS: Well, Senator Whitmire there are a number of courts across and navigation districts across the state so it would vary from navigation district to navigation district so the shorter answer is no I don't know what's in there. I know that these funds can be quite large, I know that from my research that there have been questions about the use of these funds in the past and I know that currently the port of Houston there's some questions about how some of that machine was spent and I know that we have used the state auditor, there's a history of us using them in the past to audit this very specific area of a port's operation.

SENATOR JOHN WHITMIRE: B obviously I was probably focusing on Houston and I was just wound the cul of money they were talking about it. I think it's a good amendment, I support it. I was just kind of -- I know how move ad valorem tax revenue they receive in Houston so I was just trying to get some grasp of the magnitude of the funds you were talking about. So well find out when we get inside it.

SENATOR TOMMY WILLIAMS: Okay.

LT. GOVERNOR DAVID DEWHURST: The Chair lays out floor amendment number -- members you heard the motion by Senator Williams on floor amendment No. 3. Is there objection from any members? The Chair hears no objection from any members, floor amendment No. 3 by Senator Williams is adopted

LT. GOVERNOR DAVID DEWHURST: The the Chair lays out floor amendment No. -- members you heard the motion by Senator Williams about floor amendment No. 3 is there objection from any members Chair hears no objection from any members on floor amendment No. 3 by Senator Williams Chair lays out floor amendment No. 4 by Senator Ellis the secretary will read the amendment.

CLERK: Floor amendment No. 4. By Ellis.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Ellis to explain floor amendment No. 4.

SENATOR RODNEY ELLIS: thank you members this amendment is purely technical and it aims to if clarify overlapping language in the current water code it is acceptable to author. In the 81st legislation we passed two separate bills addressing a few of the the same statutory provisions but using different language.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Ellis. This is clarify amendment that clears up some mistakes last session I think and it is acceptable, and it just took me a second to recognize.

SENATOR RODNEY ELLIS: It's okay, it's late.

SENATOR RODNEY ELLIS: It is acceptable.

TOMMY WILLIAMS: It is acceptable.

SENATOR RODNEY ELLIS: And I move adoption.

LT. GOVERNOR DAVID DEWHURST: Members Senator Ellis moves that the adoption of floor amendment No. 4 it's acceptable to Senator Williams is there objection from any members floor hears in objection floor amendment No. 4 is adopt. Chair lays out floor amendment No. 5 by Senator Whitmire. The secretary will read the amendment.

PATSY SPAW: Floor amendment No. 5 by Whitmire.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Whitmire.

SENATOR WHITMIRE: Thank you, Mr. President, members. If I could have your attention this amendment will place Port of Houston Authority under sunset review under the next cycle and follow-up review after six years. It's similar to the recent self-sunset Houstons and Austins capitol metro it does not allow the termination of the a port so it should do certainly no harm and I could spend great deal of time tonight telling the why I think this is necessary. First as a members of sunset during the next two years I can assure you that this the process that this agency needs go through on sunset process louse agencyings to examine their practice their policy it is the expenditure of tax dollarss their total of conduct, their potential conflicts of interest the Houston Port is very right to go through sunset the Houston Chronicle Today, editor rail lids that they need to come forward to go and sale and answer questions about their conflicts of interest. We've had allegations of self-dealing between vendors and commission members they recently had a management contract with the country of Libya. That they were out of they gave a employee leaving $145,000 a month consulting contract and I could go on and on they received $52 million a year in county property tax add velour rem revenue they are a creature of the State of Texas we authorize them, created them. Our tax collector and assessor in Harris County

(inaudible) who by the way was one to have the original Tea Party candidates beak con county tax assessment collector as a three page bid today calling for the

(inaudible) questions and I think it would be the proper venue for the port to come and have a dialogue with sunset members. We have two public members that serve on the sunset commission this amendment is supported by the Harris County delegation Senator Williams I Sunday taking under consideration but certainly Senator Huffman, Patrick Senator Jackson which has a significant part of the the port in his district supports this amendment as well as Senator Ellis and Senator Gallegos. It's not driven by any personality specific but it is for our communities concern about something that is so so important to the economic vitalty of Houston and the State of Texas that it be run properly, no funds wasted total transparency which obviously does not exist at this time. At this time I would move adoption of this amendment and allow the sunset process to take place.

LT. GOVERNOR DAVID DEWHURST: Senator guyuation goeses for what purpose do you rise. MARIO GALLEGOS, JR.: Will the gentleman yield.

LT. GOVERNOR DAVID DEWHURST: Senator Whitmire yield to Senator.

SENATOR JOHN WHITMIRE: I'd be glad to.

SENATOR GALLEGOS: Senator Whitmire, I mean first the majority of the port of Houston is in my district, it includes administration building and some of the the amendment like Senator Elliss amendment and this one that you've introduced for the port of Houston really is the area where I was born and raised and it saddens me that a day like this comes where we have to try to audit them and now sunset them but in light of the circumstances that are we didn't know what was going on in light that we've been here we've heard stories that have come out and that I believe that this this sunset review necessary but I just want to make sure that when it happens those that represent the port were there also so we can hear exactly what the issues that you just explain the process the conflicts of interest everything that is happening inside port of Houston that we know that's happening.

SENATOR JOHN WHITMIRE: Let me tell you and now that you've mentioned it and Senator Williams I hope that you see the intent of my amendment. In talking to the county judge in (inaudible), he suggested to me and concurred that sunset might be the best process to examined getting the port out of the business of receiving ad valorem taxes, like airport authority gets no tax dollars. It raises its revenue from the airlines and from its vendors. But Houston port unlike most other ports in the country is not self-supporting Judge Emmet and I discussed that the sunset might want to examine the possibility of getting the Houston port total independent as an authority that did not depend on any add valorem taxes, they have the business. They have the resources the vendors shipping company so that would be a the major element for sunset to examine. Senator Gallegos you're right you remit most of the the port their offices their operations many of their employees live in your district as they do Senator Jackson, mine, and others. I will close in asking you to allow us to place them under sunset by the headline in the Houston Chronicle just today. Port leaders to the district attorney. Investigate us. I do not want to go forward with a major intent's Houston port with these kind of head lines I would like a very thoughtful sunset process to allow them though and explain their position maybe do a little self-examinations, maybe a little cost effective operations and I think sunset would be an excellent opportunity to do that and also as a members of sunset I commit to spend as much time as necessary to work with the port, its officials and other legislators. At this time I would move adoption of the the amendment.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Whitmire. The Chair recognizes Senator Williams on the motion.

SENATOR TOMMY WILLIAMS: Members Senator Whitmire's amendment makes for great politics but for public policy and there is there are a lot of things that are going on here and first of all I would be the last person on this floor to defend any of the questionable activities that have gone on at the port of Houston and clearly they need to be investigated and it needs to happen sooner rather than later and I agreed with the editorial that was written in the Chronicle that it need to be looked at and it's interesting that Senator Whitmire would bring up Judge Emmet because I spend about an half an hour with Judge Emmet today he knows that I'm carrying this bill he mentioned nothing to me about putting the port under sunset so it's news to me even though I spent an half hour with him today discussing legislative matters I'm not saying what you're saying is not true but I think it's interesting that he would come to see me about legislative issues affecting Harris county knowing that I was carrying this bill and not even mention to me that he would like to see the port of Houston put under sunset. Members there's no question that there's a lot of -- there's questionable activities that is going on at the port that needs to be looked at I don't question that at all I do question whether the sunset process is the right way to do that the port of Houston was created in 1927 by the legislature and we gave Harris County the ability to create this port. It was approved by the voters and the commissioners court in Harris County has jurisdiction over who serves on the port of Houston on the commissioners board they pick some the city of

(inaudible) these one and then you have a council of cities that are -- Harris County cities that also get the pick one of the the port commissioners and so clearly there are problems there, but I think that we're sending the wrong signal with the sunset process. Traditionally the sunset process has been reviewed it's been used to review state agencies this is not a state agency it was created by the legislature this is like saying okay we're going to send in sunset the municipal utility district in your district Senator Hegar or in your district Senator Huffman this is coming into fort bend county and saying okay we created this municipal utility district for you we've given it over to your local governances but now we think it needs to go under sunset review and here's the problem with that members. These agencies like the port of Houston like many of the the other ports around our state and also like Orifer authorities these entities are cause city state intents we created them or we gave the local government folks the a lot create them but they don't survive on state tax revenue its revenue bonds for instance in a case of our river authorities it's the case exclusively. In the case of port of Houston the local voters in Harris County have elected to impose an add valorem tax on themselves that wasn't done without the voters having a saying in it and they still have a say so in that through their commissioners court and the county judge. A lot of the the port activity is financed through revenue bonds like the activity at the airport is and I think when you put an agency under sunset review process you are sending the wrong signal to the folks who finance and buy those bunteds and so I can just tell you that I'm going respectfully oppose this amendment by Senator Whitmire, I'm not questioning his intentions about what he wants to do but I think we disagree about what this should be dean and in the pass the legislature has asked the the State auditor and look at these promotional and developmental accounts in the port of Houston and in other ports so we're giving them the authority to go in and to that at any port informant country but I think to pull in ha local government agency and put it through a state sunset review process is not without precedent but I think that it is probably by the of overreach on our part and that we need to at least give our local elected officials in Harris County the opportunity to clean up their own mess and I think it's clear that there's a message there and I think it's clear that they're taking steps to try to correct that so I would respectfully move to table Senator Whitmire's amendment No. 5.

SENATOR TOMMY WILLIAMS: Mr. President.

LT. GOVERNOR DAVID DEWHURST: Senator Williams both Senator Jackson Senator Patrick wish to speak but you've moved to table, it's not debatable, so unless you object I move to close with Senator Whitmire the Chair recognizes Senator Whitmire to close.

SENATOR JOHN WHITMIRE: Well, first of all let me address the issue --

SENATOR TOMMY WILLIAMS: Mr. President, would like to withdraw my motion to table because I don't want to cut off the ability of these other folks to ask their questions or make comments.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Senator Jackson for what purpose do you rise.

SENATOR MIKE JACKSON: I was hoping Senator Williams would yield.

LT. GOVERNOR DAVID DEWHURST: Will Senator Williams yield.

SENATOR TOMMY WILLIAMS: Glad to.

SENATOR MIKE JACKSON: Thank you. And thank you, Senator Williams for withdrawing your motion I just need to dime in here because this this is a big issue for us the port of Houston and the economy that it brings into our area is huge that the importance to the State of Texas is huge and they have grown tremendously over the years. What did say that the year was that they were formed by the legislature like second-degree or something.

SENATOR TOMMY WILLIAMS: Senator Jackson the legislature authorizes the creation of the the port of Houston in 1927 and then it was done by the local voters but if I could also respond to something is that you said about how important it is to our states economy the port of Houston is responsible for over 7852000 direct and indirect jobs in our in our state all across the State of Texas 118 physical dollars of annual economic activity and the ship channel industries that are there because of our port pay about $3.7 billion in state and local ability wall taxes. It's the leading export state in the nation is Texas and the port of Houston is the largest exporting port in the state and the I agree with Senator Whitmire that the port needs to be examine and had there need to be an investigation of what's going on and if the state laws have been broken the attorney generals office has the ability to go in there the make district attorney office has the ability to go in there the port is required to give month I will reports to the Harris County auditors report and the folksed who represent the residence of Harris County the Harris County commissioners court they have jurisdiction over those commissioners are and so I think we need to give those local elected officials the opportunity to clean this mess up and it is a mess but I think it's a mistake for us to jerk this back and put it under sunset review process and take such an important economic engine for our state and subject it to that process I do not believe it's the right thing to do at this point if they can't clean up therein mess we may have to resort to this.

SENATOR MIKE JACKSON: Okay. Well, Senator Williams you're looking at this probably I'm looking at it 1850 dreys the opposite than you are. You're coming across to me that this is some we're going to investigate you got you and all this is because of some couple of vents that have been in the paper lately I'm looking at it in the four years that I served on the sunset year back four year -- my term ended four years ago, I think that the sunset best practices audit the look of the the organization some of the the innovative things that are being done now all over state agencies they've all enjoyed being I say enjoyed I think after these sunset process was done I think they look back and say that probably did us a lot of good and I think if it's been there since 1927 we've never had any kind of audit or investigation along those lines and I just see where that would be a bad thing to do and the -- do you know what the wasn't is for the port every year.

SENATOR TOMMY WILLIAMS: I have it here in my notice I can't tell you off the top of my head it's huge.

SENATOR MIKE JACKSON: It's big and they're doing a lot of good things and I know you have friends that are on that commission and they are very influent well, folks that know what they are doing and they do do a good job I just find it interesting that you think it's okay to send in the state auditores office to audit one fund the promotional fund or whatever you call it but then that you would be opposed at looking at some of the the other operations for best practices and some of those things I just think it would be a healthy thick to do and believe me I'm not -- there's nothing that motivates me based on anything that I've seen of current event that is have happened there I just think it would be a healthy thing to do and if we have an opportunity to do that where and make it turn out to be a positive thing I think we'd all be we maybe -- everybody may learn something.

SENATOR TOMMY WILLIAMS: Well, Senator Jackson you maybe right about that I know I just hate for us as a body to react to a lay breaking story a scandal in the newspaper I'm not sure that's a way to make good public policy the reason I'm putting that language in about the regional promotional account is because most of the serious allegations where there seems to be some substance involved this particular account but I'm not just toking this I'm not just singling out the port of Houston out every district and every port in the district and the developmental account and they could pall be audited by the State aid dorse office and I think that is good public policy because these are the funds that are subject to the normal government processes that you have the medical examiner balance on in state law and so is that seem to be from what I read exact again I don't have any direct knowledge of any of this all I know is what I've read in the newspapers and you know it's not always exactly the way they report it and so I I hate to do precipitous here that might damage the reputation of the port or their ability to go expat raise money I do think that there are problems there that need to be addressed I think that we have delegate had the ability to address those problems to a local government unit and we are not giving them an opportunity to act on that these are recent eventses that are parasip at a timing Senator wit miers mood to do this and I think that if there were a history of the port not being able to deal with these sorts of issues I would more inclined to take care of it or if there was a history Harris County commissioners court turning a behind eye problems. I don't see in a tippet I think we need to give them an opportunity to resoft this issue before we step in and so that's really the basises it's not that I don't think this needs to be looked at I'm not whitewashing it or shill look it in any way these are serious allegations they deserve to be vetted there are methods that are in place for local governments to do that through the district attorneys office through commissioners court and through the county auditors office we have not given them the opportunity to resoft this issue tippet.

SENATOR MIKE JACKSON: And I don't know Senator Williams you may be able to forcost as well as I can or better than I can I think this is amendment goes on and it becomes law it maybe a year before sunset could get organized id know they have more than they can do any way it maybe a year or more before they get over to do that but I would suggest to you in a if the port doesn't have I mean if they don't have anything to hide they shouldn't mind going through this process I know it would be a pine and it hadn't happened since 1927 since they've -- they were put into existence it just seems to me that it maybe an opportunity for something good and I promise you that the current what has happened here in the last six months or whatever time frame all the story that have come out in the paper about really have nothing to do with what my thoughts here significant I suggested this four or five years ago when other things were going on that ports should do that and one other point and I'll sit down I don't want to labor this but the port of Houston does use tax dollars they do sell bonds but they use their promotional fund to buy a tremendous amount of television adds they always seem to come right before the bond election bonds come and you know a lot of people think that is that a good use of the the taxpayers money you know on television promotions which come across kind of like campaign adds and there are a lot of things we can consider and go I don't want -- I don't want to labor this whole thing but I do think that it would be good idea to at least start this process and motion.

SENATOR TOMMY WILLIAMS: Senator Jackson I think -- I want to point out that I agree with you about the promotional and development account in fact my comments to my wife Marsha when I have seen some of the the adds on TV for the port -- as you know I don't live in Harris County pi represent a portion of Harris County but it's my comment to my wife has been why would they be advertising what other port would you use other than this port of Houston they pretty much have a captive market there and of course they could go to another port like without ,more or less, or without or Corpus Christie but I mean I don't think that's the kind of add veer arrest veritiesing that they're doing and I would agree with you but heres the other point that I would make. Every port in the country -- in the state has ha promotional and developmental account and the legislatures specifically authorized the creation of a promotional and developmental account and specifically authorized ha percentage of grows revenues to be placed in the that account I don't believe it's tax dollars I think it's revenue from the port and the that that money would be u could be spent without the same kind of restrictions that you would ski that's actually the legislative intent of that promotional and development account that ports could go expat compete with the private entity there are private ports around the country it's a global business and so that was something that we specifically authorized and I think it is something that needs to be looked into and that's why I would like to get the State auditor in there.

SENATOR MIKE JACKSON: It's economic development money kind of like something that we had set up in the state or we use to have a good by the of money in there I don't know what will happen there next year or so but I don't disagree but I just Senator Williams to close and I'll sit down and be quite I just don't see why this would be such a bad idea that if we can get legislation through that a-year town the Fred we can go in and look at some of this and answer some --

SENATOR TOMMY WILLIAMS: Senator Jackson I'm not saying it's a bad idea I'm saying I disagree that this is necessary tippet. In my opinion I don't question the need to examine some of the the activity that is the port in fact I have some pretty strong questions about many of the the activities myself but in my opinion the State auditors office has the tool and that's the appropriate first step for the legislature to take and in the absence of further action by the local officials that have been elect and had appoint today govern this creche of the the legislature the people the way we asked them to set it up I think it's prearm mature for us to step in at this point. I'm not being critical of the the sunset process I'm not saying that it would be a witch hunt although I don't think that everybody whose promoting this has the same idea about it as you that this might not have been such a good idea had few years ago but may be they see they feel differently about it because of sunt circumstances and I think necessary that's not a to do way to Mike public policy and to make a pretty significant departure from what we to with the sunset commission and so this is a significant deviation from if sunset commissions responsibilities as defined in statute.

SENATOR MIKE JACKSON: But with all due respect Senator Williams the amendment that you put on about the State auditors office is -- it -- there's no time line that that has to be done there's no shall that it shall be done and that may or may not even happen with the attempt.

SENATOR TOMMY WILLIAMS: That is members of the the audit committee in the Senate

SENATOR MIKE JACKSON: It's economic development money kind of like something that we had set up in the state we used to have pretty good amount move money in there I don't know about what will happen here next year of so but I don't disagree but I just Senator Williams to close and I'll sit down and be quite I just don't see why this would be such a bad idea that if we can get legislation through that a year down the road we can look at this and maybe answer some of these questions.

SENATOR TOMMY WILLIAMS: Senator Jackson I'm not saying it's a bad idea I'm saying I disagree that this is necessary at this point in my opinion I don't question the need to examine come of the the activities that the important fact I have some fret strong questions about many of the the activities myself but in my opinion the State auditor office that is tools and that's appropriate for us to have for the legislature and in the absence move further action by the local officials that have been selected appoint today govern in creature to have the the there are people the way we asked them to set it up I think it's pretty premature to step in tippet I'm not being critical to have the sunset process I'm not saying it would be a witch hunt although I don't think everybody that's promoting this has the shame idea about it as you that this might not have been a good idea add few years ago but when they see they feel different about it because of current circumstances and I just think that's not necessarily a tabooed way to make public policy and though make a pretty significant departure from what we to with the sunset commission to this is a significant deviation from if sunset commissions responsibilities as defined in statute.

SENATOR MIKE JACKSON: But with all due respect Senator Williams the amendment that you put on about the state auditors office is a it there's no time line that thionase to be done there's no shall that it shall be done and that may or may not even happen.

SENATOR TOMMY WILLIAMS: I can tell you as a members of the the audit committee in the Senate I will assure you that they will be out there just as quick as we can get this enacted ad.

SENATOR MIKE JACKSON: Okay thanks.

LT. GOVERNOR DAVID DEWHURST: Senator Williams Senator Patrick for what purpose do you rise, sir.

SENATOR DAN PATRICK: Question of the the author.

LT. GOVERNOR DAVID DEWHURST: Will Senator Williams yield.

SENATOR TOMMY WILLIAMS: I'd be glad to yield.

SENATOR DAN PATRICK: Senator I know it's late in the night and I know it's your case what I would ask you is to simply -- as the Harris County delegation Senator Jackson I don't want to speak for Senator Huffman but I think she's going to speak in a moment Senator Ellis guyuation goes Whitmire and myself and Senator they far whose going have a big chug of Harris County soon all of us are requesting this.

SENATOR TOMMY WILLIAMS: Okay.

SENATOR DAN PATRICK: And it seems to me that I would ask you to consider that request from all of us it take a lot to get buy partisan support on any issue but we kind of stand photowe have in the past on accounting issues and we are very concerned on this and maybe now is not the time but if now is not the time then when is the time before it get would it be fair to say understand they've hired one of the the highest priced attorneys defense attorney in the nation at taxpayers compensatory after story television newspapers come out with things that are very disturb to go taxpayers because the port impacts our entire state we cannot let the interrogate intersecty of the the business transactions be in question at all with the taxpayers so I would ask you to consider the request from all of us and to accept the amendment thank you, Senator.

LT. GOVERNOR DAVID DEWHURST: Senator Huffman for what purpose do you raise.

JOAN HUFFMAN: For a question of the author.

LT. GOVERNOR DAVID DEWHURST: Will the Mr. Williams yield?

SENATOR TOMMY WILLIAMS: I yield.

JOAN HUFFMAN: Senator Williams just briefly because I know we've talked a lot of this s on this and I know you know how much I respect everything that you do in your opinions and your thoughtings on these issues but I just wanted to talk you to about a little bit from a different perspective I and I see it from the sunset the sunset perspective and you have made the argument and given us the statistics showing what an economic impact the port has on the whole State of Texas which I would lead to an argument of why it would more appropriate to subject it to the sunset process and I guess through sunset process I have seen what they are able to do I would think that you might ask Senator Watson to tell you about the cap in metro experience and what a good process that has been for cap metro I think he would agree with that I know we testified during the sunset process and I know maybe some of us thought that wasn't such a good idea but I think it turned out to be a positive thing for the the intent and I think that would be the same for the port and I also heard you talk about your flee let the local authorities and you know of course I have the up most respect for the Harris County DA and tall agencyings there in Harris County I just don't thither set up to to the type of investigation that it appears that the port requires so I was just again respectfully request that you consider the delegations desire but again I respect your opinion so thank you, Senator Williams.

LT. GOVERNOR DAVID DEWHURST: Senator Hegar, for what purpose. The Chair recognizes Senator Williams.

SENATOR TOMMY WILLIAMS: The amendment is acceptable I think we're having good politics break out on the floor tonight but I do believe it's poor public policy, I think it's been driven by Senator Whitmire's desire you know to get ahead line here in some respect.

SENATOR JOHN WHITMIRE: Wait a minute.

SENATOR TOMMY WILLIAMS: And I'm just going to tell you, John, you wanted to get this on TV tonight. That is what you said to me earlier and I don't believe this is the right way to.

SENATOR JOHN WHITMIRE: Does Senator Williams yield?

SENATOR TOMMY WILLIAMS: I'd be glad to

SENATOR JOHN WHITMIRE: First of all, Tommy, you're a good friend and colleague and you can't mean what you're saying. I met with the county judge in

(inaudible) Judge Emmett. December staff prepared it legislation and Judge Emmett thought it was a good idea, I met with him in December at Harris, he gave me the concept of maybe taking it out of the the taxes.

SENATOR TOMMY WILLIAMS: Okay. Disregard my remarks, I'm wrong.

SENATOR JOHN WHITMIRE: No, no, you're dead wrong.

SENATOR TOMMY WILLIAMS: I owe you an apology, I apologize. I'm wrong, I'm willing to accept the amendment.

SENATOR JOHN WHITMIRE: Well, don't think you're getting off the mic so quick. First of all, you said it's me look for made compliance, I'm not known for that I'm very serious about what's going down there. They built a hundred million dollars cruise terminal that is boarded up in Senator Jackson's district, there is shop major policies to the decision and quite frankly Senator Williams, do you know you vote twice to put Austin metro under sunset you have twice a local entity you did it and I guess I wouldn't dare accuse you for looking for publicity or politics at that time this is serious public expose if you want to call being responsetive to your constituents policy politics put me down so that's how I remain here as long as I have I listen to feels of the the people they're begging for us to look into the abort not just the alleged occur presumption but the operations $52 million in ad valorem taxes goes down there and we don't know what they to with it they terminate a contract with Libya two months ago who in the world they were managing the Libyan ports the although mal-fy son at the country club they can't scrutinize as much as in my opinion entity I have seen I'm on sunset I commit to you not to politicize it. I live in the community, I love the community and we can't allow them the because the port and I think you other me another apology for saying that I'm looking for ha head line that is a cheap shot and you know it.

SENATOR TOMMY WILLIAMS: I apologize to you, Senator Whitmire and shouldn't have said that and your amendment is acceptable.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Mr. Whitmire of floor amendment five. Is there objection from any members. Chair hears no objections from the members, floor amendment to five is adopted. The Chair recognizes Senator Williams for a motion.

SENATOR TOMMY WILLIAMS: I move passage to third reading.

LT. GOVERNOR DAVID DEWHURST: Members Senator Williams moves to passage to third reading of House Bill 2707 as amended. Is there any objection from any members? Chair hears no objection and House Bill 2770 is amended and passes to third reading. Chair recognizes Senator Williams for a motion to suspend --

SENATOR TOMMY WILLIAMS: So moved.

LT. GOVERNOR DAVID DEWHURST: Members, you heard the motion by Senator Williams the Senator will call the role.

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

LT. GOVERNOR DAVID DEWHURST: There being eyes and no nays the Rule is suspended. Chair lays out on third reading and final passage House Bill 2770 as amend it had secretary will read the caption.

SECRETARY: House Bill 2770. Relating to powers and duties and navigation of districts port authorities in certain municipalities.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Williams.

SENATOR TOMMY WILLIAMS: We move passage.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator members you heard the motion by Senator Williams the secretary will call role.

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

LT. GOVERNOR DAVID DEWHURST: There being eyes and no nays House Bill 2707 as amended is finally passed.

LT. GOVERNOR DAVID DEWHURST: Mr. Doorkeeper.

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

LT. GOVERNOR DAVID DEWHURST: Admit the messenger.

MESSENGER: Thank you, Mr. President. I'm directed by the House to inform the Senate that the House has take Tennessee following actions the House has concursed in the Senate amendment to the following measures HB254.

LT. GOVERNOR DAVID DEWHURST: Senator Patrick, Senator Patrick, Senator Ellis would like to bring up your bill 3396.

SENATOR DAN PATRICK: I would be more than happy to bring it forward.

LT. GOVERNOR DAVID DEWHURST: Okay because he has an amendment for it.

SENATOR DAN PATRICK: Yes.

LT. GOVERNOR DAVID DEWHURST: All right Senator Patrick sends a motion to suspend the Senate's regular of business to take up and consider --

SENATOR DAN PATRICK: Thank you members Mr. President this was was a Senate Bill 841 that we passed out of here unanimously it just adds computer security the House vicious is that of a combined bill that I worked with Senator Seliger on it it seems like so long ago that we combined our bill so members and so local tomorrow but Senator Ellis had an amendment that we accepted the first time around so I'm bring it to the floor tonight so Senator Ellis can add his amendment as woe prommed I move suspended order of business.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members you heard the motion by Senator Ellis I mean Senator Patrick is there objection from any members Chair hears no objection and the Rule is suspended the Chair lays out on second reading House Bill 339 6 the secretary their will read the amendment.

PATSY SPAW: House Bill 3396 Relating to the prosecution of and punishment for the offense of breach of computer security.

LT. GOVERNOR DAVID DEWHURST: The Chair lace out floor amendment No. 1 by Senator Ellis

LT. GOVERNOR DAVID DEWHURST: Is there any objection from any members Chair hears no objection and the Rule suspended the Chair lays out on second reading House Bill 33396 the secretary will read the amendment.

PATSY SPAW: House Bill 3396 Relating to the prosecution of and punishment for the offense of breach of computer security.

LT. GOVERNOR DAVID DEWHURST: The Chair lace out floor amendment No. 1 by Ellis, the secretary will read the amendment.

PATSY SPAW: Floor amendment No. 1 by Ellis.

LT. GOVERNOR DAVID DEWHURST: Chair recognizes Senator Ellis.

SENATOR RODNEY ELLIS: President members this amendment was added to the Senate companion of this bill it would add a state jail felony offense to a computer crime involved harm or fraud in the aggregate amount involved was less than $20,000 if the amendment involved was 20,000 to a hundred thousand it would be a third degree felony by remove it can word benefit we clarified bias ago wireless internet connection without the owners consent would not be enhanced as a felony and it is acceptable to Senator Patrick for the second time this session elm thank you and thank you for bringing this up.

SENATOR DAN PATRICK: Sure, my pleasure. And I move adoption Mr. President.

LT. GOVERNOR DAVID DEWHURST: The Chair recognizes Senator Patrick for amendment one.

SENATOR DAN PATRICK: Yes I accept the opening statement, I accepted it.

LT. GOVERNOR DAVID DEWHURST: Member it is motion for suspension by Senator Ellis tonight adoption to floor amendment No. 1 it is acceptable to the Patrick is there any objection from any members Chair hears no objection and floor amendment No. 1 is adopted. Chair recognizes Senator Patrick for a motion.

SENATOR DAN PATRICK: I move to engrossment.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator. Members you heard the motion by Senator Patrick is there any objection Chair areas none objection and House Bill 3396 is amend and would passes to third reading Chair recognizes Senator Patrick to suspend the constitutional rule of the the bills to be read the.

SENATOR DAN PATRICK: Moved.

LT. GOVERNOR DAVID DEWHURST: Members the recognizes Senator Patrick this secretary will call the role.

SECRETARY: Birdwell Carona Davis Deuell well Duncan Ellis Eltife Estes Chair Chair there being yea and no nays the Rule is suspended Chair lays out on third reading and final patch House Bill 3396 as amended the secretary will read the caption.

SECRETARY: House Bill 3 396 relating toRelating to the prosecution of and punishment for the offense of breach of computer security.

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

SENATOR DAN PATRICK: Final passage.

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

SECRETARY: Birdwell Carona Davis Deuell Duncan Ellis Eltife.

LT. GOVERNOR DAVID DEWHURST: There being eyes and no nays.

SENATOR DAN PATRICK: Thank you.

LT. GOVERNOR DAVID DEWHURST: Members the Chair recognizes Senator Watson far motion to concur on the the House amendments to House Bill 329-.

SENATOR KIRK WATSON: Thank you members Miss I move that we concur in the changes made by the House in Senate Bill 329 very quickly the changes that the House made regulation fees under the market shear model this is the TDE recycling bill if you remember and registration fees on the market bill are made in January the senates version said July the House create add special account in general revenue nor special frees that are collected and authorize it to be used for consumer education the House remove had the the require recycling leadership program party's must represent percent of the total market requirement for recycling leaders made a list to have the companies their coalition to have the the TCEQ they made a requirement for recyclers leaders in rural areaers rural Texans aware of recycling opportunities and practices added a requirement to recycling leaders report their weight every two years they change it had recycling standards but the language lead it is commission discretion of flexibility to update their standards Mr. President members, I move to concur in the House change to Senate Bill 329.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Watson members you heard the motion by Senator Watson is there objection from any members Chair hears gnu no objection and the secretary will call the roll.

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

LT. GOVERNOR DAVID DEWHURST: There being ayes and two nays the motion to concur the House amendments to Senate Bill 329 the Chair recognizes Senator Williams for a notion suspend the senates regular order of business on to take up and consider House Bill 12.

SENATOR TOMMY WILLIAMS: Thank you, Mr. President members House Bill 12 provide that is a local government entity cannot enacted a a policy prohibiting the enforcement of state or federal immigration laws including the federal immigration and nationality act Mr. President I move to suspend the senates regular order of business to take up and consider House Bill 12.

LT. GOVERNOR DAVID DEWHURST: Chair thank you, Senator Williams members you heard the motion by Senator Williams secretary will call the role.

SECRETARY: Birdwell Carona Davis Duelle Duncan Ellis Eltife Estes Fraser Gallegos harris Hegar hundred mesa Huffman, Jackson, Lucio, nelson, in this case coals, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, Van de Putte, Watson Wentworth, West, Whitmire, Williams Zaffirini.

LT. GOVERNOR DAVID DEWHURST: Members there is being 139 ayes and 2 nays, the motion to suspend fails.

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

LT. GOVERNOR DAVID DEWHURST: Members the presidents desk is clear are -- there wait a minute Senator Whitmire says work all right the presidents desk is clear Chair recognizes Senator Deuell for announcement -- no you were on the screen. the Chair recognizes Senator Eltife for announcement.

SENATOR KEVIN ELTIFE: Thank you, Mr. President members we have our last local and uncontested calendar tomorrow morning at 9:00 a.m. the 0y'all better be there to protect Ogden. We'll take the bills as they're listed on the calendar 9:00 a.m. thank you, Mr. President thank you members.

LT. GOVERNOR DAVID DEWHURST: Thank you, Senator Eltife. Members are there any additional announcements, the Chair recognizes the dean of the the Senate for a highly privileged motion.

SENATOR SENATOR JOHN WHITMIRE: Thank you, Mr. President. I move that the Senate recess until 9:00 a.m. tomorrow so that we may consider a local and uncontested calendar at that time and at the conclusion of that the Senate will recess until 10:30 a.m.

LT. GOVERNOR DAVID DEWHURST: Thank you dean. Members you've heard the motion by Senator Whitmire is there any objection there's no objection from any members and the Senate stands in recess until 9:00 a.m. tomorrow after considering local calendar upon conclusion of the local calendar the Senate will recess until 10:30 a.m. tomorrow Wednesday May 25th.

(Adjourned.)